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Agenda 12/08/2020 Item #14A 3 (Contract #20-7726 CEI Services for Immokalee Regional Airport Runway)12/08/2020 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign Agreement No. 20 -7726, “CEI Services for Immokalee Regional Airport Runway 18-36 and Taxiway C,” in the lump sum amount of $795,520 with Atkins North America, Inc. OBJECTIVE: To provide required professional Construction Engineering and Inspection (“CEI”) services for airfield pavement reconstruction of Runway 18/36 and the extension Taxiway C projects at the Immokalee Regional Airport. CONSIDERATIONS: On September 8, 2020 (Agenda Item 16F1), the Board ratified the County Manager’s approval of a selection committee’s ranking of consultants that submitted proposals for Request for Professional Services No. 20-7726 as follows: (1) Atkins North America, Inc., (2) Infrastructure Consulting and Engineering, and (3) A2 Group, Inc, and directed staff to bring a negotiated contract back to the Board for approval. Following the Board’s direction, staff commenced negotiations with the top-ranked firm Atkins North America, Inc. The proposed scope of work for this agreement is to provide construction engineering and inspection services necessary to support the various construction elements associated with these projects at the Immokalee Regional Airport. As provided in the recommended agreement, Atkins will be responsible for keeping the project on schedule, within budget, and fully coordinating with all parties to assist in producing quality constructed products in compliance with all permitting and regulatory requirements. These services necessary to effect the construction of vital safety improvements at the Immokalee Regional Airport will be funded by the FAA, FDOT and local match. Staff recommends approval of the attached proposed agreement with Atkins North America, Inc. to provide CEI services in the lump sum amount of $795,520, broken out as follows: Runway 18/36 Rehabilitation $536,730 Taxiway C Extension $258,790 FISCAL IMPACT: Total funding required for the agreement is $795,520. Funding in the amount of $536,730 is available within Immokalee Runway 18/36 Rehabilitation Project 33605, $429,384 within Airport Grant Fund (498) and $107,346 within Airport Match Fund (499). Sources of funding are Florida Department of Transportation (FDOT) grant (80%), and local match (20%). Funding in the amount of $258,790 is available within Immokalee Taxiway C Extension Project 33650, $245,850.50 within Airport Grant Fund (498) and $12,939.50 within Airport Match Fund (499). Sources of funding are a Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant (90%), Florida Department of Transportation (FDOT) grant (5%), and local match (5%). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT PLAN IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: To approve and authorize the Chairman to sign Agreement No. 20-7726 in the 14.A.3 Packet Pg. 1050 12/08/2020 lump sum amount of $795,520 with Atkins North America, Inc., for CEI services during construction of the Runway 18/36 Rehabilitation and Taxiway C Extension projects at the Immokalee Regional Airport. Prepared By: Justin Lobb, Executive Manager, Airport Authority ATTACHMENT(S) 1. 20-7726 Solicitation (PDF) 2. 20-7726 NORA (PDF) 3. 20-7726 AtkinsNorth_Insurance 11-5-20 (PDF) 4. [Linked] 20-7726 AtkinsNorth_VendorSigned (PDF) 14.A.3 Packet Pg. 1051 12/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 14.A.3 Doc ID: 14280 Item Summary: Recommendation to approve and authorize the Chairman to sign Agreement No. 20-7726, “CEI Services for Immokalee Regional Airport Runway 18-36 and Taxiway C,” in the lump sum amount of $795,520 with Atkins North America, Inc. Meeting Date: 12/08/2020 Prepared by: Title: Manager - Airport – Airport Authority Name: Justin Lobb 11/20/2020 3:45 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 11/20/2020 3:45 PM Approved By: Review: Airport Authority Justin Lobb Additional Reviewer Completed 11/20/2020 3:48 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/20/2020 3:58 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 11/20/2020 4:01 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/20/2020 4:26 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 11/20/2020 4:32 PM Procurement Services Judy Puig Additional Reviewer Skipped 11/23/2020 9:03 AM Procurement Services Evelyn Colon Additional Reviewer Completed 11/23/2020 10:51 AM Grants Erica Robinson Level 2 Grants Review Completed 11/23/2020 11:18 AM Growth Management Department Judy Puig Deputy Department Head Review Skipped 11/23/2020 12:45 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/23/2020 4:21 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/24/2020 9:51 AM Grants Carrie Kurutz Additional Reviewer Completed 11/24/2020 5:10 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/25/2020 8:19 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2020 10:40 AM Grants Therese Stanley Additional Reviewer Completed 11/30/2020 12:14 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/30/2020 12:46 PM 14.A.3 Packet Pg. 1052 12/08/2020 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/30/2020 4:25 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM 14.A.3 Packet Pg. 1053 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS GRANT FUNDED REQUEST FOR PROFESSIONAL SERVICES (RPS) In accordance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act FOR Construction Engineering and Inspection (CEI) Services for Immokalee Airport Runway 18-36, Taxiway C RPS NO.: 20-7726 PATRICK BOYLE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 Patrick.Boyle@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. 14.A.3.a Packet Pg. 1054 Attachment: 20-7726 Solicitation (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) SOLICITATION PUBLIC NOTICE REQUEST FOR PROFESSINAL SERVICES (RPS) NUMBER: 20-7726 PROJECT TITLE: CEI SERVICES FOR IMMOKALEE AIRPORT RUNWAY 18-36, TAXIWAY C RPS OPENING DAY/DATE/TIME: April 9th, 2020 at 3:00PM 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 Collier County Airport Authority Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for P rofessional Services (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Sp ecifications or Scope of Work stated. The Collier County Airport Authority is seeking proposals for professional construction phase engineering services for 1) air field pavement reconstruction of Runway 18-36 (see attached Exhibit “A”) and 2) Taxiway C extension project at the Immokalee Regional Airport (see attached Exhibit “B”). This is expected to be a one (1) to two (2) year construction program due to annual fund ing constraints and is dependent upon the level of grant funding available through FAA and FDOT. See attached Exhibit “I”, Granting Agency Documents and Exhibit “I”, Granting Agency Forms, incorporated herein by reference. BACKGROUND The Immokalee Regional Airport is a large General Aviation Airport that has two (2) active runways and multiple taxiways that allow for the safe passage of aircraft. Runway 18-36 is in poor to critical condition as rated in the most recent Pavement Inspection Report that was completed through the Florida Department of Transportation in 2017, attached hereto as Exhibit “C”, and incorporated herein by reference. All the pavement sections of Runway 18 -36 at the Immokalee Regional Airport require continuous maintenance in order to allow for the operations of aircraft and prevent the pavement from continuing to d eteriorate to the point of failure. To allow for the continued operations of aircraft at the airport, pavement restoration is necessary. P roject will also include necessary drainage, safety area, markings, airfield lighting/signage improvements, and pavem ent removal/additions. In addition, Taxiway C is proposed to be extended for a 3,000 -foot Taxiway Design Group (TDG) II, which will connect Taxiway B and the Airport’s primary Runway 9-27 to the Terminal/Hangar Area to increase safety by reducing crossing of Runway 18-36, as currently required by the airfield’s geometry. This project will also include necessary drainage, safety area, markings, a irfield lighting/signage improvements, and pavement removal/additions. Both projects are currently being designed under separate task authorizations. The overall project will include two major components and associated breakdown of funding sources. It is anticipated that all design and construction aspects associated with the Taxiway C Extension will be primarily funded with Federal (FAA) AIP dollars, while all design and construction aspects associated with reconstruction of Runway 18 -36 will be primarily funded with State (FDOT) and local (County) dollars, as depicted in the concept drawings provided in separate attachment. Therefore, services associated with each funding source shall be clearly identified and delineated throughout the life of the project. 14.A.3.a Packet Pg. 1055 Attachment: 20-7726 Solicitation (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) TERM OF CONTRACT County reserves the right to modify this scope during negotiations for bu dgetary reasons. The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approv al of the final payment. Prices shall remain firm for the initial term of the awarded contract. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing stru cture. DETAILED SCOPE OF WORK Task 1- Construction Administration • Coordination with FAA/FDOT/County and other agencies • FAA safety plans • Coordinate and attend pre-construction conferences with each A/E and applicable County representative • Overall Contract Management • Coordinate and attend construction progress meetings • FAA/FDOT Grant Management (Quarterly Construction Reports) to include ensuring compliance with all grant terms, conditions, and assurances. • DBE monitoring and compliance • Davis Bacon Act compliance including but not limited to monitoring the Prime and all subcontractors submit compliant weekly certified payroll on time and the performance of labor interviews. • Review/Track/Monitor status of o construction progress o shop drawing submittals o contract document clarification and interpretations (RFIs) o respond or coordinate responses to RFIs o requests for changes to construction cost and or schedule • Review of contractor’s schedule • Provide contractor with schedule comments • Processing of Progress Payments ▪ Verify that the work has progressed to the point indicated ▪ Verify that the work is in substantial accordance with the contract documents ▪ Verify that the contractor is entitled to the payment in the recommended amount ▪ Verify that the A/E has properly Certified the Request for Payment ▪ Verify that all required backup documentation such as the appropriate subcontractor and contractor Releases of Lien have and the Bonding Company’s Consent of Payment are included ▪ Recommend payment Task 2 - Construction Inspection • Construction Observation Services • Conduct on-site observations of work in progress to assist in determining if the provisions of the contract documents and permitting conditions are being fulfilled • Resident Project Representative o Report, in writing, whenever it is believed that work is unsatisfactory, faulty or defective o Report, in writing, whenever it is believed that a hazardous condition exists o Maintain log of the work performed to include ▪ When the contractor is on the job site ▪ Weather conditions ▪ Changed conditions ▪ List of visitors ▪ Drilling and testing activities ▪ General observations ▪ Specific observations ▪ Observed testing procedures o Verify that tests, equipment, and systems startup are conducted in the presence of appropriate personnel o Verify that the contractor maintains adequate records o Provide photographic record of construction o Observe materials and workmanship 14.A.3.a Packet Pg. 1056 Attachment: 20-7726 Solicitation (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) o Report, in writing, any deviation from the contract document o Coordinate the sampling and testing of materials to be performed by independent testing laboratories o Monitor that record drawing mark-ups are properly maintained Task 3 - Miscellaneous • Confirm project completion with appropriate agencies • Coordinate and attend Substantial Completion Walk through • Assist the A/E with development of a “punch list” of items needing co mpletion prior to Final Acceptance • Confirm that punch list items are completed • Coordinate a final review of finished items • Provide recommendation of acceptance of the project • Collect all necessary documentation to close the project/contract o Lien waivers o Contractor’s Final Affidavit o Close-out change orders o Surety’s Final Consent o Process Final Payment • Assist the County with coordination of warranty work (not to exceed the completion date of the agreement) • Transmit all Project/Program related files to the County • Substantial completion • Project closeout • Testing Quality Control The firm shall be required to provide complete services as outlined in the contract or assist the Airport Authority, as a min imum, with the following tasks. 1. Process, review, approve, and distribute sop drawings, product data, samples, substitutions and other submittals required by the Construction Documents. 2. Construction field observation services consisting of visits to the project site as frequently as necessary. 3. Review and approval of invoices for payments to the Contractor prior to submission to the Project Manager, including verification of compliance with Davis Bacon requirements. 4. Review all change order requests and/or time extension requests by the Contractor. 5. Conduct final inspections and assist Owner in final acceptance of the project. 6. Additional services as may be necessary and appropriate. 14.A.3.a Packet Pg. 1057 Attachment: 20-7726 Solicitation (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) RESPONSE FORMAT AND SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST: Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non-responsive Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 25 Points 2. Past Performance 25 Points 3. Project Approach, Willingness to Meet Time and Budget Requirements 25 Points 4. Recent, Current, and Projected Workloads of the Firm 25 Points TOTAL POSSIBLE POINTS 100 Points For complete explanation of each evaluation criteria, please see the file titled “RPS Instructions” included with this advertisement. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List)**** 14.A.3.a Packet Pg. 1058 Attachment: 20-7726 Solicitation (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) Date: May 21, 2020 Notice of Recommended Award Solicitation: 20-7726 Title: CEI Services for Immokalee Airport Runway 18-36, Taxiway C Due Date and Time: April 17, 2020 at 3:00PM Respondents: Company Name City County State Final Ranking Responsive/Responsible Atkins North America, Inc. Fort Myers Lee FL 1 Yes/Yes Infrastructure Consulting and Engineering Tampa Hillsborough FL 2 Yes/Yes A2 Group, Inc. Port Charlotte Charlotte FL 3 Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On March 5, 2020 the Procurement Services Division released notices of Request for Professional Services 20- 7726 CEI Services for Immokalee Airport Runway 18-36, Taxiway C. 28,408 firms were notified, 115 firms viewed/downloaded the bid information and three (3) proposals were received by the due date of April 17, 2020, as shown above. All three proposers were found to be responsive and responsible. The Selection Committee convened on May 11, 2020, and as described in step 1 of the solicitation documents, the Committee scored each of the proposals and shortlisted the following top three firms to move on to step 2: Atkins North America, Inc. Infrastructure Consulting and Engineering A2 Group, Inc. On May 21, 2020 the Selection Committee reconvened for step 2 of the solicitation process, presentations were given, and the Committee ranked the firms as listed above. Staff is recommending negotiations with the top ranked firm, Atkins North America, Inc. Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 21C95451-C5CC-4F63-9E2E-90AE7CC7A4C5 5/22/2020 5/22/2020 14.A.3.b Packet Pg. 1059 Attachment: 20-7726 NORA (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 2,000,000 GLO0137576-06 Manashi Mukherjee X ATL-005040121-09 1,000,000 3,000,000 X 26247 3,000,000 Annual Aggregate:(See additional page) of Marsh USA Inc. ATLANTA, GA 30326 N X10/15/2020 15 10/15/2021 04/30/2020 10/15/2021 BAP0137575-06 Professional Liability A 4,000,000 2,000,000 X 19445 American Guarantee & Liability Ins Co 1,000,000 X C X where required by written contract and subject to policy terms and conditions. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the 11/03/2020 NOC 3,000,000 10/15/2020 3,000,000 Re: RPS No. 20-7726; Construction Engineering and Inspection (CEI) Services for Immokalee Airport Runway 18-36, Taxiway C “For any and All work performed on behalf of Collier County" X 3295 Tamiami Trail East, Bldg C-2 Naples, FL 34112 Collier County Collier County Board of County Commissioners is included as additional insured where required by written contract with respect to general liability and auto liability coverages. Waiver of subrogation is applicable named insured subject to policy terms and conditions. A National Union Fire Ins Co. of Pittsburgh PA CN102421774-Atkin-GAWE-20-21 Limit: Per Claim 50,000 10/15/2021 2,000,000 AUC9304209-18 (claims made policy) 4,000,000 16535 1,000,000 1,000,000 04/30/2021 WC0137577-06 TWO ALLIANCE CENTER MARSH USA, INC. X 3560 LENOX ROAD, SUITE 2400 4030 West Boy Scout Blvd., Ste 700 Atkins North America, Inc. Tampa, FL 33607 X 15808715 10/15/2020 Board of County Commissioners 10/15/2020 A 10/15/2021 Zurich American Insurance Company 14.A.3.c Packet Pg. 1060 Attachment: 20-7726 AtkinsNorth_Insurance 11-5-20 (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 22 Atlanta �� Professional Liability placement was made by Marsh Canada. Marsh USA has only acted in the role of a consultant to the client with respect to the placement, which is indicated here for your convenience. � �� Professional Liability:� Certificate of Liability Insurance CN102421774 MARSH USA, INC.� 4030 West Boy Scout Blvd., Ste 700� Atkins North America, Inc.� Tampa, FL 33607 25 14.A.3.c Packet Pg. 1061 Attachment: 20-7726 AtkinsNorth_Insurance 11-5-20 (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) 14.A.3.c Packet Pg. 1062 Attachment: 20-7726 AtkinsNorth_Insurance 11-5-20 (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) 14.A.3.c Packet Pg. 1063 Attachment: 20-7726 AtkinsNorth_Insurance 11-5-20 (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) 14.A.3.c Packet Pg. 1064 Attachment: 20-7726 AtkinsNorth_Insurance 11-5-20 (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) 14.A.3.c Packet Pg. 1065 Attachment: 20-7726 AtkinsNorth_Insurance 11-5-20 (14280 : Award Contract 20-7726 Atkins CEI for Immokalee Airport) PROFESSIONAL SERVICES AGREEMENT Contract # 20-7726 for Construction Engineering and Inspection (CEI) Services for Immokalee Airport Runway 18-36, Taxiway C " THIS AGREEMENT is made and entered into this day of , 20 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 Atkins North America, Inc. authorized to do business in the State of Florida, whose business address is 4030 West Boy Scout Boulevard, Suite 700, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Construction Engineering and Inspection (CEI) Services for Immokalee Airport Runway 18-36, Taxiway C (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and 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, Page 1 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Kevin McCauley, PE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 01W Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the Page 3 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real - Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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 for 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 authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2, Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition Page 6 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. �■ Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. Page 7 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1, Page 8 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 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. Page 9 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 9.52 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. Page 10 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ■ ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material Page 11 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287,055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services, ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. Page 12 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Administrative Agent/PM: Telephone: E-Mail(s): Operations Support Division -Airport Authority Gene Shue 2005 Mainsail Dr Suite #1 Naples, FL 34114 Justin Lobb, Manager (239) 642-7878 Justin.Lobb(),colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Atkins North America, Inc. Address: 1514 Broardway, Suite 202 Fort Myers, FL 33901 Attention Name & Title: Darin R. Larson, PE, LEED AP Telephone: (239) 271-3411 E-Mail(s): Darin.Larson(a-)atkinsglobal.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. Page 13 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 AO 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Federal Contract Provisions Solicitation # 20-7726 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. Page 14 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties Page IS of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ■ arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat, 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: - - - Date: Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: -yVitness ' Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA By: Burt L. Saunders , Chairman Consultant: Atkins North America, Inc. By: L�. Name and Title 41A�� Witness W a fru r% 2 a V-a. l 405-x--C Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 Ara SCHEDULE A SCOPE OF SERVICES 0■ following this page (pages through 18 ) Page 18 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 "Construction Engineering and Inspection Services for the Immokalee Regional Airport (IMM) Runway 18-36 Rehabilitation" SCHEDULE A SCOPE OF SERVICES This scope of services covers construction engineering and inspection services required for the Runway 18-36 Rehabilitation at Immokalee Regional Airport (IMM) through the duration of construction. Project Description Immokalee Regional Airport is served by two (2) runways, Runway 9-27 and Runway 18- 36. Runway 9-27 is the primary runway and Runway 18-36 is the secondary runway. The primary Runway 9-27 is located on the north portion of the airfield and was reconstructed in 2015. Runway 18-36 was originally constructed in the 1940's and has not been rehabilitated previously. The pavement on Runway 18-36 is rated "Very Poor" to "Serious" condition, with PCIs as low as 20. The Base Bid of the project will rehabilitate Runway 18-36 to provide a usable surface for future airport operations. The existing asphalt surface will be removed by milling. The existing base material will be reused and augmented with limerock or an asphalt leveling course as needed. The project will replace the existing runway lights and impacted taxiway lighting with LED lights. The PAPIs and REILs on Runway 18-36 will be replaced along with the Windsock. Modifications to the electrical vault will be made as needed to accommodate the lighting and signage changes. Taxiway A and the electrical vault modifications will be bid as Bid Alternates. The intent of this scope is to perform construction engineering and inspection services necessary to support the various construction elements associated with this project at the Immokalee Regional Airport. Construction is scheduled to start in the Fall of 2020. Construction Team ■ Owner - Collier County Airport Authority (CCAA) ■ Construction Manager -Atkins North America ■ RPR - Atkins North America ■ Engineer - Hole Montes ■ Construction Material Testing — Lomski Engineering ■ Contractor - TBD At the request of Collier County Airport Authority (COUNTY), Atkins (CONSULTANT) has drafted this scope of services to define the effort necessary to accomplish the Construction Engineering and Inspection Services for the Runway 18-36 Rehabilitation at IMM. This will consist of providing professional services for the project administration and construction management support during construction. Atkins will provide resident project representative (RPR) services for the majority of the construction contract duration. The Engineer -of -Record (ENGINEER) will be contracted directly by the Page 1 of 7 COUNTY to provide professional construction administration services including, but not limited to, the review of shop drawings, responses to CONTRACTOR Requests for Information, revisions to the Contract Documents as required, and project closeout documentation. The CONSULTANT will facilitate and manage the construction administration between the CONTRACTOR and the ENGINEER. The contract documents allow 185 calendar days from notice to proceed to substantial completion of construction plus an additional 30 calendar days for project closeout. Objective The objective shall be the successful completion by the CONSULTANT of project management and construction inspection services necessary for the Runway 18-36 Rehabilitation (PROJECT). The overriding objective of the Consultant is to keep the PROJECT on schedule, under budget, and fully coordinated with all parties and to assist in producing a quality constructed product. Scope For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a revision to the compensation to be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed. These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents. The CONSULTANT shall coordinate the overall Construction Phase Program Management, construction observation, and project closeout support services. Each of these services shall be provided by the CONSULTANT, working in concert with the COUNTY, the ENGINEER, and CONTRACTOR& The CONSULTANT shall verify that all elements of construction are being complied with and that the general intent of the contract documents is being met. Also, the CONSULTANT will hire a sub -consultant to perform all required quality assurance testing in the field in order to ensure the construction complies with the Contract Documents. Task 1: Project Administration and Coordination This task involves the internal management of the contract including project bookkeeping, billing, and coordination with project stakeholders. The Project Manager (PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. The PM will keep the COUNTY advised of the work progress, schedule, and coordinate necessary revisions to the Contract Documents to be performed by the ENGINEER. The PM will be the CONSULTANT's main point of contact and will be responsible for ensuring that the project's goals and objectives are met within the agreed upon schedule. Page 2 of 7 0 Task 2: Weekly Meetings and Site Visits Under this task, the CONSULTANT's Project Manager will attend weekly meetings and make visits to the site during construction. Such site visits are not intended to be exhaustive in examining the CONTRACTOR's work in progress, but rather to provide a general observation of the work. The CONSULTANT, in conjunction with the ENGINEER, will review the CONTRACTOR's work as observed for general conformance with the Contract Documents. The CONSULTANT will not visit the site to direct or supervise the CONTRACTOR's work. Note that site visits may be coordinated to happen concurrently with regular project meetings or they may be held at other times. The CONSULTANT will also coordinate with the ENGINEER on scheduling site visits in order to observe the progress of construction and perform inspections of various elements of work as required. The CONSULTANT will also conduct a Pre -Construction Conference before the CONTRACTOR is provided with a construction Notice to Proceed. The purpose of this meeting will be to review general administrative procedures of the contract, review technical requirements, begin the submittal process, and other items as defined in the Contract Documents. In addition, the CONSULTANT's Project Manager and ENGINEER(S) will attend the Substantial Completion and Final Inspections. While at these inspections, the CONSULTANT and ENGINEER(S) will review the work for general conformance with the Contract Documents and assist the resident project representative (RPR) with determining a level of completeness. The CONSULTANT will assist the RPR and ENGINEER in compiling a list of items for inclusion in the final punch list. For the purpose of scope definition, the following number of visits is anticipated by a technical lead from each discipline (inclusive of Pre -Construction Conference, Test Strip Paving, Substantial Completion Inspection, and Final Inspection): Project Manager - 43 (31 weekly meetings/12 additional) Senior Pavement Engineer - 16 Engineer - 15 Task 3: Shop Drawing Review Coordination This task will include the CONSULTANT's administrative coordination of the review of shop drawings submitted by the CONTRACTOR, to the ENGINEER, as stipulated in the Contract Documents. The CONSULTANT will collect, log, and distribute shop drawings to the appropriate ENGINEER for responses and return the shop drawing responses to the CONTRACTOR. Task 4: Responses to CONTRACTOR Requests for Information (RFI's) Coordination This task will include the CONSULTANT's administrative coordination of the review of RFI's submitted by the CONTRACTOR, to the ENGINEER, as stipulated in the Contract Page 3 of 7 ■ Documents. The CONSULTANT will collect, log, and distribute RFI's to the appropriate ENGINEER for responses and return the RFI responses to the CONTRACTOR. The ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The ENGINEER shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The ENGINEER shall also provide support and clarifications related to the construction documents and shall provide any required revisions or supplemental information related to the contract documents that may be required during construction. Task 5: CONTRACTOR Applications for Payment Based on the CONSULTANT's on -site observations as an experienced and qualified inspector, on information provided by the RPR, and on review of applications for payment and accompanying data and schedules, the CONSULTANT and/or RPR shall approve the amounts owed to the CONTRACTOR(s) based on the CONTRACTOR's monthly pay request. Task 6: Resident Project Representative (RPR) Services Under this task, the CONSULTANT will provide on -site Resident Project Representative (RPR) services for the PROJECT. The RPR shall serve as the liaison between the COUNTY, the ENGINEER, and the CONTRACTOR throughout the PROJECT. The foremost duty of the RPR is to observe construction for general conformance with the Contract Documents. The RPR will be responsible for reporting to the Project Manager, the ENGINEER, the Airport, and/or COUNTY when observing work that is unsatisfactory, faulty, defective, or does not conform to the Contract Documents. The RPR will be responsible for rejecting such work as agreed upon with the COUNTY and the ENGINEER. The duties of the RPR will include: • attend the pre -construction conference • coordinate the CONTRACTOR's mobilization to the site • collect and log shop drawings, RFI's, RFC's, pay requests, correspondence, etc. • inspect and monitor CONTRACTOR activities and construction schedule and coordinate activities with the COUNTY and Airport Tenants • Review the CONTRACTOR's Phasing and Paving plan, and project communications, pavement plan and site clean-up procedures • Attend pre -paving Conference and placement of test strip • maintain a daily construction log to include when the CONTRACTOR is on the job site, weather conditions, changed conditions, list of visitors, testing activities/procedures and general observations • attend weekly progress meetings • review and approve CONTRACTOR's pay requests • take project progress photographs • monitor CONTRACTOR's Quality Control Plan • administrate Change Orders as necessary Page 4 of 7 • organize, prepare for, and lead the substantial completion and final inspections • assist the ENGINEER in creating the CONTRACTOR's punch list of unfinished items • verify the CONTRACTOR's completion of the punch list • collect the CONTRACTOR's as -built information • assist the ENGINEER in preparing the final closeout documentation • assist the ENGINEER in certifying the completion of the project to general conformance with the Contract Documents • Report any deviation from the contract documents or whether it is believed that work is unsatisfactory, faulty or defective • Coordinate the quality assurance sampling and testing of materials and work to be performed by independent testing laboratories The Resident Project Representative shall have limited authority on site as follows: • Shall not authorize any deviation from the construction Contract Documents or substitution of materials or equipment. • Shall not exceed limitations of Owner or ENGINEER as set forth in the construction Contract Documents. • Shall not undertake any of the responsibilities of the CONTRACTORs, SUBCONTRACTORs, or CONTRACTOR's superintendents. • Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the construction Contract Documents. • Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the CONTRACTOR's work. • Shall not accept shop drawings or sample submittals from anyone other than the CONTRACTOR. • Shall not authorize the Owner to occupy the Project in whole or in part. • Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized. The Contract Documents allow 185 calendar days from notice to proceed to substantial completion of construction plus an additional 30 calendar days for project closeout. This equates to 31 weeks of contract time. To best serve the PROJECT, it is assumed that there will be one (1) RPR half-time on site for eight (8) months. An additional inspector may be required on -site during peak construction activities including, but not limited to, extended paving operations and night work. The assigned RPR will serve half-time, or two and a half (21/z) days a week, on the PROJECT. The RPR effort related to the Taxiway C Extension will be included in a separate scope and fee. Task 7: FDOT/County Coordination and Grant Management The CONSULTANT will assist the COUNTY on coordination with the various agencies on project funding grant terms, conditions, and assurances and other related coordination items as required during the construction of the PROJECT. Page 5 of 7 IC' 0 Task 8: Preparation of Closeout and Record Documents Under this task, the CONSULTANT will assist the ENGINEER in preparing the project closeout documentation in accordance with COUNTY and FDOT requirements. The following is a list of assumptions forming the basis of the CONSULTANT's cost proposal for providing the services detailed in the Scope of Services for this PROJECT. Any modification and/or revision to these basic assumptions will constitute a change in the project scope and may result in a revision to the CONSULTANT's cost proposal. The COUNTY will provide office space in the existing terminal for full-time use by the RPR. RPR will take necessary measures to keep office space clean. 2. CONSULTANT shall consult with the ENGINEER and the COUNTY and act as the COUNTY's representative and advisor as provided for in the Contract Documents. The extent and limitations of the duties, responsibilities and authority of the CONSULTANT as assigned in the Contract Documents shall not be modified except as the ENGINEER and the COUNTY may otherwise agree in writing. 3. The fees for the provision of construction administration and RPR services are based on the construction duration for the project specified in the construction documents and an assumed level of staff effort as described above. In the event the construction duration is greater than estimated and specified herein, the Parties shall negotiate and amend this agreement to address any additional compensation based on the rates set forth in Schedule B. 4. CONSULTANT shall not be responsible for the acts or omissions of any CONTRACTOR, SUBCONTRACTOR, or supplier at the site or otherwise furnishing or performing any of the CONTRACTOR's work. 5. CONSULTANT, in consultation with the County's Project Manager, shall have the authority to issue a stop work order to the CONTRACTOR when witnessing efforts that do not conform to the construction contract or that may in the judgment of the CONSULTANT jeopardize safety. This shall not relieve the CONTRACTOR of their responsibility to meet these requirements. 6. When recommending payment, CONSULTANT is only representing that the RPR has made visual checks on items installed in field. The CONSULTANT will only check the quality or quantity of CONTRACTOR's work as stipulated to the ENGINEER or RPR in the Contract Documents. Page 6 of 7 7. CONSULTANT's review of CONTRACTOR's work for the purposes of recommending payments shall not impose on CONSULTANT responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or CONTRACTOR(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. 8. CONSULTANT's review of CONTRACTOR's work for the purposes of recommending payments shall not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes any CONTRACTOR has used the moneys paid on account of the Contract Price; or to determine that title to any of the work, materials or equipment has passed to COUNTY free and clear of any lien, claims, security interests or encumbrances; or that there may not be other matters at issue between COUNTY and CONTRACTOR that might affect the amount that should be paid. 9. The CONSULTANT shall have authority, as the COUNTY's representative, to require special inspection or testing of the work, and shall receive and review certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 10. No additional environmental wetlands permitting (federal and/or local) or mitigation will be required for construction of this project. 11. It will be the responsibility of the CONTRACTOR to obtain any permits necessary for construction. The CONSULTANT will not be applying for or obtaining any construction related permits. 12. The CONSULTANT shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the project site. 13. This scope of services does not include preparation for or testimony during any mediation or litigation which might arise from disputes between the Owner and CONTRACTOR. Such preparation for or testimony during litigation or mediation, should it be necessary, shall be considered outside the scope of this contract. Page 7 of 7 "Construction Engineering and Inspection Services for the Immokalee Regional Airport (IMM) Taxiway Charlie Extension" SCHEDULE A SCOPE OF SERVICES This scope of services covers construction engineering and inspection services required for the Taxiway C Extension at Immokalee Regional Airport (IMM) through the duration of construction. Project Description Immokalee Regional Airport is served by two (2) runways, Runway 9-27 and Runway 18- 36, Runway 9-27 is the primary runway and Runway 18-36 is the secondary runway. The primary Runway 9-27 is located on the north portion of the airfield. Aircraft landing on Runway 9-27 must cross Runway 18-36 twice to access the terminal and self-service fueling facilities. The extension of Taxiway C to the approach end of Runway 9 will eliminate the need for multiple crossings of Runway 18-36. Under a separate contract with a design engineering consultant, Collier County Airport Authority (COUNTY) commissioned the Consultant to perform design services for the Taxiway C Extension (PROJECT) which includes the following project elements: • Extension of the existing Taxiway C (Base Bid) • Airfield Electrical Lighting & Signage (Base Bid) • Drainage Improvements (Base Bid) • Construction of FAA TDG-II Fillets at TW C3 and mill and overlay of existing segment of Taxiway C to C3 (Bid Alternate) The intent of this scope is to perform construction engineering and inspection services necessary to support the various construction elements associated with this project at the Immokalee Regional Airport. Construction is scheduled to start in the Fall of 2020. Construction Team ■ Owner - Collier County Airport Authority (CCAA) ■ Construction Manager - Atkins North America ■ RPR - Atkins North America ■ Environmental Services - Atkins North America ■ Engineer - Hole Montes ■ Construction Material Testinq — Lomski Engineering ■ Contractor - Ajax Paving Industries, Inc. Page 1 of 11 At the request of Collier County Airport Authority (COUNTY), Atkins (CONSULTANT) has drafted this scope of services to define the effort necessary to accomplish the Construction Engineering and Inspection Services for the Taxiway C Extension at IMM. This will consist of providing professional services for the project administration and construction management support during construction. Atkins will provide resident project representative (RPR) services for the majority of the construction contract duration. The Engineer -of -Record (ENGINEER) will be contracted directly by the COUNTY to provide professional construction administration services including, but not limited to, the review of shop drawings, responses to CONTRACTOR Requests for Information, revisions to the Contract Documents as required, and project closeout documentation. The CONSULTANT will facilitate and manage the construction administration between the CONTRACTOR and the ENGINEER. The contract documents allow 135 calendar days from notice to proceed to substantial completion of construction plus an additional 30 calendar days for project closeout. Obiective The objective shall be the successful completion by the CONSULTANT of project management and construction inspection services necessary for the Taxiway C Extension (PROJECT). The overriding objective of the Consultant is to keep the PROJECT on schedule, under budget, and fully coordinated with all parties and to assist in producing a quality constructed product. Scope For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a revision to the compensation to be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed. These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents. The CONSULTANT shall coordinate the overall Construction Phase Program Management, construction observation, environmental services, and project closeout support services. Each of these services shall be provided by the CONSULTANT, working in concert with the COUNTY, the ENGINEER, and CONTRACTORS. The CONSULTANT shall verify that all elements of construction are being complied with and that the general intent of the contract documents is being met. Also, the CONSULTANT will hire a sub - consultant to perform all required quality assurance testing in the field in order to ensure the construction complies with the Contract Documents. Page 2 of 11 f (0 J Task 1: Project Administration and Coordination This task involves the internal management of the contract including project bookkeeping, billing, and coordination with project stakeholders. The Project Manager (PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. The PM will keep the COUNTY advised of the work progress, schedule, and coordinate necessary revisions to the Contract Documents to be performed by the ENGINEER. The PM will be the CONSULTANT's main point of contact and will be responsible for ensuring that the project's goals and objectives are met within the agreed upon schedule. Task 2: Weekly Meetings and Site Visits Under this task, the CONSULTANT's Project Manager will attend weekly meetings and make visits to the site during construction. Such site visits are not intended to be exhaustive in examining the CONTRACTOR's work in progress, but rather to provide a general observation of the work. The CONSULTANT, in conjunction with the ENGINEER, will review the CONTRACTOR's work as observed for general conformance with the Contract Documents. The CONSULTANT will not visit the site to direct or supervise the CONTRACTOR's work. Note that site visits may be coordinated to happen concurrently with regular project meetings or they may be held at other times. The CONSULTANT will also coordinate with the ENGINEER on scheduling site visits in order to observe the progress of construction and perform inspections of various elements of work as required. The CONSULTANT will also conduct a Pre -Construction Conference before the CONTRACTOR is provided with a construction Notice to Proceed. The purpose of this meeting will be to review general administrative procedures of the contract, review technical requirements, begin the submittal process, and other items as defined in the Contract Documents. In addition, the CONSULTANT's Project Manager and ENGINEER(S) will attend the Substantial Completion and Final Inspections. While at these inspections, the CONSULTANT and ENGINEER(S) will review the work for general conformance with the Contract Documents and assist the resident project representative (RPR) with determining a level of completeness. The CONSULTANT will assist the RPR and ENGINEER in compiling a list of items for inclusion in the final punch list. For the purpose of scope definition, the following number of visits is anticipated by a technical lead from each discipline (inclusive of Pre -Construction Conference, Test Strip Paving, Substantial Completion Inspection, and Final Inspection): • Project Manager - 34 (26 weekly meetings/8 additional) • Senior Pavement Engineer - 6 • Engineer - 2 Page 3 of 11 Task 3: Shop Drawing Review Coordination This task will include the CONSULTANT's administrative coordination of the review of shop drawings submitted by the CONTRACTOR, to the ENGINEER, as stipulated in the Contract Documents. The CONSULTANT will collect, log, and distribute shop drawings to the appropriate ENGINEER for responses and return the shop drawing responses to the CONTRACTOR. Task 4: Responses to CONTRACTOR Requests for Information (RFI's) Coordination This task will include the CONSULTANT's administrative coordination of the review of RFI's submitted by the CONTRACTOR, to the ENGINEER, as stipulated in the Contract Documents. The CONSULTANT will collect, log, and distribute RFI's to the appropriate ENGINEER for responses and return the RFI responses to the CONTRACTOR. The ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The ENGINEER shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The ENGINEER shall also provide support and clarifications related to the construction documents and shall provide any required revisions or supplemental information related to the contract documents that may be required during construction. Task 5: CONTRACTOR Applications for Payment Based on the CONSULTANT's on -site observations as an experienced and qualified inspector, on information provided by the RPR, and on review of applications for payment and accompanying data and schedules, the CONSULTANT and/or RPR shall approve the amounts owed to the CONTRACTOR(s) based on the CONTRACTOR's monthly pay request. Task 6: Environmental Services Task 6.1 Prior site surveys (December 17th & 18th, 2019), conducted by Passarella and Associates Inc. for production of a Listed Species Survey Report (March 2020), revealed the presence of Florida scrub jays along the airport's western boundary within a designated Conservation Easement referred to as the Upland Management Area (UMA) described in the Report. Based on review of the Report as well as additional desktop review of the project area, there is the potential for suitable scrub jay habitat within the airport property (and possibly within the proposed project area). This task includes a preliminary survey by the CONSULTANT within any potentially suitable scrub jay habitat adjacent to, or within, the proposed impact areas of the project for the presence of Florida scrub jays. The CONSULTANT will evaluate the project area for vegetation and known community associations that might indicate the presence of suitable scrub jay habitat. In addition, the recordings of Florida scrub jay calls will be played back within the project area to determine if any individuals of the species are present. This preliminary investigation is not meant to determine occupied territorial boundaries and will only encompass the proposed project area. If this species is found to be occupying any areas proposed for Page 4 of 11 construction or is observed adjacent to any areas of proposed disturbance that would rising to the level of "take", then additional surveys and permitting may be necessary prior to construction under a separate supplemental agreement. Task 6.2 A 100% gopher tortoise burrow survey of all suitable gopher tortoise habitat within, and within 25 feet of, the project area will be conducted since the previous survey occurred greater than 90-days prior. Burrows will be identified as either 'Potentially Occupied' (PO) or 'Abandoned' (AB), and their location will be recorded using a GPS device with sub - meter accuracy, and physically flagged in the field for future siting during agency review. GPS points of burrows will be used to create graphics for the permit application and submitted to FWC for pre -relocation approval under Task 4.0. Task 6.3 A previously obtained Gopher Tortoise Incidental Take Permit (ITP COL-36), was issued on November 3, 1999, it authorizes the take of tortoises and their burrows as well as to move tortoises to avoid take within the development boundaries of the Immokalee Regional Airport. However, ITP COL-36 Provision/Condition 7 does not authorize moving tortoises off the contiguous boundaries of the permittee which includes the airport property and the designated Upland Management Areas (UMAs) adjacent to the western border of the airport. This area has been preserved as habitat for Florida scrub jays and gopher tortoises. A new FWC permit application, and permitting fees, will be required for the relocation of tortoises off -site to a long-term recipient site. The CONSULTANT will coordinate with the FWC regarding any possible use of existing ITP COL-36. Compilation of data on existing conditions, burrows, and relocation efforts will be completed by the CONSTULTANT prior to construction. This task includes contact with agency representatives and preparation of all necessary documentation to allow for excavation and relocation of tortoises occupying the proposed construction areas. This task includes coordination with an appropriate long-term recipient site to obtain a reservation letter, preparation of maps (location, soils, land use, parcel information, survey transects and burrow locations), coordination of permitting and recipient site fees, if applicable, and submittal of documentation to FWC electronically. Task 6.4 Under this task the CONSULTANT will conduct excavation and humane relocation of gopher tortoises in accordance with FWC guidelines within the Project area. The preferred gopher tortoise capture method is mechanical excavation of the burrows, which minimizes the time required to capture each tortoise. If the COUNTY and/or CONTRACTOR is unable to provide, the CONSULTANT will subcontract the appropriate track-hoe(s) and operator(s) to assist with the relocation efforts. If mechanical excavation is not feasible, bucket trapping may be needed and would require a separate supplemental agreement. The CONSULTANT will provide the required post -capture data collection and transportation of the captured tortoises. The CONSULTANT's Gopher Tortoise Authorized Agents (GTAA) will conduct all relocation efforts and coordinate with the long - Page 5 of 11 term gopher tortoise recipient site for transport of all recovered tortoises off site. Any recipient site fees for the relocation will be paid directly by the COUNTY. The COUNTY or its designated construction CONTRACTOR will be responsible for all underground utility locates to be clearly marked within 25 feet of the proposed construction areas prior to gopher tortoise relocation. Task 6.5 At the request of FWC, a CONSULTANT GTAA will coordinate and attend a confirmation site visit prior to permit approval. As -needed services for additional fees can include updated gopher tortoise burrow re -survey if the initial 100% burrow survey ages and exceeds 90 days prior to construction. In addition, on -call inspections of the project site during construction and exclusionary fence inspections in the event of tortoises re- establishing within the project corridor during construction may also be provided. Task 6.6 Following the relocation efforts, the CONSULTANT will prepare a FWC-required after - action report summarizing gopher tortoises captured/relocated, as well as any commensal species requiring relocation. Task 6.7 While the existing ITP COL-36 has no expiration date, the new Conservation permit required for relocation of the impacted tortoises off -site will have a permit period limit of one-year. In the event gopher tortoises are found within the construction area after the initial relocation effort but before the conclusion of the proposed project construction, and within that one year time limit, the CONSULTANT will resurvey necessary areas and prepare and submit the required documentation to request an extension for relocation of additional tortoises within the originally designated construction area for an additional year. Task 7: Resident Project Representative (RPR) Services Under this task, the CONSULTANT will provide on -site Resident Project Representative (RPR) services for the PROJECT. The RPR shall serve as the liaison between the COUNTY, the ENGINEER, and the CONTRACTOR throughout the PROJECT. The foremost duty of the RPR is to observe construction for general conformance with the Contract Documents. The RPR will be responsible for reporting to the Project Manager, the ENGINEER, the Airport, and/or COUNTY when observing work that is unsatisfactory, faulty, defective, or does not conform to the Contract Documents. The RPR will be responsible for rejecting such work as agreed upon with the COUNTY and the EOR. The duties of the RPR will include: • attend the pre -construction conference • coordinate the CONTRACTOR's mobilization to the site • collect and log shop drawings, RFI's, RFC's, pay requests, correspondence, etc. Page 6 of 11 • inspect and monitor CONTRACTOR activities and construction schedule and coordinate activities with the COUNTY and Airport Tenants • Review the CONTRACTOR's Phasing and Paving plan, and project communications, pavement plan and site clean-up procedures • Attend pre -paving Conference and placement of test strip • maintain a daily construction log to include when the CONTRACTOR is on the job site, weather conditions, changed conditions, list of visitors, testing activities/procedures and general observations • attend weekly progress meetings • review and approve CONTRACTOR's pay requests • take project progress photographs • monitor CONTRACTOR's Quality Control Plan • administrate Change Orders as necessary • organize, prepare for, and lead the substantial completion and final inspections • assist the ENGINEER in creating the CONTRACTOR's punch list of unfinished items • verify the CONTRACTOR's completion of the punch list • collect the CONTRACTOR's as -built information • assist the ENGINEER in preparing the final closeout documentation • assist the ENGINEER in certifying the completion of the project to general conformance with the Contract Documents • Report any deviation from the contract documents or whether it is believed that work is unsatisfactory, faulty or defective • Coordinate the quality assurance sampling and testing of materials and work to be performed by independent testing laboratories The Resident Project Representative shall have limited authority on site as follows: • Shall not authorize any deviation from the construction Contract Documents or substitution of materials or equipment. • Shall not exceed limitations of Owner or ENGINEER as set forth in the construction Contract Documents. • Shall not undertake any of the responsibilities of the CONTRACTORs, SUBCONTRACTORs, or CONTRACTOR's superintendents. • Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the construction Contract Documents. • Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the CONTRACTOR's work. • Shall not accept shop drawings or sample submittals from anyone other than the CONTRACTOR. • Shall not authorize the Owner to occupy the Project in whole or in part. • Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized. Page 7 of 11 The contract documents allow 135 calendar days from notice to proceed to substantial completion of construction plus an additional 30 calendar days for project closeout. This equates to 24 weeks of contract time. To best serve the PROJECT, it is assumed that there will be one (1) RPR half-time on site for six (6) months. An additional inspector may be required on -site during peak construction activities including, but not limited to, extended paving operations and might work. The assigned RPR will serve half-time, or two and a half (2'/5) days a week, on the PROJECT. The RPR effort related to the Runway 18-36 Rehabilitation will be included in a separate scope and fee. Task 8: DBE and Prevailing Wage Rate Monitoring and Compliance The CONSULTANT will track and monitor the DBE and prevailing wage rates for the PROJECT on an ongoing basis and ensure compliance with the Contract Documents, Task 9: FAA/County Coordination and Grant Management The CONSULTANT will assist the COUNTY on coordination with the various agencies on project funding grant terms, conditions, and assurances and other related coordination items as required during the construction of the PROJECT. Task 10., Preparation of Closeout and Record Documents Under this task, the CONSULTANT will assist the ENGINEER in preparing the project closeout documentation in accordance with COUNTY and FAA requirements. The following is a list of assumptions forming the basis of the CONSULTANT's cost proposal for providing the services detailed in the Scope of Services for this PROJECT. Any modification and/or revision to these basic assumptions will constitute a change in the project scope and may result in a revision to the CONSULTANT's cost proposal. 1. The COUNTY will provide office space in the existing terminal for full-time use by the RPR. RPR will take necessary measures to keep office space clean. 2, CONSULTANT shall consult with the ENGINEER and the COUNTY and act as the COUNTY's representative and advisor as provided for in the Contract Documents. The extent and limitations of the duties, responsibilities and authority of the CONSULTANT as assigned in the Contract Documents shall not be modified except as the ENGINEER and the COUNTY may otherwise agree in writing. 3. The fees for the provision of construction administration and RPR services are based on the construction duration for the project specified in the construction documents and an assumed level of staff effort as described above. In the event the construction duration is greater than estimated and specified herein, the Parties shall negotiate and amend this agreement to address any additional compensation based on the rates set forth in Schedule B. Page B of 11 err 4. CONSULTANT shall not be responsible for the acts or omissions of any CONTRACTOR, SUBCONTRACTOR, or supplier at the site or otherwise furnishing or performing any of the CONTRACTOR's work, 5_ CONSULTANT, in consultation with the County's Project Manager, shall have the authority to issue a stop work order to the CONTRACTOR when witnessing efforts that do not conform to the construction contract or that may in the judgment of the CONSULTANT jeopardize safety, This shall not relieve the CONTRACTOR of their responsibility to meet these requirements. 6. When recommending payment, CONSULTANT is only representing that the RPR has made visual checks on items installed in field. The CONSULTANT will only check the quality or quantity of CONTRACTOR's work as stipulated to the ENGINEER or RPR in the Contract Documents, 7, CONSULTANT's review of CONTRACTOR's work for the purposes of recommending payments shall not impose on CONSULTANT responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or CONTRACTOR(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. 8. CONSULTANT's review of CONTRACTOR's work for the purposes of recommending payments shall not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes any CONTRACTOR has used the moneys paid on account of the Contract Price; or to determine that title to any of the work, materials or equipment has passed to COUNTY free and clear of any lien, claims, security interests or encumbrances; or that there may not be other matters at issue between COUNTY and CONTRACTOR that might affect the amount that should be paid_ 9. The CONSULTANT shall have authority, as the COUNTY's representative, to require special inspection or testing of the work, and shall receive and review certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 10. No additional environmental wetlands permitting (federal and/or local) or mitigation will be required for construction of this project. Page 9 of 11 �.J 11. It will be the responsibility of the CONTRACTOR to obtain any permits necessary for construction. The CONSULTANT will not be applying for or obtaining any construction related permits. 12. The CONSULTANT shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the project site. 13. The COUNTY will pay all permitting fees associated with the gopher tortoise relocations. 14. All fees required by FWC for permitting as well as by the recipient site(s), if required, for long-term relocation will be paid directly by the COUNTY. If FWC has sufficient capacity at designated ITP-only recipient sites, there may be no charge for transfer of tortoises to these locations. Current Conservation Permit costs are based on the FWC's July 2019 Mitigation Contribution schedule of $217.00 for the first 5 tortoises and then $326.00 for each additional tortoise after the first 5 tortoises. If no ITP-only recipient sites are available at no charge, then a privately held long-term recipient will need to be used. Recent recipient site fees have averaged $1000-$1,400 per adult tortoise (juvenile tortoises between $600-$800). The highest possible estimate was used but actual costs may vary. With 57 known burrows, an estimated 32 tortoises would likely need to be relocated bringing FWC Gopher Tortoise Conservation permitting fees to an estimated $8,802 and recipient site fees, if needed, to an estimated $44,800. 15. The COUNTY and/or its Construction Management designee shall oversee the CONTRACTOR during construction to ensure exclusionary fencing is installed and maintained pursuant to FWC guidelines throughout Project duration, to prevent gopher tortoise re-entry into areas of active construction. The CONSULTANT can provide guidance on type and placement of silt fence to construction personnel if needed. 16. The actual number of tortoises requiring relocation may be more, or less than, anticipated and can vary between time of survey and relocation efforts depending on population pressure outside of proposed construction areas. 17. Labor fees do not include bucket trapping (or any other method of capture) and assumes a permit amendment will not be required. 18. Per FWC regulations, gopher tortoises may not be removed from their burrows unless the low temperature is above 50 degrees Fahrenheit for three consecutive days at the recipient site following the removal of the tortoise from its burrow. Every effort will be made to plan and coordinate burrow excavations during a period when the forecasted conditions meet these requirements. If conducting relocations during the winter months, it is possible, however, that excavation operations might have to stop due to unexpected drops in Page 10 of 11 temperature and then resume once temperatures meet the aforementioned requirements. 19. Mechanical excavation equipment (track -hoe) and operator can be provided by CONSULTANT at additional fees, unless the COUNTY and/or the CONTRACTOR is able to provide appropriate mechanical excavation equipment and operators. 20. If tortoise relocation operations are halted due to weather (including low temperature restrictions and inclement weather, e.g. thunderstorms), the track - hoes must remain on site and operators must be on stand-by to immediately resume operations again once the weather conditions are again suitable. Additional fees may apply for stand-by time. 21. This scope of services does not include preparation for or testimony during any mediation or litigation which might arise from disputes between the Owner and CONTRACTOR. Such preparation for or testimony during litigation or mediation, should it be necessary, shall be considered outside the scope of this contract. Page 11 of 11 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. Asa 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 SEE ATTACHED $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ $ Total Time and Materials Fee $ $ GRAND TOTAL FEE $ $ Page 19 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 TAXIWAY Tas4cslltem Description Lump Sum Time and Matorlals Not -To -Exceed 1 Project Adminialratlan and Coordination $ 21,600 $ 2 Weekly dealings and Ue Visits $ 65,070 $ 3 4 5 g 7 8 g !� 100 11 12 Shop Drawing Review Coardlnation Rospunsos to Contractor Bequests for Informu lan (RFI's) Coordination ContractorAppllcatlons for Payment Environmental Swvlces resident Project Representative (RPR) Services ME And Prevalling Wage Rate Monitoring and Compliance FANCounty Coordlnallon and Grant Managornont Preparation and Closeout and Record Documents Quality Assurance Tusting Rolmbursable Expanses $ B,420 $14,120 $6,190 $ 36,010 $ 67,640 $ 2,810 $ 4,360 $11.740 $ 28,500 $ $ $ $ $r $ $ $ $ $ $2,250 Total Lump Sum Fee - $256,540 Time and Materials Fee $ 2.250 - -Total TOTAL FEE 268,790 GRAND TOTAL FEE $795,520,00 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 the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ❑■ * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 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, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 13.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. 13 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. Page 22 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title EERINGI ARCH 1 PLANNING SERVICES PRINCIPLE SENIOR PROJECT MANAGER PROJECT MANAGER SR. ENG l ARCH 1 PLANNER IV SR, ENG ! ARCH ! PLANNER III SR. ENG ! ARCH 1 PLANNER II SR. ENG ! ARCH 1 PLANNER I ENG / ARCH 1 PLANNER II ENG IARCH IPLANNER I ENVIRa_MENTAL / ECOLOGICAL SERVIC SENIOR SCIENTIST II SENIOR SCIENTIST I SCIENTIST II SCIENTIST I TECHNICIAN CONSTRUCTION SERVICES Senior Construction Mana ment Ri _ Construction Mana ement Rep 11 Construction Management Rep 1 iIGN 1 DRAFTING / SUPPORT STAFF Clerical / Administrative Senior Designer 1 CAD Technician Desioner I CAD Technician Hourly Rate 235 200 180 145 125 105 125 115 �95 685 �75 !155 120 100 $95 120 i 100 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Fundpd Prplects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 i(No SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion Task/Item of Task from Date of Description Notice to Proceed 1 Project Administration and Coordination 275 (215 Construction Days plus 60 Days) 2 Weekly Meetings and Site Visits 275 (215 Construction Days plus 60 Days) 3 Shop Drawing Review Coordination 275 (215 Construction Days plus 60 Days) 4 Responses to Contractor Requests for 275 (215 Construction Days Information (RFI's) Coordination plus 60 Days) 5 Contractor Applications for Payment 275 (215 Construction Days plus 60 Days) 6 Resident Project Representative (RPR) 275 (215 Construction Days Services plus 60 Days) 7 FDOT/County Coordination and Grant 275 (215 Construction Days Management plus 60 Days) 8 Preparation and Closeout and Record 275 (215 Construction Days Documents plus 60 Days) g Quality Assurance Testing 275 (215 Construction Days plus 60 Days) 10 Reimbursable Expenses 275 (215 Construction Days plus 60 Days) Page 24 of 32 PSA_CCNA Single Project Agreement 2017.010 Vera SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the 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 $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes * No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ❑E 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, Page 26 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 5,0000,000 Per Occurrence, $ 5,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes ❑_ No 16. Aircraft Liability coverage shall be carried by 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? 0 Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 18. CONSTRUCTION MANAGEMENT ERRORS & OMISSIONS INSURANCE. Required by this Agreement? ❑■ Yes ❑ No Construction Management Errors and Omissions Insurance: Coverage shall have minimum limits of $ 3,000,000 19. CYBER INSURANCE. Per Occurrence. 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 include 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 Page 28 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Atkins North America. Inc. (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 a Construction Engineering and Inspection ,CEII Services for Immokalee Airport Runway 18-36, Taxiway C "project is accurate, complete and current as of the time of contracting. BY: wvu� ;_ LU� TITLE: vi OrC53 e t- DATE: ` 2 0 Page 30 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 rcl SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time DARIN LARSON PRINCIPLE 2% KEVIN MCCAULEY SR. PROJECT MANAGER 50% SCOTTY BAKOWSKI CLERICAL / ADMINISTRATIVE 50% MANNY BEJARANO SR. ENGINEER IV 15% JAVIER SUAREZ SR. ENGINEER I 10% LARRY WRIGHT SR. CONSTRUCTION MANAGER REP 5% TOMASZ TREBACZ CONSTRUCTION MANAGER RE 50% ANDREW SASS CONSTRUCTION MANAGER REP 1 20% Page 31 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Other: Federal Contract Provisions SCHEDULE G (Description) ❑■ following this page (pages 1 through 20 ) ❑ this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 EXHIBIT IA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 CONTRACTOR COMPLIANCE REQUIREMENT OVERVIEW The services performed by the awarded Contractor shall be in compliance with all applicable FAA 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. CONTRACT AND SOLICITATION CLAUSES (1-15 1. ACCESS TO RECORDS AND REPORTS 2 CFR § 200.333; 2 CFR § 200.336; FAA Order 5100.38 (Contract Clause 41.3 also applies to subcontracts.) CONTRACT CLAUSE A1.3 (Access to Records and Reports): The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 2. BREACH OF CONTRACT TERMS 2 CFR § 200 Appendix II(A) (Applies to contracts=1>$150,000.) CONTRACT CLAUSE A3.3 (Breach of Contract Terms): Any violation or breach of terms of this contract on the part of the Contractor or Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The County will provide the Contractor or Consultant written notice that describes the nature of the breach and corrective actions the Contractor or Consultant must undertake in order to avoid termination of the contract. County reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the County elects to terminate the contract. The County's notice will identify a specific date by which the Contractor or Consultant must correct the breach. County may proceed with termination of the contract if the Contractor or Consultant fails to correct the breach by deadline indicated in the County's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. FAA Guidelines for Contract Provisions far Obligated Sponsors and A!P Projects; Issued on Jame 19, 2018. Page 1 EXHIBIT 1A — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport improvement Program Projects (ATP) Grants CFDA 20.106 3. CIVIL RIGHTS - GENERAL 49 USC § 47123 CONTRACT CLAUSE A5.3.1(General Civil Rights Provisions): The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded frorn participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 1. CIVIL RIGHTS - TITLE VI ASSURANCE SOLICITATION CLAUSE A6,3.1 (Title VI Solicitation Notice): Collier County, in accordance with the provisions of Title VI of tlhe Civil Rights Act of 1964 (78 5tat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. CONTRACT CLAUSES A6.4.1 (Title VI Clauses for Compliance with Nondiscrimination Requirements): 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 (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4) Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. S) Sanctions for Noncompliance: in the event ofa Contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it F'AR Guldeh ter q Collfran? Prorisln+rs w' 0811 erred 5 nsa:v Gr el AIP P+n ecrs; 1 ar+ted r) Oulle 19. 20; 8. Page 1 EXHIBIT IA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6) Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. CONTRACT CLAUSES A6.4.5 (Title VI List of Pertinent Nondiscrimination Acts and Authorities): During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • 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); • 49 CFR part 21 (Non-discrimination in Federally -Assisted Programs of The Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964); • 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); • 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 of 1990, 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 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination 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; FAA Guidelines for• Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June I9, 2018. Page 3 EXHIBIT IA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Iimited 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). 4. CLEAN AIR AND WATER POLLUTION CONTROL 2 CFR § 200, Appendix II(G) (Applies to all contracts and subcontracts that exceed $150,000.) CONTRACT CLAUSE A7. 3 (Clean Air and Water Pollution Control): Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 125I-1387). The Contractor agrees to report any violation to the County immediately upon discovery. The County assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150, 000. 5. DEBARMENT AND SUSPENSION 2 CFR part 180 (Subpart C); 2 CFR part 1200; DOT Order 4200.5 (Applies to contracts and subcontracts of $25, 000 or more SOLICITATION CLAUSE A11.3; Al 1.3.1 (Certification of Offerer/Bidder Regarding Debarment): By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. LOWER TIER CONTRACT CERTIFICATION Al 1.3.2 (Certification of Lower Tier Contractors Regarding Debarment): The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction', must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: i. Checking the System for Award Management at website: http://www.sam.gov. ii. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above. iii. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. 6. DISADVANTAGED BUSINESS ENTERPRISE 49 CFR part 26; 49 CFR § 26.53 REQUIRED PROVISIONS Al2.3; SOLICITATION LANGUAGE Al2.3.1 (Solicitations that include a Project Goal): Information Submitted as a Matter of Bidder Responsiveness FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June I9, 2018, Page 4 EXH1131T lA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 The County's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. As a condition of bid responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (a,) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (a.) to meet the Owner's project goal; and 5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. information Submitted as a Matt r f Bidder RespQnsibiLUt The County's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53, The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in its commitment within five. days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firiv listed under (f.) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (f.) to meet the County's project goal; and 5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR pail 26. SOLICITATION LANGUAGE Al2.3.2 (Race/Gender Neutral Means): The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Collier County Airport Authority, as owner of the Collier Courtly General Aviation Airports, to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. Collier County encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders, including those who qualify as a DBE, A DBE contract goal of 4.2 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. The bidder will be required to submit the following information with their proposal on the forms provided herein: (1) The names and addresses of DBE firms that will participate in the contract; (2) A description of the work that each DBE firm will perform; (3) The dollar amount of the participation of each DBE firm participating; (4) Written documentation ofthe bidder's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); (6) If the contract goal is not met, evidence of good faith efforts. PRIME CONTRACTS Al2.3.3 Pro ects Covered by a DBE Program Contract Assu['ance (§ 26.13) FA 4 GtrideHnss aP C001f11GIP1 PI u+ Isions or 06ll pled S nlod AIP Projects, Issnred on J�nre 19. 2018. P 4 5 }onsw's EXHIBIT IA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of 'DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from Future bidding as non -responsible. Prompt Payment Mechanisms (§26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contract receives from the Authority. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed, Any delay or postponement of payment from the above referenced time frame may occur only for good cause fol lowing written approval of the Authority. This clause applies to both DBE and non -DBE subcontracts. F )qda De artment of Transporiagion DBE Cord rcallon Re uirements or FAA Grant Funded ftQlects Directory (§26.31) The Authority uses the Florida Unified Certification Program (FL UCP) DBE Directory, maintained by the Florida Department of Transportation ()~DOT). The Directory lists the firm's name, address, phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. In addition, the Directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work, The Florida Department of Transportation updates the Directory at least annually, and periodically, as necessary. The Directory is available for review by contacting; Justin Lobb, Airport Manager, Collier County Airport Authority, 2005 Mainsail Drive, Suite I, Naples, FL 34114, 239-642-7878, The Directory may be found at Iittp://www.dot.state.fl.LIS/eqUUIGRUOIALinityofflce/ Certification Process (§ 26.61—26.73) The Authority will refer all matters pertaining to certification to the Florida Department of Transportation in accordance with the Florida UCP program, The Florida Department of Transportation will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as DBEs in USDOT-assisted contracts. 'ro be certified as a DBE, a firm must meet all certification eligibility standards. The Florida Department of Transportation will make all certification decisions based on the facts as a whole. For further lnformalion about the eer•tificallon process or• to apply foi, certificmion, firms should contact, Florida Department of Transportation (FOOT) Equal Opportunity Office 605 Suwannee St. M5 65 Tallahassee, Florida 32399-0450 (850)414-4747 Equal Opportunity Office htip://www.dot.state.fl.us/cqtialappot-tunilyoFrice/ County Administrative Reconsideration (§26.53(d)) Fir.! C;niderirres 2tC01FIraer Provisionsfar, ohh wed ' onsorsand A!P Projects; rssuedoir And 19, 2018, Page 6 EXHIBIT 1A — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 Within ten (10) days of being informed by the Authority that it is not responsive because it has not documented sufficient good faith efforts, ts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Cone Shue, Operations Support Director, Collier County Airport Authority, 2885 S. Horseshoe Drive, Naples, FL 34104, 239-252-5169. 'The reconsideration official will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or, argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to rneet in person with the Authority's administrative reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so, The result of the reconsideration process is not administratively appealable to the US Department of Transportation. 7. DISTRACTED DRIVING Executive Order 13513, DOT Order 3902.10 (,applies to all AIP funded contracts and subcontracts exceeding $3,SOO.) CONTRACT CLAUSE A13.3 (Texting When Driving): In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (1011/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the County encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project, S. ENERCV CONSERVATION REQUiREMENTS 2 CFR § 200, Appendix 11(H) (Applies to subcnniracts.) CONTRACT CLAUSE A14,3 (Energy Conservation Requirements): Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 620 let seq). 9. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 29 U.S.C. § 201, et seq SOLICITATION CLAUSE A17,3: All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR pant 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The Fl-SA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers, The Contractor or Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor or Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor - Wage and Hour Division rifA G»tdelinrs ar Ca1111-a t Provi,riatrr or Obligated S riser's arrd AIP Pry ects; 1ssNcd ort Pow 19, 2018. Pop 7 EXHIBIT lA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport tmprovernent Program Projects (AIP) Grants CFDA 20.106 10. LOBBYING AND iNFLUENCING FEDERAL EMPLOYEES 31 U.S.C, § 1352 — Byrd Anti -Lobbying Amendment; 2 CFR part 200; Appendix il(J); 49 CFR part 20; Appendix A (Applies to cono-acts and subcontracts—/>9100,000-) CONTRACT CLAUSE A18.3 (Certification Regarding Lobbying): The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an 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 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 Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award d❑cements for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, 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. 11. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 20 CFR part 1910 (Applies to contracts and subconlracrs.) CONTRACT CLAUSE A20.3: All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer, hereinafter known as "the Contractor," must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR fart 1910), Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and 1 Iealth Administration. 12. TAX DELINQUENCY AND FELONY CONVICTIONS Sections 415 and 416 of Title iV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts. DOT Order 4200.6 (.4pplies to all contracts funded in whole or part K41hAIR) FAA Gaidefines or Coneracr F.r Osfaos or Obligated 3 mtisors and rl1P hu efts; Issued on Jutta 19, 2018, Pop, S ATKINS, A MEP,/IBER OF THE SNC-1..AVAI-IN GROUP Collier County Solicitation 20-7726 EXHIBIT IA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 CONTRACT CLAUSE A24.3 (Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions): The Contractor must complete the following two certification statements. (SEE SEPARATE CERTIFICATION DOCUMENT) The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response. (A separate form is provided for the certification.) The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that it is ( ',) is not (M) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not (M) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. N ote If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense detined in a section of the U.S, code that specifically classifies the offense as a felony and conviction ref an offense that is classified as a felony under 18 U.S.C. C 3559, Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed. and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 13, TERMINATION OF CONTRACT 2 CFR § 200 Appendix II(B); FAA Advisory Circular 150/5370-10; Section 80-09 (Applies to all contracts and subcontracts=/>S10,000.) CONTRACT CLAUSE A25.3, A25.3.1 Termination for Convenience: TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES) The County may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the County, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the County all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. County agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. FAA Guidelines for Contrac( Provisions fm-Obligated Sponsors and AlP Projects; Issued on June /9, 2018. Page 9 3/5/2020 3:25 PM t-ocal Experience 4 ` Cast -Effective ` o,lutions � ' Responsive Service p. 40 EXHIBIT IA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 County further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause, TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement, The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by County: The County may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by County approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the County all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. County agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. County further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the County determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the County issued the termination for the convenience of the County. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, County agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If County and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the County's breach of the contract. FAA Guidelines for Cona•aci Provisions for Obligated Sponsors and A1P Projects; Issued on June 19, 2018. Page 10 w�, EXHIBIT IA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 In the event of termination due to County breach, the Engineer is entitled to invoice County and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. County agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 14. TRADE RESTRICTION CERTIFICATION 49 USC § 50104; 49 CFR part 30 (Applies to all AIP funded projects.) SOLICITATION CLAUSE A26.3 (Trade Restriction Certification): By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror — 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and 3) has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the County if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; 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 provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19, 2018. Page 11 EXHIBIT lA — FEDERAL CONTRACT PROVISIONS (FAA) FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA, 20.106 This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the County cancellation of the contract or subcontract for default at no cost to the County or the FAA. 15, VETERAN'S PREFERENCE 49 USC § 47112(c) CONTRACT CLAUSE A27.3 (Veteran's preference): In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112, Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates, frJ11 Guidellnes 2rConlraal Yrarisiarrr a! Qblf nredSpalrsp+.FalydAI1P Projecta; lamedwnJune 19, 2018• Pe it EXHIBIT 1 B GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH BID SUBMITTAL, TO BE CONSIDERED RESPONSIVE. GCA-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions GCA — 3 Certification Regarding Tax Delinquency and Felony Convictions GCA-4 Anticipated Disadvantaged, Minority, Women or Veteran Participation Statement GCA— 5 Sid Opportunity List for Commodities and Contractual Services and Professional Consultant Services GCA-6 Conflict of Interest GCA-7 Disclosure of Lobbying Activities GCA— S Grant Acknowledgement of Terms and Conditions GCA-1 ATKIN'_,, A MEMBER OF THE SNC-I...A`J,AL-IN GROUP Collier County Solicitation 20-7726 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Darin R. Larson, PE, LEED AP Name Vice President Title Atkins North America Inc. Firm 1514 Broadway Suite 202 Fort Myers FL 33901 St et Address, ty, State, Zip Signature 360768811 DUNS Number 59-0896138 Tax ID Number GCA-2 3/5/2020 3:25 PM ?nence j Ci,"Y,31-E'tfectl e I.>Olu(it:)ns � P s, 'n; ive S(?I VL`;C 03/04/2013-(3) 1 p. 45 °�— .J 112 ATKIFIS, A MEiv1EF; OF TIIE SNC..l._AVAI._IN GROUP Collier County Solicitation 20-7726 EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS (Reference: Pub. L. 113-76, DOT Order 4200.6) The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that it is (❑ ) is not (❑✓ ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is (❑ ) is not (❑✓ ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for ollecting the x 0`__R liability. Signature April9 2020 Date Darin R. Larson PE LEED AP Vice President Title GCA-3 3/5/2020 3:25 PM p. 46 r-Z,'7 &'� �•- �� l a al Experience � Cost E ffective Solutions � � Responsive Service `,i s A.TKINS. A (vIEk/l 1B rR OF T I I E SN0-LAVAL-II'll G R 0 U P Collier County Solicitation 20-7726 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source documentation that validates a status. Contractor means an entity that receives a contract. A. VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Atkins North America, Inc. 59-0896138 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y NO IS THE ACTIVITY OF THIS CONTRACT, MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y CD CONSTRUCTION? Y NO (DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y O CONSULTATION? YO N ADMINISTRATION? OR A SERVICE DISABLED VETERAN? WBE? Y O OTHER? OY N SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES, REVISION NUMBER N/A DBE, MBE, WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE PERCENT OF CONTRACT VET, SMB8A NAME SPECIALTY DOLLARS (See Below)M;42% DBE Lomski Engineering and Construction NMW Testing, Inc. Materials TestinDBE E.F. Gaines Surveying Surveying NMW5i Services, Inc. N/A NAME OF SUBMITTER DATE I I I Le Ut' bUb l I I M Darin R. Larson, PE, LEED AP April 9, 2020 Vice President EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER darin.larson@atkinsglobal.com 239.271.3411 239.334.7277 NOTE: This Information is used to track and report anticipated DBE or MBE participation In federally -funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE Black American BA Hispanic_ American HA _ Native American NA Subcont. Asian American SAA Asian -Pacific American APA Non -Minority Women NMW Othen not of any other group listed O I DEPARTMENT NAME I COLLIER CONTRACT N (IFB/RFP or PO/REQ) I GRANT PROGRAM/LUN I KAL I ACCEPTED BY: I DATE 3/5/2020 3:25 PM GCA-4 p. 47 �<:, a ;. i L L )Cci� �,(periC'.nce Cost Effectiv Solutll,)ns �� _� Responsive f ?�'111CC �'c� e.1 114 ATKIN"'. A M E M ER OE T1-1E SNC- LAVALIN GROUP Collier County Solicitation 20-7726 EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES I ta r-MiC"n`Td PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES "t is the Policy aJColdier counrl^ "hot disadvontaged businesses and m:�?or/ty vendors, os defrned in the Cou''e of Fadema Reytuiotions (CFR) or Fiaridastcrutes(PS,musthavetheoppottunitl-to ort.eioa?eoncontractsu;th ederolcrw'!'arstate rontassistonce. Prime contractor/Prime Consultant: Atkins North America, Inc. 1514 Broadway, Suite 202, Fort Myers, FL 33901 Address anti Phone Number: 239.271.3411 RPS No.: 20-7728 Procurement Number/Advertisement Number: CEI Services for Immokalee Airport Runway 18-36, Taxiway C The list below is intended lobe a listing of firms that are; or attempting to, participate on the project numbered abaee. The list must indude the firm bidding or quoting as prime, as erell as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1,, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and B. This form must be submitted with the bid package. 1. Federal Tax ID Number: 59-0698138 6, DBE B. Annual Gross Receipts 2. Firm Name: Atkins North America Inc Non -DBE Less than $1 million 3. Phone Number: 239.271.3411 Between $ 1-5 million 4. Address 1514 Broadway Between ; 3-10 million 7, Subcontractor Betvieen ; 10-15 million Suite 202 Fort Myers FL 33901 Subconsultant 77More than 5 13 minion 5. Year Firm Established: 1960 J. Federal Tax ID Number* 26-4521129 6. ✓ DBE S. Annuat Gross Receipts 2. Firm Name: Lomski Engineering and Testing, Inc. Non -DBE Less than ;1 million 3. Phone Number: 941.979.5744. ✓ Between $ 1-5 million 4. Address 17210 Toledo Blade Blvd. Between $ 5-10 million Port Charlotte FL 33954 7. e Subcontractor Between S 10-15 million Subconsuitant More than 5 15 million S. Year Firm Established: 2009 1. Federal Tax ID Number 043653931 6. DBE a.. Annual Gross Receipts d. Firm Name: E.F. Gaines Surveying Services, Inc. Non -DBE ✓ Less than 1 million 3. Phone Number: 239.418.0126 Between; 1-5 million 4. Address 5235 Ramsey Way Ste 10 5 5.1D million Fort Myers, FL 33907 7. Subcontractor _Between Between $ 10-15 million ✓ Subconsuitant More than 5 15 million 5. Year Firm Establishedr. 2002 J. Federal Tali ID Number 6. a DBE 8. Annual Gross Wefpts 2. Firm Name: Non -DBE Less than $1 million 3. Phone Number: Betvieen S 1-5 million 4. Address Between$ 3-10 million ttt------rrr 7.1 I Subcontractor Between; 10-15 million Iu—I Subconsuhant More than 5 13 million 5. Year Firm Established: GCA-5 3/5/2020 3:25 PM p. 48 � i Lacal L—x(-erience �q C,uSt f.ffE.'Ctive ; olutioni, 1 R, [Zesporisive Set rvjce �� ,% 115 ATKINS, A MEMBER OF TI--IE SNC-i._AVAI..lN GROUP Collier County Solicitation 20-7726 COLLIER COUNTY Conflict of Interest Certification 20-7726 Collier County Solicitation No. I Darin R. Larson, PE, LEED AP , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Darin R. Larson PE LEED AP Name Signature Vice President April 9 2020 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Pant 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch -wide Privacy Act system of records. GCA-6 3/5/2020 3:25 PM p. 49 J. _. ��i LoO'c1) f.=;ODE}rienc� ] �.OS1 f._iTFiCtIVE' �'�C1iUtI0IlSi �� Responsive Sl)t:,f1SIV( tiiEi"VI H � o�j 116 ATKIP,lS, A tvlEivllBIP OF THE SNC-LAVAL_IN1 GRC)UP Collier County Solicitation 20-7726 COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge, that: (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 an 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 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 Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995), 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 Contractor, Atkins North America, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 380I et seg., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this c tcation apl i closure, if any. U`— Signature of Contractor's Authorized Official Darin R. Larson, PE, LEED AP Vice President Name of Authorized Official and Title April9 2020 Date GCA-7 3/5/2020 3:25 PM �;� ia)Ci]I E-XI? ri ;I1CF? Cost -Effective Solutions 02/18 R7 p. 50 -- c �� o.J 117 ATKINS, A MEN/MER OF THE SNC-I_AVAL_IN GROUP Collier County Solicitation 20-7726 EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES ACKNOWLEDGEMENT OF TERMS, CONDITIONS AND GRANT CLAUSES Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Namp, Atkins Nortl Authorized Signature �`"R Address 1514 Broadway Suite 202 Fort Myers FL 33901 Solicitation/Contract # 20-7726 GCA-B 3/5/2020 3:25 PM Date April 9, 2020 P. 51 Expe'riencl? CL j (,Gist Fff2CtIV( .`.iGilJr[01'i::; (� � ICE? I)OCl IVf }i.'I"VIC; 40J �/ `-