Agenda 07/07/2015 Item #16D107/7/2015 16. D.10.
EXECUTIVE SUMMARY
Recommendation to award Bid No. 15 -6454, "Bus Shelters Repairs," to Florida Painters of Lee
County, Inc. as the primary vendor and to Varian Construction as the secondary vendor.
OBJECTIVE: To repair Collier Area Transit (CAT) bus shelters and amenities.
CONSIDERATIONS: Collier Area Transit (CAT) currently has 66 transit shelters and amenities
through the County and will continue installing more as part of its Five -Year Plan. Shelter amenities
include but are not limited to bike racks, trash receptacles, and benches. Daily maintenance of bus stops
and shelters such as trash pickup and pressure washing are included as part of the operations vendor's
contract; major shelters repairs and replacements are part of the County's responsibility. To extend the
useful life of the shelters and amenities they should be refurbished approximately every five years. Some
of the bus shelters are deteriorating from normal wear and tear and are in need of refurbishing. Some were
installed as early as 2003. This bid will allow the use of federal funds for repairs and includes all
necessary federal clauses.
During the annual grant planning process, funds are identified, requested and allocated to cover the cost
of shelters needing repair, replacement and /or construction. CAT identified a total of $100,000 for repairs
in Federal Grant funds for Fiscal Years 13 and 14. For this purpose, CAT sent out solicitations for bids
procuring vendor services to perform the necessary maintenance repairs. On May 6, 2015, the County
Purchasing Division sent out 1,739 notices of the bid solicitation. A total of forty two firms requested the
full bid package, and on May 28, 2015, two firms submitted bids.
Staff requests that the Board approves a minor variation in that the solicitation stated that the County
would award to one vendor. After review of the bids, staff recommends awarding to Florida Painters of
Lee County, Inc. as the primary vendor and Varian Construction as the secondary vendor. If the primary
vendor cannot provide the services in the timeframe requested by the County's Project Manager, then the
secondary firm may be utilized. As stated in the solicitation document, the County shall issue purchase
orders to commence work.
FISCAL IMPACT: Funds for these services are available under the Federal Transit Administration
Urbanized Area Formula Funding Program – Section 5307 - within current and future grant contracts. To
date, funding has been awarded in the amount of $100,000 and is available in the Collier Area Transit
Grant Fund 424 Project Nos. 33296 ($50,000) and 33371 ($50,000).
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: This action has no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners awards Bid No. 15 -6454 for "Bus
Shelters Repairs" to Florida Painters of Lee County, Inc. as primary vendor and Varian Construction as
the secondary vendor.
Prepared by: Yousi Cardeso, Operations Analyst, Public Transit and Neighborhood Enhancement
Attachment: 15 -6454 Bus Shelter Repairs Solicitation and Bid Tab
Packet Page -1719-
7/7/2015 16. D.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. D. 16. D. 10.
Item Summary: Recommendation to award Bid No. 15 -6454, "Bus Shelters Repairs," to
Florida Painters of Lee County, Inc. as the primary vendor and to Varian Construction as the
secondary vendor.
Meeting Date: 7/7/2015
Prepared By
Name: CardesoYousi
Title: Operations Analyst, Public Services Department
6/17/2015 9:09:14 AM
Submitted by
Title: Operations Analyst, Public Services Department
Name: CardesoYousi
6/17/2015 9:09:15 AM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst, Public Services Department
Date: 6/17/2015 9:37:55 AM
Name: ArnoldMichelle
Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department
Date: 6/17/2015 11:52:34 AM
Name: BrilhartBrenda
Title: Procurement Specialist, Administrative Services Department
Date: 6/17/2015 4:58:59 PM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 6/18/2015 11:37:39 AM
Packet Page -1720-
7/7/2015 16.D.10.
Name: JohnsonScott
Title: Manager - Procurement, Administrative Services Department
Date: 6/18/2015 12:38:32 PM
Name: MarkiewiczJoanne
Title: Division Director - Purchasing & Gen Svc, Administrative Services Department
Date: 6/18/2015 2:07:42 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 6/19/2015 2:40:25 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/22/2015 1:54:45 PM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 6/22/2015 2:48:25 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 6/22/2015 4:07:04 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/23/2015 8:34:34 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 9:39:39 AM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 6/25/2015 9:06:05 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/25/2015 1:41:16 PM
Packet Page -1721-
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coA county
Administrative Services Department
Procurement Services Division
GRANT FUNDED
(FTA)
INVITATION TO BID
Date: May 6, 2015
From: Brenda Brilhart, Procurement Strategist
(239) 252 -8446, Telephone Number
(239) 252 -6697, FAX
brendabrilhart@colliergov.net, Email Address
To: Prospective Vendors
Subject: ITB 15 -6454 Bus Shelter Repairs
As requested by the Public Transit & Neighborhood Enhancement (PTNE), 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.neVbid. 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.
c: Yousi Cardeso, Project Manager
Note: All ITB responses submitted either manually or electronically; and if hard copy,
must be submitted as one (1) original, and one (1) exact duplicate copy, including any
required forms.
Pm= mwt Swx» Car' 3327 Tamoni Tia1 East • irapin, Rmd^ 341 12.4941 • ~.no hMe,- +mt+ir "sing
ITB 15 -6454 Bus Shelter Repairs
G \Current Solicitations — Template \Grant Funded ITB Templati - -
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7/7/2015 16.D.10.
Invitation to Bid
Index
PUBLICNOTICE ........................................................................................................................ ..............................3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ................................. ..............................4
EXHIBIT II: GENERAL BID INSTRUCTIONS .................................................................................. ..............................6
EXHIBIT III: STANDARD PURCHASE ORDER TERMS AND CONDITIONS ..................................... .............................10
EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS .......................................................... .............................13
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ...................................................... .............................20
ATTACHMENT 2: VENDOR'S CHECK LIST .................................................................................. .............................21
ATTACHMENT 3: VENDOR RESPONSE FORM ......................................................................... ...............................
22
ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ......................................... ...............................
24
ATTACHMENT 5: VENDOR SUBSTITUTE W — 9 ......................................................................... .............................25
ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS ............................................. ...............................
26
EXHIBIT LA: GRANTING AGENCY REQUIREMENTS ................................................................... .............................28
EXHIBIT A —SCOPE OF WORK
EXHIBIT B — GRANTING AGENCY REQUIREMENTS
EXHIBIT C — GRANT FORMS
ITB 15 -6454 Bus Shelter Repairs 2
G \Current Solicitations — Template \Grant Funded ITF — - -- -
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7/7/2015 16.D.10.
Public Notice
Sealed bid responses for Solicitation ITB 15 -6454 Bus Shelter Repairs, will be received either
electronically or manually at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County local time on May 28, 2015.
ITB responses received after the stated time and date will not be accepted.
Solicitation ITB 15 -6454 Bus Shelter Repairs
A non - mandatory pre -bid conference will be held for this solicitation on May 15, 2015 at 8:30
AM at the Purchasing Building 3227 Tamiami Trail East, Naples Florida 34112. 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 forms 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 Online Bidding System 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
Joanne Markiewicz
Director, Procurement Services Division
Publicly posted on the Collier County Procurement Services website:
www.colliergov.net /purchasing and in the lobby of the Procurement Services Building on May 6,
2015..
ITB 15 -6454 Bus Shelter Repairs
G \Current Solicitations — Template \Grant Funded ITF — ........
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7/7/2015 16. D.10.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Public Transit & Neighborhood Enhancement (PTNE) (hereinafter, the
"Division "), the Collier County Board of County Commissioners Procurement Services Division
(hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining
bids from interested and qualified suppliers in accordance with the terms, conditions and
specifications stated or attached. The Supplier, at a minimum, must achieve the requirements of the
Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments or divisions once awarded
according to the Board of County Commissioners Purchasing Ordinance.
Brief Description of Purchase
See Exhibit A — Scope of Work. Historically, County departments have spent approximately
$25,000 annually.
Award Criteria
ITB award criteria are 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 the lowest, qualified and responsive vendor(s) in
accordance with the following methodology: Award will be based on total bid (line items 1-
24).
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select award to one vendor.
• The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year with three one (1)
year renewal options. Prices shall remain firm for the initial term of this contract. Requests for
consideration of a price adjustment must be made on the contract anniversary date, in writing, to
the Procurement Director. Price adjustments are dependent upon the consumer price index
(CPI) over the past twelve (12) months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
ITB 15 -6454 Bus Shelter Repairs
G \Current Solicitations — Template \Grant Funded ITB Te - -
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7/7/2015 16. D.10.
Projected Solicitation Timetable
Event
Date
Issue Solicitation Notice
5/6/15
Last Date for Receipt of Written Questions
5:00 PM 5/25/15
Non-mandatory re- solicitation meeting
8:30 AM 5/15/15
Addendum Issued
By 5/26/15
Solicitation Deadline Date and Time
2:30 PM 5/28/15
Anticipated Evaluation of Submittals
Week of June 1st
Anticipated Board of County Commissioner's Contract Approval
By 7/31/15
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Response Form
• Attachment 4: Immigration Law Affidavit Certification
• Attachment 5: Vendor Substitute W — 9
• Attachment 6: Insurance and Bonding Requirements
• E- Verify company profile page or memorandum of understanding
• Excluded Parties List System Documentation located at: www.sam.gov, and select
SEARCH.
• Grant Forms — include the following:
1. Debarment and Suspension
2. Buy America
3. Lobbying
4. DBE MBE Participation Form
5. Bid Opportunity List
6. Conflict of Interest
7. Drug Free Workplace
8. Acknowledgement of Terms
ITB 15 -6454 Bus Shelter Repairs
G \Current Solicitations — Template \Grant Funded ITB Te - - -- -
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Exhibit II: General Bid Instructions
1. Purpose /Objective
7/7/2015 16.D.10.
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 forms 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 the Bid. These samples must be submitted to the County during
the bid evaluation period. The County shall be sole judge of equality or similarity, and its decision
shall be final in the best interest.
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.
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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 shall be interpreted as the Vendors intent to fully comply with the
specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of
bid response.
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 rip or 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
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System website: www.colliergov.net /bid.
All paper bids shall be submitted to the County Procurement Director, Collier County Government
Complex, Purchasing Building "G ", 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 /DVD's) with a copy of the vendor's 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.
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.
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10. Protests
Any prospective vendor 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. 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.
13. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
14. General Information
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.
15. 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 ordinance. 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
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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.
16. Grant Funded Purchases
Vendors submitting proposals for this purchase must validate that they are not excluded from
receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial
assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O.
12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement
suspension and debarment. Information for the former "Excluded Parties List System" may be
found at the System for Award Management (SAM) website at www.sam.gov, and select
SEARCH. This is a free web -site which consolidates Federal procurement systems and the
Catalog of Federal Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been
migrated into SAM.
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Exhibit III: Standard Purchase Order Terms and Conditions
1.
Offer
actual receipt of the goods by the COUNTY
This offer is subject to cancellation by the
nonetheless remain with VENDOR.
COUNTY without notice if not accepted by
b) No charges will be paid by the COUNTY for
VENDOR within fourteen (14) days of issuance.
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2.
Acceptance and Confirmation
Unless otherwise provided in Purchase
This Purchase Order (including all documents
Order, no invoices shall be issued nor
attached to or referenced therein) constitutes
payments made prior to delivery. Unless
the entire agreement between the parties, unless
freight and other charges are itemized, any
otherwise specifically noted by the COUNTY on
discount will be taken on the full amount of
the face of this Purchase Order. Each delivery of
invoice.
goods and /or services received by the COUNTY
c) All shipments of goods scheduled on the
from VENDOR shall be deemed to be upon the
same day via the same route must be
terms and conditions contained in this Purchase
consolidated. Each shipping container must
Order.
be consecutively numbered and marked to
show this Purchase Order number. The
No additional terms may be added and Purchase
container and Purchase Order numbers must
Order may not be changed except by written
be indicated on bill of lading. Packing slips
instrument executed by the COUNTY. VENDOR
must show Purchase Order number and
is deemed to be on notice that the COUNTY
must be included on each package of less
objects to any additional or different terms and
than container load (LCL) shipments and /or
conditions contained in any acknowledgment,
with each car load of equipment. The
invoice or other communication from VENDOR,
COUNTY reserves the right to refuse or
notwithstanding the COUNTY'S acceptance or
return any shipment or equipment at
payment for any delivery of goods and /or
VENDOR'S expense that is not marked with
services, or any similar act by VENDOR.
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
3.
Inspection
shipment made under this Purchase Order
All goods and /or services delivered hereunder
and the full invoice value of such shipment.
shall be received subject to the COUNTY'S
d) All invoices must contain the Purchase Order
inspection and approval and payment therefore
number and any other specific information as
shall not constitute acceptance. All payments are
identified on the Purchase Order. Discounts
subject to adjustment for shortage or rejection.
of prompt payment will be computed from the
All defective or nonconforming goods will be
date of receipt of goods or from date of
returned pursuant to VENDOR'S instruction at
receipt of invoices, whichever is later.
VENDOR'S expense.
Payment will be made upon receipt of a
proper invoice and in compliance with
To the extent that a purchase order requires a
Chapter 218, Fla. Stats., otherwise known as
series of performances by VENDOR, the
the "Local Government Prompt Payment
COUNTY prospectively reserves the right to
Act," and, pursuant to the Board of County
cancel the entire remainder of the Purchase
Commissioners Purchasing Policy.
Order if goods and /or services provided early in
the term of the Purchase Order are
5. Time Is Of the Essence
non - conforming or otherwise rejected by the
Time for delivery of goods or performance of
COUNTY.
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
4.
Shipping and Invoices
schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be
interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the
shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply
available to it at law or in equity. VENDOR
with all carrier regulations. Risk of loss of
agrees to reimburse the COUNTY for any
any goods sold hereunder shall transfer to
expenses incurred in enforcing its rights.
the COUNTY at the time and place of
VENDOR further agrees that undiscovered
delivery; provided that risk of loss prior to
delivery of nonconforming goods and /or services
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is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
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including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
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without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
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
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
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such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
Additional items and /or services may be added to the resultant contract, or purchase order, in
compliance with the purchasing ordinance.
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.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 51% or more of the solicitation amount for said work.
6. 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.
7. 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.
8. 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.
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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.
9. 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 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.
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14. 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.
15. 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 (d)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 must be 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
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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.
16. Survivability
The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original
Solicitation 15 -6454 Bus Shelter Repairs will survive and remain subject to the terms and conditions of
that Agreement until the completion or termination of this Purchase Order.
17. 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 Attachment 3 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:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Attachment 3, 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
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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.
18. Immigration Law 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.
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
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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.gov /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.
19. Background Checks
If required, Contractor 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.
20. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and
erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic
Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida
Department of Transportation's Design Standards (DS) on state roadways. These projects shall also
comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference.
Copies are available through the Risk Management and /or Purchasing Departments and are available
on -line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standards Indexes, or other related documents, so to become familiar with their
requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be
enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on
the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt
of Notice of Award.
21. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of
the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from
their work and as work progresses; or upon the request of the County's representative, shall remove and
dispose such debris and materials from the property. The Vendor shall leave all affected areas as they
were prior to beginning work.
22. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with material
suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to
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such an assignment of a material supply agreement shall be referred to as "County Furnished Materials"
and the responsibilities of both the County and the Vendor relating to said materials shall be governed by
the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information from
the Vendor:
Required quantities of material.
Specifications relating to goods and /or materials required for job including brand and /or model
number or type if applicable
Pricing and availability of goods and /or materials provided under Vendor's agreements with material
suppliers
23. 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.
24. 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 bid 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.
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C0 X r County
Administrative Services Department
Procurement Services Division
Attachment 1: 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, 3301 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: ITB 15 -6454 Bus Shelter Repairs
❑ 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:
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Coffier County
Administrative Services Department
Procurement Services Division
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. All granting agency requirements have been met including submittal of required forms.
6. Any required drawings, grant forms, descriptive literature, etc. have been included.
7. Any delivery information required is included.
8. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been
included.
9. Addendum have been signed and included, if applicable.
10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at:
www.sam.gov.
11. Immigration Affidavit and a copy of the company's E- Verify profile page or memorandum of
understanding.
12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB.
13. 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 -6454 Bus Shelter Repairs
• Opening Date:
14. 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.)
15. 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
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Copier Couvcty
Administrative Services Department
Procurement Services Division
Attachment 3: Vendor Response Form
:*u
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: ITB 15 -6454 Bus Shelter Repairs
Dear Commissioners:
7/7/2015 16.D.10.
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 comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the
following.
* * * 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
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.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
2015 in the County of in the State of
Firm's Complete Legal Name
Firm's Dun and Bradstreet
Number (DUNS)
(Found at www.dnb.com)
CCR # or CAGE Code
(Found at www.ccr.gov)
Florida Certificate of Authority
Document Number
(http: / /www.sunbiz.org)
Federal Tax Identification
Number
Address
City, State, Zip
Telephone Number
FAX Number
Check one of the following: ❑
Sole Proprietorship
❑
Corp or P.A. State of
❑
Limited Partnership
❑
General Partnership
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
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CO e.'r voivimma y
Administrative Services Department
Procurement Services Division
Attachment 4: Immigration Law Affidavit Certification
Solicitation # and Title : ITB 15 -6454 Bus Shelter Repairs
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
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
(Type of Identification and Number)
as identification.
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.
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Administrative Services Department
Procurement Services Division
Attachment 5: 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
State
Telephone FAX
Order Information
Address
City State
FAX
Email
SM
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_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
:ertification: Under penalties of perjury, l certify that the information shown on this form is correct to my knowled e.
Signature Date
Title Phone Number
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co seer connty
Administrative Services Department
�i
Procurement Services Division
Attachment 6: 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 Contractor /Vendor/
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 Contractor /Vendor /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 $
❑ Professional Liability $
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $_
❑ Valuable Papers Insurance $_
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Per Occurrence
Per claim and in
the aggregate
Per Occurrence
Per Occurrence
26
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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.
Lib 4/21/2015
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
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Exhibit A — SCOPE OF WORK
Shelter Repair Scope of Work
The intent of this solicitation is to obtain a contractor that would be responsible for refurbishing the
Collier Area Transit (CAT) bus shelters and associated amenities including, benches, bike racks and waste
containers. The County will identify the locations of the shelters that require refurbishment as well as
the specific defect that should be corrected at each site. All surface preparation, pretreatment, paint,
paint related items, material, labor, equipment, Maintenance of Traffic (MOT) and any other items
required to properly prepare the surface of the structures and field paint the structures per the paint
manufactures recommendations shall be considered incidental to the work. Quotes will be requested
for each defect by shelter and amenity style. The quotes will be provided in a lump sum total.
The CAT system currently has two types of shelters installed along it routes. The following is a
description of each shelter type and the respective specifications.
Courthouse Style Shelter description:
The courthouse style shelters listed for repair on this Bid consist of the following: a southern style
shelter manufactured by Brasco International, Inc., a gray 32 Gallon Rib flare waste container model
LR30OR manufactured by Wabash Valley with a dome top lid, a gray 6 foot Victor Stanley bench model C-
10 and a gray U -rack bike rack manufactured by Trilary, Inc. A photograph of the shelter is provided in
Exhibit A of this document.
Rural Style Shelter description:
The rural style shelter listed for repair on this Bid consist of the following: a rural style shelter
manufactured by RCP Shelters, Inc., a brown concrete waste container from Wausau Tile Site
Furnishings model TF1015 W19 w /W19 push -door top and a green U -rack bike rack manufactured by
Trilary, Inc. A photograph of the shelter is provided in Exhibit A of this document.
Pretreatment Specifications
The contractor will be required to perform the following pretreatment tasks on items at the shelter
where work is to be completed to ensure the surfaces are clean of debris and particles to ensure a
quality work product. Pressure wash, fungicide and solvent clean all surfaces to meet the SSPC -SP -1
Cleanliness Standard to remove any contamination that may be present. After washing, if a visible
contaminant is still present, solvent wipe using xylene to remove all remaining contaminants.
For Courthouse Style shelter:
Remove all existing coating from shelter structure; roof may be sanded to a dull smooth finish. Wire
brush and /or mechanically abrade all rusting surfaces to bright metal. Care should be taken not to
abrade the surface too aggressively as surface defects may be visible when coated depending on
coating thickness application. Solvent wipe to remove all contaminants. Sand the surface to a
minimum of a 1 mil anchor profile — preferably 2 -3 mils. Solvent wipe to remove all contaminants.
Note: On the courthouse style shelters please provide quotes with the replacement of broken
decors.
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For Victor Stanley bench arms; bike racks; waste container mounting; and Rural style shelter
structure including roof.
Wire brush and /or mechanically abrade all rusting surfaces to bright metal. Sand to a dull smooth finish
and feather sand out all rough edges. Solvent wipe to remove all contaminants. Sand the surface to a
minimum of a 1 mil anchor profile preferably 2 -3 mils. Wipe with solvent to remove all contaminants.
For wood surfaces on Rural Style shelters:
Reset all protruding nail heads and putty over until a level surface is achieved. Replace all damaged
wood of the seat or roof with new wood with equal size and material. For the wooden benches sand
to remove all existing paint, contaminants and stains.
Painting Specifications
All paint colors are to be matched to the current surfaces unless stated otherwise. Apply all coats of
paint according to manufacturer's specifications. To the maximum extent practical, apply each coat of
paint as a continuous film, of uniform thickness, free of pores. Repaint all thin spots or areas missed in
the application, and allow them to dry before applying the next coat of paint. When recoating is
required, allow each coat of paint to dry for a minimum of 48 hours before applying the succeeding coat.
Painting Specifications for metal surfaces:
First spot prime all joints and welds with PPG Amerlock 2. For the first full coat prime bare metal with PPG
Amerlock 2 Metal Primer to a Theoretical wet film thickness of 6 -7 mils and Theoretical dry film to 4 -6
mils. Then apply second coat of Ameron PSX700 with a Theoretical wet film thickness of 2 -3 mils and a
Theoretical dry film of1.1 -1.6 mils. The total system dry film thickness should be at 5.1 to 7.6 MILS.
Paint Specifications for the wood surfaces of the Rural style shelter roof:
First spot prime where needed with Porter #515 Wood Bonding Primer. For the first coat use Porter #4 -808
Clear Sealer with a Theoretical spread rate of 200 to 400 mils. Then apply second coat of Porter #739 Acri-
Shield Acrylic Satin with a Theoretical spread rate of 200 to 400 mils, a Theoretical wet film thickness of 4
mils and a Theoretical dry film of 1.4 mils. The total system dry film thickness should be at 1.4 MILS.
Weather and Temperature Limitations for Field and Maintenance Coating:
Ensure the ambient air temperature, relative humidity, and dew point and surface temperature of the
steel to be coated are within limits recommended by the coating manufacturer. Do not apply coatings
when contamination from rainfall is imminent or when the temperature or humidity is outside limits
recommended by the coating manufacturer.
Protection of Adjacent Surfaces:
Consider wind direction, velocity and geographic location as having a major impact on all cleaning and
painting operations. If conditions are such that material is dispersed to areas where vehicles or other
property may be damaged, suspend operations until conditions improve enough to permit work without
damage.
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Protect all surfaces not intended to be painted, which are adjacent to, or in close proximity to the
surfaces to be painted, during the application of paint. Clean surfaces other than those intended to be
painted until all traces of paint have been removed and the surface has an acceptable appearance. Use
all necessary precautions to prevent material from cleaning and painting operations from being
dispersed outside the work site.
Other Specifications
Courthouse Style bench slats:
Replace broken slats of the recycled plastic benches with equivalent provided by County. In the cases
that most of the slats are broken; replacement of entire bench may be more cost effective. Slats must
be installed per manufacturer's specification to ensure warranty.
Signs and Schedule Holders (Exhibit 8):
Remove all bus stop signs and schedule holders attached to shelter structure and reinstall on a separate
pole provided by the county on the appropriate bound of the bus. Bus stop sign needs to be installed
per FDOT's guidelines.
Final Cleaning Up of Right -of -Way:
Upon completion of the work, and before the Department accepts the work and makes final payment,
remove any paint drips or spots from the concrete slab and surrounding area, remove from the right -of-
way and adjacent property. Restore in an acceptable manner all property, both public and private, that
has been damaged during the prosecution of the work; and leave the walkways unobstructed and the
roadway in a neat and presentable condition throughout the entire length of the work under contract.
Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or
without the consent of the property owners.
Contractors Requirements /Responsibilities:
(a) The contractor is responsible for providing all materials necessary for the refurbishment of the
shelters with the exception of bench slats, waste containers, signs, schedule holders and poles when
replacement is necessary.
(b) The Contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance
with the current CMA Instruction 5807 of the County administrative procedure during all phases of
project work. Observation of unsafe MOT practices by County Transportation or Risk Management
personnel will be grounds for an order to cease work. Continued unsafe MOT practices will be
grounds for voiding this contract.
(c) The Contractor shall keep the area of work protected from the public at all times during the length of
the repair.
(d) All MOT shall be considered as incidental work and payment therefore is included in the respective
contract bid amounts. No material, labor or equipment, shall be added to invoice costs for design,
set -up, take -down, or maintenance of proper MOT.
(e) The Contractor shall be capable of providing field engineering and technical assistance as needed
within the contract period.
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(f) All project meetings, scheduled or unscheduled, field meetings, office work, and permit application
preparation work shall be considered administrative overhead and incidental to contract work, and
'an�-' is to be performed without billing.
(g) The County reserves the right to undertake any work outlined in these specifications by County
forces or by other contracts if such action is in the best interest of the County.
(h) Contractor may be required to perform work at night and /or on weekends due to lane closure
prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors
or arterials, except for emergency repairs. No lane closures shall take place between the hours of
6:00 a.m. and 8:00 p.m. between the dates of November 1st and April 30th without express consent
of the Traffic Operations Director.
Prices:
Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage and be
exclusive of taxes. Prices quoted must be firm for the term of the Contract.
Warranty:
The Contractor shall warrant this work to be free of defects in workmanship that would cause the
coating to blister, peel, soften, or loosen bond for a period of five (5) years from the date of acceptance
by Collier County.
BID RESPONSE FORM — See Bid Schedule Attachment
The intent of this contract is to provide refurbishing of Collier Area Transit (CAT) bus shelters including,
benches, bike racks and waste containers. All surface preparation, pretreatment, paint, paint related
10 items, material, labor, equipment, MOT and any other items required to properly prepare the surface of
the structures and field paint the structures per the paint manufactures recommendations shall be
considered incidental to the work. This work is federally funded and is being bid as Lump Sum.
EXHIBIT A
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NOTE: MIN ILIM CLEARA.
PREVENTS THE RREA
OF MIRRORS AN'
SCRATCH4tNG OF iL''
STRE ='
B
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EXHIBIT
VR I aus aliop sign placement
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WALK
32
1-11
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Exhibit B: Granting Agency Requirements
• Federal Transit Administration Provisions
Davis Bacon Wage Tables dated 3/20/2015
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 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. No Government Obligation to Third Parties
2. Program Fraud and False or Fraudulent Statements and Related Acts
3. Access to Records and Reports
4. Federal Changes
5. Civil Rights Requirements
6. Incorporation of Federal Transit Administration (FTA) Terms
7. Energy Conservation Requirements
8. Termination
9. Government -wide Debarment and Suspension - Sign Exhibit Certification
10. Buy America Requirements - Sign Certification
11. Breaches and Dispute Resolution
12. Lobbying - Sign Certification
13. Clean Air
14. Clean Water Requirements
15. Cargo Preference Requirements
16. Fly America
17. Davis -Bacon and Copeland Anti- Kickback Acts
18. [Reserved]
19. Contract Work Hours and Safety Standards Act
20. Bonding Requirements
21. Seismic Safety Requirements
22. Transit Employee Protective Agreements
23. Charter Bus and School Bus Requirements
24. Drug and Alcohol Testing
25. Patent and Rights in Data
26. Dept of Labor EEO Provision
27. Disadvantaged Business Enterprises (DBE)
28. Recycled Products
29. [Reserved]
30. ADA Access
31. Bus Testing - Sign Certification
32. Pre -Award and Post Delivery Audit Requirements - Sian Certification
33. Privacy Act
34. ITS Standards
35. Conflict of Interest
36. Drug Free Workplace
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in
or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to
the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance
provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be
subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(Applies to subcontracts)
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C.
§ 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of
1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who
will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this Contract:
(1) Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 C.F.R. 1836(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books, documents, papers and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major
capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at
49 U.S.C. 5307, 5309 or 5311.
(2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including
any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at
49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or
5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently
set at $100,000.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
(3) `Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition
threshold and is an institution of higher education, a hospital or other non -profit organization and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any
books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts and transcriptions.
(4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C.
5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than
competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of
Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
(5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed.
(6) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not
less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the
FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
4. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material
breach of this contract.
5. CIVIL RIGHTS REQUIREMENTS
(Applies to subcontracts)
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the
Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,
42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may
issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying
contract:
(a) Race Color Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. §
2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sex., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course
of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623
and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the
Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations
to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Applies to subcontracts)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard
Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All
contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything
to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply
with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.
7. ENERGY CONSERVATION REQUIREMENTS
(Applies to subcontracts)
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
8. TERMINATION
a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any
time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs,
including contract close -out costs, and profit on work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession
belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in
accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner
called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may
terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting
forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered
and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire,
or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the
notice of termination will state the time period in which cure is permitted and other appropriate conditions
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of
this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said
breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any
such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies
against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor
of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may
terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient
shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of
termination.
L Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within
the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this
contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor
a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights
and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the
services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to
comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be
paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the
(Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the
Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights
and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with
the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the
work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may
terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or
otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing
the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal
or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is
terminated. This liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-
a) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault
or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of
another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
b) The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the
causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but
subject to appeal under the Disputes clauses.
c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the
termination had been issued for the convenience of the Recipient.
L Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in
whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and
effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications,
reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed
or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the
contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by
contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights
and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any
portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for
convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the
manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any
property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the
(Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the
contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the
Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close -out costs, and a fee, if
the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for
not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON - PROCUREMENT)
(Applies to subcontracts)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that
none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR
29, Subpart C in any lower tier covered transaction it enters into.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
10. BUY AMERICA REQUIREMENTS
(Applies to subcontracts)
7/7/2015 16.D.10.
The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be
obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a
waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C.
5323C)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (Attachments) 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.
11. 'BREACHES AND DISPUTE RESOLUTION
(Applies to subcontracts)
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be
decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and
conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity
to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the
Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this
Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or
omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages
therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of
damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between
the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the
parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right
or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
12. LOBBYING
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with respect to that
Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
13. CLEAN AIR
(Applies to subcontracts OVER $100,000)
7/7/2015 16.D.10.
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,
as amended, 42 U.S.C. §§ 7401 et M. The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office,
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in
part with Federal assistance provided by FTA.
14. CLEAN WATER REQUIREMENTS
(Applies to subcontracts OVER $10,000)
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seg. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in
part with Federal assistance, provided by FTA.
15. CARGO PREFERENCE REQUIREMENTS
(Applies to subcontracts)
Use of United States -Flag Vessels - The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United
States -Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within
30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated,
"on- board" commercial ocean bill -of - lading in English for each shipment of cargo described in the preceding paragraph to the
Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA
recipient (through the contractor in the case of a subcontractor's bill -of- lading.)
c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the
transport of equipment, material. or commodities by ocean vessel.
16. FLY AMERICA REQUIREMENTS
(Applies to subcontracts)
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services
Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and subrecipients of Federal funds and their
contractors are required to use U.S. Flag air carriers for U.S. Government - financed international air travel and transportation of
their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of
necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was
necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America
requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
17. DAVIS -BACON AND COPELAND ANTI - KICKBACK ACTS
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act
on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided
in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible
place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore
only when the following criteria have been met:
• Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification
requested is not performed by a classification in the wage determination; and
• The classification is utilized in the area by the construction industry; and
• The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
• With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is
performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives,
and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time
is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this
section, shall be paid to all workers performing work in the classification under this contract from the first day on which work
is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall
pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a
plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the
applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in
a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage determination.
The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the
following criteria have been met:
The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
The classification is utilized in the area by the construction industry; and
The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives,
and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative,
will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this
section, shall be paid to all workers performing work in the classification under this contract from the first day on which work
is performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract
with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the
full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 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 written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the
work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development
of the project). Such records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to
Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This
information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014 -1), U.S. Government Printing Office,
Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5 and that such information is correct and complete;
That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions
as set forth in Regulations, 29 CFR part 3;
That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated
into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall
satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for
inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of
Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force
under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification
of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage
and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment
and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Eaual employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)
through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be
subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or
their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
18. [ RESERVED 1
19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in
paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - Collier County shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)
through (4) of this section and also a clause, requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in paragraphs (1) through (4) of this section.
20. BONDING REQUIREMENTS
Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently
authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder.
Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids,
or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the
opening of bids, without the written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)]
days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as
provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material
Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he
shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to
enter into an agreement, or provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check,
Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by
(Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense
(Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over
to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
The undersigned understands that any material alteration of any of the above or any of the material contained on this form,
other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a
contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as
required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a
financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law)
may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or
letters of credit shall be approved as to form by the County Attorney.
A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. 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 meet the
requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed
via the web at www.fms. treas .eov /c570 /c570.html4certified. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is
terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the
Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of
which shall be subject to the Owner's approval.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and
a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to
protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial
responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to
protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this
Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in
conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If
required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The
Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against
defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall
replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to
(Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided
in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same
corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds
shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period
of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100 %) of the
CONTRACT SUM, as adjusted (if at all).
21. SEISMIC SAFETY REQUIREMENTS
The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance
with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41
and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
performed under this contract including work performed by a subcontractor is in compliance with the standards required by the
Seismic Safety Regulations and the certification of compliance issued on the project.
22. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
(Applies to subcontracts)
Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee
protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved,
the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed
under this contract and to meet the 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 amendments thereto. These terms and conditions are identified in the letter of certification from the
U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the
underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL
letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance
provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. §
5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are
set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. � 5310(a)(2) for Elderly Individuals and
Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future
that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body
subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in
compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. §
5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in
the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with
the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with
the conditions stated in that U.S. DOL letter.
(c) Transit Emplovee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the
contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed
to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or
any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations
financed in whole or in part with Federal assistance provided by FTA.
23. CHARTER BUS REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients
of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least
one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any
charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the
provision of mass transportation.
SCHOOL BUS REQUIREMENTS
Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school
bus operations exclusively for the transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable
exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities.
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Exhibit B 7/7/201516.D.10.
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
24. DRUG AND ALCOHOL TESTING
Introduction
FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the regulations• issued by FTA. First, they require
recipients to ensure that any entity performing a safety- sensitive function on the recipient's behalf (usually subrecipients and/or
contractors) implement a complex drug and alcohol testing program that complies with Part 655. Second, the rules condition
the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance
with the rules unless every entity that performs a safety- sensitive function on the recipient's behalf is in compliance with the
rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them.
Explanation of Model Contract Clauses:
Collier County relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 655, but
retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the
drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for
complying with the rules on the entity that is actually performing the safety- sensitive function. Moreover, it reserves to the
recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without
adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules.
Drug and Alcohol Testing
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 compliance with Part 655, and permit any authorized representative of the
United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or
the (insert name of grantee), to inspect the facilities and records associated with 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.
25. PATENT AND RIGHTS IN DATA
(Applies to subcontracts)
A. Rights in Data - This following requirement applies to each contract involving experimental, developmental or research
work:
(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or
specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or
photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards,
magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not
limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals,
technical reports, catalog item identifications, and related information. The term "subject data" does not include financial
reports, cost analyses, and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the contract to which this
Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part,
or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the
Federal Government, until such time as the Federal Government may have either released or approved the release of such data
to the public; this restriction on publication, however, does not apply to any contract with an academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R § 19.36, the Federal Government reserves a royalty-free, non- exclusive
and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government
purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the
previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government.
Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
1. Any subject data developed under that contract, whether or not a copyright has been obtained; and
7/7/2015 16.D.10.
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by
FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to
increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to
participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing
experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to
permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of
that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the
experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason
whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and
shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of
automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in
part with Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to
indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their
official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the
Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation,
reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor
shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee,
official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be
construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the
Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has
been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or
Contractor identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e.,
a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through
FTA, those rights in that invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research
work fmanced in whole or in part with Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or research
work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or
under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under
the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary
to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a
large business, small business, state government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA,
those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights
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Federal Transit Administration Provisions
CFDA 20.500 / 20.507
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental,
or research work financed in whole or in part with Federal assistance provided by FTA.
26. 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 Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note.
27. DISADVANTAGED BUSINESS ENTERPRISE
Background and Annlicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became
effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include
DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting
requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions
(including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT - assisted contracting activities. A formal clause such as that below must be included
in all contracts above the micro - purchase level. The requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29).
Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part 26, Participation by
Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs. Collier Area Transit's
goal for DBE participation is 2.58 %.
b. A separate contract goal has not been established for this procurement.
c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
this DOT - assisted contract. Failure by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as Collier County deems
appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph
(see 49 CFR 26.13(b)).
d. The successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means
throughout the period of performance. In order to comply with the provisions of 49 CFR 26, the bidder /offeror agrees
to the following:
• Bid Opportunity List: shall submit with all Requests for Proposals and Invitations For Bid.
• Anticipated DBE Participation Statement: shall submit with all Requests for Proposals and Invitations For Bid.
• DBE Directory: the bidder /offeror may use the online DBE directory, BizNet,
www. bipincwebapps.com/biznetflorida/ to locate ready, willing, and able DBE's to perform sub - contractor work
or sub - consultant work on USDOT assisted contracts.
• Subcontractor Payment Report: shall submit monthly to comply with monitoring requirements of 49 CFR 26.
e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work from Collier
County. In addition, the contractor is required to return any retainage payments to those subcontractors within thirty
(30) days after the subcontractor's work related to this contract is satisfactorily completed.
f The contractor must promptly notify Collier County, whenever a DBE subcontractor performing work related to this
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
7/7/2015 16.D.10.
contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written consent of Collier County.
28. RECYCLED PRODUCTS
(Applies to subcontracts for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such
items purchased during the previous fiscal year was $10,000.)
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions
of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40
CFR Part 247.
29. [ RESERVED 1
30. 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.
31. BUS TESTING
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation
at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a
copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior
to the recipient's final acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that
the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical
configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to
recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall
provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring
additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States
before October 1, 1988, and is currently being produced without a major change in configuration or components), the
manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration
and major components.
32. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(1) and FTA's
implementing regulation at 49 C.F.R. Part 66' ) and to submit the following certifications:
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
(1) Riiy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or
noncompliance with Buy America. If the Bidder /Offeror certifies compliance with Buy America, it shall submit
documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by
manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock,
including a description of the activities that will take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid
specifications.
(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self - certification
sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted
buses will not be subject to FMVSS regulations.
33. PRIVACY ACT
5 U.S.C. 552
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its
employees that administer any system of records on behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and
other applicable requirements of the Privacy Act of 1974,
5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before
the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands
that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those
individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying
contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf
of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
34. 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).
35. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document.
Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of
itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of
interest situations during contract selection and execution.
36. Drug Free Workplace
Drug -Free Work Place: The Contractor has implemented a drug -free workplace program and will continue to enforce such
program for the duration of resultant agreement. A drua free workplace program includes:
i. A published statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
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CFDA 20.500 / 20.507
7/7/2015 16.D.10.
ii. Employee information about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug -free workplace, any available drug counseling, rehabilitation, employee assistance programs and the
penalties that may be imposed upon employees for drug abuse violations.
iii. Providing each employee engaged in delivering the commodities or contractual services that are under this bid or
proposal a copy of the statement specified in Paragraph 1.
iv. Notifying the employees that, as a condition of working on the commodities or contractual services that are under
this bid or proposal that they will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or polo contender to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
V. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, by any employee who is so convicted.
vi. Make a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraphs i.
through v. above.
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21
General Decision Number: FL150012 03/20/2015 FL12
Superseded General Decision Number: FL20140012
State: Florida
Construction Type: Building
County: Collier County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis -Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
E0, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov /whd /govcontracts.
Modification Number
0
1
2
3
4
ELEC0349 -005 09/01/2014
Publication Date
01/02/2015
01/09/2015
01/23/2015
03/06/2015
03/20/2015
Entire County except that portion due west of Broward County
and east of the south southwest corner of Hendry County
Rates Fringes
ELECTRICIAN ......................$ 25.55 8.08
----------------------------------------------------------------
FLEC0728 -005 03/01/2015
Remainder of County
Rates Fringes
ELECTRICIAN ......................$ 28.50 10.65
----------------------------------------------------------------
ENGI0487 -007 07/01/2013
Rates Fringes
OPERATOR: Crane
All Tower Cranes Mobile,
Rail, Climbers, Static -
Mount; All Cranes with
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* IR0N0272 -003 02/01/2015
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL ....... $ 23.76 7.78
----------------------------------------------------------------
PAIN0365 -002 08/01/2014
Rates Fringes
PAINTER: Spray ..................$ 15.75 7.88
----------------------------------------------------------------
PLUM0630 -003 07/01/2013
Rates Fringes
PIPEFITTER (HVAC Pipe
Installation ) ....................$ 26.61 10.45
----------------------------------------------------------------
SHEE0032 -003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation ) ....................$ 23.50 12.18
----------------------------------------------------------------
SUFL2009 -008 05/22/2009
Rates Fringes
BRICKLAYER .......................$ 18.95 0.00
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T l /
7/7/2015 16.D.10.
Boom Length 150 Feet &
Over (With or without jib)
Friction, Hydro, Electric
or Otherwise; Cranes 150
Tons & Over; Cranes with 3
Drums (When 3rd drum is
rigged for work); Gantry &
Overhead Cranes; Hydro
Cranes Over 25 Tons but
not more than 50 Tons
(Without
Oiler /Apprentice);
Hydro /Friction Cranes
without Oiler /Apprentices
when Approved by Union; &
All Type of Flying Cranes;
Boom Truck ..................$
29.05
8.80
Cranes with Boom Length
Less than 150 Feet (With
or without jib); Hydro
Cranes 25 Tons & Under, &
Over 50 Tons (With
Oiler /Apprentice); Boom
Truck .......................$
28.32
8.80
OPERATOR: Mechanic ..............$
28.32
8.80
OPERATOR: Oiler .................$
22.99
8.80
* IR0N0272 -003 02/01/2015
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL ....... $ 23.76 7.78
----------------------------------------------------------------
PAIN0365 -002 08/01/2014
Rates Fringes
PAINTER: Spray ..................$ 15.75 7.88
----------------------------------------------------------------
PLUM0630 -003 07/01/2013
Rates Fringes
PIPEFITTER (HVAC Pipe
Installation ) ....................$ 26.61 10.45
----------------------------------------------------------------
SHEE0032 -003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation ) ....................$ 23.50 12.18
----------------------------------------------------------------
SUFL2009 -008 05/22/2009
Rates Fringes
BRICKLAYER .......................$ 18.95 0.00
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r_ _ _ n _ r �
7/7/2015 16.D.10.
CARPENTER ........................$
16.23
3.70
CEMENT MASON /CONCRETE FINISHER...$
13.05
1.49
INSULATOR - PIPE & PIPEWRAPPER ...
$ 13.13
3.03
LABORER: Asphalt Shoveler .......
$ 7.88
0.00
LABORER: Common or General ......
$ 11.79
2.03
LABORER: Concrete Saw (Hand
Held /Walk Behind) ................$
12.63
0.00
LABORER: Mason Tender - Brick ...
$ 13.00
0.00
LABORER: Mason Tender -
Cement /Concrete ..................$
12.83
1.90
LABORER: Pipelayer ..............$
12.31
1.19
LABORER: Roof Tearoff ...........
$ 8.44
0.00
LABORER: Landscape and
Irrigation .......................$
12.00
0.00
OPERATOR: Asphalt Spreader ......
$ 11.41
0.00
OPERATOR: Backhoe /Excavator .....
$ 11.00
0.00
OPERATOR: Bulldozer .............$
15.01
0.00
OPERATOR: Distributor ...........
$ 12.37
0.00
OPERATOR: Forklift ..............$
14.00
0.00
OPERATOR: Grader/Blade ..........
$ 13.73
0.00
OPERATOR: Loader ................$
13.80
1.79
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) .........
$ 11.69
0.00
OPERATOR: Pump ..................$
19.00
0.00
OPERATOR: Roller ................$
10.68
0.00
OPERATOR: Screed ................$
11.34
0.00
OPERATOR: Tractor ...............$
9.91
0.00
OPERATOR: Trencher ..............$
11.75
0.00
PAINTER: Brush and Roller .......
$ 13.46
0.00
PIPEFITTER, Excludes HVAC
Pipe Installation ................S
17.83
0.00
PLUMBER ..........................$
13.58
0.00
ROOFER (Installation of Metal
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Packet Page -1780-
4/28/2015
7/7/2015 16.D.10.
Roofs Only) ......................$ 14.26
ROOFER, Includes Built Up,
Hot Tar, Modified Bitumen,
Shake & Shingle, Single Ply,
Slate, & Tile Roofs (Excludes
Installation of Metal Roofs) ..... $ 13.92
SHEET METAL WORKER, Excludes
HVAC Duct Installation ........... $ 18.79
TILE SETTER ......................$ 14.61
TRUCK DRIVER: Dump Truck ........ $ 10.00
0.59
0.52
3.21
0.00
0.00
TRUCK DRIVER: Lowboy Truck ...... $ 12.09 0.00
---------------------------------------------------------- - - - - --
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
---------------------------------------------------------- - - - - --
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
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7/7/2015 16.D.10.
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012 -007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG -OH -0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated /CBA rate of the union locals from which the rate is
based.
---------------------------------------------------------- - - - - --
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
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7/7/2015 16.D.10.
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
9.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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7/7/2015 16.D.10.
Exhibit C: Grant Forms
1. Debarment and Suspension
2. Buy America
3. Lobbying
4. DBE MBE Participation Form
5. Bid Opportunity List
6. Conflict of Interest
7. Drug Free Workplace
8. Acknowledgement of Terms
ITB 15 -6454 Bus Shelter Repairs 34
G \Current Solicitations — Template \Grant Funded ITB Temp' -`-
Packet Page -1784-
7/7/2015 16.D.10.
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three -year period preceding this application /proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name
Title
Firm
Street Address, City, State, Zip
Signature
Project Name
Project Number
Tax ID Number
DUNS Number
Packet Page -1785-
03/04/2013- (2)
1
7/7/2015 16.D.10.
FTA BUY AMERICA CERTIFICATION
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(be/ouvI 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.
❑ Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S. C. 5323(1)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1)
and the applicable regulations in 49 C.F.R. Part 661.5.
Date
Company Name
Title
Signature
Certificate of Non - Compliance with 49 U.S. C. 5323(1)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7.
Date
Company Name
Title
Signature
® Certification requirement for procurement of buses, other rolling stock and associated
equipment.
Certificate of Compliance with 49 U.S.C. 5323(f)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49
U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date
Company Name
Title
Signature
Certificate of Non- Compliance with 49 U.S.C. 53236)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49
U.S.C. 53230)(2)(A), 53230)(2)(6), or 53230)(2)(D), and 49 CFR 661.7.
Date
Company Name
Title
Signature
Packet Page -1786-
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(SPa rPvarca fnr ni Ihlirt hl irrlan rii zHrvti Ire
7/7/2015 16.D.10.
Approved by OMB
0348 -0046
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
71 a. contract
j a. bid /offer /application
j 7 a. initial filing
b. grant
b. initial award
�J b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
e. loan guarantee
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ Subawardee
and Address of Prime:
Tier , if known:
Congressional District, if known: 4c
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name /Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(if individual, last name, first name, Ml):
different from No. 1Oa)
( last name, first name, Ml):
11, Information requested through this form is authorized by title 31 U.S.C. section
Signature:
1352. This disclosure of lobbying activities is a material representation of fact
upon which reliance was placed by the her above when this transaction was made
Print Name:
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This
Information will be available for public inspection. Any person who falls to file the
disclosure be
Title:
required shall subject to a civil penalty of not less than $10,000 and
Telephone No.: Date:
not more than $100,000 for each such failure.
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7 -97)
Packet Page -1787-
7/7/2015 16.D.10.
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make
payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employeeof a Memberof Congress in connection with a covered Federalaction. Completeall items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reportingentity that designates if it is, or expectsto be, a prime or subaward recipient. Identifythe tier of the subawardee, e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee, "then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application /proposal control number
assigned by the Federal agency). Include prefixes, e.g., 'RFP- DE -90- 001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his /her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348- 0046), Washington„
DC 20503.
Packet Page -1788-
7/7/2015 16.D.10.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a
PRIME NAME
PRIME FEID NUMBER
CONTRACT DOLLAR AMOUNT
BA
Hispanic American
HA
IS THE PRIME A FLORIDA- CERTIFIED DISADVANTAGED,
NA
IS THE ACTIVITY OF THIS CONTRACT...
MINORITY OR WOMEN BUSINESS ENTERPRISE?
DBE? Y N
CONSTRUCTION ? Y N
(DBE /MBE /WBE) OR HAVE A SMALL DISADVANTAGED
NMW
Other: not of any other group listed 1
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
MBE? Y N
CONSULTATION? Y N
ADMINISTRATION? A SERVICE DISABLED VETERAN?
WBE? Y N
OTHER? Y N
SDB 8A? Y N
IS THIS SUBMISSION A REVISION?
Y N I
IF YES, REVISION NUMBER
IDBE M /WBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNICrTY CODE I DOLLAR AMOUNT ( PERCENT OF CCOOSNTRACT
VETERAN NAME SPECIALTY (See Below)
NAME OF SUBMITTER DATE TITLE OF SUBMrrTER
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.
FEET-
Black American
BA
Hispanic American
HA
Native American
NA
Subcont. Asian American
SAA
Asian- Pacific American
APA
Non - Minority Womeni
NMW
Other: not of any other group listed 1
0;
I DEPARTMENT NAME I COLLIER CONTRACT# (IFB /RFP orPO /REQ) I GRANT PROGRAM /CONTRACT I
ACCEPTED BY: I DATE I
Packet Page -1789-
w
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5, Year Firm Established:
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
7/7/2015 16.D. 10.
EQUAL OPPORTUNITY OFFICE
02/08
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
1. Federal Tax ID Number:
6. ❑ DBE
8.
Annual Gross Receipts
2. Firm Name:
❑ Non -DBE
❑
Less than $1 million
3. Phone:
Less than $1 million
❑
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:
More than $15 million
4. Address:
❑
Between $1 - $5 million
4. Address:
7. ❑ Subcontractor
❑
Between $5 - $10 million
7. ❑
Subcontractor
❑
Between $10 - $15 million
❑
Subconsultant
❑
More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
1. Federal Tax ID Number:
6. ❑ DBE
8.
Annual Gross Receipts
2. Firm Name:
❑ Non -DBE
El
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 -1790-
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
7/7/2015 16.D.10.
275-030.10
EQUAL OPPORTUNITY OFFICE
02/08
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
1. Federal Tax ID Number:
6. ❑
DBE
8.
Annual Gross Receipts
2. Firm Name:
❑
Non -DBE
❑
Less than $1 million
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
7. ❑ Subcontractor
❑ Subconsultant
❑
Between $1 - $5 million
❑
Between $5-$10 million
❑
Between $10 - $15 million
❑
More than $15 million
6. ❑ DBE
8.
Annual Gross Receipts
❑ Non -DBE
❑
Less than $1 million
❑
❑
Between $1 - $5 million
Less than $1 million
❑
Between $5 - $10 million
7. ❑ Subcontractor
❑
Between $10 - $15 million
❑ Subconsultant
❑
More than $15 million
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 -1791-
7/7/2015 16.D.10.
COLLIER COUNTY
Vendor Submittal — 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 -1792-
7/7/2015 16.D.10.
COLLIER COUNTY
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).
Certifying Official Name Title
Signature Date
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7/7/2015 16. D.10.
COLLIER COUNTY
Acknowledgement of Terms, Conditions, and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
The recipient shall document in the quarterly report the subcontractor's progress in performing its work
under this agreement. For each subcontract, the Recipient shall provide a written statement to the
Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant
requirements identified in this solicitation document(s).
Vendor /Contractor Name Date
Authorized Signature
Address
Solicitation /Contract #
Packet Page -1794-
02/15 R3