Loading...
Agenda 04/28/2020 Item #16A21 (RFP #19-7599 - Engineer LAP Projects)04/28/2020 EXECUTIVE SUMMARY Recommendation to approve a short-list of professional engineering consultants pursuant to Request for Proposal (RFP) # 19-7599, Design Services for Local Agency Program (LAP) Funded Projects and to authorize entering into negotiations between Collier County and Capital Consulting Solutions, for "Engineering & Design Services for LAP Funded Projects", Growth Management Grant Fund 711. OBJECTIVE: To obtain professional engineering & design services for LAP funded projects. CONSIDERATIONS: The Florida Department of Transportation (FDOT) is empowered by legislative authority to contract with other governmental (local) agencies to develop, design, acquire right -of-way, and construct transportation facilities and to reimburse these governmental agencies for services provided to the traveling public. The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete a prioritized project from FDOT’s Five-Year Work Program. On October 11, 2019 the Collier County Growth Management Department, through its Transportation Engineering Division, issued RFP #19-7599 and requested proposals from professional engineering consulting firms pre-qualified by the Florida Department of Transportation (FDOT) to provide services for LAP funded projects. 30,567 firms were notified, 255 firms downloaded the bid information. Five proposals were received on November 22, 2019. KAPCO Consulting was deemed non-responsive for not adhering to the criteria in the solicitation. The remaining four firms were deemed responsive and responsible. The selection committee met on January 9, 2019 and, as described in step 1 of the solicitation documents, scored each of the proposals and shortlisted the following top four firms to move on to step 2, oral presentations: Capital Consulting Solutions, LLC., Q Grady Minor & Associates, P.A., Agnoli, Barber & Brundage, Inc., and TY LIN International. On January 31, 2020, the selection committee reconvened for step 2. After hearing presentations, the committee ranked the firms as follows: Respondents: Company Name City County State Final Ranking Responsive/Responsible Capital Consulting Solutions, LLC. Naples Collier FL 1 Yes/Yes Q Grady Minor & Associates, P.A. Bonita Springs Lee FL 2 Yes/Yes Agnoli, Barber & Brundage Inc. Naples Collier FL 3 Yes/Yes TY LIN International Fort Myers Lee FL 4 Yes/Yes Staff is recommending negotiations with the top ranked firm, Capital Consulting Solutions, LLC. FISCAL IMPACT: Funding is available in the Growth Management Grant Fund (711), Projects 33620, 33621 and 33622. The funding source is the Federal Highway Administration (FHWA); whereby, these grant dollars are passed through the Florida Department of Transportation via the LAP agreement. Should grant funding be insufficient for any of the projects, local funding within Growth Management Fund (310) will be made available; source of funding is a transfer from the General Fund. 16.A.21 Packet Pg. 620 04/28/2020 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management impact related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve the short-list of RFP #19-7599, Engineering and Design Services for LAP Funded Projects so that negotiations can begin with the top-ranked firm, Capital Consulting Solutions. Following negotiations, staff will return to the Board of County Commissioners to seek approval of a contract with the top-ranked firm. Prepared By: Chad Sweet, P.E. PMP, Senior Project Manager, Transportation Engineering Division ATTACHMENT(S) 1. 19-7599 NORA (PDF) 2. [Linked} 19-7599 Solicitation (PDF) 3. [Linked} 19-7599 Capital Consulting Proposal (PDF) 4. 19-7599 Final Ranking (PDF) 16.A.21 Packet Pg. 621 04/28/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.21 Doc ID: 11871 Item Summary: Recommendation to approve a short-list of professional engineering consultants pursuant to Request for Proposal (RFP) # 19-7599, Design Services for Local Agency Program (LAP) Funded Projects and to authorize entering into negotiations between Collier County and Capital Consulting Solutions, for "Engineering & Design Services for LAP Funded Projects", Growth Management Grant Fund 711. Meeting Date: 04/28/2020 Prepared by: Title: Sr. Project Manager – Transportation Engineering Name: Chad Sweet 03/02/2020 3:32 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 03/02/2020 3:32 PM Approved By: Review: Growth Management Department Christine Arnold Level 1 Reviewer Completed 03/02/2020 3:35 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/03/2020 8:26 AM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 03/06/2020 10:12 AM Procurement Services Evelyn Colon Additional Reviewer Completed 03/09/2020 1:27 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/09/2020 3:24 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/12/2020 3:28 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 03/13/2020 8:40 AM Growth Management Department Gene Shue Additional Reviewer Completed 03/16/2020 9:32 AM Grants Erica Robinson Level 2 Grants Review Completed 03/16/2020 1:29 PM Grants Carrie Kurutz Additional Reviewer Completed 03/16/2020 3:18 PM County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 03/17/2020 9:41 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/20/2020 1:53 PM Growth Management Department James C French Deputy Department Head Review Completed 03/23/2020 10:19 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/23/2020 10:27 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/23/2020 10:44 AM 16.A.21 Packet Pg. 622 04/28/2020 Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/24/2020 2:20 PM Grants Therese Stanley Additional Reviewer Completed 04/14/2020 4:25 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 04/19/2020 4:32 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM 16.A.21 Packet Pg. 623 16.A.21.a Packet Pg. 624 Attachment: 19-7599 NORA (11871 : LAP Engineering and Design Services) 16.A.21.a Packet Pg. 625 Attachment: 19-7599 NORA (11871 : LAP Engineering and Design Services) 16.A.21.d Packet Pg. 626 Attachment: 19-7599 Final Ranking (11871 : LAP Engineering and Design Services) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS) In accordance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act FOR Engineering and Design Services for LAP Funded Projects RPS NO.: 19-7599 GEOFF THOMAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-6098 geoff.thomas@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 19-7599, Page 1 of 96 SOLICITATION PUBLIC NOTICE REQUEST FOR PROFESSINAL SERVICES (RPS) NUMBER: 19-7599 PROJECT TITLE: Engineering and Design Services for LAP Funded Projects PRE-PROPOSAL CONFERENCE: No Pre-Proposal Conference for the RPS LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 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 Growth Management Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Professional Services (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The Growth Management Division is seeking an engineering and design services professional to design Local Agency Program (LAP) funded projects. • 443375-1 & 443375-2 Lake Trafford Bike Sidewalk and Bike Lanes • 441480-1 Eden Park Elementary Sidewalk • 441846-1 111th Avenue North Bike Lanes BACKGROUND The principal intent of this project is to provide Engineering & Design Services for the construction of Local Agency Program (LAP) projects. The Florida Department of Transportation (FDOT) is empowered by legislative authority to contract with other governmental (local) agencies to develop, design, acquire right-of-way, and construct transportation facilities and to reimburse these governmental agencies for services provided to the traveling public. The FDOT Local Agency Program, administered at the FDOT district level, is the mechanism used to complete a prioritized project from FDOT’s Five-Year Work program listed above The projects include sidewalks, intersection improvements, median alterations, pedestrian pathways, etc. TERM OF CONTRACT County reserves the right to modify this scope during negotiations for budgetary reasons. The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approval of the final payment. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. DETAILED SCOPE OF WORK Provide services as defined in this Scope of Services, the referenced Florida Department of Transportation (FDOT) manuals, and procedures. For each project the CONSULTANT and/or Sub-Consultant(s) must be FDOT qualified (Rule Chapter 14-75) to perform the assigned work and/or services required of the project. As a minimum, the CONSULTANT and/or Sub-Consultant(s) must be qualified to perform the following types of work: RPS 19-7599, Page 2 of 96  3.1 Minor Highway Design  4.1.1 Miscellaneous Structures  7.1 Signing, Pavement Marking, and Channelization  7.2 Lighting  7.3 Signalization  8.1 Control Surveying  8.2 Design, Right of Way, and Construction Surveying  8.4 Right of Way Mapping  9.1 Soil Exploration  9.2 Geotechnical Classification Lab Testing Services provided by the CONSULTANT shall comply with FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Agreement; however, it is the responsibility of the CONSULTANT to stay current with applicable regulations and procedures as they are updated by FDOT and/or the County. Such FDOT manuals, procedures, and memorandums are found on FDOT’s website. The CONSULTAT will provide a detailed Scope of Service, including project deliverables, and the time duration to complete the work. Due to the varied nature of the projects for which work is to be assigned, a description of the types of tasks generally associated with a design assignment follows below but may be modified as needed. The Scope of Work may be modified to include the applicable provisions of the latest version of FDOT’s Scope of Services for Consulting Engineering Services as appropriate. 1.0 DEFINITIONS: A. Agreement: The Professional Services Agreement between the County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. B. Consultant: The Consulting firm under contract to the County for engineering and design services. C. Consultant Project Manager: The employee assigned by the CONSULTANT to be the lead contact for the county and in charge of coordinating the services to be provided for the Project. D. Consultant Engineer of Record: The Engineer assigned by the CONSULTANT to be in charge of signing and sealing plans in accordance with the Florida Board of Professional Regulation E. Transportation Engineering Director: The administrative head of the County’s Construction Offices / The Engineer assigned to administer Engineering and design as well as Construction Contracts for the County. F. County Project Manager: The County employee assigned to administer the CONSULTANT Engineering and Design Services on behalf of the County. G. County Professional Services Administrator: The Administrative Head of the Professional Services Office. H. County Manager: The County Administrator of the County. I. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. J. Road Maintenance Director: The County employee assigned to administer Maintenance Contracts for the County. K. Public Information Office: The County employee assigned to manage the Public Information Program. L. Resident Compliance Specialist: The employee assigned by the County to oversee project specific compliance functions and maintain compliance files. M. Owner: The Board of County Commissioners for Collier County, Florida. A political subdivision of the State of Florida N. County: Collier County, a political subdivision of the State of Florida. 2.0 ITEMS TO BE FURNISHED BY THE COUNTY TO THE CONSULTANT: A. The COUNTY, on an as needed basis, will furnish all available project documentation to the CONSULTANT for each project. The documents available will be determined at the time of issuance of the Notice to Proceed. Documents may be provided in either paper or electronic format. B. A list of all standard forms for use under the terms of this Agreement will be provided in one (1) hard copy or electronic format at the Pre-Services meeting. All directives, procedures, and standard forms can be accessed through the Collier County website. RPS 19-7599, Page 3 of 96 3.0 ITEMS FURNISHED BY THE CONSULTANT: FDOT Documents All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT’s Internet website. Most items can be purchased through the following address. All others can be acquired through the FDOT’s District Office or on-line at the FDOT’s website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 Telephone No. (850) 488-9220 http://www.dot.state.fl.us/ 6.0 LIAISON RESPONSIBILITY OF THE CONSULTANT: For the duration of the Agreement, keep the COUNTY’s Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. Facilitate communications between all parties (e.g., FDOT, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, and Change Orders to the COUNTY’s Project Manager for review and approval. 7.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all Change Orders thereof, the COUNTY will review various phases of CONSULTANT operations and FDOT’s Local Agency Program Manual to determine compliance with this Agreement. If deficiencies are indicated, remedial action shall be implemented immediately. County recommendations and CONSULTANT responses/actions are to be properly documented by the CONSULTANT. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. 8.0 REQUIREMENTS OF THE CONSULTANT: 8.1 Project Administration 8.1.1 Notice to Proceed/Project Initiation The CONSULTANT will be issued a Notice to Proceed (NTP). Following the issuance of the NTP, the CONSULTANT will prepare for and attend a Kick-off Meeting with the COUNTY’s Project Manager, staff and FDOT as determined by the COUNTY. At this meeting, the COUNTY and FDOT and key members of the CONSULTANT’s team will set the final parameters for the project. 8.1.2 Project Schedule As part of the man-hour and fee proposal, the CONSULTANT will provide a Project Schedule, identifying the timetable for execution and completion of all elements of the Scope of Work. The schedule will identify major tasks, duration and task relationships. An electronic submittal, compatible with Microsoft Project is required. This schedule will indicate both projected and actual completion dates. The CONSULTANT will send the COUNTY’s Project Manager an e-mail update of the Microsoft Project compatible schedule monthly. 8.1.3 Project Status Meetings The appropriate members of the CONSULTANT’s team will attend as necessary, monthly progress meetings with the COUNTY’s Project Manager and staff to discuss the project’s progress, status and other activities. The purpose of these meetings is to maintain clear communication between the COUNTY and the CONSULTANT’s team. The CONSULTANT will prepare meeting notes from these meetings, and distribute these notes within ten (10) days following each meeting. The CONSULTANT will communicate with the COUNTY and FDOT biweekly, via email, the project’s progress and issues. RPS 19-7599, Page 4 of 96 8.1.4 Coordination Meetings The CONSULTANT may be required to meet with various project stakeholders to discuss the project and receive input. The CONSULTANT should plan to attend at least four (4) such meetings. The CONSULTANT may be called upon to provide maps, plans sheets, audio-visual displays and similar material for these meetings. 8.1.5 Public Involvement It is to be assumed formal public involvement activities will generally not be required; however, the need for any project-specific public involvement activities for a specific assignment will be determined at the time of the development of the project Scope of Work. 8.2 Surveys 8.2.1 Control Surveys and Right-of-Way Maps The CONSULTANT is to provide the COUNTY with Control Survey for the project, if necessary, consistent with the Minimum Technical Standards for Land Surveying in the State of Florida set forth by the Board of Land Surveyors, Chapter 61G17-6, F.A.C., pursuant to Chapter 472, Florida Statutes. 8.2.2 Design Surveys The CONSULTANT shall furnish complete field verified design survey. The surveys shall include aerial targeting as necessary, wetlands vegetation lines, topography, right-of-way, 50’ interval cross sections for plotting purposes, cross sections at driveways with anticipated connection slopes approaching maximum design criteria, physical location of utilities, drainage and base line control, along with surveys necessary for side road connections or upgrading. Should additional field surveys be required to successfully design, permit and construct this project, the CONSULTANT is to obtain this information as a fundamental requirement of this scope of services. The work shall be performed in accordance with the latest edition of the FDOT Location Manual, Policy No. 760.001-760.012 and the Minimum Technical Standards for Land Surveying in the State of Florida set forth by the Board of Land Surveyors, Chapter 61G17-6, F.A.C., pursuant to Chapter 472, Florida Statutes. Variations in survey methodologies, etc., as required by FDOT, will be permitted if approved by the COUNTY and FDOT prior to submittal of man-hour and lump-sum fee proposals. Coordination with the COUNTY and FDOT Surveyor is required prior to beginning this work effort. 8.3 Final Design & Specifications 8.3.1 Assembly and Evaluation of Data The CONSULTANT is to collect and evaluate all available and appropriate data for the successful final design of this project. Specifically, and non-inclusively, the CONSULTANT will address the following items: 8.3.1.1 Assembly of Data: The CONSULTANT is to collect and review all available information such as records, maps, surveys, plans, soil investigation reports, utility service system, availability data, zoning classifications, building codes and standards, requirements of all agencies having jurisdiction over the project, and any other information which may have a bearing or impact to the planning, design, approval, permitting, construction and/or operation of this project. The CONSULTANT is to review all appropriate COUNTY information on this project. 8.3.1.2 Regulatory Agencies: The CONSULTANT is to coordinate all necessary and required activities with regulatory agencies throughout the entire design and permitting phases of the project. RPS 19-7599, Page 5 of 96 8.3.1.3 Field Reviews and Surveys: The CONSULTANT is to field review data, including surveys, for consistency with actual field conditions. The CONSULTANT is to evaluate right-of-way and topographic surveys for consistency with design and construction requirements of the project, as well as adherence to appropriate standards of professional practice. 8.3.1.4 Soils Survey/Geotechnical Investigations: The CONSULTANT is to provide the necessary soil survey and analysis for the project design. The results of the soils survey will be analyzed, posted and summarized appropriately on the cross-sections and applicable plan sheets consistent with FDOT requirements. This analysis will include design recommendations for roadway fill and other design and construction elements. Further, the soils investigations will include all required soil parameters necessary to design and construct the improvement, drainage systems, including surface water management systems, utility installations, etc. 8.3.1.5 Preliminary Drainage: The CONSULTANT is to evaluate the project’s existing drainage conditions to identify at the earliest possible stage the need to address large-scale drainage issues and/or issues of significance to the project. The CONSULTANT is to review these matters with the COUNTY and FDOT early in the progress of the final design. 8.3.1.6 Environmental Issues: The CONSULTANT is to evaluate the project’s overall impact to the environment, specifically addressing elements requiring agency permitting. The purpose is to identify at the earliest possible stage the need to address the critical path(s) of design elements related to these issues. The CONSULTANT is to review these matters with the COUNTY and FDOT early in the progress of the final design. 8.3.1.7 Drainage Design The CONSULTANT is to provide for the drainage basin/sub-basin mapping and design sufficient to meet COUNTY, State and Federal Standards, as well as State and Federal regulatory agency permit requirements. The project must meet the following minimum requirements: A. The Collier County Land Development Code; B. South Florida Water Management District rules and regulations; C. Other State and Federal rules and regulations. Before or at the 60% submission, the CONSULTANT is to obtain COUNTY and FDOT approval for the conceptual layout and design for all stormwater management facilities (SWMF). The CONSULTANT is to submit the following minimum information at this time: A. Large-scale mapping of all drainage elements affecting the design of the project, including basin and sub- basin delineations on a scalable, readable contoured map; B. Definable locations of the SWMF on a scalable graphic including parcel identification information; C. Brief narrative on availability of land, zoning, current use, future land use (Growth Management Plan), environmental issues, if any, estimated construction costs, and other relevant data to adequately review and evaluate the proposed SWMF location. 8.3.2 Construction Plans Preparation The CONSULTANT is to provide all necessary and required construction plans for the successful design and construction of the project. Each contract plans package and its component parts will be prepared in accordance with FDOT standards, policies, procedures, memorandums and directives. Design work will comply with the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, latest non-metric edition, and FDOT Design Manual, and other applicable standards. RPS 19-7599, Page 6 of 96 Each contract plans package shall be accurate, legible, complete in design, suitable for public bidding purposes and drawn to scales acceptable to the COUNTY and FDOT and in format acceptable to the COUNTY and FDOT. For recommendations concerning the plans preparation the CONSULTANT should refer to the latest non-metric editions of the Florida Greenbook, and other applicable manuals as determined by the COUNTY’s Project Manager and FDOT. It is the CONSULTANT’s responsibility to acquire and utilize the necessary FDOT manuals that are required to complete the project design. The project must meet the following minimum plans and documentation requirements: 8.3.2.1 Plan sets: A. Cover/Key Sheet B. Summary of Pay Items C. Drainage Maps (1” =200’ maximum scale, with contours) D. Typical Sections E. Summary of Quantities F. Summary of Drainage Structures (Includes invert elevations) G. Project Layout H. Sidewalk Plan & Profiles (1” = 20’ maximum scale) I. Special Profiles (if necessary) J. Intersection Layouts (1” = 10’ maximum scale) K. Drainage Detail Sheets L. Drainage Structure Cross Sections M. Erosion Control Sheets (NPDES Sheet) N. Soils Survey Data Sheets O. Signing and Pavement Marking Plans P. Signalization Modification Plans Q. Sidewalk Cross Sections Sheets (scale 1”=2’ or 5’ by 1”=10’, 20’, 40’, 50’) R. Traffic Control Data Sheet S. Utility Adjustment Sheets (if necessary) 8.3.3 Design Documentation Report: Technical criteria, strategic decisions, project influences and processes employed in the execution of project design and plans preparation are to be memorialized in a bound document submitted to the COUNTY and FDOT. The purpose is to provide a chronicle of the strategies, decision and events that lead to the preparation of the final construction documents. At a minimum, the CONSULTANT is to provide the following documentation: 8.3.3.1 Intersections, Project Termini Design & Driveways The CONSULTANT is to provide all necessary design and special detailing required to adequately detail improvements to intersections, terminus points and driveways within the project area. 8.3.3.2 Signing and Pavement Marking Plans The CONSULTANT is responsible for the preparation and design of a complete set of signing and pavement marking plans in compliance with the latest (non-metric) FDOT Standards, the M.U.T.C.D., and the “Sign/Marking Standards for Older Road Users Program Compliance” for the project. These plans will be included as a component part of the contract plans set and shall include all necessary side street signing and striping necessary for the safe and effective operation of vehicles and pedestrians on or crossing the roadway. Phase submittals for engineering review will be in accordance with the requirements for construction plans and submitted at 60%, 90% and 100% completion stages. RPS 19-7599, Page 7 of 96 8.3.3.3 Traffic Signal Plans The CONSULTANT is responsible for the preparation of design plans for any necessary modifications to existing signals within the project corridor. The design will be in accordance with the latest (non-metric) FDOT Standards and Specifications. All equipment specified in plans will be fully compatible with Collier County’s Signal System. The design will be signed and sealed by a Professional Engineer in the State of Florida. Phase submittal for engineering review will be in accordance with the requirements for construction plans and submitted at 60%, 90%, and 100% completion stages. 8.3.3.4 Standard Specifications, ADA Compliance and Special Provisions The CONSULTANT shall use the current edition of the FDOT “Standard Specifications for Road and Bridge Construction”, and Supplements thereto, and all technical memorandum and addenda henceforth for the standard specification on roadway and bridge construction. The CONSULTANT is responsible to ensure that all plans and design specifications meet or exceed the minimum standards necessary to comply with the Americans with Disabilities Act (ADA) as amended. The CONSULTANT is responsible to provide all Special Provisions necessary for the successful construction of the project. These Special Provisions are to be prepared in the same and complimentary format at the referenced standard specifications. The COUNTY and FDOT reserves the right to reject any special provision specification deemed inadequate for the project. 8.3.3.5 Engineer’s Estimate of Probable Construction Costs and Quantity Computation The CONSULTANT will prepare preliminary estimates of probable construction costs with unit prices based on current FDOT estimates and pay items. These estimates will be provided at the 60%, 90% and 100% phase submittals of the final construction plans. A “final” estimate will be provided when professionally endorsed plans are delivered to the COUNTY and FDOT. The CONSULTANT will prepare a Summary of Pay Items plan sheet to be incorporated as part of the final construction plans. Quantities are to be documented in the plan set using summary boxes and/or tabulation quantity sheets. Each pay item must be documented on either a plan summary box or tabulation sheet. In general, Roadway and Structures items are included on the plan summary boxes. Signing, Pavement Marking, Lighting, Signalization, Landscaping, and Utility component plans will use tabulation sheets. Whether provided by plan summary box or tabulation sheets, the quantity of each item, by location, is needed. 8.3.3.6 Maintenance of Traffic The CONSULTANT is responsible for providing a construction design conducive to safe maintenance of traffic for vehicles and pedestrians. The CONSULTANT will prepare a Traffic Control Data Sheet (T.C.D.S.) for inclusion as part of the roadway plans. The intent of the T.C.D.S., as prepared by the CONSULTANT, is to provide adequate minimum requirements and direction to the construction contractor regarding specific project and construction plan conditions, and to enable the contractor to prepare a detailed maintenance of traffic plan for approval by FDOT prior to construction beginning. 9.0 Environmental & Regulatory Permitting The CONSULTANT is required to submit complete permit applications, respond to Requests for Additional Information (RAI) and provide all necessary follow up information for all permits necessary to successfully design and construct the project. RPS 19-7599, Page 8 of 96 9.1 South Florida Water Management District (District) Environmental permitting, or exemption thereof, through the District is a requirement of this project. The CONSULTANT is to actively involve the COUNTY’s Project Manager in all permitting activities involving the District including pre-application conferences, RAI meetings, field meetings, Board of Governor meetings, etc. The CONSULTANT is responsible for early identification of all potential permitting issues. The CONSULTANT is to coordinate with the District and any other regulatory agencies having jurisdiction to assure that design efforts are properly directed toward permit requirements. The CONSULTANT will prepare a complete permit package necessary to construct the project, including site and system design information required by and acceptable to the District and all other regulatory agencies. The CONSULTANT will professionally endorse the permit package(s) for District permitting and any regulatory agency exercising jurisdiction with FDOT as applicant. The CONSULTANT is responsible for permit package submittal, agency coordination and for all the information necessary to secure permits from these regulatory agencies. 9.2 Florida Department of Environmental Protection (FDEP) At this juncture, we do not anticipate any site conditions that would initiate jurisdictional authority by the Florida Department of Environmental Protection (FDEP). However, if FDEP jurisdiction is exercised, the CONSULTANT is responsible to address their issues and pursue appropriate resolutions. Compensations for professional fees for this work will be negotiated as supplemental services to the existing design services Agreement using man-hour unit prices from the current Agreement. 10.0 Utility Coordination and Relocation Coordination of existing and proposed utilities is of critical importance to the cost and overall success of the project. The CONSULTANT is to contact all utility companies and local governments having facilities within the project area and obtain necessary information on their existing and proposed facilities. The CONSULTANT is to coordinate design activities with the respective utility companies/local governments and COUNTY Project Manager. The CONSULTANT is responsible to accurately reflect the information provided by these utilities. When necessary for the accuracy of the design, the CONSULTANT will obtain actual field horizontal and vertical locations, coordinating this effort through respective utility companies/local governments. The CONSULTANT will field verify vertical and horizontal conflicts. The field verification of vertical and horizontal positions will be at intervals not to exceed 200’, including all valves, changes in direction and structures. Accuracy shall be with 0.2 of a foot horizontally and vertically. The mapping work described in this section does not include normal design survey utility work specified in the Design Survey and the Utilities sections. The CONSULTANT will evaluate relocations, abandonments, adjustments, or facilities to remain in place for impact to design elements of the project. 10.1 Early Coordination The CONSULTANT will submit two (2) sets of plans to each entity for verification of respective utility locations after the initial field survey is plotted and field reviewed. One set should be marked up and returned to the CONSULTANT. 10.2 Coordination at 60% Plans The CONSULTANT will prepare 60% plans showing existing utilities. Following COUNTY and FDOT review and plan adjustment, the CONSULTANT will submit two (2) sets of plans to these groups for review and markup. One set should be marked up and returned to the CONSULTANT. Upon return of theses markups, the CONSULTANT is responsible to prepare and complete Utilities Adjustment Plan for the project as part of the roadway design process. This work includes coordination with public and private utility companies for the location and design of their pre-construction (existing) and post-construction (relocated) utilities. RPS 19-7599, Page 9 of 96 10.3 Coordination at 100% Plans At the time of the 100% submittal, the CONSULTANT will contact these groups again and send two (2) sets of the 100% plans for review and approval. Additional submissions and coordination are at the discretion of the CONSULTANT. The CONSULTANT may request that the utility companies provide and electronic copy of any corrections. 11.0 Local Government, FDOT, Other Agencies Coordination Coordination with local governments, public agencies, e.g., Collier Area Transit (CAT), and others is of critical importance to the overall success of the project. Accordingly, the CONSULTANT is responsible to coordinate all design activities with these groups to ensure adequate opportunity on their behalf to address design and construction issues. The CONSULTANT is responsible to contact each local government, FDOT, and other known agencies having an interest in this project. The CONSULTANT is to coordinate their interest with the design of the project, as necessary, to work towards solutions acceptable to the COUNTY and these groups. Contact with these groups is to occur at the kick-off, 60%, 90% and 100% stages of design completion, and with a set of “final” plans delivered to these groups after the CONSULTANT has professionally endorsed the final plans. One (1) plan set is to be delivered to each group for review and comment at each submission stage. 12.0 Deliverables/Phase Submission Documents The CONSULTANT will submit Design Plans and support documents to the COUNTY and FDOT for review and approval at specific junctures. Each plan set submitted will have the percentage complete for that submittal clearly indicated on the first sheet of each set of plans. 12.1 60% Design Documents Submission (2 week COUNTY review / 4-5 week FDOT review) A. Five (5) sets of prints (Construction Plans) for COUNTY and FDOT (FDOT Plan submittal may be electronically submitted) B. Preliminary estimate of probable construction cost C. Preliminary Drainage Computations D. 60% signed checklist E. A detailed utility conflict letter based upon the preliminary drainage design F. One (1) CD containing PDF files of deliverables 12.2 90% Design Documents Submission (2 week COUNTY review / 3-4 week FDOT review) A. Five (5) sets of prints (Construction Plans) for COUNTY and FDOT (FDOT Plan submittal may be electronically submitted). B. Preliminary estimate of probable construction cost C. Specifications package D. Drainage Computations E. 90% signed checklist F. One (1) CD containing PDF files of deliverables 12.3 100% Design Documents Submission (2 week COUNTY review /3-4 week FDOT review) A. Five (5) sets of prints (Construction Plans) for COUNTY and fifteen (15) for FDOT (FDOT Plan submittal may be electronically submitted) B. One (1) CD containing PDF files for entire 100% plan set for bidding purpose C. Final Right-of-Way maps D. Final Drainage Computations E. One (1) engineer’s cost estimate RPS 19-7599, Page 10 of 96 F. One (1) set of bid forms (Provide forms electronically as well) G. One (1) Design Documentation Reports H. Contract Documents and Specifications I. 100% signed checklist J. One (1) CD containing PDF files of deliverables 12.4 Final Deliverables (after COUNTY and FDOT have approved 100% plans) A. Two (2) sets of bound, signed and sealed Construction Plans for COUNTY and two (2) for FDOT B. One (1) set of unbound signed and sealed Construction Plans C. One (1) set of un-bound signed and sealed Construction Plans D. One (1) CD containing PDF files of deliverables with an electronically signed and sealed PS&E package 12.5 General Phase Submission Comments All plan submittals will be printed on 11” x 17” plan sheets. When aerial photography is used as a base, the plans will be halftone, clear, Photo-Mechanical Transfers (PMT’s) or equivalent quality. As a minimum, phase submittals to the COUNTY and FDOT will be in accordance with the current FDOT Plans Preparation Manual (non-metric) information content requirements including a written response to previous COUNTY and FDOT review comments. Phase submittal of construction plans shall not be considered complete if applicable individual component parts, such as signals, signing and pavement markings, utility adjustments, etc., are not included with the submittal. If the COUNTY determines that the phase submittal is incomplete, the CONSULTANT is to pick-up the submittal, make it complete and resubmit. The COUNTY and FDOT may require additional data if determined by individual project requirements. Phase submittals of Construction Plans or Drainage computations will not be considered representative of the percent complete indicated until they have been reviewed and accepted by the COUNTY and FDOT. 13.0 POST-DESIGN SERVICES The CONSULTANT shall provide post-design construction assistance services which may include, but are not limited to, Plans Updates, Engineering Assistance, Expert Witness Testimony, Review of Shop Drawings and Meeting Attendance. These services are intended to deal with changed conditions or services not covered by other contract provisions, and are not intended for CONSULTANT errors and/or omissions. 13.1 Plans Update The CONSULTANT shall be the custodian of the project CADD files and shall be responsible for their upkeep during the construction period. At the conclusion of the construction, the CONSULTANT, if requested by the COUNTY, shall revise the CADD files to reflect as-built conditions based on marked up prints, drawings, and other data furnished to the CONSULTANT. At the conclusion of construction or at the COUNTY's request, the CONSULTANT shall return all CADD files to the COUNTY for its use and file. RPS 19-7599, Page 11 of 96 13.2 Engineering Assistance The CONSULTANT shall provide to the COUNTY qualified representation during the construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared in the work. Should changed conditions be encountered in the field and when requested by the COUNTY, the CONSULTANT shall respond in a timely manner with suitable engineering solutions that take into account the changed conditions. On-site appearance of the CONSULTANT shall be made during construction at the written request of the COUNTY or its designated representative. From time to time during construction, the CONSULTANT may be requested by the COUNTY or its designated representative to review contractor proposed field changes or to respond with a recommended solution to remedy particular field situations not covered by the plans and specifications. 13.3 Expert Witness Testimony The CONSULTANT shall serve as an expert witness in legal proceedings such as construction claims, if required by the COUNTY. 13.4 Review of Shop Drawings The CONSULTANT shall be responsible for the review of construction shop drawings. Shop drawing reviews shall be performed in accordance with the Shop Drawing Submittal Procedures, Chapter 267, Florida Department of Transportation FDOT Design Manual. 13.5 Meeting Attendance At the COUNTY’s request, the CONSULTANT shall attend any pre-construction conferences, mandatory pre-bid meetings, design-to-construction hand-off meetings or other similar meetings. 14.0 QUALITY ASSURANCE (QA) PROGRAM: 14.1 Quality Assurance Plan: Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the County’s Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the CONSULTANT’s organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the County approves the CONSULTANT QA Plan. Significant changes to the work requirements may require the CONSULTANT to revise the QA Plan. It shall be the responsibility of the CONSULTANT to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the CONSULTANT QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. RPS 19-7599, Page 12 of 96 D. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality. E. Quality Assurance Certification: An officer of the CONSULTANT firm shall certify that the design and documentation was done in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures. 14.2 Quality Records: Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 15.0 AGREEMENT MANAGEMENT: 15.1 General: (1) With each monthly invoice submittal, the CONSULTANT will provide a Status Report for the Agreement. This report will provide an accounting of the additional Agreement calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the Agreement completion date, and an estimate of the CONSULTANT funds expiration date per the Agreement schedule for the prime CONSULTANT and for each subconsultant. The CONSULTANT will provide a printout from the Equal Opportunity Reporting System showing the previous month’s payments made to subconsultants. Invoices not including this required information may be rejected. (2) When the CONSULTANT identifies a condition that will require an amendment to the Agreement, the CONSULTANT will communicate this need to the County’s Project Manager for acceptance. Upon acceptance, prepare and submit an Amendment Request (AR), and all accompanying documentation to the County’s Project Manager for approval and further processing. The AR is to be submitted at such time to allow the County 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by the County. (3) The CONSULTANT is responsible for performing follow-up activities to determine the status of each Amendment Request submitted to the County. 16.0 OTHER SERVICES: Upon written authorization by the County’s Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. Compensation will be separately reimbursed by a Supplement to this Agreement. 17.0 SUSPENSION OF WORK Due to the nature of the projects contemplated by this Agreement, on occasion it may be necessary to temporarily suspend work on the assignment. In the event the COUNTY determines it is necessary to temporarily stop work on a project, the CONSULTANT agrees, upon receipt of written notice from the COUNTY’s Project Manager, to immediately suspend all work until further notice. The length of time associated with a suspended project will dictate the need to adjust the scope of services and associated fees in order to restart the project. 18.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the CONSULTANT’s proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. RPS 19-7599, Page 13 of 96 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 order 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 provide 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 discussion 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 and 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. SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.9 For the development of a shortlist, this evaluation criteria will be utilized by the COUNTY’S Selection Committee to score each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 25 Points 2. Past Performance 25 Points 3. Project Approach, Willingness to Meet Time and Budget Requirements 30Points 4. 5. Current Workload of the Firm 20 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the 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. RPS 19-7599, Page 14 of 96 EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (25 Total Points Available) This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team’s qualifications to successfully complete the project. EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (25 Total Points Available) This criterion measures the professional team’s past experience with projects similar in size, type and complexity as this project. The professional team will be evaluated on past services provided for projects of similar size and scope of this project, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific emphasis on experience addressing the technical, community and project delivery categories. The professional team’s minimization of change orders will be an important consideration. Preference will be given to similar services constructed within the last 5 years in proximity to the proposed project. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B – Form 8. Proposer may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the PSC information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 4: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS (30 Total Points Available) Limited to 7 pages total Written overview of the professional team’s resources available to complete the services requested in the schedule outlined in the scope of services. The Proposer should illustrate to the COUNTY how they propose to approach the project and assemble the resources to meet each phase and each major element of the project. (Limit response to 3 pages) A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time, sequencing of the major elements. (Limit schedule to 1 page, 11” x 17” page size and 40 activities maximum) Written overview of professional team’s concept and approach to managing the overall cost of the project (Limit response to 3 pages). Include in the 3-page response specific information on past project performance that demonstrates the Proposer’s ability to meet owners’ budgets including change order history on similar projects. The professional team’s approach to management and execution of work with respect to location of various key project team members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick-off how they will establish the project location in order to manage day-to-day or on-site information collection and distribution between internal and external team members, and County staff, as well as other entities involved in the project. EVALUATION CRITERIA NO. 6: CURRENT WORKLOAD OF THE FIRM (20 Total Points Available) This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. INSTRUCTIONS TO PROPOSERS 2. QUESTIONS 2.1 Direct questions related to this 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 answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. RPS 19-7599, Page 15 of 96 3. PRE-PROPOSAL CONFERENCE 3.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RPS. Only written responses to written questions will be considered official, and will be included as part of the RPS as an addendum. 3.2 All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 4. COMPLIANCE WITH THE RPS Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in disqualification. 5. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RPS from the Procurement Services Division. 6. 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 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 Committee 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. RPS 19-7599, Page 16 of 96 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 material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 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, interview, 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 requesting 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. 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 or 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. RPS 19-7599, Page 17 of 96 13.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 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 below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant’s sole responsibility. 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 Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 13.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 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. RPS 19-7599, Page 18 of 96 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 / Consultant the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 17.5 Vendor / Consultant 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 limited to employees and agents of Vendor / Consultant 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. 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 CONSULTANT 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 Records of costs shall be maintained for a minimum of five years after final payment is made per the LAP Agreement FDOT Form 525-010-40. 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 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 RPS 19-7599, Page 19 of 96 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 agreement. 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 right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any department and/or Consultant. RPS 19-7599, Page 20 of 96 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 submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. 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 the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 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 19-7599, Page 21 of 96 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 accordance 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 instructions 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 business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 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 Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 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. RPS 19-7599, Page 22 of 96 34. CONFLICT OF INTEREST Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 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 other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RPS, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 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 requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RPS) and construction services. 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 Services 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 at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 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 19-7599, Page 23 of 96 37. PURCHASE ORDER TERMS AND CONDITIONS 37.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 37.2 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 VENDOR. 37.3 Inspection 37.3.1 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. 37.3.2 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. 37.4 Shipping and Invoices 37.4.1 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 delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 37.4.2 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. 37.4.3 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. 37.4.4 d) All invoices must contain the Purchase Order number and any other specific 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. 37.5 Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. 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 with all specifications. RPS 19-7599, Page 24 of 96 37.6 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. 37.7 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. 37.8 Statutory Conformity 37.8.1 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. 37.9 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. 37.10 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 limited 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. 37.11 Warranty of Non Infringement 37.11.1 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. 37.11.2 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). 37.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to 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). 37.12 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. RPS 19-7599, Page 25 of 96 37.13 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. 37.14 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. 37.15 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. 37.16 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. 37.17 Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 37.18 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. 37.19 General 37.19.1 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 37.19.2 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. 37.19.3 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. 37.19.4 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. RPS 19-7599, Page 26 of 96 37.19.5 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 19-7599, Page 27 of 96 38. Indemnity to FDOT 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 19-7599, Page 28 of 96 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 19-7599, Page 29 of 96 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 19-7599, Page 30 of 96 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 19-7599, Page 31 of 96 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 19-7599, Page 32 of 96 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 19-7599, Page 33 of 96 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 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 19-7599, Page 34 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS State of Florida Program Management Revision 12/17 (Exhibit) I – 1 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 19-7599, Page 35 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS State of Florida Program Management Revision 12/17 (Exhibit) I – 2 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 19-7599, Page 36 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS State of Florida Program Management Revision 12/17 (Exhibit) I – 3 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 19-7599, Page 37 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS State of Florida Program Management Revision 12/17 (Exhibit) I – 4 programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. N.1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex 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 19-7599, Page 38 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS State of Florida Program Management Revision 12/17 (Exhibit) I – 5 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 19-7599, Page 39 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS State of Florida Program Management Revision 12/17 (Exhibit) I – 6 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 19-7599, Page 40 of 96 EXHIBIT I FEDERAL CONTRACT PROVISIONS State of Florida Program Management Revision 12/17 (Exhibit) I – 7 (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 19-7599, Page 41 of 96 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE Exhibit II Page Form 2, 3 Form 275-030-11 DBE Bid Package Information 4, 5 Collier County Anticipated DBE Participation Statement, Part I and II 6 Form 375-030-30 Truth in Negotiation Certification 7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions for Federal Aid Contracts 8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 9 Form 375-030-34 Certification for Disclosure of Lobbying Activities 10-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification RPS 19-7599, Page 42 of 96 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 19-7599, Page 43 of 96 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 19-7599, Page 44 of 96 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 19-7599, Page 45 of 96 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 19-7599, Page 46 of 96 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 19-7599, Page 47 of 96 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 19-7599, Page 48 of 96 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 19-7599, Page 49 of 96 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 19-7599, Page 50 of 96 375-030-34 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 19-7599, Page 51 of 96 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 19-7599, Page 52 of 96 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 19-7599, Page 53 of 96 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 19-7599, Page 54 of 96 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 19-7599, Page 55 of 96 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 19-7599, Page 56 of 96 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 19-7599, Page 57 of 96 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 19-7599, Page 58 of 96 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 19-7599, Page 59 of 96 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 19-7599, Page 60 of 96 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 19-7599, Page 61 of 96 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 19-7599, Page 62 of 96 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 19-7599, Page 63 of 96 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 19-7599, Page 64 of 96 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 19-7599, Page 65 of 96 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 19-7599, Page 66 of 96 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 19-7599, Page 67 of 96 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 19-7599, Page 68 of 96 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 19-7599, Page 69 of 96 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 19-7599, Page 70 of 96 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 19-7599, Page 71 of 96 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 19-7599, Page 72 of 96 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 19-7599, Page 73 of 96 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 19-7599, Page 74 of 96 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 19-7599, Page 75 of 96 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 19-7599, Page 76 of 96 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 19-7599, Page 77 of 96 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 19-7599, Page 78 of 96 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 19-7599, Page 79 of 96 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 19-7599, Page 80 of 96 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 19-7599, Page 81 of 96 Page 18 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE A SCOPE OF SERVICES following this page (pages ____ through ___) RPS 19-7599, Page 82 of 96 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 19-7599, Page 83 of 96 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 19-7599, Page 84 of 96 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 19-7599, Page 85 of 96 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 19-7599, Page 86 of 96 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 19-7599, Page 87 of 96 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 19-7599, Page 88 of 96 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 19-7599, Page 89 of 96 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 19-7599, Page 90 of 96 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 19-7599, Page 91 of 96 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 19-7599, Page 92 of 96 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 19-7599, Page 93 of 96 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 19-7599, Page 94 of 96 Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time RPS 19-7599, Page 95 of 96 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 19-7599, Page 96 of 96 CAPITAL CONSULTING SOLUTIONS IS A CERTIFIED DISADVANTAGED BUSINESS ENTERPRISE (DBE) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND A MINORITY BUSINESS ENTERPRISE (MBE) WITH THE STATE OF FLORIDA PLANNING ENGINEERING CONSTRUCTION ENGINEERING AND DESIGN SERVICES FOR LAP FUNDED PROJECTS RPS NO.: 19-7599 November 11th 2019 GEOFF THOMAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-6098 GEOFF.THOMAS@COLLIERCOUNTYFL.GOV (EMAIL) 441846-1 111th Avenue North Bike Lanes441846-1 111th Avenue North Bike Lanes443375-1 & 443375-2 Lake Trafford Sidewalk and Bike Lanes441480-1 Eden Park Elementary Sidewalk441480-1 Eden Park Elementary Sidewalk CAPITAL CONSULTING SOLUTIONS - DBE/MBE/SBE 5633 STRAND BLVD, SUITE 312 NAPLES, FLORIDA 34110 PH: 239.273.8894 EM: ADAM.AHMAD@CAPITALENGR.COM WS: CAPITALCONSULTINGSOLUTIONS.COM 11/22/2019 Geoff Thomas, Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Bldg C-2 Naples, Florida 34112 Telephone: (239) 252-6098 Geoff.Thomas@Colliercountyfl.Gov (Email) RE: Engineering and Design Services for LAP Funded RPS.: 19-7599 Capital Consulting Solutions is pleased to submit our proposal to Collier County for consideration of award to provide Engineering and Design Services for LAP Funded Projects Company and Professional Background: Capital Consulting Solutions (CCS) is a DBE/MBE/SBE firm with offices located in Naples and Tampa Florida. As a multi-disciplinary design and construction firm, we bring the construction management, project management, design, permitting, public involvement and technical capabilities required to meet your overall project requirements, budget and schedule. We understand that your completion scheduled specified in the Collier County’s current LAP agreements are critical and it’s very likely that multiple project will need to be designed concurrently. To that end, we have asked Johnson Engineering Group Inc and Jacobs Engineering Group Inc. to join our team and provide additional design support. This will help ensure that each project has the appropriate allocation of staffing and resources. The members of this team have worked closely for over 10 years. Capital has local experience in project management, planning, engineering, construction, public involvement, and project administration. Capital offers a highly motivated team of professionals who are solution driven and are committed to making Collier County projects their highest priority. The team has considerable local experience in turn lane and sidewalk design, drainage and permitting, Americans with Disabilities Act (ADA) compliance, environmental permitting, traffic signal modifications, SUE, surveying, mapping, utility conflict resolution, and the development of utility work schedules. We understand that to ensure the successful outcome of these projects, you have to have a multi-disciplined and comprehensive approach to address challenges as they arise. This is a key element that we feel differentiates our team and adds value to your projects. Contract Point of Contact and Office Location: Mr. Adam Ahmad, PE, AICP, CGC will be our primary point of contact. He can be reached at (239) 273-8894 and/or adam.ahmad@capitalengr.com. Our main office, located at 9010 Strada Stell Court, Naples Florida, 34109, will be utilized for coordinating and delivering services under this contract. Our approach for services provided under this contract is focused on the following objectives: • Value – Capital provides highly qualified and well-trained staff who understands project requirements, local conditions and stakeholder concerns. Capital Project Manager, Adam Ahmad is currently providing Construction, Design and Planning Services for the Collier County Facilities, Utilities, Maintenance, MPO, Planning and Transportation Departments. • Quality – The team maintains formal QA/QC procedures to ensure a quality product every time! • Responsiveness – Our firms local Naples office and staffs’ proximity to Collier County offices will ensure that projects will be well coordinated, stakeholders will be kept informed and projects will adhere to schedule and budget constraints. Capital’s History with Collier County: Our firm has been successfully providing Design and General Contracting Services to Collier County under our existing contracts. To date, our firm has successfully completed construction on numerous projects and are currently providing/completing construction services on over 60 projects. Current Licenses and Certifications: Capital maintains all the required Licenses and Certifications required to perform work under this contract. • General Contractor: Florida CGC 1525246 • Professional Engineer: Florida 72472 • AICP No: 028767 • FDOT Advanced TTC Certification 28347 • General Contractor: South Carolina 109618 • General Contractor: North Carolina 58054 • General Contractor: Tennessee 52456 • DOT/FAA Airman Certificate UAS 3999943 Benefits of “Selecting” Capital Consulting Solutions LLC Team.: • Three Proven Engineering Firms with Valuable Local Experience and Resources • Local office results in highly responsive services. • In-House Construction Management and Engineering staff complete understanding of Construction, Management, Permitting and Close-out requirements. • History of working with Collier County on a variety of Construction and Design Projects. • Formal QA/QC Process which monitors Project Schedule, Budget and Performance. • Excellent working relationship with Collier County Project Managers. • Superb track-record of construction project bidding and performance. Thank you for your confidence and consideration of the Capital Consulting Solutions, LLC Team. We look forward to continuing our excellent working relationship with Collier County on this new contract. Sincerely, Adam Ahmad, PE, AICP, GC Tab I Ability of Professional Personnel Capital Consulting Solutions LLC (CCS) a disadvantaged (DBE), minority owned (MBE) business with strong roots in Collier County. Capital’s Principle Project Manager, Adam Ahmad, is not only a Professional Engineer, a Certified Planner, but also a General Contractor. Adam and his team at CCS have been designing and managing transportation projects similar to those included in this RFP for over a decade in Collier County. CCS goal is to become the local, “go to” consultant for engineering, planning and general contracting services for the community where our founder and employees live. Partnered with well known, County-based firms, Johnson Engineering, Inc. and Jacobs Engineering Group Inc., our team offers the County the accessible and appropriately skilled resources to successfully complete the work in an efficient and timely manner. To provide expertise in geotechnical work, we have included Tierra, Inc., (also a DBE) on our team to perform all necessary tests required to assure quality construction standards are met. This team has worked side-by-side for over 10 years on a broad range of transportation projects in Collier County and has a proven track record of working as one integrated team, resulting in successful project delivery to the County on this LAP Design and Engineering Contract. For this project, it is critical that the chosen consultant team has extensive familiarity with FDOT standards and guidelines. Our team has worked on many projects that required coordination and compliance with FDOT policies, including recent work with FDOT District 1. As shown below, this team meets ALL minimum pre-qualification requirements noted in the Solicitation. Copies of our team’s current FDOT Pre-Qualification letters showing a comprehensive list of our areas of expertise can be found at the end of this section. Team Member Required FDOT Certification 3.1 Minor Highway Design 4.1.1 Miscellaneous Structures 7.1 Signing, Pavement Marking and Channelization 7.2 Lighting 7.3 Signalization 8.1 Control Surveying 8.2 Design, Right of Way, and Construction Surveying 8.4 Right of Way Mapping 9.1 Soil Exploration 9.2 Geotechnical Classification Lab Testing Capital Consulting Solutions LLC   Johnson Engineering Inc.        Jacobs Engineering Group Inc        Tierra Inc.   Team Organization Our Organization Chart on the next page shows how our team is assembled to best meet the County’s project delivery goals. Our team has been organized to assign team members with LAP experience and hands-on knowledge of FDOT procedures for each of the three projects noted in the RFP. CCS will manage the 441846-1 111th Avenue North Bike Lanes project; Jacobs will manage the design of the 443375-1 & 443375-2, Lake Trafford Sidewalk and Bikelanes project and Johnson will be responsible for the 441480-1 Eden Park Elementary Sidewalk project. Assigning a separate design team to each project will allow us to mobilize quickly and complete these projects concurrently. Each of the engineering design team members have completed numerous LAP funded projects for local municipalities and are cognizant of the stringent contract compliance criteria and the need for open communication with stakeholders, including the public, County Transportation Engineering staff and the County and FDOT’s LAP representatives. Our team is very familiar with FDOT’s Electronic Review Comments (ERC) System and will utilize this system to efficiently communicate with reviewers. Our LAP teams are also experienced in utility coordination and the permitting requirements of the County, South Florida Water Management District and other regulatory agencies related to drainage, stormwater management and environmental issues. Team Leaders Adam Ahmad, PE, AICP, GC will be the primary point of contact for the County and overall Project Manager for this LAP Design and Engineering project. Adam is well known to the County, having focused his career on providing services to the County and Southwest Florida clients. A licensed FL PE, AICP and GC, he brings to this contract comprehensive experience in all phases of planning, design and production for civil/sitework projects. Prior to founding CCS in 2017, Adam worked for over 10 years with Bill Gramer at Jacobs where he also established a close working relationships with Josh Hildebrand at Johnson Engineering. During this time, he was substantially involved in a broad range of projects on numerous roadways in the County. The long history of collaborating on projects with his subconsultant team members will promote cohesion and enhance communication, resulting in a timely and cost effective project completion. Ryan Bell PE, PTOE – QA/QC Team. Ryan has 20 years of experience and serves as Johnson Engineering’ director of transportation. He was born and raised in Southwest Florida giving him a keen understanding and inherent appreciation for local transportation issues. Ryan has worked on various projects throughout Southwest Florida and is familiar with the design and permitting procedures of the local municipalities as well as the Florida Department of Transportation (FDOT). His primary experience includes planning, traffic, design, permitting and construction engineering and inspection (CEI) of transportation improvement projects. His broad range of experience provides him a firm understanding of the overall process involved with transportation improvement projects from inception to final completion. Bill Gramer, PE, AICP – QA/QC Team. Bill has more than 30 years of experience in managing and coordinating transportation planning and design efforts and brings to this project in-depth insight into County conditions, local clients and consultants and regulatory agencies. He is well known to the County as he has been 100% dedicated to Collier County for nearly 20 years, including having managed 15 General Services contracts. Throughout his career, Bill has managed design and provided construction support for nearly every major roadway in Collier County. He is supported locally by our 17-person Naples office, which houses many employees known to County staff, local consultants and stakeholders. Jennifer Chrovian - LAP Contract Compliance. Jennifer is an Administrative Assistant and and Resident Compliance Specialist at Johnson. She has provided Project LAP/ EEO Coordination and Oversight on multiple projects for Lee County, City of Fort Myers and Hendry County. Services include recordkeeping and reporting of contractor EEO compliance, DBE/Affirmative Action (AA) Plan compliance, wage and payroll compliance (including interviews and verification of payrolls), monthly documentation review, preparation of pre-construction documentation as well as closeout preparation including the FDOT audit. She provided monitoring services for LAP compliance on a County sidewalk project in Golden Gate City. Josh Hildebrand, PE, PTOE – Design Team Lead. Josh is a project manager/engineer focused on corridor design and post design construction assistance. He has a keen understanding of what must be done to successfully plan for and design capital projects to best serve both the client and the public’s needs. Josh has worked on various projects throughout Southwest Florida including multiple roadway and pathway projects in Collier, Lee, Hendry, and Charlotte Counties. He is currently serving as the project manager and engineer of record for FDOT FTA 5330 FY 14, 15, and 16 Rural Bus Stop Improvements for Collier County. Javier Ortiz-Velez, PE – Design Team Lead. Javier has 22 years of experience in the preparation of contract documents during the preliminary design and final phases of transportation projects. His work experience includes design and quality review for numerous RRR projects for FDOT. Since joining Jacobs’ Naples office last year, his work on been focused on Collier County projects including involvement in the Vanderbilt Beach Road Extension Project, Palm River Bridge Replacement Project, Transportation Planning Project for Cypress Parkway and Developer Responsibility Evaluations. Support Team Ron Leder, PE has over 30 years of experience in roadway design, transportation/traffic planning, civil engineering and construction administration, drainage design, major highway design, permitting and value engineering on projects. He has served as the engineer of record, resident engineer, senior project manager, project engineer, production manager and engineering manager on projects. Fritznell Saint Louis is proficient in the use of engineering software including AutoCAD, HEC-HMS, HEC-RAS as well as Microsoft Office Applications and SketchUp. His relevant experience includes serving as a Junior Inspector for the Collier County Facilities Management Division. In this role, he provided detailed documentation for over forty engineering projects, including a seven million-dollar FEMA project. June Lehmann has over 30 years of experience in administrative positions. She is skilled in the development, writing and editing spreadsheets, manuals, reports, contract documents and business correspondence. June provides permit coordination from project inception to construction completion. Leah Holmes, PE is an engineer in our transportation department and a Qualified Stormwater Management Inspector. She brings experience performing roadway and pedestrian facility design, signal design and timings, as well as permitting, traffic analysis and construction cost estimations. Leah provides various roadway design functions, traffic analyses and associated permitting throughout Southwest Florida. John Glenn, PE is a FL licensed PE whose primary focus is on roadway design, traffic impact analysis, quantity takeoffs and cost estimations, John understands what must be done to successfully plan for and design roadway projects to serve both clients and public needs. Michele Newberry has 9 years of experience as a CAD Technician II and has worked on various projects throughout Southwest Florida. She is familiar with FDOT Plan Preparation Assembly and the FDOT Design Criteria and Processes necessary to complete projects. Michele has several years of experience and familiar with multiple CAD platforms and software, including AutoCad and Microstation/Geopak, to make production of our plans as efficient as possible, utilizing; FDOT Roadway Design Standardizations, FDOT CAD Standards, AASHTO Standards, FDOT Greenbook Standards, and the MUTCD Design Standards. Nick DeCiccio has 3 years of relevant, on-site experience in roadway, transit, pedestrian bridges and bridge replacement projects in Collier County. Nick has an excellent working relationship with Collier County’s Growth Management Department and Public Works Department as well as with Seminole Tribe of Florida and other Southwest Florida stakeholders. Nick has provided on-site support for the Golden Gate Collector Sidewalk LAP project and Sunshine Blvd Sidewalks and Pedestrian Bridge Relocation LAP Project, as well as work on the Palm River Bridge Project and Vanderbilt Beach Road Extension Project. Felicia Kirby, EI has 6 years of a broad range of engineering and project management experience focused on Collier County infrastructure. She has provided support for numerous design projects that included construction phase services, both at Jacobs and while working for the County’s Facilities Management Division. Kevin Heldorfer has 16 years of engineering and on-site construction experience in a wide range of disciplines, focused on Collier County projects. Kevin has served in various roles on Collier County projects, including Project Designer, Utility Designer, Cost Estimator, Roadway Geometric Designer, and Roadway Alternatives Designer among others. He has been actively involved in managing construction phase services on all transportation projects Jacobs has managed for the County. Barry Syren, PSM has over 40 years of surveying experience and has managed the firm’s Naples surveying group for the last 28 years. He has provided field information for roadway alignment and topographic surveys, subdivision and condominium record plats and mean- high water determinations for public and private clients. He has performed and managed construction staking, boundary surveys, topographic surveys, design surveys. He has provided staking for Florida Power and Light distribution and transmission lines and has prepared sovereign submerged lands leases and easements. Laura Herrero is now a principal ecologist and serves as director of the firm’s environmental consulting team, whose ecologists have more than 100 years of combined experience. Her duties include SFWMD and ACOE wetland jurisdictional determinations, protected species surveys, habitat and species management plans, coordination and permitting with the FWC and FWS, FWS Biological Assessments and Biological Opinions, wetland/listed species mitigation proposals and mitigation monitoring, Environmental Resource Permit and Federal Dredge and Fill applications, as well as follow-through to permit issuance and post-permit compliance. She is also a FWC Authorized Gopher Tortoise Agent and FAA Qualified Wildlife Biologist. Resumes Adam Ahmad, PE, AICP, CGC Representative Project Experience Design Manager, Josie Billie Highway Segment 2, Seminole Tribe of Florida, Big Cypress Reservation, Florida This project consists of widening 9.6 miles of Josie Billie Highway from 10 feet per lane to 12 feet per lane. The construction also includes paved shoulders and guardrails at the canal side of the road. Performed design reviews at the 30, 60, 90 and 100% levels of completion. Monitored permit applications for the purpose of compliance with design intent. Project Manager, Corkscrew Widening BHG Pkwy to Alico Road, Lee County, Florida Preparation of the Integrated Corridor Master Plan (ICM) to provide analysis on Access Management, Traffic, Alternative Intersections, Connected and Autonomous Vehicles (CAV) Technology, Complete Streets and Planning Consistency. Reviewed Local Government Transportation Improvement Plan (TIP), State Transportation Improvement Program (STIP), Urban Area Transportation Study, Local Transit Development Plan and Non- Motorized Plans. Design Manager, Billie Road, Seminole Tribe of Florida, Big Cypress Reservation, Florida. New construction of 0.77 miles of new, paved 2 lane road extension. Each of the lanes will be 12 feet wide, with 6 feet wide sodded shoulders. Performed design reviews at the 30, 60, 90 and 100% levels of completion. Monitored permit applications for the purpose of compliance with design intent. Project Manager, 2018 Immokalee Complete Streets TIGER Grant, Immokalee, Florida. 20 Miles of concrete sidewalks,1 miles of shared-uses paths, 20 miles of upgrades drainage/ditch and swales/ 32 intersection enhancing treatments at priority intersections, enhanced bus stop amenities/shelters including 22 bus shelters, 35 benches, and 25 bike racks construction of a Bus Transfer Station at the Collier County Health Department in Immokalee. Comprehensive lighting improvements including five miles of street lights and 106 lit intersections A five-mile neighborhood bike boulevard network with traffic calming and wayfinding intersections. Responsibilities include developing the TIGER Grant package and the preliminary design/cost package for the project. The grant was awarded $ 13 Million through Federal TIGER Funding Engineer, Lee County Complete Streets Initiative, Lee County Metropolitan Organization, Lee County, FL 2012. Responsible for the preparation of the Design Build Criteria package for Lee County Complete Streets Initiative for the Tiger V grant award of $10,500,000. Field Inspected nine projects, preliminary project plans, prepared cost estimates. Project Manager, Stockade Road; Immokalee, Florida. Construction of drainage and sidewalk improvements to Stockade Road. He conducted bi- weekly progress meeting, and other meetings as required to facilitate project. Coordination/management of CEI firm, process RFI's, RFQ's, Field Orders, Work Change Directives, change management, conduct progress meetings Prequalification 3.1, 6.1, 6.2, 6.3.1 , 7.1, 7.2, 7.3,10.1 13.4, 13.5, 13.6 CA License: 32121 DBE Cert NAICS: 541330, 54340, 541990, 431690, 238990 Relevant Experience » 13 years of comprehensive experience encompassing all phases of planning and design and production for civil/site work projects » Experience in in a variety of planning, engineering, technical, analytical, statistical, graphical, public involvement and project review activities » Extensive grant experience includes preparing over thirty (30) grant applications and managing, more than $100 million in potential grant funding in Florida » Proficient in the use of state-of-the-art engineering software including Microstation and GEOPAK, ICPR, Adobe Illustrator and Photoshop, MathCAD, Sketchup, Leica HDS Cyclone and ESRI ArcGIS. » Public Involvement, master planning, permitting, environmental, construction Education B.S., Civil Engineering, University of Kansas Professional Registration Professional Engineer: Florida 72472 AICP No: 028767 General Contractor: Florida CGC 1525246 General Contractor: North Carolina 58054 General Contractor: South Carolina 109618 General Contractor: Tennessee 52456 DOT/FAA Airman Certificate UAS 3999943 FDOT Advanced TTC Certification 28347 Ronald Leder, PE Representative Project Experience Project Manager 3rd Street SW Streetscape Improvements (LAP) Winter Haven, FL Engineer of Record and Project Manager for this City of Winter Haven LAP project administered by FDOT. This project was a multi-modal streetscape enhancement in harmony with others areas in the central business district of down town. Included sidewalks and hardscapes. Project elements included reduction of existing roadways lanes from 4 to 2 and adding beautification features such as hardscape, landscape and LED lighting affecting design of existing signalization, signing/striping and street lighting. This also included retrofitting of existing closed drainage system with modifications of surface features. Contract documents included plans preparation, specifications and estimate in conformance with LAP processes and procedures. Highly involved in the administration element of this projects working closely with LAP staff including the roadway design, drainage design, operations and construction departments. Ave. B NW Streetscape Improvements (LAP) Winter Haven, FL Engineer of Record and Project Manager for this City of Winter Haven LAP project administered by FDOT. This project was a continuation of the city’s ‘down town’ theme of a multi-modal, ‘complete streets’ look and accommodations. Included sidewalks and hardscapes. Project elements included directional bore under US 17, reduction of travel lanes to create additional parking, challenging design to match existing features at right of way line, hardscape and street lighting which included retrofitting of existing closed drainage system with modifications of surface features. Contract documents included plans preparation, specifications and estimate in conformance with LAP processes and procedures. Highly involved in the administration element of this projects working closely with LAP staff including the roadway design, drainage design, operations and construction departments. Crystal Lake Drive Streetscape Improvements (LAP) Lakeland, FL Project engineer and MOT qualifier for this City of Lakeland LAP project off of US 98 approaching down town. This improvement implemented the ‘Complete Streets’ focus of improving safety, encouraging economic development and promoting multi-modal focus for all users of all ages. Included sidewalks and hardscapes. Project elements included constrained right of way, dense residential housing, rolling terrain, utility coordination and traffic control. Contributions to the project involved maintenance of traffic design, constructability review, QA/QC reviewer and post design services. Sebring Parkway Phase 3 with Multi-use Path Highlands County, FL Project Engineer for this Highlands County design-build project with Preferred Materials. This project was a 4.2-mile extension of the Sebring Parkway. The project elements include an 8-foot wide multi-use path/trail along the western right of way for the entire length of the project, a roundabout at the northern terminus of the project with Memorial Drive, one signalized intersection, and two of the four planned travel lanes. All stormwater treatment and attenuation is handled within the existing 130-foot right of way. Highly involved in the administration element of this projects working closely with County staff on the roadway design, and drainage design. SR 544 Widening and Intersection Improvements (LAP) Haines City, FL Project Engineer for LAP funded project for improvements to SR 544 from Alternate 27 (SR 17) to a point just east of the existing railroad crossing. Project entailed roadway design, safety, ADA, drainage, utility locate coordination, environmental permitting, temporary traffic control, signing and pavement marking, surveying, and permitting determination services. Relevant Experience » Mr. Leder has over 30 years of experience in roadway design, transportation/traffic planning, civil engineering and construction administration, drainage design, major highway design, permitting and value engineering on projects. He has served as the engineer of record, resident engineer, senior project manager, project engineer, production manager and engineering manager on projects. » Proficient in the use of state-of-the-art engineering software including Microstation and GEOPAK » Public Involvement, master planning, permitting, environmental, construction » FDOT Advance MOT, FDOT Specifications, American Society of Civil Engineers, (ASCE), American Society of Highway Engineers (ASHE), Inst. of Transportation Engineers (ITE), Project Management, Environmental Permitting, Procurement Services, Construction Engineering Inspection Education B.S., Civil Engineering, University of South Florida, 2008 BS Professional Registration FL Professional Engineer (#68160) Fort Myers | Naples | LaBelle | Port Charlotte | Land O’Lakes 1.866.367.4400 | www.johnsonengineering.com Equal Opportunity/Affirmative Action Employer Jennifer joined Johnson Engineering in 2003 as an administrative assistant for the transportation department. She is responsible for providing administrative services for both the design and CEI groups. Jennifer is proficient in Word, Excel, Publisher, Project, and PowerPoint. She reviews and formats reports, letters and proposals, prepares contracts, transmittals, meeting minutes, adds engineer’s notes and mark-ups to shop drawings, electronic filing, and more. She was initially part of the team writing the electronic filing manual and has also trained users of the program for the company. She is on the Johnson Engineering’s Administrative Standards Sub-Committee and assisted in preparing an administrative standards manual for the company. Her experience as an administrative assistant began with working for architectural and general construction firms. Experience ¬ American Recovery and Reinvestment Act (ARRA) and Local Agency Program (LAP) EEO Coordination Services - Providing services necessary to administer and coordinate ARRA and LAP contract compliance monitoring for the Lee County Department of Transportation, Hendry County Engineering, City of Fort Myers Engineering Department, and Collier County Growth Management Division. These services include recordkeeping and reporting of contractor Equal Employment Opportunity (EEO) compliance, Disadvantages Business Enterprise (DBE) / Affirmative Action (AA) Plan compliance, wage and payroll compliance (including interviews and verification of payrolls), monthly invoice and associated documentation review, preparation of pre-construction documentation and minutes as well as closeout preparation for EEO compliance and FDOT audits. ¬ Projects administered for Lee County FPID #426746-1-58-01: Buckingham Road Paved Shoulders - Phase I (ARRA - $290,000) FPID #426746-2-58-01: Buckingham Road Paved Shoulders - Phase II (ARRA - $390,000) FPID #426748-1-58-01: Summerlin Road at Sanibel Toll Plaza - Bike Lane / Intersection Improvements (ARRA - $315,000) FPID #426750-1-58-01: Daniels Parkway at Bell Tower Shops - Adding Turn Lanes (ARRA - $500,000) FPID #426752-1-58-01: Sunshine Boulevard at CR 884 (Lee Boulevard) - Adding Turn Lanes (ARRA - $550,000) FPID #428382-1-58-01: Business Way and South Loop Drive - Adding Sidewalks (LAP - $65,000) FPID #429837-1-58-01: Sunniland Boulevard and 25th Street Sidewalks (LAP - $357,000) ¬ Projects administered for Hendry County FPID #416230-1-58-01: SR 80 at Forrey Drive and Collingswood Parkway - Adding Light Poles (LAP - $84,000) ¬ Projects administered for the City of Fort Myers FPID #425554-1-58-01: Tarpon Street Sidewalk - Adding Sidewalk (LAP - $70,000) ¬ Projects administered for Collier County FPID #429900-1-58-01: Golden Gate City Sidewalks along 20th Court SW, 46th Terrace SW & 48th Street SW (LAP - $420,000) FPID #430879-1-58-01: East Naples Sidewalk Improvements (LAP - $270,000) ¬ Colonial Boulevard Widening CEI, Lee County - Tasks included preparation of meeting minutes, electronic filing of project files and correspondence, etc. JENNIFER CHROVIAN LAP CONTRACT COMPLIANCE jlc@johnsoneng.com 239.461.2463 Years Experience 30 years Education/Training A.S. Engineering (1995) Edison Community College FDOT EEO Construction Contract Compliance FDOT LAPIT FDOT Specifications Package Preparation Microsoft Project Microsoft PowerPoint 1.866.367.4400 | www.johnsonengineering.com Equal Opportunity/Affirmative Action Employer Ryan joined Johnson Engineering in 1998 and is the firm’s director of transportation. He has worked on various projects throughout Southwest Florida and is familiar with the design and permitting procedures of the local municipalities as well as the Florida Department of Transportation (FDOT). Ryan’s primary experience includes planning, traffic, design, permitting and construction engineering and inspection (CEI) of transportation improvement projects. He has served as design project manager as well as CEI project engineer. This range of experience provides him a firm understanding of the overall process involved with transportation improvement projects from inception to final completion. Design Experience ¬ Alico Road, Lee County - Ryan served as project manager for this 2 to 4 lane roadway reconstruction project from Ben Hill Griffin Parkway to Airport Haul Rd in Lee County Fl. In addition to roadway improvements the project included associated survey, utilities, landscaping, signalization and signing and marking and all related permitting. ¬ Burnt Store Road Phase 2, Charlotte County - Ryan served as project manager on this 4mile, 2 to 4 lane roadway reconstruction project in Charlotte County. The project includes associated drainage, utilities, lighting, signing and marking and five box culverts. ¬ Gasparilla Road (CR 771), Charlotte County - Ryan served as project manager for 2.7 miles of 2 to 4 lane roadway reconstruction from Rotunda Blvd to SR776 in Charlotte County Fl. In addition to roadway improvements the project included associated survey, utilities, landscaping, signalization, signing and marking, all related permitting and a new bridge over the Butterford Canal. ¬ C.R. 78, Hendry County - Project manager for two miles of resurfacing, shoulder construction and drainage improvement design. ¬ Helms Road, Hendry County - Project manager for design of approximately three miles of new four-lane roadway in Hendry County including all associated drainage, permitting, signalization and signing and marking. This project is currently underway. ¬ Aqui Esta Drive, City of Punta Gorda - Project manager for two miles of two-lane roadway reconstruction including bridge replacement over the Venice Canal. ¬ Piper Road, Charlotte County - Project manager for four miles of new four-lane roadway design. ¬ S.R. 31 Widening, Lee & Charlotte County - Project manager for four miles of two tofour-lane roadway widening including drainage adjacent to Babcock Ranch. ¬ Del Prado Widening, City of Cape Coral - Project manager for two miles of four to six- lane roadway widening including drainage and multiple bridges. ¬ Ben Hill Griffin/Treeline Avenue, Lee County - Design engineer and construction liaison for four miles of new four-lane roadway and associated drainage. ¬ Six Mile Cypress Parkway Widening, Lee County - Project manager for design of three miles of two to four-lane roadway widening and drainage and utility improvements. ¬ S.R. 739 (Metro Parkway), Lee County - Project manager for three miles of new six-lane roadway including a bridge over a railroad. ¬ Collier Parkway, Pasco County - Design engineer for one and a half miles of two to four- lane roadway design. CEI Experience ¬ Gasparilla Rd (CR 771), Charlotte County - Design EOR and CEI Senior PE for this CM at Risk project including 2.5 miles of 2 to 4 lane widening with associated utility relocation, drainage, signalization, street lighting and a new pre-fab deck span bridge over the Butterford Canal. ¬ S.R. 739 (Old 41), Lee County - Senior project engineer for nearly two miles of two to four lane widening. This FDOT construction project in North Fort Myers includes significant drainage, utility relocation and maintenance of traffic coordination. ¬ C.R. 832 (Keri Road), Hendry County - Senior project engineer for CEI on 13 miles of milling, resurfacing, shoulder construction and isolated base reconstruction of this two-lane rural roadway in central Hendry County. This was an ARRA stimulus project administered by FDOT and recently completed. ¬ Colonial Boulevard Widening, Lee County - CEI project engineer for three miles of four to six-lane roadway widening including widening of the bridge over Six Mile Cypress Slough RYAN BELL, P.E., PTOE QA/QC TEAM rbell@johnsoneng.com 239.461.3310 Years Experience 21 years Education/Training B.S. Civil Engineering (1998), University of Florida Intermediate MOT Advanced MOT Asphalt Level I & II QC Manager Licensing & Registration Florida Professional Engineer, License No. 60010 Professional Traffic Operations Engineer (PTOE) Professional Affiliations American Society of Civil Engineers National Society of Professional Engineers Florida Engineering Society 1 Bill Gramer, PE, AICP QA/QC TEAM Bill is experienced in a wide variety of transportation and site/civil projects, including planning, traffic, roadway, drainage, utility, GIS, environmental, transit, minor “local” roadways, major urban arterials, state route and interstate highways. He has served as project manager/project coordinator for 21 different General Service Contracts for Florida Clients. Bill has expertise in project management, roadway design, Design-Build projects and criteria packages, underground utility design/relocations, PD&E studies and community outreach. He has managed more than 40 Public Involvement meetings and 100+ project stakeholder meetings. Relevant Project Experience Tree Farm Road Phase II (Davila St. to Woodcrest Dr.) Design, Collier County, FL. Project Manager. Managed the design for the half-mile segment of Tree Farm Road. This 2-Lane roadway section links four (4) roadways with a new roundabout. The project consists of a new 2-lane new roadway with sidewalks, pathways, bike lanes and a new roundabout. The project included water main and force main design and permitting. The project utilized three (3) adjacent development ponds for stormwater treatment and attenuation. Collier-Immokalee Intersection Improvements Design, Collier County, FL. Project Manager. Responsible for managing the intersection improvements to the Immokalee Road and Collier Boulevard Intersection which will provide additional capacity to the intersection and extend Collier Blvd north approximately one-half mile. Services included: Roadway alternatives analysis, roadway design, drainage design, sidewalks, bike lanes, pathways, canal relocation, pre-fabricated bridge crossing of canal, box culvert extension, signalization, lighting, utility design (36-inch water main, 30-inch water main (42 inch - 540 lf directional drill), 16-inch force main, 24 inch reclaimed water main), coordination with FPL for relocation of transmission and distribution Lines and permitting. Immokalee Road (Collier Boulevard to 43rd Avenue NE) Design, Collier County, FL. Project Manager. Managed this design project that involved the 8.1-mile widening of Immokalee Road from two to six lanes. Services provided for this project included complete roadway design, permitting services, drainage design, wetland mitigation, water and force main design, signal design, roadway lighting, traffic studies, and services during construction. Vanderbilt Beach Road Extension, Collier County, FL. Project Manager. Managed the design of a new 10 mile 6- Lane roadway from Collier Boulevard to Desoto Boulevard. Responsibilities included providing public involvement, roadway design, drainage, permitting, maintenance of traffic, structural design, environmental surveys, traffic, noise, aesthetics, survey, geotechnical, access management, and utility services. ADA Surveys, Collier County, FL. Project Manager. Providing physical surveys of 363 various County structures located on 127 sites (over 2.1 million SF). The surveys include a report of findings regarding ADA compliance and a statement of probable construction cost for remediation of any ADA items found out of compliance. The on-site surveys and reports are provided in electronic format. Lee County Complete Streets Design Build Criteria Packages, Lee County, FL. Project Manager. Responsible for managing the Conceptual Design efforts for the 11 planned projects listed in the Complete Streets Initiative TIGER Grant application. Project included preparation of Conceptual Plans and typical sections which defined project features such as sidewalks, pathways, bike lanes and shoulders, preparation of quantities and project estimates, preparation of a preliminary/conceptual design and construction schedule for evaluation by the Lee County MPO. Old US 41 Redevelopment Complete Streets Concepts, City of Bonita Springs, FL. Project Manager. This project provided conceptual roadway and storm water designs for Old US 41. The intent was to evaluate alternatives for roadway, bike lanes, pathways, sidewalks, access management and storm water improvements. The concepts included roundabout designs. Collier Boulevard (Golden Gate Boulevard to Green Boulevard) Design, Collier County, FL. Project Manager. Managed the widening of 4 miles of the existing four-lane, urban divided roadway. Responsibilities included managing a multi-firm team in providing public involvement, roadway design, drainage, permitting, maintenance of traffic, structural design, environmental surveys, traffic, noise, aesthetics, survey, geotechnical, access management, and utility services. EDUCATION/QUALIFICATIONS BS, Civil Engineering, Polytechnic University, NY REGISTRATIONS/ CERTIFICATIONS Professional Engineer: FL (#59090, 2002) Certified Planner: AICP (#314390) OTHER • Joined Jacobs in 1989 • Total Years of Experience: 30 • Based in Naples, FL (SWF) 1.866.367.4400 | www.johnsonengineering.com Equal Opportunity/Affirmative Action Employer Josh began his professional career in 2007 and is currently serving as a project manager in the transportation services department at Johnson Engineering. He has worked on various projects throughout Southwest Florida and is familiar with roadway design, pathway design, construction, Local Agency Program (LAP) requirements, and the permitting procedures of the local municipalities, including the Florida Department of Transportation (FDOT). Josh has worked on over a 125+ traffic / construction feasibility-related engineering studies, roadway and drainage design projects within public right-of-way. This experience provides him with a unique understanding of the development of corridor and intersection design, drainage, ADA compliance-related challenges, and the permitting requirements on capital improvement projects. Relevant Experience ¬ FPID #435118-1-38-01: Vanderbilt Beach Road Bike Lanes, Collier County - Project manager and Engineer of Record (EOR) for the design of bicycle lane improvements on Vanderbilt Beach Road form Vanderbilt Drive (C.R. 901) to Gulf Pavilion Drive. ¬ FPID #-435117-1-38-01: North Naples Various Sidewalks, Collier County - Project manager and Engineer of Record (EOR) for the design of approximately 1.2 miles of sidewalk and associated pedestrian signals on this LAP design project. ¬ FPID #435119-1-38-01: 49th Terrace SW Sidewalks, Collier County - Project manager and Engineer of Record (EOR) for the design of 5 foot sidewalks on 49th Terrace from 20th Place SW to 19th Place SW. ¬ FPID #434990-1-38-01: Golden Gate at Various Locations Sidewalks, Collier County - Project manager and Engineer of Record (EOR) for the design of sidewalks on 51st Street, 20th Court SW, and 51st Terrace SW in Golden Gate City. ¬ Bonita High School, Lee County School District - Engineer of Record for the offsite turn lane and signal design for the entrance to the new Bonita High School. ¬ 5th Avenue Sidewalks, City of Naples - Project manager and Engineer of Record (EOR) for the design of HUD-funded new sidewalks and associated drainage, permitting and service during construction. ¬ Florida Southwestern State College, Lee County - Project Engineer for the data collection/analysis and preparation of a traffic and pedestrian management plan. The project included data collection, Suncoast Arena access management, parking lot management plan and parking demand analysis, and pedestrian facility enhancements to improve the overall walkability of the campus ¬ Kentucky Street Sidewalks, City of Bonita Springs - Project manager and Engineer of Record (EOR) for the design of approximately one mile of HUD-funded new sidewalks and associated drainage and permitting. ¬ Piper Road North, Charlotte County - EOR of a new traffic signal at US 17 and Piper Road. Work includes analysis and design to determine signal operation plan, intersection geometry, signal retiming, capacity calculations, equipment placement, mast arm placement, phasing, and intersection analysis. ¬ FPID #428105-1-58-01: County Road 78 Phase IV and V Sidewalks, Hendry County - Project Engineer for two miles of future LAP funded sidewalks as part of a multi-phased corridor improvement project. ¬ LaMorada Traffic and Offsite Improvements, Collier County - Project Engineer for the preparation of a multi-phased residential development traffic study and associated offsite improvements located on Immokolee Road. ¬ 2014 County Wide Pathway Constructability Study, Collier County - Project Engineer for a study of five priority locations throughout the County to analyze and assess the feasibility of adding future sidewalks or bike lanes along the existing public corridors. ¬ 2013 County Wide Pathway Constructability Study, Collier County - Project Engineer for a study of nine priority locations throughout the County to analyze and assess the feasibility of adding future sidewalks or bike lanes along the existing public corridors. ¬ Naples Park Walkable Community Study, Collier County - Team member for the development of a study which assessed existing pedestrian facilities and conditions within Naples Park. JOSH HILDEBRAND, P.E., PTOE LAP DESIGN ENGINEER OF RECORD jhildebrand@johnsoneng.com 239.461.2481 Years Experience 12+ years Licensing & Registration Florida Professional Engineer, License No. 73952 Professional Traffic Operations Engineer (PTOE) Education/Training B.S. Civil Engineering (2007), Purdue University Intermediate MOT Advanced MOT FDOT Specifications Package Preparation FDEP Qualified Stormwater Inspector FDOT Level of Service Volunteer Opportunities City of Fort Myers – Adopt a Canal Program Coastal Conservation Association (CCA) –Naples Banquet Committee Member Professional Affiliations American Public Works Association (APWA) 1 Javier Ortiz-Velez, PE LAP DESIGN TEAM Javier is a Project Manager experienced in the preparation of contract documents during the preliminary design and final phases. Contract documents include design- bid and design-build projects. He also has been responsible for concept studies that include interchange alternatives, mainline horizontal and vertical alignments alternatives, and typical sections development. Javier has provided coordination between disciplines, offices, sub-consultants, partners, and clients. He has participated on project pursuits and done business development for the District of Columbia DOT, Maryland State Highway Administration, Fairfax County, and Arlington County. Recently, Javier worked as a FEMA Public Assistant Project Delivery Manager for the Hurricane Harvey recovery in Beaumont. Relevant Project Experience Vanderbilt Beach Road Extension, Collier County, FL. Quality Control Reviewer. Review of different proposed alignments along the corridors, including typical sections, vertical, horizontal alignments. Palm River Bridge Replacement Project, Collier County, FL. Quality Control. Performed 60% Plans Review and 90% Plans Review. Marbel T. Frank PUD and The Groves PUD, Seminole Tribe of Florida. Quality Control. College at Whiskey Creek Intersection Improvements Project, Lee County, FL. Plans Reviewer. Provided 90% Plans review. Transportation Planning Contract, Collier County, FL. Project Engineer. Responsible for the development of the typical section alternatives for Cypress Parkway. Developer Responsibility Evaluations, Collier County, FL. Plans Reviewer. Provided plans review for Logan Boulevard Turn Lane Improvements and Goodlette-Frank Road (CR851) Improvements. Poinciana Boulevard Widening Phase III, Osceola County, FL. Project Manager. Project involved widening and reconstruction of this corridor comprised of a two-lane highway widened to a divided urban high speed highway. Responsibility included schedule, budget and client coordination. SR 20 Milling and Resurfacing, FDOT District 2, Lake City, FL. Project Manager. Rehabilitation project that included drainage improvement, signing and pavement marking, construction of shoulders and pavement rehabilitation. SR 65 Milling and Resurfacing, FDOT District 3, Chipley FL. Project Manager. Rehabilitation project that included drainage improvement, signing and pavement marking and pavement rehabilitation. Budinger Avenue Extension, City of Saint Cloud, FL. Project Manager. Extension and reconstruction of major local road. Responsibilities included team leader, schedule, budget and client coordination. SR 5 (US 1) FDOT District 4, Broward County, FL. Project Manager. 6.33 miles RRR project. Responsible for finalizing contract plans. Duties included the preparation and submittal of final contract plans (using Pedds), specifications and quantities. Directed and supervised design team of two engineers and one technician. Coordinated with clients and sub consultants. US 1 (SR 5) PD&E, FDOT District 4, Martin County, FL. Assistant Project Manager. 2.10-mile PD&E project. Duties included preparation of preliminary conceptual plans. Assisted project manager in the coordination with sub consultants, the billing and scheduling. Directed and supervised design group of two engineers and one technician. SR 30/US 98 RRR Project, FDOT District 3, Bay County, FL. Roadway Designer. 3.0 mile RRR project. Duties included the preparation of 90%, submittal of the roadway plans component. Calculation of quantities and computational book for the roadway plans. SR 20 RRR, FDOT District 3, Walton County, FL. Roadway Designer. 7.0 mile RRR project. Duties included the preparation of 60% roadway plans. SR 44 Reconstruction, FDOT District 5, Volusia County, FL. Project Engineer. 11 miles of reconstruction and post design services. Duties included assisting project manager with RFI's and solving the conflicts associated with the RFI's. EDUCATION/QUALIFICATIONS MBA, Business Administration, Keller School of Business, 2014 MPM, Project Management, Keller School of Business, 2012 BS, Civil Engineering, Pennsylvania State University, 1994 REGISTRATIONS/ CERTIFICATIONS Professional Engineer: FL: #67032 (2006) OTHER •Joined Jacobs in 2018 •Total years of experience: 22 •Based in Naples, FL (SWF) Summary of Capabilities Geotechnical Engineering Structural Engineering Structural Damage Evaluations Structural and Geotechnical Analysis Project Management Numerical Modeling of Soft Soil Embankments Numerical Modeling of Soil-Structure Interaction Years of Experience With Tierra: 6 Years With Other Firms: 1 Year Education B.S., Civil Engineering, University of South Florida, 2011 Professional Organizations/Registrations/Awards American Society of Civil Engineers American Concrete Institute Phi Beta Kappa Honor Society Thomas E. Musgrave, P.E. Geotechnical Engineer Mr. Musgrave has worked in the field of Structural and Geotechnical Engineering for more than seven years, starting as an intern and gaining experience in structural damage assessment, structural analysis, ground subsidence, water intrusion, roof inspection, cause and origin forensic investigation, and soils and materials testing. His experience includes working on structural forensic investigations as well as FDOT roadway projects, subsidence investigations, structural bridge analysis, pavement evaluation, MSE wall analysis, corrosion testing and research. He has performed FDOT projects for Districts I, V, VII and the Florida’s Turnpike Enterprise. Mr. Musgrave also has extensive experience in structural testing including GPR evaluation of concrete and steel reinforcement. PROJECT EXPERIENCE District I I-75 (SR 93) Widening from SR 951 to North of Golden Gate Parkway, Collier County SR 29 from SR 82 to Hendry County Line, Collier County Vanderbilt Beach Road (CR 862) Bicycle Lane Improvements, Collier County Sunshine Boulevard from 17th Avenue SW to Green Boulevard, Collier County Districtwide Scour Evaluation for Bridges with Unknown Foundations Contract I-75 (SR 93) Widening over the Manatee River from US-301 to SR 64, Manatee County I-75 (SR 93) Widening at SR 70 Interchange, Manatee County I-75 (SR 93) at SR 72 (Clark Road), Sarasota County SR 64 (Manatee Avenue) from SR 789 to Perico Bay Boulevard, Manatee County CR 720 (Canal Road) from SR 78 to Dead End, Glades County CR 733 (3rd Street/Main Street) from US 27 to US 27, Glades County Alico Road Widening From East of Ben Hill Griffin Parkway to Airport Haul Road, Lee County Metro Parkway from Winkler Avenue to North of S.R. 82, Lee County SR 82 from Lee C/L to Collier C/L, Hendry County Francisco Street from Sonora Avenue to US 27, Hendry County SR 82 from Homestead Rd. to Hendry C/L, Lee County Central Polk Parkway (Segment 4), Polk County Transportation Improvement Plan Projects Seminole Tribe of Florida Roadways, Hendry County District VII Districtwide Geotechnical Contract Districtwide Scour Evaluation for Bridges with Unknown Foundations Contract SR 54, from East of CR 577 (Curley Rd.) to East of CR 579 (Morris Bridge Rd.), Pasco County I-75 (SR 93) South of Fowler to South of Bruce B. Downs, Roadway and Bridge, Hillsborough County I-4 / Crosstown Connector Segment 3C, from 7th Avenue to the Crosstown Expressway including Connections to 22nd Street, Hillsborough County SR 574 (MLK Jr. Blvd.) from Kingsway Rd. to McIntosh Rd., Hillsborough County SR 687 Improvements, Pinellas County SR 694 (Gandy Boulevard) from 40th Street North to East of SR 93 (I-275), Pinellas County Interlaken Road from Gunn Highway to Interlaken Drive, Pasco County Lake Patience Road from Oakstead Subdivision to US 41, Pasco County SR 54 at Madison Street Signalization, Pasco County Turn Lanes on Chancey Road for Double Branch Elementary School, Pasco County San Martin Boulevard over Riviera Bay Bridge Project Development & Environment (PD&E) Study, Pinellas County Oakwood Drive over Stephanie’s Channel Bridge Replacement, Pinellas County District V I-4 Ultimate (SR 400) Design Build, Orange and Seminole Counties SR 15 from North of Ponce De Leon Boulevard to North of SR 40, Volusia County S.R. 530 (U.S. Hwy 192) from Lake C/L to Secret Lake Drive, Orange County Florida’s Turnpike Enterprise I-75 at Florida’s Turnpike - Wildwood Interchange Design Build, Sumter County Veteran’s Expressway Widening from North of Memorial Highway to South of Gunn Highway, Hillsborough County Suncoast Parkway 2, Section 1 from US 98 to West Grover Cleveland Blvd, Hernando and Citrus Counties Suncoast Parkway 2, Section 2 from South of Grover Cleveland Blvd to SR 44, Citrus County Widen HEFT from NW 57th Ave. to Miramar (Mile Post 43 to Post 47), Broward and Miami-Dade Counties Florida’s Turnpike, from Griffin Road to Sunrise Boulevard, Broward County Tab II Past Performance Our team members are prepared to provide the County with efficient, coordinated services for the services required to prepare quality, constructible sidewalk and bike lane projects. Our team has a strong track record of successful project delivery in Collier County and throughout Southwest Florida and bring our local and regional institutional knowledge of facilities, agencies and stakeholders, community, and the challenges inherent in our community. Just as important, we have the technical expertise and the professional experience on similar projects that will provide the County the benefits of our lessons learned, resulting in a well-coordinated, successful project. Our local Naples team routinely work together completing high-quality projects in Collier County and offer an integrated approach to provide successful solutions, on time and within budget. Previous Performance with Similar Jobs Our team members have decades of success working on transportation and planning general services contracts with elements similar to this one. We have the technical expertise and management tools which have been fine-tuned over the years to facilitate the successful delivery of any of your needs throughout the duration of this contract. Our team’s ability to provide appropriate technical solutions on projects throughout Florida and nationwide is directly applicable to the potential services that may be required under this contract. We have highlighted several recently completed projects in this section that demonstrate our local expertise on projects that mirror the scope of services items as detailed in the RFP. This extensive project experience, all implemented by the same team members proposed for this contract, brings to the County lessons learned and established relationships with local consultants, stakeholders, County, and FDOT staff. Our combined experience and knowledge provides the greatest opportunity to successfully complete your projects on time and within budget. Our local team has worked together on projects similar in scope to the LAP Design and Engineering contract, many in Collier County. This well- established working relationship offers assurance to the County that this project will be implemented and completed in a wholly integrated and streamlined manner. Miscellaneous LAP Design Services Collier County, FL Our Team Members are providing Collier County services on the following ongoing miscellaneous LAP design projects currently under construction. Golden Gate Collector Sidewalk LAP Project Collier County, FL As a subconsultant to Johnson, Jacobs provided design of construction plans, specifications, and cost estimating services for the construction of a 6-foot wide sidewalk on the south side of Golden Gate Parkway, as well as the construction of a 6-foot wide sidewalk on the west side of Santa Barbara Blvd. Associated improvements include signing and pavement marking, driveway apron improvements, adjustment of existing utilities, and drainage improvements. Along Santa Barbara Blvd., pedestrian safety has been improved by the adding cross-walks and detectable warning surfaces to each intersection, as well as bus bays for each transit stop. Along Golden Gate Blvd., pedestrian safety has been improved by resurfacing all driveways and connecting to existing sidewalk at Tropicana Blvd. The sidewalks are designed in accordance with current Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (also known as the “Florida Green Book” criteria.) Additional responsibilities include preparation of quantities, coordination with Collier County, and quality assurance and quality control plans. FPN 435116-1-58-01. Sunshine Boulevard Sidewalks and Pedestrian Bridge Relocation – LAP Project Collier County, FL As a subconsultant to Johnson, Jacobs provided the design of construction plans, specifications, and cost estimating services for the construction of a 6-foot wide sidewalk on the west side of Sunshine Boulevard from 100 feet south of 17th Avenue SW to Green Boulevard (approximately 845 LF) and the relocation of an existing pedestrian bridge over Green Canal. Sunshine Blvd. associated improvements include, drainage improvements, adjustment of existing utilities, driveway apron improvements, erosion control, and pedestrian safety improvements to both the Green Blvd. and 17th Avenue SW intersections along Sunshine Blvd. The sidewalk is designed in accordance with current Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (also known as the “Florida Green Book” criteria). Additional responsibilities included preparation of quantities, coordination with Collier County, quality assurance and quality control plans, field inspection of existing bridge during magnetic particle testing, and coordination with SFWMD for maintenance of canal and relocation of an existing boat ramp. FPN 435030-1-58-01. In addition, our Team Members (Johnson) have provided Collier County services for the following miscellaneous LAP design projects: • Golden Gate at Various Locations (FPID No. 434990-1-38-01) • Sidewalks on 49th Terrace SW from 20th Place SW to 19th Place SW (FPID No. 435119-1-38-01) • North Naples Sidewalks at Various Locations (FPID No. 435117-1-38-01) • CR 862 (Vanderbilt Beach Rd) from CR 901 to Gulf Pavilion Drive Bike Lanes (FPID No. 435118-1-38-01 LAP Design Services Projects Florida In addition to the LAP projects for Collier County, our team has provided LAP services requiring coordination with FDOT for numerous projects throughout Florida. A representative sample of these projects included: • Lee County Business Way LAP Sidewalks (FPID No. 428382-1-58-01) • Cypress Knoll Drive LAP Sidewalk (FPID No. 428258-1-58-01) • Foggy Ridge Parkway LAP Sidewalk (FPID No. 428257-1-58-01) •Villa Entrada LAP Sidewalk (FPID No. 428256-1-58-01) •Marine Parkway LAP Sidewalk (FPID No. 418351-1-58-01) •Sea Forest Drive LAP Sidewalk (FPID No. 418352-1-58-01) •Little Road and Jaguar Trail (FPID No. 430293-1-58-01) •Polk County ADA Intersection Improvements (10 intersections) •Lee County Sara Avenue Sidewalks (FPID No. 423531-1-58-01) •Lee County LAP / EEO / ARRA Stimulus Assistance (Multiple Projects) •Hendry County NW Eucalyptus Boulevard Sidewalk Federally Funded under Scenic Enhancement Grant (FPID No. 416231-1- 58-01) •Hendry County SR 29 Sidewalk (FPID No. 426024-1-58-01) ARRA •Charlotte County MURT Phase II & III LAP (FPID No. 428139-1-58-01) Kentucky Street Sidewalks (HUD grant funded project) City of Bonita Springs, FL Funded and recently constructed through a Federal Department of Housing and Urban Development (HUD) grant, this project entails the construction of 0.7 miles of new sidewalk along the south side of Kentucky Street from Wisconsin Street to Front Street within the City of Bonita Springs. The proposed sidewalk is adjacent to developed residential housing and required special emphasis on access, pedestrian safety, and coordination with existing utilities within the public right-of-way. Johnson provided the survey, engineering design, and post design services necessary to complete this project. 5th Avenue North - Sidewalk Survey, Design & Engineering City of Naples, FL Johnson provided topographic survey, design, and construction plans for the construction of a 5-foot wide pedestrian concrete sidewalk, driveway aprons, and drainage improvements within public right-of-way, on the north side of 5th Avenue North from Goodlette Frank Road going east to the Anthony Park pathway for the City of Naples. This project included public involvement, preparation of bid documents, and coordination with utility agency owners (UAO). Parks and Recreation Facilities Assessment Collier County, FL Jacobs provided facilities assessment services under Collier County’s Architectural Study, Planning and Design contract. The goal of the project was to provide assessments of certain properties, improvements and buildings across the County in order to establish a capital budget projection over the next several years. Our team provided on-site inspections, provided detailed reports on the existing condition and provided conceptual recommendations for changes as appropriate for the following: Relevant services performed included: Pathway Lighting. Conducted an on-site inspection of all pathway and walkway lighting at 5 community parks and a sports complex. Pathways and Sidewalks. Conducted an on-site inspection of all pathways and sidewalks at 9 parks and a sports complex. Boardwalks. Conducted an on-site inspection of all boardwalks at 3 parks. Complete Streets D-B Criteria Package and Grant Assistance Lee County MPO, FL Jacobs assisted the Lee County MPO with preparing Conceptual Designs (30% Plans) and a Design-Build Criteria Package used for bidding their USDOT TIGER grant funded Complete Streets Project. Improvements consisted of adding bike lanes, shoulders, pathways, sidewalks and bus stop facilities. This grant allowed Lee County to fill gaps in their Regional network and link three high priority loops with committed local funding. Jacobs assisted the MPO with fast tracking their Federal TIGER grant application for the Complete Streets project with a 45 day schedule. The original work order utilized local funding to initiate the grant application and evaluate the feasibility of the submittal. A supplemental work order utilized planning (State) funds allocated in the MPO work program to complete the application. The grant application was awarded for $10.4 million. Eden Park Elementary School Safe Routes to School Grant Assistance Collier County, FL Jacobs assisted Collier County in developing the Safe Routes to School Grant and roadway criteria package. We prepared conceptual roadway plans, typical sections location maps, existing condition map, student location map, proof of right of way, analyzed crash data and traffic data. Our team also evaluated field conditions with representatives from FDOT and Collier County. The grant was awarded $717,071 through Safe Routes to School Funding under the requirements of the Local Agency Program (LAP). 2013 County Wide Pathway Constructability Study Collier County, FL Johnson Engineering prepared a report for the Collier County Transportation Planning Department to analyze specific corridors prioritized by the Pathways Advisory Committee (PAC). The analysis focused on five primary factors: long range planning, constructability, environmental impacts, permitting requirements, and project costs. Nine locations were evaluated in this report for consideration (including projects on 111th Avenue North and several segments of Lake Trafford Road). In addition to LAP specific projects for Collier County, our team (Jacobs) has successfully assisted in the addition of over 100 miles of sidewalks, pathways, and bike lanes to the Collier County Pedestrian and Bicycle Network! These projects have included: • Pine Ridge Road (US 41 to Airport Pulling) • Pine Ridge Road (Airport Pulling to Logan Boulevard) • North Road Relocation (Naples Airport) • Immokalee Road (Collier Boulevard to 43rd Avenue) • Vanderbilt Beach Road (Airport Pulling Road to Collier Boulevard) • Collier Boulevard (Golden Gate Blvd to Immokalee Road) • Collier Boulevard / Immokalee Road Intersection • Collier Boulevard (US 41 to Davis Boulevard) • Tree Farm Road (Collier Boulevard to Massey Street) • Woodcrest Drive (Immokalee Road to Tree Farm Road) • Collier Boulevard (Green Boulevard to Golden Gate Boulevard) • Oil Well Road (Immokalee Road to Camp Kies) • Collier Boulevard (Davis Boulevard to Main Golden Gate Canal) • Vanderbilt Beach Road Extension (Collier to Desoto Counties) • Harrison Road Improvements (Government Complex) • Collier Boulevard Corridor Study (US 41 to Immokalee Road) • Vanderbilt Beach Road Corridor Study (Collier to Desoto Counties) • Livingston Road (East-West) Corridor Study (US 41 to Livingston Road) • East of Collier Boulevard Corridor Study (Part of DRMP Team) Reference Forms Reference Questionnaire Solicitation: RPS NO.: 19-7599 Engineering and Design Services for LAP Funded Projects Reference Questionnaire for: Capital Consulting Solutions, LLC (Name of Company Requesting Reference Information) ADAM AHMAD (Name of Individuals Requesting Reference Information) Name:Emran Rahaman (Evaluator completing reference questionnaire) Company:SEMINOLE TRIBE OF FLORIDA PUBLIC WORKS (Evaluator’s Company completing reference) Email: EmranRahaman@SEMTRIBE.COM FAX: Telephone: 954-894-1060 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: STOF Tribalwide Systemic Safety Analysis Completion Date: May 2017 Project Budget: $125,000 Project Number of Days: 180 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Reference Questionnaire Solicitation: RPS NO.: 19-7599 Engineering and Design Services for LAP Funded Projects Reference Questionnaire for: CAPITAL CONSULTING SOLUTIONS, LLC (Name of Company Requesting Reference Information) ADAM AHMAD (Name of Individuals Requesting Reference Information) Name:FABIAN LEFLER (Evaluator completing reference questionnaire) Company:SEMINOLE TRIBE OF FLORIDA PUBLIC WORKS (Evaluator’s Company completing reference) Email: FABIANLEFLER@SEMTRIBE.COM FAX: Telephone: 954-894-1060 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: Transportation Design Manager Completion Date: Ongoing Project Budget: Ongoing Project Number of Days: 180 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Reference Questionnaire Solicitation: RPS NO.: 19-7599 Engineering and Design Services for LAP Funded Projects Reference Questionnaire for: CAPITAL CONSULTING SOLUTIONS, LLC (Name of Company Requesting Reference Information) ADAM AHMAD (Name of Individuals Requesting Reference Information) Name:JAMES JEFFERS, P.E. (Evaluator completing reference questionnaire) Company:SEMINOLE TRIBE OF FLORIDA PUBLIC WORKS (Evaluator’s Company completing reference) Email: JAMES JEFFERS@SEMTRIBE.COM FAX: Telephone: 954-894-1060 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: DESIGN/SDC FOR 5.8 MILES OF SNAKE ROAD Project Budget: 350K Completion Date: 7/2019 Project Number of Days: 180 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Soli c itation: 19-7599 Reference Questionnaire for: Jacobs Co�e-r County� Administrative Services Department Procurement Services Division Reference Questionnaire (Name of Company Requesting Reference Information) Bill Gramer, PE, AICP Company: Collier County, FL (Name oflndividuals Requesting Reference Information) Name: Lorraine M. Lantz, AICP, Principal Planner (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Lorraine.Lantz@colliercountyfl.gov FAX: Telephone: 239-252-5779 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 I to I 0, with IO representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "O." Project Description: Safe Routes to School Grant(s) Included Grant Application(s), Exhibit(s), Roadway Safety Audit, Conceptual Sidewalk/Drainage Design(s) Completion Date: 2016 -2018 Project Budget: _$=5�5�,0�0�0 _________ _ Project Number of Days: 90 _________ _ Item Citeria Score Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10+ 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10+ 6 Project administration (completed documents, final invoice, final product turnover; IO invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOT AL SCORE OF ALL ITEMS fl)( ) �,. � �� QN� � b � -+JJ Al� 't_,� r.. A a.:((/(� w �-'N'\ � 11\/MLJ ut � -1 �� 'Jo � v � �k '-MJ) . -V • --<\ tJ\JV/mk g MfJJJJ'[;- Reference Questionnaire Solicitation: RPS No. 19-7599 Reference Questionnaire for: Johnson Engineering, Inc. (Name of Company Requesting Reference Information) Josh Hildebrand, PE, PTOE (Name of Individuals Requesting Reference Information) Name: Mr. Shane Parker, PE (Evaluator completing reference questionnaire) Company: Hendry County (Evaluator’s Company completing reference) Email: sparker@hendryfla.net FAX: (863) 674-2941 Telephone: (863) 675-5222 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: FPID 428105-1-58 CR 78 Phase IV & V LAP Sidewalks Completion Date: March 2018 . Project Budget: $40,000 .Project Number of Days: 365 . Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Reference Questionnaire Solicitation: RPS NO.: 19-7599 Engineering and Design Services for LAP Funded Projects Reference Questionnaire for: JACOBS (Name of Company Requesting Reference Information) Bill Gramer (Name of Individuals Requesting Reference Information) Name: Trinity Scott, P.E. (Evaluator completing reference questionnaire) Company:SEMINOLE TRIBE OF FLORIDA PUBLIC WORKS (Evaluator’s Company completing reference) Email: Trinity.Scott@colliercountyfl.gov FAX: Telephone: 239-252-5832 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: Immokalee Tiger Grant Project Budget: 50K Completion Date: 2017 Project Number of Days: 90 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Tab III Project Approach, Time and Budget Plan of Approach First and foremost, it is our belief that good communication is key to the success of any project. This is especially true when designing a federally funded project through FDOT’s Local Agency Program (LAP) and making sure the requirements that are placed upon the Local Agency are satisfied. We pride ourselves on quick and immediate responses to your needs or concerns. Not only will you be able to contact us at any time, but we will not hesitate to contact you as soon as any information pertaining to the project needs to be relayed. While working with you, your interests and project budget are our main priority. To get the project started on the right foot, it is imperative to have a comprehensive scoping meeting. At this meeting, all project issues, requirements, schedule constraints and budget limitations are brought to the table. From this discussion, a comprehensive scope of services is developed that ensures everyone’s duties are clearly defined and all expectations are consistent. We also understand that time needs to be built into the schedule to allow multiple agency reviews of the design documents at various stages of completion. We have developed a plan for this project that will allow us to conduct the project in accordance with the requirements specified in the Scope of Services. It is understood that 60%, 100%, and final submittal requirements will be similar to other Collier County projects completed in the past, but these projects will require additional coordination with the FDOT during the LAP review process. On federally funded projects, it is imperative that protocol is followed and all Federal, State, and County paperwork is in proper order. For each of these work orders, we will strive to function as an extension of County staff. In doing so, we will facilitate the overall process and help ensure the conditions of the LAP agreements are met. Our initial focus on each project will be to meet with both the County and FDOT staff to reiterate the timetable of project design submittals. Once a work order is accepted and the Notice to Proceed (NTP) is issued, Josh Hildebrand will immediately request a project kick-off meeting between Collier County, FDOT and other relevant team members to make certain the project objective and schedule is clearly defined. Comprehensive LAP Project Design A comprehensive LAP design approach is one that takes into account the existing physical topographic conditions, constraints, utility infrastructure, user’s expectations, construction budget of the project, and the design criteria specified in the LAP Agreement to arrive at an appropriate set of design parameters. Using a typical 5’ sidewalk LAP design project as the example, our assigned design team would focus on providing a facility that is Americans with Disabilities Act (ADA) accessible and walkable for the local residents while also taking into consideration any existing constraints, such as driveways and drainage features within the existing right-of -way. We will strive to deliver a project that is functional, cost-effective and is designed to minimize impacts to the community as a whole. To accomplish this, we will first begin with a survey of existing conditions. Once baseline data is obtained, the design team will evaluate alternative sidewalk typical sections and existing driveway profiles on each of the roadway segments. Options for sidewalk alignments should be explored to arrive at an optimal condition that allows for drainage, utilities and other furnishings to be successfully incorporated into the design. One of the first things we analyze with any sidewalk project is the typical section. Where can you locate the 5’ sidewalk to provide maximum benefit with minimum conflict? The ideal design location is not always the most practical and with Federal Funds you are required to work within existing public right-of-way. The most common design issues with sidewalks are typically the associated drainage impacts and existing utility conflicts. Sidewalks often cross existing roadside ditches, conflict with existing culverts or their side slopes encroach upon existing conveyances. As such, when developing the design alternatives, one of our project goals will be to maintain equivalent positive drainage to provide a path for the water to get where it is intended to go. Frequently, driveways within the project limits will require partial reconstruction to accommodate the addition of the sidewalk. The reconstruction of certain driveways with more aggressive slope is often necessary to ensure that the sidewalk meets ADA standards and provides a safely traversable cross slope of less than 2%. We are also familiar with the environmental and South Florida Water Management District (SFWMD) permitting processes and have in- house staff capable of handling all aspects of permitting expected for these projects. Sidewalks and turn lanes are typically exempt from Environmental Resource Permitting unless there are significant associated drainage impacts. We have an excellent track record permitting sidewalks through the local permitting agencies. In conjunction with each phased design submittal, we recommend a face to face project team submittal meeting with County staff. In this meeting, we will present the plans along with an explanation of where we are and how we arrived there. We will present our design criteria and base assumptions and identify any potential conflicts or issues. Most importantly, we will identify the issues and ask the questions that must be addressed for us to proceed with the design. Often times, we can address the issues right then and there and leave the meeting with the information needed to keep moving forward. This does not preclude the official review process, but allows it to run concurrently without slowing down plan production. This also significantly reduces staff’s necessary review time. We have used this process successfully in the past, saving time and promoting shared understanding. Following the County’s initial 60% review, the plans and permit applications will be updated and submitted to appropriate agencies including FDOT and SFWMD. Once all 60% and 100% County, FDOT and SFWMD comments have been adequately addressed and permits have been issued, we will prepare the final bid package. In addition to the preparation of the final plans, this task also includes the development of the “Big 4” LAP specification package, bid sheets, final engineer’s opinion of probable cost, and any other necessary bid documents. The specification package will be prepared in accordance with standard FDOT procedures. Bid Assistance and Post Design As the design entity, we will provide bid assistance to the County as deemed necessary during the contractor procurement. This may include answering the bidders’ questions and assisting in preparation of addenda. Once the bid opening has occurred, the project team will evaluate the bids for completeness and provide the Collier County with a letter of recommendation to award. At the preconstruction meeting, the task order Project Engineer and Project Manager will assist the County’s Project Manager in conducting a detailed preconstruction meeting covering the LAP/EEO responsibilities of the prime and subcontractors involved in accordance with 23 CFR 230 and any other special provisions or conditions in the contract documents. A designer’s job is not finished when the project is under construction. It is imperative that the engineer be there to see the project through to its completion. We will be available to answer RFI’s, provide clarifications/interpretations of the plans, review shop drawings, attend construction progress meetings and provide periodic site visits. Our proposed project design team has performed numerous roadway design projects within Collier County. We are excited about this project and the opportunity to work with the County again. We are confident this plan and our approach will result in a successful project. It has been tried several times before and has proven successful every time. Abilities, Skill & Experience To best serve Collier County on this project, our team offers a separate transportation design division that is devoted to facilitating improvements such as these. The team proposed has a tremendous amount of expertise and experience specifically in intersection and sidewalk design and permitting. We will apply the ability and skill, gained through these years of experience, to the direct benefit of Collier County, its residents and roadway users. In addition to transportation experience, our firm also provides a wide range of ancillary services that often prove useful on projects such as this including: survey, SUE, drainage, environmental, landscaping and utilities. This experience gives us a unique advantage as we have comprehensive understanding of the entire transportation development process from planning to design, to permitting through construction. We are very familiar, not only with the design of such facilities, but the requirements that come with the Federal Funding and other grant opportunities. We understand that many intersection and pedestrian enhancement projects often have the potential to receive special funding even after the design phase has been completed. We strive to design each project with this in mind, so if special funding does become available at any stage during a project, the transition to meet the funding provisions is seamless. Capital Consulting, Johnson Engineering and CH2M have performed numerous FDOT LAP funded design projects for pedestrian facilities and our other subconsultant, Tierra have assisted in their respective tasks. This team is fully pre-qualified by FDOT for the work groups specified in the RFQ, however, we have been part of enough LAP funded projects to know that qualifications alone will not successfully complete these tasks. The key to successful LAP project delivery is simple: Follow the rules! We are very familiar with these rules. The LAP process is specifically designed to allow the state to distribute Federal dollars to local municipalities while still meeting the requirements of FHWA. Accordingly, the FDOT requires strict adherence to applicable guidelines and the “Big 4” specifications. The team is also very experienced in the design of sidewalk and roadway improvements such as those proposed under these projects in accordance with FDOT standards and requirements. With considerable design and construction experience, we propose and can offer a constructability review by our team prior to plan submission to help to minimize expensive and time consuming delays during construction. This review will be performed by our Quality Control Team. Our teams are very experienced in the design and plan production in accordance with standard FDOT procedures. Johnson Engineering has a dedicated transportation group that focuses solely on transportation projects. All of our internal design, plan production, quality control and project management processes are based off FDOT standard practices. Our familiarity with FDOT’s guidelines and specifications will provide a seamless path to a successful project. With LAP projects, much of the specific design requirements depend on whether your project is an on-system or off-system facility. We understand the difference between the PPM and the Florida Greenbook and we know when each should be applied. In addition to knowing the design and plan production requirements, we are also familiar with the administration requirements associated with FDOT projects. One of those is the Electronic Review Comment (ERC) system FDOT uses to manage the plans review process. We have used this process on several occasions and found it to be pretty useful, not just on the Department’s side, but also on the consultant’s side. There are a few minor quirks you learn to get around, but for the most part it is straight forward. Those in our company that have used the system can easily teach those who have not, but the Department also has a very good ERC User Manual that we have found answers most of the questions. Suffice it to say, we are no stranger to the ERC system and are comfortable in using it. 443375-1 & 443375-2 Lake Trafford Sidewalk and Bike Lanes Lake Trafford Road from Tippins Terrace to North 15th Street (Sidewalks) Current pedestrian facilities are discontinuous on both the north and south side of the corridor. With beaten paths in the adjacent cleared and maintained right-of-way, high volumes of pedestrian traffic is evident along the corridor. It is recommended that a sidewalk be placed along the “desire line” created by the pedestrians from Carson Road to Laurel Street. The project is believed to be constructible within the limits of the existing right-of -way; however increased cost is expected due to extensive drainage modifications. The project is anticipated to require a General ERP permit or ERP modification due to the presence of existing control structures. Minimal environmental impacts are anticipated. Lake Trafford Road from Tippins Terrace to North 15th Street (Bike Lanes) Existing bicycle facilities along Lake Trafford Road consist of a shared use path from Tippins Terrace to Little League Road. To increase continuity, bike lanes are recommended from Little League Road to Laurel Street. The project is believed to be constructible within the limits of the existing right-of-way from Little League Road to Laurel Street. 441480-1 Eden Park Elementary Sidewalk Preliminary Access Sidewalk for Elementary students leaving Eden Park Elementary School. There currently are no pedestrian facilities along the corridor. There is a high volume of students that use corridor to traverse to school in the morning and afternoon. Team member Jacobs met with project stake holders during the development of the Safe Routes to School Grant and has unparallel knowledge of project. 441846-1 111th Avenue North Bike Lanes 111th Avenue North from Bluebill Bridge to U.S. 41 The addition of designated bicycle lanes to the 111th Avenue North corridor, where feasible, would alleviate existing bicycle traffic from the adjacent sidewalks and roadway, reducing roadway congestion and increasing the safety of both pedestrian and bicycle traffic. Currently no roadway improvements are planned. The project is believed to be constructible within the limits of the existing right-of -way from the Bluebill Bridge to 7th Street North, and no planned improvements exist. The project is expected to qualify for a SFWMD exemption per F.A.C. Rule 62.330-051(10) for roadway safety improvements and minimal environmental impacts are anticipated. ID Tab IV Current Workload of the Firm Given our team member’s long history of working with the County on its engineering projects, including managing LAP projects under past contracts, we have a thorough understanding of the scope of work and level of effort that will be required to successfully complete this project in a timely manner. Our team is comprised of 3 design teams; each team is assigned to a specific project. Allocating resources in this way will allow our team to implement all 3 projects simultaneously, eliminating the need to share resources across projects. CCS team members were selected based on their reputations for excellence on similar projects, their past working relationships with both the County and our other team members, their willingness to be committed to this project and their availability to ramp up immediately upon notice to proceed. The graph below show our team members’ availability to implement this project. January February March April May June July August September Workload 65.00%65.00%55.00%50.00%45.00%45.00%40.00%35.00%35.00% 65.00%65.00% 55.00%50.00%45.00%45.00%40.00%35.00%35.00% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% WORKLOAD 0 10 20 30 40 50 60 70 Adam Ahmad, PE, AICP Ryan Bell, PE, PTOE Bill Gramer, PE, AICP Josh Hildebrand, PE, PTOE Javier Ortiz-Velez, PE Key Team Member Availability Available Committed Addendum 1 Date: October 8, 2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title 19-7599 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Project 19-7599 Engineering and Design Services has extended the Bid proposal date to October 25, 2019. Change 2. Please disregard the six criteria that was listed in the RPS Directions. Use the four criteria that was listed in the Solicitation on page 14 for the proposal. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 10/20/2019 Capital Consulting Solutions, LLC Addendum 2 Date: October 9, 2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation # and Title 19-7599 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Project 19-7599 Engineering and Design Services has extended the Bid proposal date to October 25, 2019 at 3:00 PM. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 10/20/2019 Capital Consulting Solutions, LLC Addendum 3 Date: October 15, 2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation # and Title 19-7599 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Revision to Solicitation: EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (25 Total Points Available) This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team's qualifications to successfully complete the project. Change 2. Remove the Collier County 2-page form DBE participation statement (Collier County Anticipated Disadvantaged, Minority, Women or Veteran Participation Statement) and replace it with attached FDOT Form 375-030-83. Please see attachment labeled Document 37503083. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Capital Consulting Solutions, LLC 10/20/2019 Addendum 4 Date: October 24, 2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 Solicitation # and Title 19-7599 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Project 19-7599 Engineering and Design Services has extended the Bid proposal date to November 8, 2019 at 3:00 PM. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 11/22/2019 Capital Consulting Solutions, LLC Addendum 5 Date: October 25, 2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 5 Solicitation # and Title 19-7599 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: This addendum is to correct the due date on Bidsync only. Change 1. Project 19-7599 Engineering and Design Services has extended the Bid proposal date to November 8, 2019 at 3:00 PM. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 11/22/2019 Capital Consulting Solutions, LLC Addendum 6 Date: November 5, 2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # 19-7599 and Title Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Project 19-7599 Engineering and Design Services for LAP Funded Projects has been extended to November 22, 2019 at 3:00 PM. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 11/22/2019 Capital Consulting Solutions, LLC 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 _____________ Adam Ahmad, PE, AICP, GC 10/20/2019 adam.ahmad@capitalengr.com 239.273.8894 Naples, Florida, 34109 9010 Strada Stell Ct, Suite 108 Capital Consulting Solutions, LLC 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 ___________ Capital Consulting Solutions, LLC 9010 Strada Stell Ct, Suite 108 Naples, Florida 34109 239.273.8894 info@capitalengr.com Adam Ahmad, PE, AICP, GC 10/20/2019 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: __________________________________________________________________ Capital Consulting Solutions, LLC Adam Ahmad, PE, AICP, GC Owner 10/20/2019 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: 20th October 19 Collier Florida Capital Consulting Solutions, LLC 9010 Strada Stell Ct, Suite 108 Naples, Florida 34109 CA Lic. No: 32121 82-0845707 83XR0 239.273.8894 Adam Ahmad, PE, AICP, GC Owner 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: Capital Consulting Solutions, LLC Adam Ahmad, PE, AICP, GC Owner 9010 Strada Stell Ct, Suite 108 Naples, Florida 34109 239.273.8894 adam.ahmad@capitalengr.com 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. Capital Consulting Solutions, LLC Adam Ahmad Owner 10/20/2019 Florida Collier 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 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 ________________________ Capital Consulting Solutions, LLC 9010 Strada Stell Ct, Suite 108 Naples Florida 34109 239.273.8894 adam.ahmad@capitalengr.com 9010 Strada Stell Ct, Suite 108 9010 Strada Stell Ct, Suite 108 Naples NaplesFlorida Florida34109 34109 adam.ahmad@capitalengr.com adam.ahmad@capitalengr.com x c 82-0845707 10/20/2019 239.273.8894Owner 8225 LAUREL LAKES BLVD NAPLES, FL 34119 Current Principal Place of Business: Current Mailing Address: 8225 LAUREL LAKES BLVD NAPLES, FL 34119 US Entity Name: CAPITAL CONSULTING SOLUTIONS LLC. DOCUMENT# L17000059962 FEI Number: 82-0845707 Certificate of Status Desired: Name and Address of Current Registered Agent: AHMAD, ADAM N 8225 LAUREL LAKES BLVD NAPLES, FL 34119 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Authorized Person(s) Detail Date FILED Feb 13, 2019 Secretary of State 6172700988CC ADAM AHMAD OWNER 02/13/2019 2019 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT Yes Title AMBR Name AHMAD, ADAM N Address 8225 LAUREL LAKES BLVD City-State-Zip:NAPLES FL 34119 Minority Business Certification Capital Consulting Solutions, LLC 06/28/2019 06/28/2021 Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 1292321 The parties to this agreement are the Department of Homeland Security (DHS) and the Capital Consulting Solutions, LLC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly 1292321 Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status 1292321 Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon 1292321 Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. 1292321 Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with 1292321 Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and 1292321 Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify 1292321 Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the 1292321 Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. 1292321 Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 1292321 Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. 1292321 Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 1292321 Capital Consulting Solutions, LLC Adam Ahmad Electronically Signed 04/22/2018 USCIS Verification Division Electronically Signed 04/22/2018 Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 1292321 Capital Consulting Solutions, LLC 5633 Strand Blvd, Suite 312 Naples, FL 34110 COLLIER 820845707 541 1 to 4 1 Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 1292321 FLORIDA 1 site(s) Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 1292321 Name Adam N Ahmad Phone Number (239) 273 - 8894 Fax Number Email Address adam.ahmad@capitalengr.com Name Kelly K Ahmad Phone Number (239) 200 - 7131 Fax Number Email Address adam.ahmad@capitalengr.com Name Adam N Ahmad Phone Number (239) 273 - 8894 Fax Number Email Address adam.ahmad@capitalengr.com Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 1292321 Page intentionally left blank EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE Exhibit II Page Form 2, 3 Form 275-030-11 DBE Bid Package Information 4, 5 Collier County Anticipated DBE Participation Statement, Part I and II 6 Form 375-030-30 Truth in Negotiation Certification 7 Form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions for Federal Aid Contracts 8 Form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 9 Form 375-030-34 Certification for Disclosure of Lobbying Activities 10-22 Form 375-030-50 Conflict of Interest/Confidentiality Certification RPS 19-7599, Page 42 of 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 09/19 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. 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://www.fdot.gov/equalopportunity/eoc.shtm . Adam Ahmad, PE, AICP, GC 10/20/2019 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 09/19 Page 2 of 2 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) 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 Opportun ity 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 D BE 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 indicat es the company’s name, mailing address, phone number, etc. • Print the company’s name in the “___” space; next to “Date” print the month/day/year the policy is being signed; record the signature of the company’s Chief Executive Officer, President or Chairperson in the space next to “by” and print the full first and last name and position title of the official signing the policy. • Print the DBE Liaison’s full name, email address, business mailing address and phone number the bottom of email. E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. Adam Ahmad, PE, AICP, GC 10/20/2019 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROFESSIONAL SERVICES DBE OR SMALL BUSINESS COMMITMENT FORM 375-030-83 PROCUREMENT 09/19 Firms will submit this form in response to the Request for Proposal or alternatively, at the time of Expanded Letter of Response submittal. Used for Professional Services: • BDI Set-Asides (Standard note 7 of Professional Services advertisement) • Advertisements that contain Under-Utilized Work Groups (Standard note 8 of professional services ad) • Advertisements that contain a DBE/Small Business Aspiration Goal (Standard note 9 of professional services ad) Contract/Advertisement No.: 7599 Prime Consultant: Capital Consulting Solutions, LLC Project Description: Engineering and Design Services for LAP Funded Projects Expected percentage of contract fees to be utilized by DBE(s): 50 %. (Combine DBE Prime and DBE subconsultants, if applicable). Expected percentage of contract fees to be utilized by Non-DBE Small Businesses 50 %. (Combine Non-DBE Small Business Prime and Non-DBE Small Business subconsultants, if applicable). The proposed Prime and DBE and Small Business subconsultants/subvendors are as follows: Prime Type of Work (List each type of work separately, only one type of work per line) Percentage DBE Small Business Capital Consulting Solutions,LLC 3.1 50% Capital Consulting Solutions,LLC 7.1 50% Choose an item. % Choose an item. % Choose an item. % Choose an item. % Choose an item. % Choose an item. % Subconsultant/Subvendor Type of Work (List each type of work separately, only one type of work per line) Percentage Johnson Engineering Inc. 3.1 22.5% Johnson Engineering Inc. 4.1.1 22.5% Johnson Engineering Inc. 7.1 22.5% Johnson Engineering Inc. 7.2 22.5% Johnson Engineering Inc. 7.3 22.5% Johnson Engineering Inc. 8.1 22.5% Johnson Engineering Inc. 8.2 22.5% Jacobs Engineering Group Inc 3.1 22.5% Jacobs Engineering Group Inc 4.1.1 22.5% Jacobs Engineering Group Inc 7.1 22.5% Jacobs Engineering Group Inc 7.2 22.5% Jacobs Engineering Group Inc 7.3 22.5% Jacobs Engineering Group Inc 8.1 22.5% Jacobs Engineering Group Inc 8.2 22.5% Jacobs Engineering Group Inc 8.4 22.5% Tierra Inc. 9.1 5% Tierra Inc. 9.2 5% Please note, the number one ranked firm is required to enter DBE Participation in the Equal Opportunity Compliance (EOC) System subsequent to contract award and any future contract amendments or task work orders (if applicable). Firms listed in the table as DBEs should appear in the Department’s listing of DBE’s at: https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Professional Services firms listed as “Non-DBE” Small Businesses should appear on the Department’s listing of all Non-DBE Small Businesses at: https://ssrs.fdot.gov/Reports/report/PDA%20Reports/Public%20Reports/InternetGroupX (Be sure to select the “Non- DBE Small Businesses Only” option in the selection). Road and bridge construction firms and other non-professional services firms should appear on the Department’s listing at: https://www.fdot.gov/procurement/small-business-Reports.htm By: Adam Ahmad Title: Owner Capital Consulting Date: 11/22/2019 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 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 19-7599, Page 47 of 96 Adam Ahmad, PE, AICP, GC 10/20/2019 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 19-7599, Page 48 of 96 Capital Consulting Solutions, LLC Adam Ahmad, PE, AICP, GC 10/20/2019 Owner 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 19-7599, Page 49 of 96 Capital Consulting Solutions, LLC Adam Ahmad, PE, AICP, GC 10/20/2019 Owner 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 19-7599, Page 50 of 96 Adam Ahmad, PE, AICP, GC 9010 Strada Stell Ct, Suite 108, Naples, Florida 34109 Adam Ahmad Owner 239.273.8894 10/20/2019 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 19-7599, Page 63 of 96 19-7599 Engineering and Design Services for LAP Funded Projects RPS NO.: 19-7599 • 443375-1 & 443375-2 Lake Trafford Sidewalk and Bike Lanes• 441480-1 Eden Park Elementary Sidewalk• 441846-1 111th Avenue North Bike Lanes Adam Ahmad, PE, AICP, GC 10/20/2019