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Agenda 05/26/2015 Item #16E 7
5/26/2015 16.E.7. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid #15-6380 Original Equipment Manufacturer (OEM) and Aftermarket Parts for Fleet parts, accessories, and tools to: Capri Lawn and Garden, Naples Armature Works, Sam Galloway Ford, Sunbelt Automotive, Southeast Power Systems of Fort Myers, Tamiami Ford, Tampa Truck Center, LLC d/b/a Fort Myers Freightliner, TPH Acquisition, LLP d/b/a The Parts House, Uni-Select USA, Inc.; and to waive the Purchasing Ordinance for purchases from Gillig, LLC, for bus parts, including but not limited to mechanical, body, glass and window assemblies pending a new solicitation. OBJECTIVE: To facilitate continuous availability of County vehicles and equipment for public services during normal operations and during emergency conditions. CONSIDERATIONS: The Collier County Fleet Management Division maintains over 2900 County vehicles and equipment items manufactured by over 75 different companies. Multiple vendors are necessary to meet the frequent need for parts, accessories and tools that can come only from regional distributors, dealerships or providers of specialty items. The County requires both OEM (original equipment manufacturer) and aftermarket parts. Bid solicitations were posted by the Procurement Services Division on January 16, 2015. Notices were forwarded to 1,038 vendors, and 40 vendors downloaded bid packages. Ten (10) responses were received February 5, 2015; with one (1) bid (Wallace International Inc.) was deemed non-responsive for failure to complete and submit required grant forms. Products and services bid by the remaining vendors are needed by Fleet Management to maintain and support County vehicles and equipment. Bid award is recommended by Purchase Order in the following categories according to the lowest qualified bids submitted: • Aftermarket Automotive and Small Truck Parts: Uni-Select USA, Inc.—Primary Vendor TPH Acquisition LLP d/b/a The Parts House—Secondary Vendor Sunbelt Automotive—Tertiary Vendor • Aftermarket Heavy Trucks, Heavy Equipment, Buses Parts: TPH Acquisition LLP dba The Parts House—Primary Vendor Sunbelt Automotive—Secondary Vendor • Aftermarket Electric Engine, Pump, and Hydraulic Parts: Naples Armature Works—Primary Vendor • OEM Heavy Trucks, Heavy Equipment, Buses Parts: Tampa Truck Center, LLC d/b/a Fort Myers Freightliner — (Freightliner, Sterling, Western Star, and Sprinter Trucks; Detroit Diesel, Mercedes, Caterpillar, and Cummins Engines)- Primary Vendor(s) Southeast Power Systems of Fort Myers (Cummins Engines Only) — Secondary Vendor • OEM Automobile and Small Truck Parts: Sam Galloway Ford (Ford) —Primary Vendor Tamiami Ford (Ford) - Secondary Vendor Packet Page-859- 5/26/2015 16.E.7. • OEM Small Engine Equipment: Capri Lawn and Garden (Toro, Ariens/Gravely, Husqvarna, Cub Cadet, MTD, SCAG, Dixie Chopper, Walker Mfg., Stihl, Echo, Shindiawa, Murray, Briggs & Stratton, Kohler, Kawasaki, Billy Goat, Bear Cat, Carlisle Tire, Interstate Battery, Stens, Rotary)—Primary Vendor • Supplies, Tools, &Accessories: TPH Acquisition LLP dba The Parts House—Primary Vendor Sunbelt Automotive—Secondary Vendor Uni-Select USA, Inc.—Tertiary Vendor Purchases from secondary vendors may be made when primary vendors cannot deliver the desired products within the time periods stipulated in the bid specifications. Purchases from tertiary vendors may be made when secondary vendors cannot meet time specifications. Since no bids were received from Gillig LLC or Gillig authorized suppliers staff requests authorization to continue with purchases from-te the current supplier, Gillig, LLC. until a new solicitation is conducted and a contract is awarded by the Board. Staff requests that the Board authorize a waiver of Purchasing Ordinance (Section 9B) for individual purchases which are made, and that may aggregate beyond the formal competitive threshold for Gillig bus parts, including but not limited to mechanical, body, glass and window assemblies. These purchases are to repair the bus fleet and ensure continuity of service of the CAT bus fleet, compliance with the grant requirements, and continued service to the community. This specific request is to allow for cumulative purchases that fTh may exceed the formal competitive threshold ($50,000) to ensure uninterrupted continued operations pending the award of a new contract. FISCAL IMPACT: Funds for maintenance and repair parts are budgeted in the Fleet Management Administration, Fund 521, operating budget. Historically, the County has spent$180,000 annually on the types of parts being awarded. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. LEGAL CONSIDERATION: This item has been approved as to form and legality and required majority vote for approval.-CMG RECOMMENDATION: That the Board of County Commissioners awards Bid 15-6380 OEM and Aftermarket Parts for Fleet Management as stated in the considerations above to: Capri Lawn and Garden, Naples Armature Works, Sam Galloway Ford, Sunbelt Automotive, Southeast Power Systems of Fort Myers, Tamiami Ford, Tampa Truck Center, LLC d/b/a Fort Myers Freightliner, TPH Acquisition, LLP d/b/a The Parts House, Uni-Select USA, Inc. and waives the Purchasing Ordinance for purchases of Gillig, LLC, for Fleet Management repair parts, accessories, and tools. PREPARED BY: Daniel A. Croft, Division Director, Fleet Management Packet Page-860- 5/26/2015 16.E.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.7. Item Summary: Recommendation to award Invitation to Bid#15-6380 OEM and Aftermarket Parts for Fleet to: Capri Lawn and Garden, Naples Armature Works, Sam Galloway Ford, Sunbelt Automotive, Southeast Power Systems of Fort Myers,Tamiami Ford, Tampa Truck Center, LLC d/b/a Fort Myers Freightliner, TPH Acquisition, LLP d/b/a The Parts House, Uni- Select USA, Inc, and to waive purchases to Gillig, LLC, for Fleet Management repair parts, accessories, and tools. Meeting Date: 5/26/2015 Prepared By Name: MenendezMario Title: Operations Analyst, Senior,Fleet Management 5/5/2015 4:42:27 PM Submitted by Title: Operations Analyst, Senior, Fleet Management Name: MenendezMario 5/5/2015 4:42:29 PM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Department Date: 5/7/2015 2:12:36 PM Name: pochopinpat Title: Administrative Assistant, Administrative Services Department Date: 5/11/2015 10:33:44 AM Name: pochopinpat Title: Administrative Assistant, Administrative Services Department Date: 5/12/2015 12:03:35 PM Packet Page -861- 5/26/2015 16.E.7. Name: CummingsRhonda Title: Procurement Specialist, Administrative Services Department Date: 5/12/2015 1:15:10 PM Name: JohnsonScott Title: Manager-Procurement,Administrative Services Department Date: 5/12/2015 1:44:34 PM Name: MarkiewiczJoanne Title: Division Director-Purchasing&Gen Svc,Administrative Services Department Date: 5/12/2015 4:05:30 PM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 5/13/2015 3:43:08 PM Name: PriceLen Title: Department Head-Administrative Svc, Administrative Services Department Date: 5/13/2015 4:01:13 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 5/13/2015 4:36:04 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/14/2015 9:36:55 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 5/14/2015 6:45:13 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/15/2015 2:28:37 PM Packet Page -862- $m i 5/26/2015 16.E.7. 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Post Office Box 3008 'Luc Hayward,CA 94540-3008 (510)785-1500 April 30,2015 Stephen Hayes Collier County Fleet Management 8300 Radio Road Naples, Florida 34104 Re: Original Equipment Proprietary Parts Dear Mr. Hayes Gillig LLC, as an Original Equipment Bus Manufacturer,has proprietary items not purchasable through outside organizations. Due to design confidentiality,patents pending,proprietary tooling and special agreements, these products are available as Original Equipment solely through Gillig's Parts division. Such products include: • Interior/Exterior Body Parts including fenders and panels • Molded/Extruded Components (Fiberglass/Rubber/Aluminum) • Chassis Components • Suspension Fabricated Product • General fabricated/manufactured product by Gillig LLC • Certain glass/window assemblies Should you have any questions or concerns,please feel free to contact me. Sincerely, Eiji Kinoshita Director of Sales,Aftermarket Parts EK: Packet Page -868- 5/26/2015 16.E.7. Cot ie-r Comity Administrative Services Division Procurement Services GRANT FUNDED INVITATION TO BID Date: January 16, 2015 From: Rhonda Cummings, CPPB, Procurement Strategist (239) 252-8941 (Telephone) (239) 252-6700 (FAX) RhondaCummings©colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 15-6380 OEM and Aftermarket Parts for Fleet As requested by the Fleet Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Mike Burks, Operations Analyst, Fleet Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copies, including all required forms. f rccarniert Series C aplrtmen•3327 Tam aas Trail'cast•Nrples,flartda 34112-001•vorm co•hsrgos aaEpurchasins #XX-XXXX 1 ITB Template_10202014 Packet Page -869- 5/26/2015 16.E.7. Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit IA: Federal Transit Administration Provisions 10 Exhibit III: Standard Purchase Order Terms and Conditions 16 Exhibit IV: Additional ITB Terms and Conditions 19 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 25 Attachment 2: Vendor's Check List 26 Attachment 3: Vendor Submittal - Bid Response Form 27 Attachment 4: Vendor Submittal—Local Vendor Preference Affidavit 29 Attachment 5: Vendor Submittal—Immigration Affidavit 30 Attachment 6: Vendor Substitute W—9 31 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 32 Attachment 8: Grant Forms 52 #xx-xxxx 2 ITB Template_10202014 Packet Page -870- 5/26/2015 16.E.7. Cover County Administrative Services Division Procurement Services Public Notice Sealed bid responses for Solicitation 15-6380 OEM and Aftermarket Parts for Fleet will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM, Collier County local time on February 5, 2015. Solicitation responses received after the stated time and date will not be accepted. Solicitation 15-6380 There will be no Pre-Bid Conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only .-. available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on January 16, 2015. #xx-xxxx 3 ITB Template_10202014 Packet Page-871- it 5/26/2015 16.E.7. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Fleet Management Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Collier County is seeking responses from qualified vendor(s) to provide Original Equipment Manufacturer (OEM) and Aftermarket parts for Collier County Fleet Management and who will provide prompt and efficient service to the County. Historically, County departments have spent approximately $180,000 annually. Background Parts are needed to maintain equipment inventory. Detailed Scope of Work • The solicitation will be divided into two sections. The first section includes a total of 149 products that require the discount off the list price. The bidder must identify the source of the price/discount quoted. Section 2 is divided into Heavy Trucks, Heavy Equipment , Buses; Automobile and Small Trucks; Supplies; Tools, Accessories, and OEM parts. • Vendors may bid on any of the categories. • All parts must meet or exceed all OEM specifications and requirements. • All non-power hand tools provided under this contract shall carry a life-time 100% replacement warranty for breakage. • All other power and non-power tools shall have a minimum ninety (90) day full warranty. • Makes and brands commonly used by Collier County are listed on the quote sheet. Vendor shall indicate the discount or mark-up for each make/brand they carry along with the prices lists used for those items. • For those makes/brands not carried by vendor, enter N/A under the price list source column. • The specific items listed on the response form are representative of common items needed by the County, but are not inclusive of all purchase item requirements under this bid. • Actual purchase items will include all maintenance/repair parts, power & hand tools, supplies and accessories needed for automotive/equipment maintenance and repair by the brands and categories submitted by the vendor. Price Quotes • Price quotes must be made on all listed parts in each category, plus all items listed for tools, supplies and accessories on Vendor's Bid Schedule. • Price quotes shall reflect the net delivered prices based on current published price lists, less a firm fixed discount percentage. The resulting cost per item excludes shipping and handling charges with the exception of special order or next day air purchases. Trade-in discounts will be determined at the time of sale. #15-6380 Parts for Fleet Heavy and 4 Small Equipment" Packet Page -872- 5/26/2015 16.E.7. • The vendor shall be required to furnish a price list (printed, disk or flash drive) with its response. The price list shall provide descriptive literature, technical data and service information for the items offered. • Vendor shall maintain, and keep current, price lists used for this solicitation. All price lists shall be provided at no cost to the County. • The County shall be charged according to the bid price lists provided by the vendor, less any offered discounts. Definitions For the purpose of clarity, the following three definitions are provided: OEM Parts: Parts, assemblies or hardware installed by the original equipment manufacturer in a completed vehicle or equipment. Supplies: Items needed for successful repair shop operations not including parts or accessories such as fluids, lubricants, paints, coatings, cleaning materials, adhesives, binding materials, tethering materials, absorbent materials, decals, reflective materials, disinfectants and deodorizers. The examples are not all inclusive of what could be considered supplies. Accessories: Items that attach to or supplement a vehicle or equipment item that were not provided by the Original Equipment Manufacturers such as light bars, light sets, horns, mirrors, trailer hitches, tie downs, document holders, ladder racks, cabinets auxiliary fuel or water tanks, seat covers, computer or communications stands, tool boxes and storage containers. The examples are not inclusive of what could be considered accessories. Business Hours The Fleet Management Department's normal hours of operation are 7:00AM to 5:00PM, Monday — Friday excluding County holidays. Delivery • County stock orders shall be delivered by the vendor within twenty-four (24) hours after being ordered by the County. • Non-stock orders shall be delivered within twenty-four (24) hours of order. • Emergency parts orders shall be delivered within three (3) hours of order. The County shall determine when an emergency condition exists and shall notify the vendor or such. • Special order parts shall be delivered within twenty-four(24) hours of order time. Vendor may charge the County additional freight charges for overnight delivery requirements. No freight charges shall be more than that billed to the vendor. Vendor shall not establish minimum order criteria as a delivery conditions. When stated delivery times cannot be met, the vendor shall notify the Fleet Management Department (or other buyer) immediately. Delivery Location Delivery locations will be: Collier County Fleet Management Department #15-6380 Parts for Fleet Heavy and 5 Small Equipment" Packet Page-873- 5/26/2015 16.E.7. 2901 County Bard Road Naples FL 34112 4800 Davis Blvd Naples FL 34104 8300 Radio Road Naples FL 34104 Additional delivery times and locations will be identified by other governmental entities if they purchase from this contract. Packing Slip and/or Delivery Ticket The vendor shall enclose a complete packing slip or delivery ticket with any items to be delivered with this solicitation. The packing slip shall be attached to the shipping carton(s) that contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum the following information: • Purchase Order Number • Date of Order • Complete listing of items being delivered • Back-order quantities and estimated delivery date of back-orders if applicable and allowable The County's receiving representative has the authority to reject shipments that do not conform to this req uirement. Back Orders Back orders must be filled within five (5) business days. If vendor experiences a back order of items from its manufacturer or distributor, the vendor shall ensure that such back orders are filled within five (5) business days after the required delivery date. In these cases, the vendor must notify the County of these back orders in advance of the delivery date so appropriate steps can be taken by the County to prevent inadequate stock levels or stock-outs. It is understood and agreed, the vendor shall not invoice the County for back ordered items until such back orders are delivered and accepted by the County's authorized representative. It is understood and agreed that the County may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, and seek the items from another vendor. Product Recall Vendor(s) awarded contract(s) under this solicitation shall be required to notify the Collier County Purchasing Department and Fleet Management Department of any manufacturer's recalls regarding items ordered under said contracts. The vendor shall contact the Purchasing Department and Fleet Management Department by phone within two (2) hours of notification by the manufacturer and shall follow-up in writing within twenty-four(24) hours. Returns #15-6380 Parts for Fleet Heavy and 6 Small Equipment" Packet Page-874- 5/26/2015 16.E.7. .—. Parts, tools, supplies, or accessories found to be of inferior quality, defective or damaged in transit shall be replaced as the expense of the vendor. Parts, tools, supplies or accessories ordered in error and unused by the County shall be returned to the vendor and the vendor shall refund/credit the original price to the County. No restocking fees or surcharges shall be charged to the County, including obsolete and overstock parts. Invoicing Vendor invoices and credit vouchers must reference: • Purchase Order Number • Part number • Quantity • List Price from price list referenced in this bid. • Discounted or marked-up price for each part and supply item. Each invoice and credit voucher must bear a unique invoice number. Core Charges When applicable separate core charges are permissible, they shall be separate line items on the invoice. When a core is provided to the vendor by the County, a separate credit voucher will be issued by the vendor. Purchase of Other Items Not Listed on this Solicitation Based on Percentage Discounts While the County has listed some major items on the solicitation which are utilized by the County and/or departments in conjunction with their operations, there may be ancillary items that must be purchased by the County during the term of this contract. For this reason, vendors are requested to quote a percentage discount from the vendor's price list that will be offered to the County for items which do not appear on this solicitation. The County reserves the right to award these ancillary items to the successful vendor or another vendor based on the lowest actual price offered. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to multiple vendors with this solicitation so that it retains a multitude of OEM (Original Equipment Manufacturer) and Aftermarket representatives to provide parts for its vehicle and equipment fleet. #15-6380 Parts for Fleet Heavy and 7 Small Equipment" Packet Page -875- 5/26/2015 16.E.7. o The award will be made to the lowest qualified and responsive bidder in each category in Section 2. o Lowest bidder shall be determined by adding the bid prices of items in each category under Section 2. o All other qualified bidders shall be awarded as secondary and tertiary vendors. o A qualified bidder must be located in the Collier/Lee County areas and carry an inventory sufficient to immediately resupply parts and supplies normally carried in stock by the county, and be able to consistently meet the required delivery times as stated. o Purchases from secondary vendors may be made when the primary vendor does not have the desired part in stock or when the primary vendor cannot meet the required delivery time. o The County reserves the right to purchase parts from other vendors when OEM parts are required or when in the best interests of the County. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select multiple awardees based upon the vendors cumulatively offering the highest discount off of the list price of product. • The contract will be in the form of a standard County Purchase Order. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one year renewal options. To begin on the date of the Board Award. Revised Price Lists will be accepted at least seven (7) days prior to the effective date of the changes. Revised prices will not become effective until revised list(s) are submitted to the County Purchasing Department under vendor cover letter identifying the applicable contract agreement number and approved by both the Fleet Management Department and Purchasing Department. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice January 16, 2015 Last Date for Receipt of Written Questions January 27, 2015, 4:00 PM, Naples Local Time Addendum Issued Resulting from Written Questions TBD Solicitation Deadline Date and Time February 5, 2015, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals TBD Anticipated Board of County Commissioner's Contract February 2015 Approval Date Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form #15-6380 Parts for Fleet Heavy and 8 Small Equipment" Packet Page-876- 5/26/2015 16.E.7. • Attachment 4: Local Vendor Preference �-. • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement • Attachment 8: Grant Forms • E-Verify company profile page or memorandum of understanding • Excluded Parties List System Documentation located at: www.sam.gov, and select SEARCH. #15-6380 Parts for Fleet Heavy and 9 Small Equipment" Packet Page-877- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 The services performed by the awarded Contractor shall be in compliance with all applicable FTA 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. Box is Checked If Applicable ® 1.Fly America Requirements ® 2.Buy America Requirements-Sign Certification ❑ 3.Charter Bus and School Bus Requirements ® 4.Cargo Preference Requirements ❑ 5. Seismic Safety Requirements ® 6.Energy Conservation Requirements ® 7.Clean Water Requirements ❑ 8.Bus Testing-Sign Certification ❑ 9.Pre-Award and Post Delivery Audit Requirements-Sign Certification ® 10.Lobbying-Sign Certification • 11.Access to Records and Reports ® 12.Federal Changes ❑ 13.Bonding Requirements ® 14.Clean Air • 15.Recycled Products ❑ 16.Davis-Bacon and Copeland Anti-Kickback Acts ❑ 17.Contract Work Hours and Safety Standards Act 18. [Reserved] ® 19.No Government Obligation to Third Parties ® 20.Program Fraud and False or Fraudulent Statements and Related Acts ® 21.Termination ®22.Government-wide Debarment and Suspension-Sign Exhibit Certification ®23.Privacy Act ® 24.Civil Rights Requirements ® 25.Breaches and Dispute Resolution ❑ 26.Patent and Rights in Data ❑27.Transit Employee Protective Agreements ®28.Disadvantaged Business Enterprises(DBE) (TWO FORMS) Anticipated DBE Form and Bidders List ❑29. [Reserved] ®30.Incorporation of Federal Transit Administration(FTA)Terms ❑ 31.Drug and Alcohol Testing ❑ 32.ADA Access ❑33.ITS Standards ❑34.Dept of Labor EEO Provision Rev 1/14/15 1 Packet Page-878- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1. FLY AMERICA REQUIREMENTS provided under one of the exceptions must be "incidental," (Applies to subcontracts) i.e., it must not interfere with or detract from the provision of mass transportation. The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General 3. SCHOOL BUS REQUIREMENTS Services Administration's regulations at 41 CFR Part 301- Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, 10, which provide that recipients and subrecipients of recipients and subrecipients of FTA assistance may not Federal funds and their contractors are required to use U.S. engage in school bus operations exclusively for the Flag air carriers for U.S Government-financed international transportation of students and school personnel in air travel and transportation of their personal effects or competition with private school bus operators unless property, to the extent such service is available, unless qualified under specified exemptions. When operating travel by foreign air carrier is a matter of necessity, as exclusive school bus service under an allowable exemption, defined by the Fly America Act. The Contractor shall recipients and subrecipients may not use federally funded submit, if a foreign air carrier was used, an appropriate equipment,vehicles,or facilities. certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it 4. CARGO PREFERENCE REQUIREMENTS was necessary to use a foreign air carrier and shall, in any (Applies to subcontracts) event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include Use of United States-Flag Vessels-The contractor agrees: the requirements of this section in all subcontracts that may involve international air transportation. a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage 2. BUY AMERICA REQUIREMENTS (computed separately for dry bulk carriers, dry cargo liners, (Applies to subcontracts) and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying The contractor agrees to comply with 49 U.S.C. 5323(j)and contract to the extent such vessels are available at fair and 49 C.F.R. Part 661, which provide that Federal funds may reasonable rates for United States-Flag commercial vessels; not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the b. to furnish within 20 working days following the date of United States, unless a waiver has been granted by FTA or loading for shipments originating within the United States the product is subject to a general waiver. General waivers or within 30 working days following the date of leading for are listed in 49 C.F.R. 661.7, and include final assembly in shipments originating outside the United States, a legible the United States for 15 passenger vans and 15 passenger copy of a rated, "on-board" commercial ocean bill-of - wagons produced by Chrysler Corporation, and lading in English for each shipment of cargo described in microcomputer equipment and software. Separate the preceding paragraph to the Division of National Cargo, requirements for rolling stock are set out at 49 U.S.C. Office of Market Development, Maritime Administration, 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be Washington, DC 20590 and to the FTA recipient (through assembled in the United States and have a 60 percent the contractor in the case of a subcontractor's bill-of- domestic content. lading.) A bidder or offeror must submit to the FTA recipient c. to include these requirements in all subcontracts issued the appropriate Buy America certification pursuant to this contract when the subcontract may involve (Attachments) with all bids or offers on FTA-funded the transport of equipment, material. or commodities by contracts, except those subject to a general waiver. Bids or ocean vessel. offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. 5. SEISMIC SAFETY REQUIREMENTS This requirement does not apply to lower tier The contractor agrees that any new building or addition to subcontractors. an existing building will be designed and constructed in accordance with the standards for Seismic Safety required 3. CHARTER BUS REQUIREMENTS in Department of Transportation Seismic Safety The contractor agrees to comply with 49 U.S.C. 5323(d) Regulations 49 CFR Part 41 and will certify to compliance and 49 CFR Part 604, which provides that recipients and to the extent required by the regulation. The contractor also subrecipients of FTA assistance are prohibited from agrees to ensure that all work performed under this contract providing charter service using federally funded equipment including work performed by a subcontractor is in or facilities if there is at least one private charter operator compliance with the standards required by the Seismic willing and able to provide the service, except under one of Safety Regulations and the certification of compliance the exceptions at 49 CFR 604.9. Any charter service issued on the project. Rev 1/14/15 2 Packet Page-879- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 address of the recipient of such a vehicle and the details of 6. ENERGY CONSERVATION REQUIREMENTS that vehicle's configuration and major components. (Applies to subcontracts) 9. PRE-AWARD AND POST DELIVERY AUDITS The contractor agrees to comply with mandatory standards REQUIREMENTS and policies relating to energy efficiency which are contained in the state energy conservation plan issued in Pre-Award and Post-Delivery Audit Requirements -The compliance with the Energy Policy and Conservation Act. Contractor agrees to comply with 49 U.S.C. § 5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to 7. CLEAN WATER REQUIREMENTS submit the following certifications: (Applies to subcontracts OVER$10,000) (1) Buy America Requirements: The Contractor shall (1) The Contractor agrees to comply with all applicable complete and submit a declaration certifying either standards, orders or regulations issued pursuant to the compliance or noncompliance with Buy America. If the Federal Water Pollution Control Act, as amended, 33 Bidder/Offeror certifies compliance with Buy America, it U.S.C. 1251 et seq. The Contractor agrees to report each shall submit documentation which lists 1) component and violation to the Purchaser and understands and agrees that subcomponent parts of the rolling stock to be purchased the Purchaser will, in turn, report each violation as required identified by manufacturer of the parts, their country of to assure notification to FTA and the appropriate EPA origin and costs; and 2) the location of the final assembly Regional Office. point for the rolling stock, including a description of the activities that will take place at the final assembly point and (2)The Contractor also agrees to include these requirements the cost of final assembly. in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the 8. BUS TESTING bid specifications. Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing (3) Federal Motor Vehicle Safety Standards (FMVSS): The regulation at 49 CFR Part 665 and shall perform the Contractor shall submit 1) manufacturer's FMVSS self- following: certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified 1) A manufacturer of a new bus model or a bus produced statement that the contracted buses will not be subject to with a major change in components or configuration shall FMVSS regulations. provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient 10. LOBBYING which will be prior to the recipient's final acceptance of the first vehicle. Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, 2) A manufacturer who releases a report under paragraph 1 "New Restrictions on Lobbying." Each tier certifies to the above shall provide notice to the operator of the testing tier above that it will not and has not used Federal facility that the report is available to the public. appropriated funds to pay any person or organization for influencing or attempting to influence an officer or 3) If the manufacturer represents that the vehicle was employee of any agency, a member of Congress, officer or previously tested, the vehicle being sold should have the employee of Congress, or an employee of a member of identical configuration and major components as the vehicle Congress in connection with obtaining any Federal contract, in the test report, which must be provided to the recipient grant or any other award covered by 31 U.S.C. 1352. Each prior to recipient's final acceptance of the first vehicle. If tier shall also disclose the name of any registrant under the the configuration or components are not identical, the Lobbying Disclosure Act of 1995 who has made lobbying manufacturer shall provide a description of the change and contacts on its behalf with non-Federal funds with respect to the manufacturer's basis for concluding that it is not a major that Federal contract, grant or award covered by 31 U.S.C. change requiring additional testing. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the 11. ACCESS TO RECORDS AND REPORTS United States before October 1, 1988,and is currently being The following access to records requirements apply to this produced without a major change in configuration or Contract: components), the manufacturer shall provide the name and Rev 1/14/15 3 Packet Page-880- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1. Where the Purchaser is not a State but a local I 6. The Contractor agrees to maintain all books, records, government and is the FTA Recipient or a subgrantee of the accounts and reports required under this contract for a FTA Recipient in accordance with 49 C.F.R. 18.36(i), the period of not less than three years after the date of Contractor agrees to provide the Purchaser, the FTA termination or expiration of this contract, except in the Administrator,the Comptroller General of the United States event of litigation or settlement of claims arising from the or any of their authorized representatives access to any performance of this contract, in which case Contractor books, documents, papers and records of the Contractor agrees to maintain same until the Purchaser, the FTA which are directly pertinent to this contract for the purposes Administrator,the Comptroller General,or any of their duly of making audits, examinations, excerpts and transcriptions. authorized representatives, have disposed of all such Contractor also agrees, pursuant to 49 C.F.R. 633.17 to litigation, appeals, claims or exceptions related thereto. provide the FTA Administrator or his authorized Reference 49 CFR 18.39(i)(11). representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a 12. FEDERAL CHANGES major capital project, defined at 49 U.S.C. 5302(a)1,which Contractor shall at all times comply with all applicable FTA is receiving federal financial assistance through the regulations, policies, procedures and directives, including programs described at 49 U.S.C. 5307,5309 or 5311. without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they 2. Where the Purchaser is a State and is the FTA Recipient may be amended or promulgated from time to time during or a subgrantee of the FTA Recipient in accordance with 49 the term of this contract. Contractor's failure to so comply C.F.R. 633.17, Contractor agrees to provide the Purchaser, shall constitute a material breach of this contract. the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's 13. BONDING REOUIREMENTS records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving Bid Security federal financial assistance through the programs described A Bid Bond must be issued by a fully qualified surety at 49 U.S.C. 5307, 5309 or 5311. By definition, a major company acceptable to (Recipient) and listed as a company capital project excludes contracts of less than the currently authorized under 31 CFR,Part 223 as possessing a simplified acquisition threshold currently set at Certificate of Authority as described thereunder. $100,000. Rights Reserved 3. Where the Purchaser enters into a negotiated contract for In submitting this Bid,it is understood and agreed by bidder other than a small purchase or under the simplified that the right is reserved by(Recipient)to reject any and all acquisition threshold and is an institution of higher bids,or part of any bid,and it is agreed that the Bid may not education, a hospital or other non-profit organization and is be withdrawn for a period of[ninety (90)] days subsequent the FTA Recipient or a subgrantee of the FTA Recipient in to the opening of bids, without the written consent of accordance with 49 C.F.R. 19.48, Contractor agrees to (Recipient). provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized It is also understood and agreed that if the undersigned representatives with access to any books,documents,papers bidder should withdraw any part or all of his bid within and record of the Contractor which are directly pertinent to [ninety (90)] days after the bid opening without the written this contract for the purposes of making audits, consent of (Recipient), shall refuse or be unable to enter examinations,excerpts and transcriptions. into this Contract,as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and 4. Where any Purchaser which is the FTA Recipient or a Labor and Material Payments Bonds, as provided above, or subgrantee of the FTA Recipient in accordance with 49 refuse or be unable to furnish adequate and acceptable U.S.C. 5325(a) enters into a contract for a capital project or insurance, as provided above, he shall forfeit his bid improvement(defined at 49 U.S.C. 5302(a)1)through other security to the extent of(Recipient's) damages occasioned than competitive bidding, the Contractor shall make by such withdrawal, or refusal, or inability to enter into an available records related to the contract to the Purchaser,the agreement,or provide adequate security therefore. Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the It is further understood and agreed that to the extent the purposes of conducting an audit and inspection. defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check 5. The Contractor agrees to permit any of the foregoing (excluding any income generated thereby which has been parties to reproduce by any means whatsoever or to copy retained by (Recipient) as provided in [Item x "Bid excerpts and transcriptions as reasonably needed. Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense(Recipient) for the damages Rev 1/14/15 4 Packet Page-881- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 occasioned by default,then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the Patent Infringement Bonding Requirements (Patent difference between the bid security and (Recipient's) total Indemnity) damages,so as to make(Recipient)whole. The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and The undersigned understands that any material alteration of the financial responsibility of the Contractor is unknown or any of the above or any of the material contained on this doubtful. The(recipient) shall determine the amount of the form, other than that requested, will render the bid patent indemnity to protect the(Recipient). unresponsive. Warranty of the Work and Maintenance Bonds Performance and Payment Bonding Requirements 1. The Contractor warrants to (Recipient), the Architect (Construction) and/or Engineer that all materials and equipment furnished A contractor or vendor shall provide a surety bond from a under this Contract will be of highest quality and new surety company to guarantee full and faithful performance unless otherwise specified by (Recipient), free from faults of a contract obligation and the payment of labor and and defects and in conformance with the Contract material expended pursuant to a contract whenever, and in Documents. All work not so conforming to these standards such amounts,as required by statute or otherwise as deemed shall be considered defective. If required by the [Project necessary by the Purchasing Director. An irrevocable letter Manager],the Contractor shall furnish satisfactory evidence of credit from a financial institution operating within the as to the kind and quality of materials and equipment. State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of 2. The Work furnished must be of first quality and the the performance bond if so provided for in the bid and workmanship must be the best obtainable in the various contract documents. All such bonds or letters of credit shall trades. The Work must be of safe, substantial and durable be approved as to form by the County Attorney. construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty A. Contractor shall provide Performance and Payment workmanship for a minimum period of one (1) year after Bonds in the amount of 100% of the Contract Amount, Final Payment by(Recipient)and shall replace or repair any the costs of which are to be paid by Contractor. The defective materials or equipment or faulty workmanship Performance and Payment Bonds shall be underwritten during the period of the guarantee at no cost to(Recipient). by a surety authorized to do business in the State of As additional security for these guarantees, the Contractor Florida and otherwise acceptable to Owner; provided, shall, prior to the release of Final Payment [as provided in however, the surety shall meet the requirements of the Item X below], furnish separate Maintenance (or Department of the Treasury Fiscal Service, Guarantee) Bonds in form acceptable to (Recipient)written "Companies Holding Certificates of Authority as by the same corporate surety that provides the Performance Acceptable Sureties on Federal Bonds and as Bond and Labor and Material Payment Bond for this Acceptable Reinsurance Companies" circular. This Contract. These bonds shall secure the Contractor's circular may be accessed via the web at obligation to replace or repair defective materials and faulty www.fms.treas.gov/c570/c570.html#certified. Should workmanship for a minimum period of one (1) year after the Contract Amount be less than $500,000, the Final Payment and shall be written in an amount equal to requirements of Section 287.0935,F.S. shall govern the ONE HUNDRED PERCENT (100%) of the CONTRACT rating and classification of the surety. SUM,as adjusted(if at all). B. If the surety for any bond furnished by Contractor is 14. CLEAN AIR declared bankrupt, becomes insolvent, its right to do (Applies to subcontracts OVER$100,000) business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the (1) The Contractor agrees to comply with all applicable Contract Documents, the Contractor shall, within five standards,orders or regulations issued pursuant to the Clean (5) calendar days thereafter, substitute at its cost and Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The expense another bond and surety, both of which shall Contractor agrees to report each violation to the Purchaser be subject to the Owner's approval. and understands and agrees that the Purchaser will, in turn, report each violation as required to Advance Payment Bonding Requirements assure notification to FTA and the appropriate EPA The Contractor may be required to obtain an advance Regional Office. payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (2)The Contractor also agrees to include these requirements (recipient) shall determine the amount of the advance in each subcontract exceeding $100,000 financed in whole payment bond necessary to protect the(Recipient). or in part with Federal assistance provided by FTA. Rev 1/14/15 5 Packet Page-882- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (WH-1321) shall be posted at all times by the contractor 15. RECYCLED PRODUCTS and its subcontractors at the site of the work in a prominent (Applies to subcontracts for purchases $10,000 or more and accessible place where it can be easily seen by the of one of these items in a fiscal year,or when the cost of workers. such items purchased during the previous fiscal year was$10,000.) (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers,which is not listed Recovered Materials - The contractor agrees to comply in the wage determination and which is to be employed with all the requirements of Section 6002 of the Resource under the contract shall be classified in conformance with Conservation and Recovery Act (RCRA), as amended (42 the wage determination. The contracting officer shall U.S.C. 6962), including but not limited to the regulatory approve an additional classification and wage rate and provisions of 40 CFR Part 247,and Executive Order 12873, fringe benefits therefore only when the following criteria as they apply to the procurement of the items designated in have been met: Subpart B of 40 CFR Part 247. (1) Except with respect to helpers as defined as 29 CFR 16. DAVIS-BACON AND COPELAND ANTI- 5.2(n)(4), the work to be performed by the classification KICKBACK ACTS requested is not performed by a classification in the wage determination;and (1)Minimum wages-(i)All laborers and mechanics employed or working upon the site of the work(or under (2) The classification is utilized in the area by the the United States Housing Act of 1937 or under the construction industry;and Housing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often (3)The proposed wage rate, including any bona fide fringe than once a week,and without subsequent deduction or benefits, bears a reasonable relationship to the wage rates rebate on any account(except such payroll deductions as contained in the wage determination;and are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), amount of wages and bona fide fringe benefits(or cash such a classification prevails in the area in which the work equivalents thereof)due at time of payment computed at is performed. rates not less than those contained in the wage determination of the Secretary of Labor which is attached (B) If the contractor and the laborers and mechanics to be hereto and made a part hereof,regardless of any contractual employed in the classification (if known), or their relationship which may be alleged to exist between the representatives, and the contracting officer agree on the contractor and such laborers and mechanics. classification and wage rate (including the amount designated for fringe benefits where appropriate), a report Contributions made or costs reasonably anticipated for bona of the action taken shall be sent by the contracting officer to fide fringe benefits under section 1(b)(2) of the Davis- the Administrator of the Wage and Hour Division, Bacon Act on behalf of laborers or mechanics are Employment Standards Administration,U.S. Department of considered wages paid to such laborers or mechanics, Labor, Washington, DC 20210. The Administrator, or an subject to the provisions of paragraph (1)(iv)of this section; authorized representative, will approve, modify, or also, regular contributions made or costs incurred for more disapprove every additional classification action within 30 than a weekly period (but not less often than quarterly) days of receipt and so advise the contracting officer or will under plans, funds, or programs which cover the particular notify the contracting officer within the 30-day period that weekly period, are deemed to be constructively made or additional time is necessary. incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and (C) In the event the contractor,the laborers or mechanics to fringe benefits on the wage determination for the be employed in the classification or their representatives, classification of work actually performed,without regard to and the contracting officer do not agree on the proposed skill,except as provided in 29 CFR Part 5.5(a)(4). Laborers classification and wage rate (including the amount or mechanics performing work in more than one designated for fringe benefits, where appropriate), the classification may be compensated at the rate specified for contracting officer shall refer the questions, including the each classification for the time actually worked therein: views of all interested parties and the recommendation of Provided,That the employer's payroll records accurately set the contracting officer, to the Administrator for forth the time spent in each classification in which work is determination. The Administrator, or an authorized performed. The wage determination (including any representative, will issue a determination within 30 days of additional classifications and wage rates conformed under receipt and so advise the contracting officer or will notify paragraph(1)(ii)of this section)and the Davis-Bacon poster the contracting officer within the 30-day period that Rev 1/14/15 6 Packet Page-883- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 additional time is necessary. classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer (D) The wage rate (including fringe benefits where within the 30-day period that additional time is necessary. appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers (C)In the event the contractor, the laborers or mechanics to performing work in the classification under this contract be employed in the classification or their representatives, from the first day on which work is performed in the and the contracting officer do not agree on the proposed classification. classification and wage rate (including the amount designated for fringe benefits, where appropriate), the (iii) Whenever the minimum wage rate prescribed in the contracting officer shall refer the questions, including the contract for a class of laborers or mechanics includes a views of all interested parties and the recommendation of fringe benefit which is not expressed as an hourly rate, the the contracting officer, to the Administrator for contractor shall either pay the benefit as stated in the wage determination. The Administrator, or an authorized determination or shall pay another bona fide fringe benefit representative, will issue a determination with 30 days of or an hourly cash equivalent thereof receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that (iv)If the contractor does not make payments to a trustee or additional time is necessary. other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs (D) The wage rate (including fringe benefits where reasonably anticipated in providing bona fide fringe benefits appropriate) determined pursuant to paragraphs (a)(1)(v) under a plan or program, Provided, That the Secretary of (B) or (C) of this section, shall be paid to all workers Labor has found, upon the written request of the contractor, performing work in the classification under this contract that the applicable standards of the Davis-Bacon Act have from the first day on which work is performed in the been met. The Secretary of Labor may require the classification. contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding—Collier County shall upon its own action or upon written request of an authorized representative of (v)(A)The contracting officer shall require that any class of the Department of Labor withhold or cause to be withheld laborers or mechanics which is not listed in the wage from the contractor under this contract or any other Federal determination and which is to be employed under the contract with the same prime contractor, or any other contract shall be classified in conformance with the wage federally-assisted contract subject to Davis-Bacon determination. The contracting officer shall approve an prevailing wage requirements, which is held by the same additional classification and wage rate and fringe benefits prime contractor, so much of the accrued payments or therefor only when the following criteria have been met: advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers, (1) The work to be performed by the classification employed by the contractor or any subcontractor the full requested is not performed by a classification in the wage amount of wages required by the contract. In the event of determination;and failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the (2) The classification is utilized in the area by the site of the work(or under the United States Housing Act of construction industry;and 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Collier County may, after (3) The proposed wage rate, including any bona fide fringe written notice to the contractor, sponsor, applicant, or benefits, bears a reasonable relationship to the wage rates owner, take such action as may be necessary to cause the contained in the wage determination. suspension of any further payment,advance, or guarantee of funds until such violations have ceased. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their (3) Payrolls and basic records - (i) Payrolls and basic representatives, and the contracting officer agree on the records relating thereto shall be maintained by the classification and wage rate (including the amount contractor during the course of the work and preserved for a designated for fringe benefits where appropriate), a report period of three years thereafter for all laborers and of the action taken shall be sent by the contracting officer to mechanics working at the site of the work (or under the the Administrator of the Wage and Hour Division, United States Housing Act of 1937, or under the Housing Employment Standards Administration, Washington, DC Act of 1949, in the construction or development of the 20210. The Administrator, or an authorized representative, project). Such records shall contain the name, address, and will approve, modify, or disapprove every additional social security number of each such worker, his or her Rev 1/14/15 7 Packet Page-884- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 correct classification, hourly rates of wages paid (including than the applicable wage rates and fringe benefits or cash rates of contributions or costs anticipated for bona fide equivalents for the classification of work performed, as fringe benefits or cash equivalents thereof of the types specified in the applicable wage determination incorporated described in section 1(b)(2)(B) of the Davis-Bacon Act), into the contract. daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor (C) The weekly submission of a properly executed has found under 29 CFR 5.5(a)(1)(iv)that the wages of any certification set forth on the reverse side of Optional Form laborer or mechanic include the amount of any costs WH-347 shall satisfy the requirement for submission of the reasonably anticipated in providing benefits under a plan or "Statement of Compliance" required by paragraph program described in section 1(b)(2)(B)of the Davis-Bacon (a)(3)(ii)(B)of this section. Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that (D) The falsification of any of the above certifications may the plan or program is financially responsible, and that the subject the contractor or subcontractor to civil or criminal plan or program has been communicated in writing to the prosecution under section 1001 of title 18 and section 231 laborers or mechanics affected, and records which show the of title 31 of the United States Code. costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or (iii) The contractor or subcontractor shall make the records trainees under approved programs shall maintain written required under paragraph (a)(3)(i) of this section available evidence of the registration of apprenticeship programs and for inspection, copying, or transcription by authorized certification of trainee programs, the registration of the representatives of the Federal Transit Administration or the apprentices and trainees, and the ratios and wage rates Department of Labor, and shall permit such representatives prescribed in the applicable programs. to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required (ii)(A) The contractor shall submit weekly for each week in records or to make them available,the Federal agency may, which any contract work is performed a copy of all payrolls after written notice to the contractor, sponsor, applicant, or to Collier County for transmission to the Federal Transit owner, take such action as may be necessary to cause the Administration. The payrolls submitted shall set out suspension of any further payment,advance,or guarantee of accurately and completely all of the information required to funds. Furthermore, failure to submit the required records be maintained under section 5.5(a)(3)(i) of Regulations, 29 upon request or to make such records available may be CFR part 5.This information may be submitted in any form grounds for debarment action pursuant to 29 CFR 5.12. desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of (4) Apprentices and trainees - (i) Apprentices - Documents(Federal Stock Number 029-005-00014-1),U.S. Apprentices will be permitted to work at less than the Government Printing Office, Washington, DC 20402. The predetermined rate for the work they performed when they prime contractor is responsible for the submission of copies are employed pursuant to and individually registered in a of payrolls by all subcontractors. bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training (B) Each payroll submitted shall be accompanied by a Administration, Bureau of Apprenticeship and Training, or "Statement of Compliance," signed by the contractor or with a State Apprenticeship Agency recognized by the subcontractor or his or her agent who pays or supervises the Bureau,or if a person is employed in his or her first 90 days payment of the persons employed under the contract and of probationary employment as an apprentice in such an shall certify the following: apprenticeship program, who is not individually registered in the program,but who has been certified by the Bureau of (1) That the payroll for the payroll period contains the Apprenticeship and Training or a State Apprenticeship information required to be maintained under section Agency (where appropriate) to be eligible for probationary 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such employment as an apprentice. The allowable ratio of information is correct and complete; apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to (2) That each laborer or mechanic (including each helper, the contractor as to the entire work force under the apprentice,and trainee)employed on the contract during the registered program. Any worker listed on a payroll at an payroll period has been paid the full weekly wages earned, apprentice wage rate, who is not registered or otherwise without rebate, either directly or indirectly, and that no employed as stated above, shall be paid not less than the deductions have been made either directly or indirectly applicable wage rate on the wage determination for the from the full wages earned, other than permissible classification of work actually performed. In addition, any deductions as set forth in Regulations,29 CFR part 3; apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid (3) That each laborer or mechanic has been paid not less not less than the applicable wage rate on the wage Rev 1/14/15 8 Packet Page -885- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 determination for the work actually performed. Where a on the wage determination for the work actually performed. contractor is performing construction on a project in a In the event the Employment and Training Administration locality other than that in which its program is registered, withdraws approval of a training program, the contractor the ratios and wage rates (expressed in percentages of the will no longer be permitted to utilize trainees at less than the journeyman's hourly rate) specified in the contractor's or applicable predetermined rate for the work performed until subcontractor's registered program shall be observed. Every an acceptable program is approved. apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, (iii) Equal employment opportunity - The utilization of expressed as a percentage of the journeymen hourly rate apprentices, trainees and journeymen under this part shall specified in the applicable wage determination. Apprentices be in conformity with the equal employment opportunity shall be paid fringe benefits in accordance with the requirements of Executive Order 11246, as amended, and provisions of the apprenticeship program. If the 29 CFR part 30. apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits (5) Compliance with Copeland Act requirements - The listed on the wage determination for the applicable contractor shall comply with the requirements of 29 CFR classification. If the Administrator of the Wage and Hour part 3, which are incorporated by reference in this contract. Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice (6) Subcontracts - The contractor or subcontractor shall classification, fringes shall be paid in accordance with that insert in any subcontracts the clauses contained in 29 CFR determination. In the event the Bureau of Apprenticeship 5.5(a)(1)through(10) and such other clauses as the Federal and Training, or a State Apprenticeship Agency recognized Transit Administration may by appropriate instructions by the Bureau, withdraws approval of an apprenticeship require, and also a clause requiring the subcontractors to program, the contractor will no longer be permitted to include these clauses in any lower tier subcontracts. The utilize apprentices at less than the applicable predetermined prime contractor shall be responsible for the compliance by rate for the work performed until an acceptable program is any subcontractor or lower tier subcontractor with all the approved. contract clauses in 29 CFR 5.5. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees (7) Contract termination: debarment - A breach of the will not be permitted to work at less than the predetermined contract clauses in 29 CFR 5.5 may be grounds for rate for the work performed unless they are employed termination of the contract, and for debarment as a pursuant to and individually registered in a program which contractor and a subcontractor as provided in 29 CFR 5.12. has received prior approval, evidenced by formal certification by the U.S. Department of Labor,Employment (8) Compliance with Davis-Bacon and Related Act and Training Administration. The ratio of trainees to requirements-All rulings and interpretations of the Davis- journeymen on the job site shall not be greater than Bacon and Related Acts contained in 29 CFR parts 1,3,and permitted under the plan approved by the Employment and 5 are herein incorporated by reference in this contract. Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the (9) Disputes concerning labor standards - Disputes trainee's level of progress, expressed as a percentage of the arising out of the labor standards provisions of this contract journeyman hourly rate specified in the applicable wage shall not be subject to the general disputes clause of this determination. Trainees shall be paid fringe benefits in contract. Such disputes shall be resolved in accordance with accordance with the provisions of the trainee program. If the procedures of the Department of Labor set forth in 29 the trainee program does not mention fringe benefits, CFR parts 5, 6, and 7. Disputes within the meaning of this trainees shall be paid the full amount of fringe benefits clause include disputes between the contractor(or any of its listed on the wage determination unless the Administrator subcontractors) and the contracting agency, the U.S. of the Wage and Hour Division determines that there is an Department of Labor, or the employees or their apprenticeship program associated with the corresponding representatives. journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. (10) Certification of eligibility - (i) By entering into this Any employee listed on the payroll at a trainee rate who is contract, the contractor certifies that neither it (nor he or not registered and participating in a training plan approved she) nor any person or firm who has an interest in the by the Employment and Training Administration shall be contractor's firm is a person or firm ineligible to be awarded paid not less than the applicable wage rate on the wage Government contracts by virtue of section 3(a)of the Davis- determination for the classification of work actually Bacon Act or 29 CFR 5.12(a)(1). performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered (ii) No part of this contract shall be subcontracted to any program shall be paid not less than the applicable wage rate person or firm ineligible for award of a Government Rev 1/14/15 9 Packet Page-886- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 contract by virtue of section 3(a)of the Davis-Bacon Act or with the clauses set forth in paragraphs (1) through (4) of 29 CFR 5.12(a)(1). this section. (iii)The penalty for making false statements is prescribed in 18. [RESERVED[ the U.S.Criminal Code, 18 U.S.C. 1001. 17. CONTRACT WORK HOURS AND SAFETY 19. NO GOVERNMENT OBLIGATION TO THIRD STANDARDS ACT PARTIES (1) Overtime requirements - No contractor or (1) The Purchaser and Contractor acknowledge and agree subcontractor contracting for any part of the contract work that, notwithstanding any concurrence by the Federal which may require or involve the employment of laborers or Government in or approval of the solicitation or award of mechanics shall require or permit any such laborer or the underlying contract, absent the express written consent mechanic in any workweek in which he or she is employed by the Federal Government, the Federal Government is not on such work to work in excess of forty hours in such a party to this contract and shall not be subject to any workweek unless such laborer or mechanic receives obligations or liabilities to the Purchaser,Contractor, or any compensation at a rate not less than one and one-half times other party (whether or not a party to that contract) the basic rate of pay for all hours worked in excess of forty pertaining to any matter resulting from the underlying hours in such workweek. contract. (2) Violation; liability for unpaid wages; liquidated (2) The Contractor agrees to include the above clause in damages - In the event of any violation of the clause set each subcontract financed in whole or in part with Federal forth in paragraph (1) of this section the contractor and any assistance provided by FTA. It is further agreed that the subcontractor responsible therefor shall be liable for the clause shall not be modified, except to identify the unpaid wages. In addition, such contractor and subcontractor who will be subject to its provisions. subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be 20. PROGRAM FRAUD AND FALSE OR computed with respect to each individual laborer or FRAUDULENT STATEMENTS mechanic, including watchmen and guards, employed in AND RELATED ACTS violation of the clause set forth in paragraph (1) of this (Applies to subcontracts) section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess Program Fraud and False or Fraudulent Statements or of the standard workweek of forty hours without payment of Related Acts. the overtime wages required by the clause set forth in (1) The Contractor acknowledges that the provisions of the paragraph(1)of this section. Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. § 3801 et sue. and U.S. DOT regulations, "Program (3) Withholding for unpaid wages and liquidated Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its damages - XCollier County shall upon its own action or actions pertaining to this Project. Upon execution of the upon written request of an authorized representative of the underlying contract, the Contractor certifies or affirms the Department of Labor withhold or cause to be withheld, truthfulness and accuracy of any statement it has made, it from any moneys payable on account of work performed by makes, it may make, or causes to be made,pertaining to the the contractor or subcontractor under any such contract or underlying contract or the FTA assisted project for which any other Federal contract with the same prime contractor, this contract work is being performed. In addition to other or any other federally-assisted contract subject to the penalties that may be applicable, the Contractor further Contract Work Flours and Safety Standards Act, which is acknowledges that if it makes, or causes to be made,a false, held by the same prime contractor, such sums as may be fictitious, or fraudulent claim, statement, submission, or determined to be necessary to satisfy any liabilities of such certification, the Federal Government reserves the right to contractor or subcontractor for unpaid wages and liquidated impose the penalties of the Program Fraud Civil Remedies damages as provided in the clause set forth in paragraph(2) Act of 1986 on the Contractor to the extent the Federal of this section. Government deems appropriate. (4) Subcontracts - The contractor or subcontractor shall (2) The Contractor also acknowledges that if it makes, or insert in any subcontracts the clauses set forth in paragraphs causes to be made, a false, fictitious, or fraudulent claim, (1)through(4)of this section and also a clause requiring the statement, submission, or certification to the Federal subcontractors to include these clauses in any lower tier Government under a contract connected with a project that subcontracts. The prime contractor shall be responsible for is financed in whole or in part with Federal assistance compliance by any subcontractor or lower tier subcontractor originally awarded by FTA under the authority of 49 U.S.C. Rev 1/14/15 10 Packet Page-887- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 § 5307, the Government reserves the right to impose the If Contractor fails to remedy to(Recipient)'s satisfaction the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) breach or default of any of the terms, covenants, or on the Contractor, to the extent the Federal Government conditions of this Contract within [ten (10) days] after deems appropriate. receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default,(Recipient) (3) The Contractor agrees to include the above two clauses shall have the right to terminate the Contract without any in each subcontract financed in whole or in part with further obligation to Contractor. Any such termination for Federal assistance provided by FTA. It is further agreed default shall not in any way operate to preclude (Recipient) that the clauses shall not be modified,except to identify the from also pursuing all available remedies against Contractor subcontractor who will be subject to the provisions. and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that 21. TERMINATION (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this a. Termination for Convenience (General Provision) Contract, such waiver by (Recipient) shall not limit The (Recipient) may terminate this contract, in whole or in (Recipient)'s remedies for any succeeding breach of that or part, at any time by written notice to the Contractor when it of any other term,covenant,or condition of this Contract. is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and e. Termination for Convenience (Professional or profit on work performed up to the time of termination. Transit Service Contracts) The (Recipient), by written The Contractor shall promptly submit its termination claim notice, may terminate this contract, in whole or in part, to (Recipient) to be paid the Contractor. If the Contractor when it is in the Government's interest. If this contract is has any property in its possession belonging to the terminated, the Recipient shall be liable only for payment (Recipient), the Contractor will account for the same, and under the payment provisions of this contract for services dispose of it in the manner the(Recipient)directs. rendered before the effective date of termination. b. Termination for Default [Breach or Cause] (General f. Termination for Default (Supplies and Service) If the Provision) if the Contractor does not deliver supplies in Contractor fails to deliver supplies or to perform the accordance with the contract delivery schedule, or, if the services within the time specified in this contract or any contract is for services, the Contractor fails to perform in extension or if the Contractor fails to comply with any other the manner called for in the contract, or if the Contractor provisions of this contract, the (Recipient) may terminate fails to comply with any other provisions of the contract,the this contract for default. The(Recipient) shall terminate by (Recipient) may terminate this contract for default. delivering to the Contractor a Notice of Termination Termination shall be effected by serving a notice of specifying the nature of the default. The Contractor will termination on the contractor setting forth the manner in only be paid the contract price for supplies delivered and which the Contractor is in default. The contractor will only accepted, or services performed in accordance with the be paid the contract price for supplies delivered and manner or performance set forth in this contract. accepted, or services performed in accordance with the manner of performance set forth in the contract. If,after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the If it is later determined by the (Recipient) that the rights and obligations of the parties shall be the same as if Contractor had an excusable reason for not performing, the termination had been issued for the convenience of the such as a strike,fire,or flood, events which are not the fault Recipient. of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance g. Termination for Default (Transportation Services) If schedule, may allow the Contractor to continue work, or the Contractor fails to pick up the commodities or to treat the termination as a termination for convenience. perform the services, including delivery services, within the time specified in this contract or any extension or if the c. Opportunity to Cure (General Provision) The Contractor fails to comply with any other provisions of this (Recipient) in its sole discretion may, in the case of a contract, the (Recipient) may terminate this contract for termination for breach or default, allow the Contractor [an default. The(Recipient) shall terminate by delivering to the appropriately short period of time] in which to cure the Contractor a Notice of Termination specifying the nature of defect. In such case,the notice of termination will state the default. The Contractor will only be paid the contract price time period in which cure is permitted and other appropriate for services performed in accordance with the manner of conditions performance set forth in this contract. Rev 1/14/15 Packet Page-888- 11 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 If this contract is terminated while the Contractor has parties will be the same as if the termination had been possession of Recipient goods, the Contractor shall, upon issued for the convenience of the Recipient. direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The i. Termination for Convenience or Default (Architect Contractor and (Recipient) shall agree on payment for the and Engineering) The (Recipient) may terminate this preservation and protection of goods. Failure to agree on an contract in whole or in part, for the Recipient's convenience amount will be resolved under the Dispute clause. or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by If,after termination for failure to fulfill contract obligations, delivering to the Contractor a Notice of Termination it is determined that the Contractor was not in default, the specifying the nature, extent, and effective date of the rights and obligations of the parties shall be the same as if termination. Upon receipt of the notice,the Contractor shall the termination had been issued for the convenience of the (l)immediately discontinue all services affected(unless the (Recipient). notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, h. Termination for Default (Construction) if the summaries, and other information and materials Contractor refuses or fails to prosecute the work or any accumulated in performing this contract,whether completed separable part, with the diligence that will insure its or in process. completion within the time specified in this contract or any extension or fails to complete the work within this time, or If the termination is for the convenience of the Recipient, if the Contractor fails to comply with any other provisions the Contracting Officer shall make an equitable adjustment of this contract, the (Recipient) may terminate this contract in the contract price but shall allow no anticipated profit on for default. The(Recipient) shall terminate by delivering to unperformed services. the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take If the termination is for failure of the Contractor to fulfill over the work and compete it by contract or otherwise, and the contract obligations, the Recipient may complete the may take possession of and use any materials, appliances, work by contact or otherwise and the Contractor shall be and plant on the work site necessary for completing the liable for any additional cost incurred by the Recipient. work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's If,after termination for failure to fulfill contract obligations, refusal or failure to complete the work within specified it is determined that the Contractor was not in default, the time, whether or not the Contractor's right to proceed with rights and obligations of the parties shall be the same as if the work is terminated. This liability includes any increased the termination had been issued for the convenience of the costs incurred by the Recipient in completing the work. Recipient. The Contractor's right to proceed shall not be terminated j. Termination for Convenience of Default (Cost-Type nor the Contractor charged with damages under this clause Contracts) The (Recipient) may terminate this contract, or if- any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is 1. The delay in completing the work arises from for convenience of the (Recipient) or for the default of the unforeseeable causes beyond the control and without the Contractor. If the termination is for default,the notice shall fault or negligence of the Contractor. Examples of such state the manner in which the contractor has failed to causes include: acts of God, acts of the Recipient, acts of perform the requirements of the contract. The Contractor another Contractor in the performance of a contract with the shall account for any property in its possession paid for Recipient, epidemics, quarantine restrictions, strikes, freight from funds received from the (Recipient), or property embargoes;and supplied to the Contractor by the (Recipient). If the termination is for default,the(Recipient)may fix the fee, if 2. The contractor, within [10] days from the beginning of the contract provides for a fee, to be paid the contractor in any delay, notifies the (Recipient) in writing of the causes proportion to the value, if any, of work performed up to the of delay. If in the judgment of the(Recipient),the delay is time of termination. The Contractor shall promptly submit excusable, the time for completing the work shall be its termination claim to the (Recipient) and the parties shall extended. The judgment of the (Recipient) shall be final negotiate the termination settlement to be paid the and conclusive on the parties, but subject to appeal under Contractor. the Disputes clauses. If the termination is for the convenience of the (Recipient), If,after termination of the Contractor's right to proceed, it is the Contractor shall be paid its contract close-out costs, and determined that the Contractor was not in default,or that the a fee, if the contract provided for payment of a fee, in delay was excusable, the rights and obligations of the Rev 1/14/15 12 Packet Page -889- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 proportion to the work performed up to the time of (Applies to subcontracts) termination. Civil Rights - The following requirements apply to the underlying contract: If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable (1) Nondiscrimination - In accordance with Title VI of the reason for not performing, such as strike, fire, flood, events Civil Rights Act, as amended, 42 U.S.C. § 2000d, section which are not the fault of and are beyond the control of the 303 of the Age Discrimination Act of 1975,as amended,42 contractor, the (Recipient), after setting up a new work U.S.C. § 6102, section 202 of the Americans with schedule, may allow the Contractor to continue work, or Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal treat the termination as a termination for convenience. transit law at 49 U.S.C. § 5332,the Contractor agrees that it will not discriminate against any employee or applicant for 22.GOVERNMENT-WIDE DEBARMENT AND employment because of race, color, creed, national origin, SUSPENSION(NONPROCUREMENT) sex, age, or disability. In addition,the Contractor agrees to (Applies to subcontracts) comply with applicable Federal implementing regulations This contract is a covered transaction for purposes of and other implementing requirements FTA may issue. 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as (2) Equal Employment Opportunity - The following equal defined at 49 CFR 29.995,or affiliates,as defined at 49 employment opportunity requirements apply to the CFR 29.905, are excluded or disqualified as defined at underlying contract: 49 CFR 29.940 and 29.945. (a) Race, Color, Creed, National Origin, Sex - In The contractor is required to comply with 49 CFR 29, accordance with Title VII of the Civil Rights Act, as Subpart C and must include the requirement to comply amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 with 49 CFR 29, Subpart C in any lower tier covered U.S.C. § 5332, the Contractor agrees to comply with all transaction it enters into. applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office 23. PRIVACY ACT of Federal Contract Compliance Programs, Equal 5 U.S.C.552 Employment Opportunity,Department of Labor,"41 C.F.R. Parts 60 et seq., (which implement Executive Order No. Contracts Involving Federal Privacy Act Requirements- 11246, "Equal Employment Opportunity," as amended by The following requirements apply to the Contractor and its Executive Order No. 11375, "Amending Executive Order employees that administer any system of records on behalf 11246 Relating to Equal Employment Opportunity," 42 of the Federal Government under any contract: U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations. and Federal policies (1) The Contractor agrees to comply with, and assures the that may in the future affect construction activities compliance of its employees with, the information undertaken in the course of the Project. The Contractor restrictions and other applicable requirements of the Privacy agrees to take affirmative action to ensure that applicants Act of 1974, are employed, and that employees are treated during employment, without regard to their race, color, creed, 5 U.S.C. § 552a. Among other things, the Contractor national origin, sex, or age. Such action shall include, but agrees to obtain the express consent of the Federal not be limited to, the following: employment, upgrading, Government before the Contractor or its employees operate demotion or transfer,recruitment or recruitment advertising, a system of records on behalf of the Federal Government. layoff or termination; rates of pay or other forms of The Contractor understands that the requirements of the compensation; and selection for training, including Privacy Act, including the civil and criminal penalties for apprenticeship. In addition, the Contractor agrees to violation of that Act, apply to those individuals involved, comply with any implementing requirements FTA may and that failure to comply with the terms of the Privacy Act issue. may result in termination of the underlying contract. (b) Age - In accordance with section 4 of the Age (2)The Contractor also agrees to include these requirements Discrimination in Employment Act of 1967,as amended,29 in each subcontract to administer any system of records on U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, behalf of the Federal Government financed in whole or in the Contractor agrees to refrain from discrimination against part with Federal assistance provided by FTA. present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 24. CIVIL RIGHTS REQUIREMENTS Rev 1/14/15 13 Packet Page-890- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (c) Disabilities - In accordance with section 102 of the otherwise imposed or available by law. No action or failure Americans with Disabilities Act, as amended, 42 U.S.C. § to act by the (Recipient), (Architect) or Contractor shall 12112, the Contractor agrees that it will comply with the constitute a waiver of any right or duty afforded any of requirements of U.S. Equal Employment Opportunity them under the Contract,nor shall any such action or failure Commission, "Regulations to Implement the Equal to act constitute an approval of or acquiescence in any Employment Provisions of the Americans with Disabilities breach thereunder, except as may be specifically agreed in Act," 29 C.F.R. Part 1630, pertaining to employment of writing. persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may 26. PATENT AND RIGHTS IN DATA issue. (Applies to subcontracts) (3)The Contractor also agrees to include these requirements A. Rights in Data- This following requirement applies to in each subcontract financed in whole or in part with each contract involving experimental, developmental or Federal assistance provided by FTA, modified only if research work: necessary to identify the affected parties. (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is 25. BREACHES AND DISPUTE RESOLUTION delivered or specified to be delivered under the contract. (Applies to subcontracts) The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or Disputes - Disputes arising in the performance of this related performance or design-type documents; machine Contract which are not resolved by agreement of the parties forms such as punched cards, magnetic tape, or computer shall be decided in writing by the authorized representative memory printouts; and information retained in computer of(Recipient)'s [title of employee]. This decision shall be memory.Examples include,but are not limited to:computer final and conclusive unless within [ten (10)] days from the software, engineering drawings and associated lists, date of receipt of its copy,the Contractor mails or otherwise specifications, standards, process sheets, manuals, technical furnishes a written appeal to the [title of employee]. In reports, catalog item identifications, and related connection with any such appeal, the Contractor shall be information. The term "subject data" does not include afforded an opportunity to be heard and to offer evidence in financial reports, cost analyses, and similar information support of its position. The decision of the [title of incidental to contract administration. employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Performance During Dispute - Unless otherwise directed Attachment has been added: by(Recipient),Contractor shall continue performance under this Contract while matters in dispute are being resolved. (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in Claims for Damages - Should either party to the Contract whole or in part, or in any manner or form, nor may the suffer injury or damage to person or property because of Purchaser or Contractor authorize others to do so, without any act or omission of the party or of any of his employees, the written consent of the Federal Government, until such agents or others for whose acts he is legally liable, a claim time as the Federal Government may have either released or for damages therefor shall be made in writing to such other approved the release of such data to the public; this party within a reasonable time after the first observance of restriction on publication, however, does not apply to any such injury of damage. contract with an academic institution. Remedies - Unless this contract provides otherwise, all (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § claims, counterclaims, disputes and other matters in 19.36,the Federal Government reserves a royalty-free, non- question between the (Recipient) and the Contractor arising exclusive and irrevocable license to reproduce, publish, or out of or relating to this agreement or its breach will be otherwise use, and to authorize others to use, for "Federal decided by arbitration if the parties mutually agree, or in a Government purposes," any subject data or copyright court of competent jurisdiction within the State in which the described in subsections (2)(b)1 and (2)(b)2 of this clause (Recipient)is located. below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct Rights and Remedies-The duties and obligations imposed purposes of the Federal Government. Without the copyright by the Contract Documents and the rights and remedies owner's consent, the Federal Government may not extend available thereunder shall be in addition to and not a its Federal license to any other party. limitation of any duties, obligations, rights and remedies Rev 1/14/15 14 Packet Page -891- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1. Any subject data developed under that contract,whether requirements of subsections (b), (c), and (d) of this clause, or not a copyright has been obtained;and provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part (g)Unless FTA determines otherwise,the Contractor agrees provided by FTA. to include these requirements in each subcontract for (c) When FTA awards Federal assistance for experimental, experimental, developmental, or research work financed in developmental, or research work, it is FTA's general whole or in part with Federal assistance provided by FTA. intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from (3) Unless the Federal Government later makes a contrary the work to participants in that work. Therefore, unless determination in writing, irrespective of the Contractor's FTA determines otherwise, the Purchaser and the status (i.e., a large business, small business, state Contractor performing experimental, developmental, or government or state instrumentality, local government, research work required by the underlying contract to which nonprofit organization, institution of higher education, this Attachment is added agrees to permit FTA to make individual, etc.), the Purchaser and the Contractor agree to available to the public, either FTA's license in the copyright take the necessary actions to provide, through FTA, those to any subject data developed in the course of that contract, rights in that invention due the Federal Government as or a copy of the subject data first produced under the described in contract for which a copyright has not been obtained. If the experimental, developmental,or research work,which is the U.S. Department of Commerce regulations, "Rights to subject of the underlying contract, is not completed for any Inventions Made by Nonprofit Organizations and Small reason whatsoever, all data developed under that contract Business Firms Under Government Grants, Contracts and shall become subject data as defined in subsection (a) of Cooperative Agreements," 37 C.F.R.Part 401. this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, (4)The Contractor also agrees to include these requirements does not apply to adaptations of automatic data processing in each subcontract for experimental, developmental, or equipment or programs for the Purchaser or Contractor's use research work financed in whole or in part with Federal whose costs are financed in whole or in part with Federal assistance provided by FTA. assistance provided by FTA for transportation capital projects. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or (d) Unless prohibited by state law, upon request by the research work: Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal (1)General-if any invention, improvement,or discovery is Government, its officers, agents, and employees acting conceived or first actually reduced to practice in the course within the scope of their official duties against any liability, of or under the contract to which this Attachment has been including costs and expenses, resulting from any willful or added, and that invention, improvement, or discovery is intentional violation by the Purchaser or Contractor of patentable under the laws of the United States of America proprietary rights, copyrights, or right of privacy, arising or any foreign country, the Purchaser and Contractor agree out of the publication, translation, reproduction, delivery, to take actions necessary to provide immediate notice and a use,or disposition of any data furnished under that contract, detailed report to the party at a higher tier until FTA is Neither the Purchaser nor the Contractor shall be required to ultimately notified. indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or (2) Unless the Federal Government later makes a contrary agents of the Federal Government. determination in writing, irrespective of the Contractor's status(a large business, small business, state government or (e) Nothing contained in this clause on rights in data shall state instrumentality, local government, nonprofit imply a license to the Federal Government under any patent organization,institution of higher education, individual),the or be construed as affecting the scope of any license or Purchaser and the Contractor agree to take the necessary other right otherwise granted to the Federal Government actions to provide, through FTA, those rights in that under any patent. invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions (f) Data developed by the Purchaser or Contractor and Made by Nonprofit Organizations and Small Business financed entirely without using Federal assistance provided Firms Under Government Grants, Contracts and by the Federal Government that has been incorporated into Cooperative Agreements,"37 C.F.R.Part 401. work required by the underlying contract to which this Attachment has been added is exempt from the Rev 1/14/15 15 Packet Page-892- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (3) The Contractor also agrees to include the requirements connection with the underlying contract in compliance with of this clause in each subcontract for experimental, the conditions stated in that U.S.DOL letter. developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas-If TRANSIT EMPLOYEE PROTECTIVE the contract involves transit operations financed in whole or AGREEMENTS in part with Federal assistance authorized by 49 U.S.C. § (Applies to subcontracts) 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Transit Employee Protective Provisions. (1) The Area Program agreed to by the U.S. Secretaries of Contractor agrees to the comply with applicable transit Transportation and Labor, dated May 31, 1979, and the employee protective requirements as follows: procedures implemented by U.S. DOL or any revision thereto. (a)General Transit Employee Protective Requirements-To the extent that FTA determines that transit operations are (2)The Contractor also agrees to include the any applicable involved, the Contractor agrees to carry out the transit requirements in each subcontract involving transit operations work on the underlying contract in compliance operations financed in whole or in part with Federal with terms and conditions determined by the U.S. Secretary assistance provided by FTA. of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the 28. DISADVANTAGED BUSINESS ENTERPRISE employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any Background and Applicability amendments thereto. These teens and conditions are The newest version on the Department of Transportation's identified in the letter of certification from the U.S. DOL to Disadvantaged Business Enterprise (DBE)program became FTA applicable to the FTA Recipient's project from which effective July 16, 2003. The rule provides guidance to Federal assistance is provided to support work on the grantees on the use of overall and contract goals, underlying contract. The Contractor agrees to carry out that requirement to include DBE provisions in subcontracts, work in compliance with the conditions stated in that U.S. evaluating DBE participation where specific contract goals DOL letter. The requirements of this subsection (1), have been set, reporting requirements, and replacement of however,do not apply to any contract financed with Federal DBE subcontractors. Additionally, the DBE program assistance provided by FTA either for projects for elderly dictates payment terms and conditions (including individuals and individuals with disabilities authorized by limitations on retainage) applicable to all subcontractors 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized regardless of whether they are DBE firms or not. areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of The DBE program applies to all DOT-assisted this clause. contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase (b) Transit Employee Protective Requirements for Projects level. The requirements of clause subsection b flow down Authorized by 49 U.S.C. & 5310(a)(2) for Elderly to subcontracts. Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in A substantial change to the payment provisions in this part with Federal assistance authorized by 49 U.S.C. § newest version of Part 26 concerns retainage (see section 5310(a)(2), and if the U.S. Secretary of Transportation has 26.29). Grantee choices concerning retainage should be determined or determines in the future that the employee reflected in the language choices in clause subsection d. protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body Disadvantaged Business Enterprises subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in a. This contract is subject to the requirements of Title compliance with the terms and conditions determined by the 49, 49 Code of Federal Regulations, Part 26, U.S. Secretary of Labor to meet the requirements of 49 Participation by Disadvantaged Enterprises in U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part Department of Transportation Financial Assistance 215, and any amendments thereto. These terms and Programs. Collier Area Transit's goal for DBE conditions are identified in the U.S. DOL's letter of participation is 2.58%. certification to FTA, the date of which is set forth Grant b. A separate contract goal has not been established n Agreement or Cooperative Agreement with the state. The for this procurement. Contractor agrees to perform transit operations in c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the Rev 1/14/15 16 Packet Page -893- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 performance of this contract. The contractor shall 30. INCORPORATION OF FEDERAL TRANSIT carry out applicable requirements of 49 CFR Part ADMINISTRATION(FTA)TERMS 26 in the award and administration of this DOT- (Applies to subcontracts) assisted contract. Failure by the contractor to carry out these requirements is a material breach of this Incorporation of Federal Transit Administration (FTA) contract, which may result in the termination of Terms - The preceding provisions include, in part, certain this contract or such other remedy as Collier Standard Terms and Conditions required by DOT, whether County deems appropriate. Each subcontract the or not expressly set forth in the preceding contract contractor signs with a subcontractor must include provisions. All contractual provisions required by DOT, as the assurance in this paragraph (see 49 CFR set forth in FTA Circular 4220.1 F, are hereby incorporated 26.13(b)). by reference. Anything to the contrary herein d. The successful bidder/offeror will be required to notwithstanding, all FTA mandated terms shall be deemed report its DBE participation obtained through race- to control in the event of a conflict with other provisions neutral means throughout the period of contained in this Agreement. The Contractor shall not performance. In order to comply with the perform any act, fail to perform any act,or refuse to comply provisions of 49 CFR 26, the bidder/offeror agrees with any (name of grantee) requests which would cause to the following: (name of grantee) to be in violation of the FTA terms and conditions. • Bid Opportunity List - shall submit with all Requests for Proposals and Invitations For 31. DRUG AND ALCOHOL TESTING Bid. • Anticipated DBE Participation Statement— Introduction shall submit with all Requests for Proposals FTA's drug and alcohol rules,49 CFR 655,respectively,are and Invitations For Bid. unique among the regulations issued by FTA. First, they • DBE Directory — the bidder/offeror may use require recipients to ensure that any entity performing a the online DBE directory, BizNet, safety-sensitive function on the recipient's behalf (usually www.bipincwebapos.com/biznetflorida/ to subrecipients and/or contractors) implement a complex drug locate ready, willing, and able DBE's to and alcohol testing program that complies with Part 655. perform sub-contractor work or sub-consultant Second, the rules condition the receipt of certain kinds of work on USDOT assisted contracts. FTA funding on the recipient's compliance with the rules; • Subcontractor Payment Report — shall thus,the recipient is not in compliance with the rules unless submit monthly to comply with monitoring every entity that performs a safety-sensitive function on the requirements of 49 CFR 26. recipient's behalf is in compliance with the rules. Third,the rules do not specify how a recipient ensures that its e. The contractor is required to pay its subcontractors subrecipients and/or contractors comply with them. performing work related to this contract for satisfactory performance of that work no later than Explanation of Model Contract Clauses: 30 days after the contractor's receipt of payment Collier County relies on the contractor to implement a drug for that work from Collier County. In addition,the and alcohol testing program that complies with 49 CFR contractor is required to return any retainage 655,but retains the ability to monitor the contractor's testing payments to those subcontractors within thirty (30) program; thus, the recipient has less control over its days after the subcontractor's work related to this compliance with the drug and alcohol testing rules than it contract is satisfactorily completed. does under option 1. The advantage of this approach is that f. The contractor must promptly notify Collier it places the responsibility for complying with the rules on County, whenever a DBE subcontractor the entity that is actually performing the safety-sensitive performing work related to this contract is function. Moreover, it reserves to the recipient the power to terminated or fails to complete its work, and must ensure that the contractor complies with the program. The make good faith efforts to engage another DBE disadvantage of Option 2 is that without adequate subcontractor to perform at least the same amount monitoring of the contractor's program, the recipient may of work. The contractor may not terminate any find itself out of compliance with the rules. DBE subcontractor and perform that work through its own forces or those of an affiliate without prior Drug and Alcohol Testing written consent of Collier County. The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its 29. (RESERVED 1 , p y ry compliance with Part 655, and permit any authorized representative of the United States Department of Rev 1/14/15 17 Packet Page-894- 5/26/2015 16.E.7. Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Transportation or its operating administrations, the State Executive Order 11375, "Amending Executive Order Oversight Agency of(name of State), or the(insert name of 11246, Relating to Equal Employment Opportunity," 42 grantee),to inspect the facilities and records associated with U.S.C. §2000e note. the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify annually its compliance with Part 655 before(insert date)and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 32. ADA Access Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d),which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 33. ITS Standards Section 5206(e) of the Transportation Equity Act for the 21st Century,Public Law 105-178, 112 Stat. 547,pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation(US DOT). 34. DEPT OF LABOR EEO CONDITIONS The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order 11246, "Equal Employment Opportunity," as amended by Rev 1/14/15 18 Packet Page-895- 5/26/2015 16.E.7. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #15-6380 Parts for Fleet Heavy and 10 Small Equipment" Packet Page-896- 5/26/2015 16.E.7. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied �-. completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission For electronic submissions... All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. For paper submissions... All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. #15-6380 Parts for Fleet Heavy and 11 Small Equipment" Packet Page-897- 5/26/2015 16.E.7. 9. Questions if the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Ordinance. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to ,..� claim Local Preference status for a period of up to one year. #15-6380 Parts for Fleet Heavy and 12 Small Equipment" Packet Page-898- 5/26/2015 16.E.7. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest .-� non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security(DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. #15-6380 Parts for Fleet Heavy and 13 Small Equipment" Packet Page-899- 5/26/2015 16.E.7. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.00v/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information #15-6380 Parts for Fleet Heavy and 14 Small Equipment" Packet Page-900- 5/26/2015 16.E.7. When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. #15-6380 Parts for Fleet Heavy and 15 Small Equipment" Packet Page-901- 5/26/2015 16.E.7. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. #15-6380 Parts for Fleet Heavy and 16 Small Equipment" Packet Page -902- 5/26/2015 16.E.7. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys' fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on #15-6380 Parts for Fleet Heavy and 17 Small Equipment" Packet Page-903- 5/26/2015 16.E.7. the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. �^ VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and /or Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written �. notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and #15-6380 Parts for Fleet Heavy and 18 Small Equipment" Packet Page-904- 5/26/2015 16.E.7. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. • Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 50% or more of the solicitation amount for said work. • Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. • Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. • Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. #15-6380 Parts for Fleet Heavy and 19 Small Equipment" Packet Page-905- 5/26/2015 16.E.7. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. • Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 10. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 11. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 12. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 13. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the #15-6380 Parts for Fleet Heavy and 20 Small Equipment" Packet Page-906- 5/26/2015 16.E.7. Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. • Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. • Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(c�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional —payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be #15-6380 Parts for Fleet Heavy and 21 Small Equipment" Packet Page-907- 5/26/2015 16.E.7. submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. • Survivability Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15-6380 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. • Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: #15-6380 Parts for Fleet Heavy and 22 Small Equipment" Packet Page -908- 5/26/2015 16.E.7. Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the ^ County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor 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 Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four(24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand #15-6380 Parts for Fleet Heavy and 23 Small Equipment" Packet Page-909- 5/26/2015 16.E.7. side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 16. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 17. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 18. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. #15-6380 Parts for Fleet Heavy and 24 Small Equipment" Packet Page-910- 5/26/2015 16.E.7. Cotter county Administrative Services Division Procurement Services Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 15-6380 Parts for Fleet: Heavy and Small Equipment, OEM and Aftermarket Parts ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ^ ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number _ FAX Number Signature/Title Type Name of Signature Date: #15-6380 Parts for Fleet Heavy and 25 Small Equipment" Packet Page-911- 5/26/2015 16.E.7. Co ier County Administrative Services Division Procurement Services Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: Solicitation: 15-6380 Parts for Fleet: Heavy and Small Equipment, OEM and Aftermarket Parts Opening Date: January , 2015 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date #15-6380 Parts for Fleet Heavy and 26 Small Equipment" Packet Page-912- 5/26/2015 16.E.7. Co Tier County Administrative Services Division Procurement Services Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 15-6380 Parts for Fleet: Heavy and Small Equipment, OEM and Aftermarket Parts Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * ** SEE FOLLOWING PAGES * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. in no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days 7 Bid Response Form is electronic. Please input your prices online. Bid Response is as follows: Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval �— within fifteen (15) days after being notified of an award. #15-6380 Parts for Fleet Heavy and 27 Small Equipment" Packet Page -913- 5/26/2015 16.E.7. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR# or CAGE Code Telephone Number FAX Number Signature /Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #15-6380 Parts for Fleet Heavy and 28 Small Equipment" Packet Page -914- 5/26/2015 16.E.7. Cofer County Administrative Services Division Procurement Services Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 15-6380 Parts for Fleet: Heavy and Small Equipment, OEM and Aftermarket Parts (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #15-6380 Parts for Fleet Heavy and 29 Small Equipment" Packet Page -915- 5/26/2015 16.E.7. Cower County Administrative Services Division Procurement Services Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 15-6380 Parts for Fleet: Heavy and Small Equipment, OEM and Aftermarket Parts This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of ,20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #15-6380 Parts for Fleet Heavy and 30 Small Equipment" Packet Page-916- 5/26/2015 16.E.7. Cater copiHty Administrative Sentces Division Procurement Services Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) - Enter the tax classification (D =Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #15-6380 Parts for Fleet Heavy and 31 Small Equipment" Packet Page-917- 5/26/2015 16.E.7. Colter County Administrative Services Division Procurement Services Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence #15-6380 Parts for Fleet Heavy and 32 Small Equipment" Packet Page-918- 5/26/2015 16.E.7. 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. ljb 1/7/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #15-6380 Parts for Fleet Heavy and 33 Small Equipment" Packet Page-919- 5/26/2015 16.E.7. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph(d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph (d)(2),with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State,or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b), (c), (d), (e) and(f). Typed Name and Title of Certification Official Signature Date Packet Page -920- 5/26/2015 16.E.7. CONFLICT OF INTEREST CERTIFICATION Collier County Solicitation No. I, , 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. Name Signature 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 Part 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. Packet Page-921- 5/26/2015 16.E.7. BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES Prime Contractor/Prime Consultant: Address/Phone Number: Procurement Number/Advertisement Number: 49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and supplies materials on DOT-assisted projects, including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT-assisted project. Prime contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 -$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5 -$10 million 7. ❑ Subcontractor ❑ Between $10 -$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 -$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: Packet Page-922- 5/26/2015 16.E.7. COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a :atus. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED DBE? Y N CONSTRUCTION? Y N BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? ASERVICEDISABLEDVETERAN? WBE? Y N OTHER? Y N SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/REQ) FUNDING SOURCE .ACCEPTED BY: DATE Packet Page -923- 5/26/2015 16.E.7. 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 (I)(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. Name Project Name Title Project Number Firm Tax ID Number Street Address DUNS Number City, State, Zip Signature Date 03/04/2013-(2) 1 Packet Page-924- 5/26/2015 16.E.7. COLLIER COUNTY CERTIFICATION REGARDING LOBBYING The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief,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 making lobbying contacts to 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 [as amended by"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,etseq.)] (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 n 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. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, , 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.A 3801,et seq., apply to this certification and disclosure,if any. Signature of Vendor/Contractor's Authorized Official Name and Title of Vendor/Contractor's Authorized Official Date 03/04/2013-(2) Packet Page-925- 5/26/2015 16.E.7. FTA BUY AMERICA CERTIFICATION A bidder Fero. t submit to the FTA t the 'ate Buy America certification A uiuuc� or offeror must Si,iu�i to the � �� recipient the appropriate �u�/r,���u��cu certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. n Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(/)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 5323(i)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 5323(l)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title Packet Page -926-