Agenda 12/09/2014 Item #16E4 12/9/2014 16.E.4.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid #14-6308S - "Fleet and Equipment Services"
to multiple vendors for services including related installed parts and accessories.
OBJECTIVE: To facilitate continuous availability of County vehicles and equipment for public services
during normal operations and during emergency conditions.
CONSIDERATIONS: A new invitation to bid (ITB) #14-6308 for Fleet Management Services (including
installed parts and accessories) was posted by the Purchasing Department on July 21, 2014, and only
four (4) qualified bids were received. With Board approval Purchasing awarded the four (4) responsive
vendors this grant related solicitation and prepared a supplemental ITB #14-6308S to attain additional
vendors.
The Purchasing Department posted the supplemental invitation to bid #14-6308S on September 26,
2014, and bid notices were forwarded to eight hundred and seventy eight (878) email addresses. Sixty
seven (67) addresses downloaded the solicitation documents, and seven (7) vendors responded. Of
those responses one (1) vendor, Southeast Power Systems of Ft. Myers, Florida, was declared non-
responsive.
Staff recommends that six (6) responsive vendors' be awarded this grant related solicitation as they are
all deemed to be qualified under the County's specifications and grant related requirements. The
services and related repair parts or equipment that are typically Original Equipment Manufacturer
(OEM) authorized dealers will be awarded in a manner most beneficial to the County using the labor
rates and discounts offered by the vendors. Vendors for the manufacturers listed in the original bid#14-
6308 will be listed as primary awardees and awardees for 14-6308S will be secondary awardees. A
proposed vendor award sheet is attached. Purchases will be made using the County's standard
purchase orders or procurement card and the contract term will run concurrently with 14-6308.
FISCAL IMPACT: Funds for Fleet Management service requirements are budgeted annually in the
Fleet Management Fund 521 operating budget or through transfer of grant funding. Total expenditures
under this contract are estimated at $900,000 annually.
GROWTH MANAGEMENT IMPACT: No growth management impact is involved.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—SRT
RECOMMENDATION: That the Board awards Bid 14-6308S - "Fleet and Equipment Services" to
multiple vendors per the above-stated considerations. Purchases will be made using the County's
standard purchase orders or procurement card and the contract term will run concurrently with 14-6308.
PREPARED BY: Mario Menendez, Interim Director, Fleet Management Department
Capri Lawn&Garden Equipment,Inc.,Cummins Power South,LLC,B3 Enterprises LLD d/b/a Midas,PMJ of Naples,
LLC d/b/a Carsmetics,Tamiami Ford,Inc. and Tony's Auto Glass/Edge Water Auto Glass,Inc.
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12/9/2014 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to award Invitation to Bid #14-6308S - "Fleet and
Equipment Services" to multiple vendors for Fleet Management services, repair parts and
accessories.
Meeting Date: 12/9/2014
Prepared By
Name: MenendezMario
Title: Supervisor-Fleet Maintenance,Fleet Management
11/7/2014 12:55:11 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 11/7/2014 3:12:36 PM
Name: DendroulakisEwelina
Title: Procurement Specialist, Purchasing&General Services
Date: 11/10/2014 9:22:35 AM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services, Purchasing&General Services
Date: 11/10/2014 4:48:39 PM
Name: JohnsonScott
Title: Manager-Procurement, Purchasing&General Services
Date: 11/13/2014 3:10:24 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 11/20/2014 2:11:07 PM
Name: PriceLen
Title: Administrator-Administrative Services,Administrative Services Division
Date: 11/25/2014 2:41:07 PM
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12/9/2014 16.E.4.
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 11/26/2014 12:13:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/26/2014 1:11:13 PM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 12/2/2014 9:15:55 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 12/2/2014 11:32:01 AM
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Co ler County
Administrative Services Division
Purchasing
INVITATION TO BID
Date: September 26, 2014
From: Ewelina Dendroulakis, Procurement Strategist
(239) 252-8929 (Telephone)
(239) 252-6446 (FAX)
EwelinaDendroulakis @colliergov.net (Email)
To: Prospective Vendors
Subject: 14-6308S Fleet and Equipment Services
As requested by the Fleet Management Department, the Collier County Board of
County Commissioners Purchasing Department has issued this ITB for the purpose of
obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Mario Menendez, Interim Fleet Management Director
Michael Burks, Senior Operations Analyst
Note: All ITB responses must be submitted electronically.
Fussing De,pat senb 3327 Tamara i Trail East•Naples.Florida 34112-4901•mw.i caliieroov.net+purchasing
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Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit III: Standard Purchase Order Terms and Conditions 11
Exhibit IV: Additional ITB Terms and Conditions 14
Federal Transit Administration Provisions 20
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 42
Attachment 2: Vendor's Check List 43
Attachment 3: Vendor Submittal - Bid Response Form 44
Attachment 4: Vendor Submittal —Immigration Affidavit 46
Attachment 5: Vendor Substitute W—9 47
Attachment 6: Vendor Submittal - Insurance and Bonding Requirements 48
Attachment 7: Grant Forms 50
Attachment 8: Manufacturer List 55
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Goer County
Administrative Services Dn+isicn
Purchasing
Public Notice
Electronic bid responses for Solicitation 14-6208S Fleet and Equipment Services, will be
received electronically only at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112 until 2:30pm, Collier County local time on October 13,
2014. Solicitation responses received after the stated time and date will not be accepted.
Solicitation 14-6308S Fleet and Equipment Services
A non-mandatory pre-bid meeting has been scheduled for October 6, 2014 at 11:00AM,
Naples Local Time. The meeting will be help in the Purchasing Department, Conference Room
A, at 3327 Tamiami TrI E, Naples, FL 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 form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Joanne Markiewicz
Director, Procurement Services
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on September 26,
2014.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Fleet Management Department (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work
and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
These specifications are intended to identify and have under contract factory authorized service
providers who may assist the County's Fleet Department to perform maintenance on County
vehicles and equipment which may include, but not be limited to labor, equipment replacement
parts, accessories, and other items necessary to meet the vehicle and equipment operating
requirements.
Historically, the Fleet Department spends approximately one ($1) million dollars annually; this
varies from year to year depending on market conditions and internal staff resources. The County
does not expect to expend more than five hundred thousand ($500,000) of that annual expense
(anticipated to be $1 million) in grant funded purchases; therefore, grant funded purchases will be
"capped' at five hundred thousand ($500,000) unless expressly modified by the County and with
permission from the grantor.
Background
Collier County has a diverse assortment of vehicles and equipment that on occasion require
service/repair and/or parts or accessories that can only come from regional dealerships or
specialty service companies. These services augment the Fleet Department maintenance
personnel as there may be some specialty areas that are beyond the capabilities, scope, or
efficiencies of the Fleet Management Department. Those services (and parts and supplies) may
include, but not be limited, labor, diagnostics, and purchases of repair parts, accessories, and
other items. On these occasions, prearranged service agreements are needed to expedite repairs
and lessen equipment downtime. The purpose of this solicitation is to acquire agreements from
select vendors to furnish the stated services. Final determination of the assigned vendor for a
particular repair or service will be made at the sole discretion of the Collier County Fleet
Department.
Detailed Scope of Work
The County is seeking authorized dealers for service and parts for a variety of fleet vehicles and
equipment, and thus will be awarding to a number of companies under this solicitations.
Service companies awarded in connection with this solicitation will:
1. Provide labor, parts and supplies according to the Original Equipment Manufacturer (OEM)
specifications, and be completed in a quality manner. If an OEM equivalent part can be used
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and not affect current warranty terms, then the equivalent part may be approved by the Fleet
Department in writting.
2. Provide for standard warranty of labor and parts of any part or service purchased.
3. Provide a thirty (30) day advanced notice and an electronic price table as the Original
Equipment Manufacturers published retail price changes.
4. Provide an invoice which includes the following:
a. Vehicle VIN number, County asset number and description;
b. Purchase Order number;
c. Number of labor hours and hourly rate and extended to the total labor cost;
d. Manufacturer suggested retail price (MSRP) cost for materials provided minus the
discount and extended to the total materials cost.
e. MSRP cost for supplies provided minus the discount and extended to the total
materials cost.
f. Number of miles for pick-up and/or return of disabled or repaired vehicles or
equipments and the total number of miles and extended to the total cost of mileage;
and,
g. Any other miscellaneous disposal cost (i.e. oil, fuel, or other disposed of material).
5. Agree to the County's standard purchase order terms and conditions found in Exhibit III.
6. Understand and agree to the following: Should the Vendor be found to have failed to perform
in a manner satisfactory to the County as per this Agreement, the County may terminate said
agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of
non-performance.
7. Complete and return the Vendor Bid Schedule and all forms identified as:
a. Vendor Bid Schedule
b. Attachment 2: Vendor's Check List
c. Attachment 3: Vendor Bid Response Form
d. Attachment 4: Immigration Law Affidavit
e. Department of Homeland Security's E-Verify Profile Page or Memorandum of
Understanding
f. Attachment 5: Vendor Substitute W-9
g. Attachment 6: Insurance and Bonding Requirement
h. Attachment 7: Grant Forms (7h —71)
i. Attachment 8: Manufacturer List
Award Criteria
The County intends to award to multiple vendors:
• 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.
• Responsive vendors (by Original Equipment Manufacturers) will be arranged in order from
lowest TOTAL to highest TOTAL per the Vendor Bid Schedule.
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• It is the intent of Collier County to award multiple vendors with this solicitation so that it retains
a multitude of Original Equipment Manufacturer's representatives to complete service and
repair to its vehicle and equipment fleet. If there are multiple vendors who represent the same
Original Equipment Manufacturer (OEM), that are awarded this solicitation, the County will
endeavor to use the vendor with the lowest hourly price, unless that vendor cannot complete
repairs in the timeframe required by the County.
• The contract will be in the form of a standard County Purchase Order.
Term of Contract
The solicitation award, if an award(s) is/are made is intended to be for a two (2) year period with
two (2) two (2) year renewal options, and run concurrently with awards made as a result of
solicitation 14-6308S.
Prices and percent discounts off of supply and equipment prices shall remain firm for the initial
term of this contract. Price adjustments prior to the renewal period are dependent upon the
consumer price index (CPI) over the past twelve (12) months, budget availability and program
manager approval.
No additional surcharges will be considered other than what has been identified in the Scope of
Service item four (4) in conjunction with this contract, and such charges should be incorporated
into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice 9/26/2014
Pre-bid meeting — non-mandatory 10/6/2014, 11:00AM,
Naples Local Time
Last Date for Receipt of Written Questions 10/8/2014, 4:00PM,
Naples Local Time
Addendum Issued Resulting from Written Questions or Pre- 10/9/2014 4:00PM
Proposal Conference
Solicitation Deadline Date and Time 10/13/2014, 2:30PM,
Naples Local Time
Anticipated Evaluation of Submittals October 2014
Anticipated approval by the Board of County Commissioner November 2014
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, 7 and 8 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.
The County shall be sole judge of equality or similarity, and its decision shall be final in the best
interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic proposals are to be submitted online via the Collier County Purchasing Department
Online Bidding System www.colliergov.net/bid until 2:30PM on October 13, 2014.
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/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
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
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
BidderNendor 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
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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.
13. 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.
14. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.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.
15. 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.
16. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen (14) days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation specifically stated in this Purchase Order.
This Purchase Order (including all documents Unless otherwise provided in Purchase
attached to or referenced therein) constitutes Order, no invoices shall be issued nor
the entire agreement between the parties, unless payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of
goods and/or services received by the COUNTY invoice.
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase same day via the same route must be
Order. consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase show this Purchase Order number. The
Order may not be changed except by written container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY must show Purchase Order number and
objects to any additional or different terms and must be included on each package of less
conditions contained in any acknowledgment, than container load (LCL) shipments and/or
invoice or other communication from VENDOR, with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or
payment for any delivery of goods and/or return any shipment or equipment at
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection to declare to the carrier the value of any
All goods and/or services delivered hereunder shipment made under this Purchase Order
shall be received subject to the COUNTY'S and the full invoice value of such shipment.
inspection and approval and payment therefore d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are number and any other specific information as
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts
All defective or nonconforming goods will be of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of
VENDOR'S expense. receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a proper invoice and in compliance with
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to the "Local Government Prompt Payment
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County
Order if goods and/or services provided early in Commissioners Purchasing Policy.
the term of the Purchase Order are
non-conforming or otherwise rejected by the 5. Time Is Of the Essence
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered 10. Indemnification
delivery of nonconforming goods and/or services VENDOR shall indemnify and hold harmless the
is not a waiver of the COUNTY'S right to insist COUNTY from any and all claims, including
upon further compliance with all specifications. claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
6. Changes from, caused by or related to the injury or death
The COUNTY may at any time and by written of any person (including but not limited to
notice make changes to drawings and employees and agents of VENDOR in the
specifications, shipping instructions, quantities performance of their duties or otherwise), or
and delivery schedules within the general scope damage to property (including property of the
of this Purchase Order. Should any such change COUNTY or other persons), which arise out of or
increase or decrease the cost of, or the time are incident to the goods and/or services to be
required for performance of the Purchase Order, provided hereunder.
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the 11. Warranty of Non-Infringement
COUNTY and VENDOR. Notwithstanding the VENDOR represents and warrants that all goods
foregoing, VENDOR has an affirmative obligation sold or services performed under this Purchase
to give notice if the changes will decrease costs. Order are: a) in compliance with applicable laws;
Any claims for adjustment by VENDOR must be b) do not infringe any patent, trademark,
made within thirty (30) days from the date the copyright or trade secret; and c) do not constitute
change is ordered or within such additional unfair competition.
period of time as may be agreed upon by the
parties. VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
7. Warranties including claims of negligence, costs and
VENDOR expressly warrants that the goods expense, including but not limited to attorneys'
and/or services covered by this Purchase Order fees, which arise from any claim, suit or
will conform to the specifications, drawings, proceeding alleging that the COUNTY'S use of
samples or other descriptions furnished or the goods and/or services provided under this
specified by the COUNTY, and will be of Purchase Order are inconsistent with VENDOR'S
satisfactory material and quality production, free representations and warranties in section 11 (a).
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any If any claim which arises from VENDOR'S breach
security interest or other lien, encumbrance or of section 11 (a) has occurred, or is likely to
claim of any third party. These warranties shall occur, VENDOR may, at the COUNTY'S option,
survive inspection, acceptance, passage of title procure for the COUNTY the right to continue
and payment by the COUNTY. using the goods or services, or replace or modify
the goods or services so that they become
8. Statutory Conformity non-infringing, (without any material degradation
Goods and services provided pursuant to this in performance, quality, functionality or additional
Purchase Order, and their production and cost to the COUNTY).
transportation shall conform to all applicable
laws, including but not limited to the Occupational 12. Insurance Requirements
Health and Safety Act, the Federal The VENDOR, at its sole expense, shall provide
Transportation Act and the Fair Labor Standards commercial insurance of such type and with such
Act, as well as any law or regulation noted on the terms and limits as may be reasonably
face of the Purchase Order. associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
9. Advertising a material obligation of the VENDOR. All
No VENDOR providing goods and services to the insurance policies shall be executed through
COUNTY shall advertise the fact that it has insurers authorized or eligible to write policies in
contracted with the COUNTY for goods and/or the State of Florida.
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or 13. Compliance with Laws
property without the prior written consent of the In fulfilling the terms of this Purchase Order,
COUNTY'S Purchasing Department. 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
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Act and all prohibitions against discrimination on COUNTY for breach by VENDOR of the terms
the basis of race, religion, sex creed, national and conditions of this Purchase Order, provided
origin, handicap, marital status, or veterans' that COUNTY has provided VENDOR with notice
status. Further, VENDOR acknowledges and of such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and response to a breach of this Purchase Order
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
14. Force Majeure deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be by VENDOR.
responsible for any delay or failure in c) All notices under this Purchase Order shall
performance resulting from any cause beyond be sent to the respective addresses on the
their control, including, but without limitation to face page by certified mail, return receipt
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by
When VENDOR has knowledge of any actual or personal delivery and will be deemed
potential force majeure or other conditions which effective upon receipt. Postage, delivery and
will delay or threatens to delay timely other charges shall be paid by the sender. A
performance of this Purchase Order, VENDOR party may change its address for notice by
shall immediately give notice thereof, including all written notice complying with the
relevant information with respects to what steps requirements of this section.
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any
goods and/or services to the COUNTY. travel expenses that may be associated with
this Purchase Order in accordance with
15. Assignment Florida Statute Chapter 112.061, Per Diem
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers,
nor any money due or to become due without the employees and authorized persons.
prior written consent of the COUNTY. Any e) In the event of any conflict between or
assignment made without such consent shall be among the terms of any Contract Documents
deemed void. related to this Purchase Order, the terms of
the Contract Documents shall take
16. Taxes precedence over the terms of the Purchase
Goods and services procured subject to this Order. To the extent any terms and /or
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate
and use tax on real property, transient rental or overlap the Terms and Conditions of the
property rented, tangible personal purchased or Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most
Chapter 212), and from federal excise tax. favorable to the County and/or provide the
greatest protection to the County shall
17. Annual Appropriations govern.
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY immediately upon prior
written notice to the VENDOR. This Purchase
Order may be terminated immediately by the
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services upon
negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation
or obligations within the past five (5) years; whether paid or donated, which could be construed by
the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject
to County staff review and does not in and of itself disqualify a firm from consideration. These
disclosures are intended to identify and or preclude conflict of interest situations during contract
selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded
in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
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.
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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.
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.
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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.
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(a?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."
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Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
16. Survivability
Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration
date of the original solicitation will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination 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 Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
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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 the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office
(ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or
deductibles under any of the below listed minimum required coverage, Vendor must identify on the
Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and
provide satisfactory evidence of financial responsibility for such obligations. All self-insured
retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
18. Security and Background Checks
If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees
that shall provide services to the County under this Agreement. This may include, but not be limited
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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.
19. 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 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
20. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform the
required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each.
Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's cost,
and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from furnishing
a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening, and
carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and
parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to
delivery and/or acceptance by the County.
21. 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. See Federal Transit Administration Provisions CFDA
20.057.
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Federal Transit Administration Provisions
CFDA 20.507
The services performed by the awarded Contractor shall be in compliance with all applicable FTA
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work
required to complete this project.
Box is Checked
If Applicable
® 1. Fly America Requirements
® 2. Buy America Requirements-Sign Certification
❑ 3. Charter Bus and School Bus Requirements
® 4. Cargo Preference Requirements
❑ 5. Seismic Safety Requirements
® 6. Energy Conservation Requirements
® 7. Clean Water Requirements
❑ 8. Bus Testing -Sign Certification
❑ 9. Pre-Award and Post Delivery Audit Requirements-Sion Certification
® 10. Lobbying-Sign Certification
® 11. Access to Records and Reports
® 12. Federal Changes
❑ 13. Bonding Requirements
® 14. Clean Air
Z 15. Recycled Products
❑ 16. Davis-Bacon and Copeland Anti-Kickback Acts
❑ 17. Contract Work Hours and Safety Standards Act
18. [Reserved]
® 19. No Government Obligation to Third Parties
® 20. Program Fraud and False or Fraudulent Statements and Related Acts
® 21. Termination
® 22. Government-wide Debarment and Suspension-Sian Exhibit Certification
® 23. Privacy Act
® 24. Civil Rights Requirements
® 25. Breaches and Dispute Resolution
❑ 26. Patent and Rights in Data
❑ 27. Transit Employee Protective Agreements
® 28. Disadvantaged Business Enterprises (DBE)
(TWO FORMS) Anticipated DBE Form and Bidders List
❑ 29. [Reserved]
® 30. Incorporation of Federal Transit Administration (FTA) Terms
❑ 31. Drug and Alcohol Testing
❑ 32. ADA Access
❑ 33. ITS Standards
❑ 34. ARRA
Attachment 7 Required Grant Forms-Submit witih Bid Package:
1. Buy America
2. Lobbying
3. Debarment
4. DBE
5. Bidders List
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1. 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.
2. BUY AMERICA REQUIREMENTS
(Applies to subcontracts)
The contractor agrees to comply with 49 U.S.C. 5323(j) 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. 5323(j)(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.
3. 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.
3. 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.
4. 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
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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.
5. 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 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.
6. 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.
7. 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 seq. 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.
8. 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.
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9. 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 663 and to submit the following certifications:
(1) Buy 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.
10. 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.
11. 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. 18.36(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)1, 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.
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.
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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).
12. 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.
13. 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.
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
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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.qov/c570/c570.html#certified. 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).
14. CLEAN AIR
(Applies to subcontracts OVER$100,000)
(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 seq. 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.
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15. 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.
16. 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:
(1) 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
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination; and
(4) 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,
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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 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:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) 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.
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(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 benefits under a plan or program described in section 1(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:
(1) 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;
(2) 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;
(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
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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 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
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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) Equal 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).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
17. 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 - XCollier County shall upon its own action or
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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.
18. f RESERVED 1
19. 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.
20. 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 seq. 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.
21. 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
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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
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.
f. 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.
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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-
1. 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
2. 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 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.
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.
i. 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
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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.
22. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
(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.
23. 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.
24. 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:
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(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 seq., (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.
(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.
25. 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
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such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may
be specifically agreed in writing.
26. 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.
1. Any subject data developed under that contract, whether or not a copyright has been obtained; and
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
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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 financed 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 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.
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
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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. 5 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 Employee 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.
28. DISADVANTAGED BUSINESS ENTERPRISE
Background and Applicability
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 5.67%.
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
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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 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.
29. f RESERVED l
30. 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 4220.1 F, 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.
31. 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
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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.
32. ADA Access
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states
the Federal policy that elderly individuals and individuals with disabilities have the same right as other
individuals to use public transportation services and facilities, and that special efforts shall be made in planning
and designing those services and facilities to implement transportation accessibility rights for elderly individuals
and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section
504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the
basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et
seq., which requires that accessible facilities and services be made available to individuals with disabilities; and
with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities, and any subsequent
amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent
applicable.
33. ITS Standards
Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 547,
pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS
standards and interoperability tests that have been officially adopted through rulemaking by the United States
Department of Transportation (US DOT).
34. ARRA SPECIAL TERMS AND CONDITIONS
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve
and create jobs and promote economic recovery, assist those most impacted by the recession, provide
investments needed to increase economic efficiency by spurring technological advances in science and health,
invest in transportation, environmental protection, and other infrastructure that will provide long-term economic
benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential
services and counterproductive State and local tax increases.
The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection and resources as specified in Act itself and as discussed below.
Registration
Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor
Registration database (CCR). CCR registration can be completed at http://www.ccr.gov. CCR registration must
be completed before the first quarterly Section 1512 report is due.
Federal reporting on projects funded by the Recovery Act, will require contractors to report their DUNS number.
The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS number,
visit www.dnb.com and click on "D & B D-U-N-S Number"to obtain a number.
Compliance with American Recovery and Reinvestment Act of 2009:
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This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the federal
reporting requirements for the project(s), through monthly reports, for both the contractor and subcontractors.
The Contractor shall provide the required information on form(s) provided by the County in the timeframe
indicated in the instructions and shall further include these reporting requirements in all subcontracts.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the authority:
(1) to examine any records of the Contractor or any of its subcontractors, or any State or Local agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or
subcontract; and
(2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or Local
government agency administering the Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided
under Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under
the ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict in any
way any existing authority of the Comptroller General.
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Cotter County
Administrative Services Division
Purchasing
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 14-6308S Fleet and Equipment Services
❑ 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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C per County
Administrative Services Division
Purchasing
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has
been included.
8. Addendum have been signed and included, if applicable.
9. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
10. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
11. All bids are to be submitted electronically via the Collier County Purchasing Department
Online Bidding System www.colliergov.net/bid until 2:30PM on October 13, 2014.
12. The bid will be delivered in time to be received no later than the specified opening date and time.
(Otherwise bid cannot be considered.)
Company Name
Signature & Title
Date
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Colter County
Administrative Services Dvision
Purchasing
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 14-6308S Fleet and Equipment Services
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
* ** SEE FOLLOWING PAGES * * *
Complete and return the Vendor Bid Schedule and all forms identified as:
a. Vendor Bid Schedule
b. Attachment 2: Vendor's Check List
c. Attachment 3: Vendor Bid Response Form
d. Attachment 4: Immigration Law Affidavit
e. Department of Homeland Security's E-Verify Profile Page or Memorandum of
Understanding
f. Attachment 5: Vendor Substitute W-9
g. Attachment 6: Insurance and Bonding Requirement
h. Attachment 7: Grant Forms (7h —71)
i. Attachment 8: Manufacturer List
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
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR# or CAGE Code
Telephone Number
FAX Number
Signature/Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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c� er county
Adrrxnstrative Services Divison
Purchasing
Attachment 4: Vendor Submittal—Immigration Affidavit
Solicitation: 14-6308S Fleet and Equipment Services
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time
of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E-Verify program, may deem the Vendor! Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)
Section 274A(e) of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986
Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security
Administration at the time of submission of the Vendor's/Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and
accuracy of this affidavit to interrogatories hereinafter made.
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C_Auptrity
AdmnistraUve Services Division
Purchasing
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 City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor Corporation Partnership
Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3) Enter the tax classification
(D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the
contract.)
4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is
correct to my knowledge.
Signature Date
Title Phone Number
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er County
Administrative Services Division
Purchasing
Attachment 6: Vendor Submittal - Insurance and Bonding Requirements
Insurance/Bond Type ` Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ❑ Employer's Liability $ 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. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-Owned/Hired; Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
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.
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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.
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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CI L--County
Mme Services Division
Purd,asing
Attachment 7: Grant Forms
FTA Buy America Certification
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all
bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement
does not apply to lower tier subcontractors.
❑ 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. 5323(j)(1) and the applicable
regulations in 49 C.F.R. Part 661.5.
Date Signature
Company Name
Title
Certificate of Non-Compliance with 49 U.S.C. 5323(1)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49
C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or
5323(j)(2)(D), and 49 C.F.R. 661.7.
Date Signature
Company Name
Title
® Certification requirement for procurement of buses, other rolling stock and associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C). The bidder or offeror hereby certifies that it will
comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date Signature
Company Name
Title
Certificate of Non-Compliance with 49 U.S.C. 5323(1)(2)(C) The bidder or offeror hereby certifies that it cannot
comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception
pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date Signature
Company Name
Title
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14-6308S Fleet and Equipment Services
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Certification Regarding Lobbying
The undersigned (Vendor/ Contractor) certifies, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making
lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been
modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file
or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such expenditure or failure.]
The Vendor/Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Vendor/Contractor's Authorized Official
Name and Title of Vendor/Contractor's Authorized Official
Date
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Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b)
of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name Project Name
Title Project Number
Firm Tax ID Number
Street Address DUNS Number
City,
State, Zip
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ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT
COLLIER COUNTY
ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT
DBE/MEE,NJBE Status will be verified. Unverifiable statuses will require the PRIME to either provide a revised statement or army source cocurrentation that validates a status.
A: PRIM EVENDOR/CONTRACTORiNFORMATION
PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT
IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT,,
MINORITY OR WOMEN BUSINESS ENTERPRISE?
IDBE/MBE/ABE) OR HAVE A SMALL DISADVANTAGED DBE? Y N
BUSINESS EACERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N
ADMINISTRATION? WBE? Y N OTHER? Y N
SOB BA? Y N
IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIERWHO IS DBE/MBE,PRIME IS TO COMPLETE THIS NEXT,
SECTION
SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
DBE MjWBF NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
DBE M/WBE
DBE M/'.MBE
DBE M/VIBE
DBE M/BE
DBE M/V.PE
DBE Iv1!VdEE
TOTALS: •
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
EMAIL ADDRESS OF PRIME ISUBMITTER) TELEPHONE NUMBER FAX NUMBER
NO-E:This information is use to track ano report anticipates DBE or MBE participation in feceraily-funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitteo at time of response to
solicitation. If and when awarped a County Contract,the prime will be asked to upoate the information for the grant compliance file;.
°;ETHNICITY CAGE;,
Black American BA
Hispanic American HA
Native American NA
raulocort.Asian American SAA
Asian-Pacific American APA
Nor.Minority Women NMW
Other:not of any other group listed 0
D:SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLLIER CONTRACT H IIFB!RFP or QrREQ} FUNDING SOURCE
ACCEPTED BY: DATE
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BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND
PROFESSIONAL CONSULTANT SERVICES
It is the policy of Collier County that disadvantaged businesses and minority vendors,as defined in the Code of Federal Regulations(CFR)or
Florida Statutes(FS),must have the opportunity to participate on contracts with federal and/or state grant assistance.
Attach additional sheets if needed.
Prime Contractor/Prime Consultant:
Address and Phone Number:
Procurement Number/Advertisement Number:
The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must
include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must
provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and 8. This form must
be submitted with the bid package.
1. Federal Tax ID Number: El 6.DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address Between$5-10 million
e 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 Number: Between$1-5 million
4. Address Between$5-10 million-
E 7. Subcontractor Between$10-15 million
Subconsultant More than$15 million
,_
5. Year Firm Established:
1. Federal Tax ID Number: B 6.DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address Between$5-10 million
E7. 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 Number: Between$1-5 million
4. Address Between$5-10 million
8 7. Subcontractor Between$10-15 million
MEMNON
Subconsultant More than$15 million
-
5. Year Firm Established:
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Coer County
Administrative Services Division
Purchasing
Attachment 8: Manufacturer List
Please identify the Original Equipment Manufacturer's (or other's) that the firm represents, and will be
able to provide service for County vehicles at the prices offered in the Vendor Bid Schedule. Select
all that apply.
My Firm can My Firm can
Offer Service Manufacturer Offer Manufacturer
Service
Case Vermeer
Caterpillar List Any Other Manufacturers Below
Chevrolet
Chrysler
Cummins
Detroit
Ford
Freightliner
Fuller
Gradall
Hyundai
International
John Deere
Mack
Menzi
Mercedes
New Holland
Perkins
Peterbilt
Sterling
Toyota
Company Name
Authorized Signature
Date:
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14-6308S Fleet and Equipment Services
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Ar County Email: EwelinaDendroulakis @colliergov.net
Telephone: (239) 252-8929
Adrrinistrative Services Division FAX: (239) 252-6446
Purchasing
ADDENDUM 1
Memorandum
Date: 9/30/2014
From: Ewelina Dendroulakis, J.D., Procurement Strategist
To: Prospective Vendors
Subject: Addendum # 1
Solicitation # and Title: 14-6308S Fleet & Equipment Services
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
Update to Attachment 8: Manufacturer List- It is not the intent of the County to award
secondary awards to categories already awarded; this supplemental bid is to award OEM
categories not awarded previously.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
cc: Mario Menendez— Interim Fleet Management Director
Michael Burks—Senior Operations Analyst
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature) Date
(Name of Firm)
Addendum 1
Page 1
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Collier County 12/9/2014 16.E.4.
Vendor Bid Schedule
14-6308S Fleet and Equipment Services
Instructions
1 To be considered responsive,vendors should complete and return all information below. Please return this
information in an Excel format.
2 The County has provided a Sample response;the vendor's response should be similar to the sample response below to
ensure that the County provides a fair and consistent review of all vendor's materials.
3 Responsive vendors(by Original Equipment Manufacturers)will be arranged in order from lowest TOTAL to highest
TOTAL.
4 Responsive vendors(by Original Equipment Manufacturers)will be recommended for award in order of the lowest to
highest TOTAL. The County shall,at their sole discretion,determine how many awardees will be recommended to the
Board of County Commissioners.
5 Labor rates are all inclusive(e.g.,wages, indirect costs, profit,etc.)
6 Vendor must provide a thirty(30)day advanced notice and an electronic price table as the Original Equipment
Manufacturers published retail price changes.
Item# Information Required from Vendor Sample Price/Information Additional Comments
Labor rate per hour(expressed in whole
1 dollars)and inclusive of all wages, overhead,
profit, indirect costs,etc.) $ 62.50
2 Price per mile to pick-up or deliver vehicle or
equipment. $ 0.56
Item# Information Required from Vendor Sample Price/Information Additional Comments
Identify the type of service or repairs Full service facility,
completed by your company including but not limited
3 to repairs, refinishing,
body work,glass
replacement
Provide Original Equipment Manufacturer 0.165
4 equipment percent discount off MSRP
(expressed as.xxx)
Provide the labor and part warranty 12
5 (expressed in the number of months)from
the final completed service date
6 Identify any after market manufacturer(s) NAPA,Auto Zone
(who your company is representing)
For each after market manufacturer provide 0.10
7 the equipment and part percent discount off
MSRP or(expressed as.xxx)
Provide the labor and part warranty 12
8 (expressed in the number of months)for
after market service and repairs from the
final completed service date
9 This is the Vendor Bid This is the Vendor Bid
Completed and attach:Vendor Bid Schedule Schedule Schedule
10 Completed and attach:Attachment 2:
Vendor's Check List
1 Completed and attach:Attachment 3: Bendor
Bid Response Form
12 Completed and attach:Attachment 4:
Immigration Law Affidavit
Copy of Department of Homeland Security's
13 E-Verify Profile Page or Memorandum of
Understanding
14 Completed and attach: Attachment 5:
Vendor Substitute W-9
15 Completed and attach: Attachment 6:
Insurance and Bonding Requirement
16 Completed and signed:Attachment 7: Buy
America
17 Completed and signed:Attachment 7:
Lobbying
18 Completed and signed:Attachment 7:
Debarment
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Collier County 12/9/2014 16.E.4.
Vendor Bid Schedule
14-6308S Fleet and Equipment Services
Item# Information Required from Vendor Sample Price/Information Additional Comments
9 Completed and signed:Attachment 7:
Disadvantaged Business Enterprise(DBE)
20 Completed and signed:Attachment 7:
Bidders List
21 Completed and signed:Attachment 8:
Manufacturer List
Company Name
Signature: Date
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Protect Managers:Mario Menendez 12/9/2014 16.E.4.
Opened by.Ewellna Dendroula kis,10/13/14 Collier County
Witnessed by Brenda Reaves;10/13/14 Bid Tabulation Submitted.7
14-630ES Fleet and Equipment Services No Bids'0
Southeast Power
Systems of Ft.Myers,FL
PMJ of Naples,LLC (Non Responsive:Vendor
Item#Information Required from Vendor Capri Lawn&Garden Cummins Power South, B3 Enterprises LLC d/b/a Tamiaml Ford inc.; Tony's Auto GI s/Edge Water
d/b/eGarsmatiee; Bid Schedule not
Equipment;Naples,FL LLC;Ft.Myers,FL Midas;Naples,FL: Naples,FL Auto Glass Inc.,Naples,FL
Naples,FL provided&FTA Buy
America Certification
partially completed)
1 Labor rate per hour(expressed in $48.00 $105.00 (2% $65.00 (Ail $45.00 $90.00 $105.00 $40.00 NAGS Hours $65.00
whole dollars)and inclusive of all hazmat charge-3%Shop data used to determine ($65/hr with a minimum of 2 hrs to
wages,overhead,profit,indirect Supplies.Max$75.00 each) number of service hours install Customer glass)$65.00
costs.etc.)-Mechanical required) ($65/hr with a minimum of 2 hrs to
install Flat safety glass)$20.00
(Urethane Kit$20 00 each)
2 Price per mile to pick-up or deliver N/A $1.75 N/A N/A $1.25 N/A (No No Charge(Mobile Services)
vehicle or equipment. pickup and delivery)
PMJ of Naples,LLC Southeast Power
Capri Lawn&Garden Cummins Power South, B3 Enterprises LLC d/b/a - Tandem'Ford Inc.; Tony's Auto Glass/Edge Water
item# Information Required from Vendor d/b/a Cersmetics; Systems of Ft.Myers,FL
Equipment;Naples,FL LLC;Ft.Myers,FL Midas;Naples,FL Naples,FL (Non Responsive:Vendor Naples,FL Auto Glass Inc,;Naples,FL
3 Identify the type of service or repairs Full service facility,including Warranty on all Cummins Full service facility. Auto Body Repair Not provided Full service facility, Replacement
completed by your company but not limited to lawn&turf Onan Products,Parts Mechanical Repairs,OII including but not limited
care equipment sales, Service,DPF Cleaning, Changes,Service to repairs,refinishing,
repair,and replacement Mobile and In-Shop Service, Maintenance,Courtesy body work
parts&accessories OTS Policy Checks
4 Provide Original Equipment 10 00%(Plus FOB from 22%(Overnight freights 0% 0% Not provided 20% 0%
Manufacturer equipment erc)=ant manufacturer for 13%part cost or$22.00
discount off MSRP(expressed as replacement engines minimum for overnight)
root) delived byfreight line)
5 Provide the labor and part warranty Labor-1 month Parts 12 Months on Cummins 12 12 Not provided 24 month unlimited miles 12
(expressed in the number of months) -3 months Parts(12 Month on Non- parts and labor-
from the final completed service date Cummins Parts.Onan labor Motorcraft Parts(Some
is 90 days) restrictions apply on
limited parts)
6 Identify any after market Rotary,Stens,Sunbelt, Cummins Recon,Cummins Nape,Advance Auto Parts, All Auto Dealerships, Not provided N/A NAPA,Auto Zone,FYG,XYG,
manufacturer(s)(who your company Oregon Autozone,Autopeo Finahmaster,LKO, Pilkington,PGW,Mopes,Cantle,Etc.
is representing) International Keystone,NAPA,
Maximum Auto
7 For each after market manufacturer 10.00% 10.00%(If we receive a 10% 0% Not provided N/A 0.25
provide the equipment and pert greater discount we will pass
percent discount off MSRP or that on.To expediate parts
(expressed as.row) from after-market vendors
will be actual freight cost to
get in).
B Provide the labor and part warranty Labor-1 month Parts 12(Subset to Manufacuter 12 Labor 3,Parts 12 Not provided N/A 12
(expressed in the number of months) -3 months Warranty)
for after market service and repairs
from the final completed service date
9 Completed and attach Vendor Bid Yes Yes Yes Yes Not provided Yes Yes
Schedule
10 Completed and attach.Attachment 2 Yes Yes Yes Yes Yes Yes Yes
Vendor's Check List
11 Completed and attach Attachment 3 Yes Yes Cummins Power South, Yes Yes Yes Yes Yes
Bendor Bid Response Form LLC has attached exceptions
to the ITB
12 Completed and attach Attachment 4:Yes Yes Yes Yes Yes Yes Yes
Immigration Law Offldavrt
13 Copy of Department of Homeland Yes Yes Yes Yes Not provided Yes Yes
Security's E-Verify Profile Page or
Memorandum of Understanding
14 Completed and attach:Attachment Yes Yes Yes Yes Yes Yes Yes
5 Vendor Substitute W-9
15 Completed and attach',Attachment Yes Yes Yes Yes Yes Yes Yes
6:Insurance and Bonding
Rea ant
16 Completed and signed Attachment Yes Yes Yes Yes No,partially completed, Yes Yes
7 Buy America marked as N/A&no
sgnoture provided
17 Completed and signed Attachment Yes Yes Yes Yes Yes Yes Yes
7 Lobbying
18 Completed and signed:Attachment Yes Yes Yes Yes Yes Yes Yes
7 Debarment
19 Completed and signed:Attachment has Yes Yes has No,not completed Yes Yes
7 Disadvantaged Business
Enterprise(DBE)
20 Completed and signed Attachment Yes Yes Yes Yes No,marked as N/A¬ Yes Yes
7 Opportunity List signed
21 Completed and signed.Attachment Yes Yes Yes Y'es Yes Yes Yes
8 Manufacturer List
22 'Sinned Addendum 1 Yes Yes _Yes Yes Yes Yes Yes
23 Exceptions to ITB NIA Yes',Section 10 of Exhibit III- Do not work on vehicles N/A N/A N/A N/A
"Indemnification Clause"& over 10,000 lbs.Therefore,
new Section 20 should be bid tabulation for"Tire
added to Exhibit III- Services'does not include
"Limitation of Liability" pricing in units for items
servicing vehicles over
10.000 lbs
ITB#: 14-63085
Title: Fleet&Equipment Services
Solicitation Post Data: 9126/2014
Due Date: 1013/2014 @ 2 30P
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