Backup Documents 09/15/2009 Item #16B12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO B 12
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE .
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Oflice only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates. and/or infonnation needed, If the document is already complete with the
exce tion of the Chainnan's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5 '
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
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4. SeO II TfArh / !o JI/oj',flf; ,- -...- .
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5. -Sill::' Filson, Executive Manager Board of County Commissioners , 1Fr/6:J
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6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary, Primary contact infonnation is needed in the event one ofthe addressees above, including Sue Filson, need to contact stafffor additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff Phone Number d3f:J5)-5!~
Contact
Agenda Date Item was Agenda Item Number /c,6 J;l.
A roved b the BCC
Type of Document Number of Original -/t=
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Initial) A licable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from 4
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable, ~
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ..J.-
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Qr'
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on (j (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
:it Count Attorne " Omce ha"ev;ew<d 'hoeban os, ifa l;cable.
tv\ ~ \Z - ,..~) \e.{~s.e- Ret~ll-<\ Lu~L~ -\- C Sco% T~(~L\l' ~(,t)k 10V\ -
I. Fonnsl County Fonnsl BCC Fonnsl Ongmal Documents Routmg Slip WWS Ongmal 9 03 04, ReVIsed I 2605, ReVIsed 2 24 05
16 B 12
MEMORANDUM
Date: September 18, 2009
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County and McDonald
Transit Associates
Enclosed please find one copy of the document referenced above (Agenda
Item #16BI2), approved by the Board of County Commissioners on
Tuesday, September 15, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
AGREEMENT 16812
THIS AGREEMENT ("Agreement") is made and entered into this j 51- ~ day of ~ ~ ~>r
2009, by and between MCDONALD TRANSIT ASSOCIATES, INC., whose address is 3800
Sandshell Drive, Suite 75, Fort Worth, Texas 76137 (hereinafter referred to as the "Contractor"),
and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as the "County").
WITNESSETH:
1. TERMS AND RENEWAL. This Agreement shall commence~FMbe, I~ 2009,
and will be in effect for one year, terminatin~f\\ 30 , 2010. The County has the right to
renew this contract, with the consent of Contracto}, under the same terms and conditions for one
additional year. The County shall give the Contractor written notice of the County's intention to
renew the Agreement term not less than 60 days prior to the end of the term. In lieu of renewal,
the County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to 79 days. The County Manager, or
his designee, shall give the Contractor written notice of County's intention to extend the
Agreement term not less than 30 days prior to the end ofthe term.
2. DUTIES. Except as set forth below, the parties' respective duties are described in
Attachments 1 and 2.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement:
3.1 A Management Fee. This fee includes all cost and expenses associated with
the salary and related cost of the Operations General Manager, interest on working
capital, corporate staff travel, and overhead. In addition, this management fee includes
the cost of expert management consultation and advisory assistance in all areas of the
public bus transportation industry as may be reasonably required to assist the Operations
General Manager and Collier Area Transit (CAT) in the day-to-day operations of the
system. The fixed route bus service management fee shall be $98,392 for FY 2009
(10/01108-09/30/09) and $100,360 for FY 2010 (10/01109 - 09/30/10). Additionally,
the Contractor will be provided a maximum of $50,000 for expenses. If the Contractor
can deliver the same quality and quantity of service for less than $50,000 during one or
both fiscal years, the Contractor shall receive a payment of 50% of the savings.
Reimbursable expenses under this Agreement are as specified on Attachment 3. Invoices
for those expenses shall include required back-up documentation for payment in a form
acceptable to the County.
For the paraTransit system, the Administrative Fee for FY 2009 and FY 2010 will
be three percent (3%) higher than its FY 2008 fee or $397,638 annually. Additionally,
the Contractor will be provided a maximum of $150,000 to cover profit and expenses as
specified on Attachment 3. The annual maximum $150,000 shall be equally divided into
the 12 months for purposes of invoicing. Invoices for expenditures shall include required
back-up documentation and the balance remaining on the monthly allotment shall
become profit up to the monthly portion of the annual $150,000 maximum.
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3.2 All other costs and expenses approved by the County for the operati8n..of the - ....
public transit system, including Collier Area Transit (CAT) fixed route services and its
paraTransit program, known as Collier Area paraTransit (CAP), will be reimbursed to the
Contractor by the County upon proper documentation of expenses incurred provided.
Said expenses shall not exceed $50,000 in either of the above fiscal years (FY 2009 and
FY 2010). If Contractor can deliver the same quality and quantity of service for less than
$50,000 during one or both of these fiscal years, Contractor shall receive a payment of
50% of that savings. Expenses shall include everything not provided for with the fixed
fee. The Revenue Hour Rate for FY 2009 shall be $46.98 and for FY 2010 it shall be
$48.39.
3.3 The estimated costs for the contract, are based upon the total route revenue
hours approved by the County multiplied by the fixed revenue hour rate, plus paraTransit
services. Fixed profit for FY 2009 shall be $85,000 and for FY 2010 it shall be $90,000.
It is expected that the revenue rate hours may change over the course of the Agreement,
and that the Contractor's compensation will be based upon the cost of additional revenue
hours approved by the County. Payment shall be made to the Contractor promptly upon
receipt ofa proper invoice and in compliance with Section 218.70 F.S., otherwise known
as the "Local Government Prompt Payment Act."
A synopsis of the costs and expenses included as part of the fixed revenue hour rates for
both the CAT fixed route service and the para Transit service and those expenses reimbursable by
the County is provided on Attachment 3.
4. TERMINATION. The McDonald Transit Operations General Manager shall report to
and be responsive to the Collier County Alternative Transportation Modes (A TM) Director. The
A TM Director will be responsible for evaluating the Contractor's performance. One hundred
and twenty (120) days prior to September 30, 2009, the Contractor may terminate this
Agreement by written notice to the County. Any such notice to terminate this Agreement shall
be given by certified mail, return receipt requested, and shall be effective 120 days from the date
of receipt as noted on the return receipt. If the Contractor does not terminate this Agreement at
that time, then the Contractor is obligated to continue to provide the services described in this
Agreement through September 30, 2010.
The County may terminate this Agreement at any time upon 60 days written notice to the
Contractor. Any such notice to terminate this Agreement shall be given by certified mail, return
receipt requested, and shall be effective 60 days from the date of receipt as noted on the return
receipt. A written request by the County to the Contractor to increase or decrease the level of
fixed route service shall not be construed as a partial termination of this Agreement.
5. ASSIGNMENT AND SUBCONTRACTING. No portion, of the requested services
may be assigned or subcontracted without the prior written permission of the County. The
County may grant or withhold its consent in its sole and absolute discretion. As to any assigned
subcontractor(s) approved by the County and providing services on behalf of the Contractor, the
Contractor shall include in its contract with such subcontractor(s} all clauses mandated by the
Federal Government. Any Federal funds used to pay for goods or services on a contract greater
than $100,000.00 requires the addition of such third party clauses. Reference on this matter is
made to the Federal Transit Administration Best Practices Procurement Manual, Appendix A, as
amended. As the expert consultant, the Contractor shall be presumed to have specialized
knowledge as to which clauses are required in its subcontracts and to take all required action
incident to Federal Transit Administration reporting requirements effective October 1,2009.
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6. OPERATING REVENUES. All operating revenues collected by the Contractor are the
property of the County, including but not limited to farebox receipts, ticket and pass sales
revenue, and advertising revenues. Revenues shall be deposited in the appropriate County
account weekdays by 5:00 p.m. in accordance with the procedures mutually agreed to by the
County and the Contractor. In instances where the courier employed to pick up and deliver
deposits arrives after 5:00 p.m., deposits shall be made as soon thereafter as possible.
7. MEETINGS. Upon request of the County, the Contractor shall, at its own expense,
attend citizens' meetings to provide information concerning the transit system. At a minimum,
the Operations General Manager, representing the Contractor, and the County A TM Director,
representing the County, shall meet bi-weekly to discuss fixed route and paraTransit services.
The A TM Director will develop the bi-weekly meeting agenda and may periodically request
specific information regarding administration, management, and current or planned services and
budgets. In addition to the bi-weekly meetings, a monthly meeting will be scheduled with the
Operations General Manager, the Superintendent of Fixed Route Operations, the Superintendent
of ParaTransit Operations, the Service Info. /Performance Reporting Manager, the A TM
Director, and other County staff. The monthly meeting schedule and agenda shall be determined
based upon upcoming deadlines and reporting activities. The Operations General Manager shall
be responsible for developing the agenda with input from the A TM Director.
8. ADVERTISING. The Contractor shall work cooperatively with the ATM Director to
identify a cohesive and strategic marketing and advertising campaign to increase ridership and/or
advertising revenues. Specifically, the Operations General Manager will recommend alternatives
for new interior and/or exterior advertising on revenue vehicles, as appropriate. Any revenue
received from advertising on buses shall be paid to the County. The contractor will conduct
monthly meetings with key employers and other transit partners to identify employer transit pass
programs, fixed route service needs, and desirable transit amenities. The County will attend the
monthly meetings for briefings and oversight. The Contractor will work with the County on
developing a plan for the sale of pre-paid fare media at other locations within the community.
Additionally, the Contractor will be responsible for identifying shelter advertising strategies
consistent with local community regulations regarding signage and advertising. The Contractor
shall be responsible for the installation of advertising and collection of revenue from the
advertiser. This revenue must be documented and deposited in the County bank account within
two working days. There shall be no interior or exterior advertising on or in buses, transit
shelters, benches, or other transit amenities without prior written authorization by the County of
the form advertising.
9. THE COUNTY AND CONTRACTOR-SUPPLIED PROPERTY. Title to capital items
provided by the County shall remain with the County and records of all purchases will be
documented through the County's Asset Management System. The Contractor shall be required
to notify the County Purchasing Department of the intent to purchase equipment, items, or
services, and maintain such, utilizing the manufacturers' recommended maintenance standards, at
a minimum. In instances where the manufacturer's standards are not available, the Contractor
will utilize those standards provided by the County. Furthermore, the Contractor shall maintain
adequate property control records of all County-furnished property in accordance with sound
industry practice and provide monthly copies of these records to the A TM Director for review
and approval by the County. Contractor shall also strictly adhere to the Federal property
management requirements mandated by Title 49 CFR ~ 18.32. The County shall have the
option, upon the expiration or termination of the Agreement, to purchase all or any part of
software or equipment not already purchased by the County and used by the Contractor in the
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performance of the work specified in the Agreement, at a price equal to that po tion of the
original cost of the software or equipment which has not yet been amortized as of he date the
Agreement expires or is terminated. Amortization shall be deemed to be in accOl dance with
generally accepted accounting principles.
10. INSURANCE. The Contractor shall provide insurance as follows:
10.1 Minimum Limits of Insurance
The Contractor shall maintain limits no less than:
a. Commercial General Liability (Occurrence Form) patterned after the current
L.S.O. form with no limiting endorsements, excluding Garage Liability: $5,000,000
combined single limit per occurrence for bodily injury, personal injury, a: ld property
damage.
b. Vehiclel Automobile Liability (Owned/non-owned/hired) : $5,000,000
combined single limit per accident for bodily injury, personal injury and propl :rty damage
including passenger liability.
c. Umbrella Liability: $10,000,000 per occurrence for bodily inju'y personal
injury, and property damage in excess oflimits required above.
d. Workers' Compensation and Employers' Liability: Workers' Cempensation
limits as required by the Statutory Limits of Florida Statutes Chapter 440 ane all Federal
Government Statutory Limits and Requirements.
e. All Risk Fire and Extended Coverage for full replacement I :ost on all
equipment, tools, supplies, and contents used by the Contractor in the perf )rmance of
services under the Contract. The County provides Risk Fire and Extended c )verage for
the County owned real property and accompanying County owned contents lile furniture,
etc. Any specialized equipment, tools and the like owned and used on site by McDonald
Transit, Inc. is not covered under the County's program.
f. V ehiclel Automobile Physical Damage coverage, including Collisi( n coverage
and Comprehensive coverage, each equal to the depreciated value of a 11 vehicles,
including the buses, and non-revenue vehicles operated by Contractor. The Contractor
shall be responsible for all damages falling below the deductible. No bla lket or per
location limit should apply to this coverage under $10,000,000. The Cou Ity will be
included as a Loss Payee in this coverage.
g. Fidelity Bonds insuring against theft, fraud or misappropriation ,)f funds or
other misuse of money in such amounts as the County shall request. The Cou Ity shall be
named as an Additional Insured as their interest may appear. A letter of cn dit may be
requested in lieu of or in addition to a Fidelity Bond to secure the Bond deductible
depending upon its size.
h. Employment Practice Liability: $1,000,000 each occurrence and agg regate.
i. Performance Bond: It is hereby made a part of this Agreeme lt that the
Performance Bond requirement is waived.
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A copy of the insurance coverage requirements is also attached hereto as Attachment 4,
Risk Management.
10.2 Deductibles and Self-Insured Retention
Any deductibles or self-insured retentions must be declared to and approved by
the County. At the option of the County, either, the insurer shall reduce or eliminate such
deductibles or self-insured retentions in regard to the deductibles or self-insured
retention's as respects the County, their officials, agents, employees, and volunteers; or
the County shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
10.3 Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability, Automobile Liability, and Umbrella Liability Coverage
a. The County, their officials, agents, employees, and volunteers are covered as
insured's as respects liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or vehicles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope of protection
afforded to the County, their officials, agents, employees, and volunteers.
b. The Contractor's insurance coverage shall be primary insurance as respects to
the County, their officials, agents, employees, and volunteers. Any insurance or self-
insurance maintained by the County, their officials, agents, employees, and volunteers
shall be in excess of the Contractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the County, and its officers, officials, employees and volunteers.
d. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the County, and
its officers, officials, employees and volunteers for losses arising from work performed
by the Contractor for the County.
3. All Coverage
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, or canceled by either party, reduced in coverage
or in limits except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the County or ten (10) days for non-payment.
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4. Acceptability of Insurers 168 12
Insurance is to be placed with insurers with a Best's rating of no less than a VII or
with an insurer acceptable to the County. The Contractor also agrees that upon the
County's request it will provide a current financial statement of its insurer within ten (10)
days.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by the Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 30 days prior to any expiration date. There shall be
a 30-day notification to the County in the event of cancellation or modification of any
stipulated insurance coverage.
10.4 Verification of Coverage
The Contractor shall furnish the County with certificates of insurance and with
original endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The policies, certificates and endorsements are to
be in a form acceptable to the County and are to be received and approved by the County
30 days after award or commencement of any transition activity, whichever is earlier.
The Contractor is to commence no activity with regard to performance of the Agreement
until the required insurance is obtained. The Contractor shall provide complete, certified
copies of all required insurance policies to the County.
10.5 Subcontractors
The Contractor shall include all subcontractors as insured's under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All coverage
for subcontractors shall be subject to all requirements stated herein, except paraTransit
subcontractors will be subject to Automobile Liability of $1,000,000, in Attachment 4.
10.6 Additional Insured Requirements
The County shall be listed as the Certificate Holder and included as an Additional
Insured on the Comprehensive General Liability Policy.
10.7 Certificate Holder and Requirements
Collier County Board of County Commissioners shall be named as the Certificate
Holder. NOTE: The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
The Certificate must state the Contract Number and Title.
10.8 Cancellation Notice Requirement
Thirty (30) Days Cancellation Notice is required.
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Claims Information and Loss Run 168 12
The Contractor shall make available to the County, through its records or the
records of their insurer, information regarding a specific claim. Any loss run information
available from the Contractor, or their insurer, will be made available to the County upon
their request.
11. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
Agreement, the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.c. 1324, et. seq., and regulations relating thereto, as either may be
amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this Agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
12. INDEMNIFICATION. To the maXImum extent permitted by Florida law,
the Contractor/ Vendor/ Consultant shall indemnify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor/ Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person described
in this paragraph. This section does not pertain to any incident arising from the sole negligence
ofthe County.
13. AMENDMENT AND NOTICES. Except as otherwise provided herein, this
Agreement shall only be amended by mutual written consent of the parties hereto or by their
successors in interest. In the event State or federal laws are enacted after the execution of this
Agreement which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
All notices and other communications required or permitted hereunder shall be in writing
and shall be sent by Certified Mail, return receipt quested, or by a nationally recognized
overnight delivery service, and addressed as follows:
McDonald Transit Associates, Inc.
3800 Sandshell Drive
Suite 75
Fort Worth, Texas 76137
All Notices from the Contractor to the County shall be deemed duly served if mailed or
certified mail to the County to:
Collier County Government Center Collier County A TM Director
Purchasing Department - Purchasing Building 2885 Horseshoe Drive South
3301 Tamiami Trail, East Naples, FL 34104
Naples, Florida 34112
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The Contractor and County may change the above mailing address at any time upon
giving the other party written notification.
14. LEGAL RELATIONSHIP. The Contractor is an independent contractor, and is not
the legal representative or agent of the County. The Contractor and County have a business
relationship based entirely on and circumscribed by this Agreement. No partnership, joint
venture, agency, fiduciary, or employment relationship is intended or created by reason of this
Agreement. The Contractor will exercise full and complete control over and have full
responsibility for its contracts, daily operations, labor relations, employment practices and
policies, including but not limited to the recruitment, selection, hiring, disciplining, firing,
compensation, work rules and schedules of its employees.
15. LAWS AND PERMITS. Any and all services, materials and equipment shall comply
fully with all Local, State and Federal laws and regulations. In compliance with Section 218.80,
F.S., all permits necessary for the prosecution of the work shall be obtained by Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the work shall be procured and paid for
by the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of
Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted.
The Contractor agrees to comply with all laws governing the responsibility of an employer with
respect to persons it employs, and agrees that there shall be no discrimination as to race, sex,
color, or national origin.
16. NO IMPROPER USE. The Contractor will not use, nor suffer, nor permit any person
to use in any manner whatsoever, County vehicles, equipment, or facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal, State, county or
municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. Additionally, the Contractor shall properly secure and
safeguard the County's physical premises on which the Contractor conducts business; including
but not limited to making certain that all doors and windows of the business are locked and
secured during non-business hours. In the event of any such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the Contractor to
be objectionable, improper, and/or inapposite to those conditions, the County shall have the right
to suspend this Agreement. Should the Contractor fail to resolve any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of
such violation, conduct, or practice, such suspension to the Agreement will continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
17. DISPUTE RESOLUTION. This Agreement shall be deemed to be made in Collier
County, Florida, and shall be governed by the laws of the State of Florida. In the event of a
dispute under this Agreement, the parties shall first use the County's then-current Alternative
Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file
an action for appropriate relief in the Circuit Court of Collier County, said Court being the sole
agreed upon venue with respect to any action arising from this Agreement.
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18. COMPONENT PARTS OF THIS CONTRACT. This Agreement cnnsis~ 91112
attached component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim.
19. SUBJECT TO APPROPRIATION. This Agreement is subject to appropriation by the
Board of County Commissioners.
20. RECORDING. The Contractor shall execute the Agreement first and it shall be
recorded by the County in the Official Records of Collier County, Florida, within fourteen (14)
days after the County executes the Agreement. The Contractor shall pay all costs of recording
this Agreement. The County shall provide a copy of the recorded document to the Contractor
upon receipt of the recorded document.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLLER COUNTY, FLORIDA
4~ J~
By:
DONNA FIALA, CHAIRMAN
MCDONALD TRANSIT ASSOCIATES,
INC., Contractor
By: Sic?~
By: Robert T. Babbitt, President
Typed Signature and Title
Rita FarrelL A VP-Management Services
Type/print witness name
Ap roved as to form and legal sufficiency:
.tJL
Scott R. Teach, Deputy County Attorney
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ATTACHMENT 1
COUNTY DUTIES
COUNTY DUTIES AND RESPONSIBILITIES
The County has the following responsibilities and performs the following duties with respect to
the fixed route and paraTransit services. To the extent reasonable and feasible, the Contractor
shall assist the County in this regard.
System Planning and Administration
The County will be responsible for the preparation, submittal and administration of all federal,
state, and local grants associated with the operation of the fixed route bus service and demand
responsive paraTransit. The Contractor shall assist in providing the County with necessary
information to process grant requests. The failure to timely provide complete responses to
reasonable requests for data and information will amount to "cause" as used in Section Four of
this Agreement.
Financial
The County shall reimburse, on a monthly basis, all costs for the approved budget for fixed route
services and paraTransit services promptly. The County shall offer their advice and consent on
the selection of any insurance policy and any subcontractor who provides trips to the customers.
The County shall establish a payment account unique to the paraTransit subcontracts. Payment
for services are specified in Section 3 - Compensation.
Operations and Maintenance Facility
The County provides the operations/maintenance facility and maintenance for County-owned
CA T fixed route and County-owned CAP demand response vehicles. The County is responsible
for all utilities and maintenance costs for these facilities. A County telephone account shall be
set-up for the CAT telephone number so that all notices and coordination regarding service
interruptions can be managed by County staff.
Vehicles and Equipment
The County will provide to the Contractor the number and type of vehicles set forth in Exhibit
"A" for both CAT fixed route and CAP demand response vehicles. The County's Fleet
Management Department will perform a pre- and post- delivery inspection on all newly
purchased fixed route vehicles. Based upon County-identified vehicle replacement needs, the
County may repair, replace, or add to the vehicles identified in Exhibit "A." The Contractor
must provide any additional paraTransit vehicles as necessary and may do so through
subcontracts. The County will establish an appropriate vehicle spare ratio for fixed route bus
service and paraTransit service.
The ParaTransit Fleet will be evaluated on an annual basis. Currently the service is projected to
average 500 trips per day utilizing 15 vehicles and 5 spares for mechanical breakdowns and
preventative maintenance. Therefore, up to 20 vehicles are provided, insured and fueled by the
County. The service will use an average of 15 vehicles in daily operations. If average daily trips
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exceed 550 for a three month period, consideration will be given to increasing the fleet size. The
County and the Contractor agree to review the fleet size and availability of subcontractor
vehicles to handle increased demand that cannot be serviced by the fixed route service (CAT).
Should additional vehicles be required and not available from subcontractors, the County may
allow use of more than an average of 15 vehicles in daily operations or, when deemed necessary
by the County, may provide an additional vehicle(s) for service peak. Such a decision will
require additional funding from the County and therefore, an amendment to the Agreement
subject to the County's approval.
Computers
The Contractor may require additional computer equipment and/or software to provide services.
If so, the County will purchase and/or supply reasonably necessary computer equipment and/or
software for the Contractor. The County shall procure, with advice and input from the
Contractor, scheduling software updates. The ownership of the software shall remain with the
County.
Fuel and Maintenance Costs
The County shall provide fuel and maintenance products or services needed for all County-
owned vehicles. The County will outline all operating, administrative, and accounting procedures
that the Contractor must follow in connection with fueling operations and maintenance
procedures. The County will reimburse the Contractor for the reasonable cost of fuel in isolated
cases in which it is not feasible to supply fuel at a County facility for all County-owned vehicles
used in providing CAT fixed route and CAP demand response services.
Schedules. Passes, Tickets, Tokens
The County shall prepare, print, and provide all schedules, passes, tickets, tokens, and like
materials required by CAT fixed route and CAP demand response operations. The Contractor
shall distribute and disseminate such materials in accordance with the procedures mutually
agreed to by the County and the Contractor and any directions supplemental thereto provided by
the County.
Radio Communication Systems
The County will provide radios on all County-owned fixed route vehicles, County-owned
paraTransit vehicles, and County-owned supervisory vehicles. The County will be responsible
for providing and maintaining the radio communications system. The County will be financially
responsible for the cost of the radio license, all radio equipment, and equipment installation. The
Contractor must identify and provide additional radio equipment for any Contractor-owned
Supervisor vehicles, Contractor-owned paraTransit fleet vehicles, and other Contractor-owned
vehicles or other equipment.
Fareboxes/Destination Signs
At, minimum, the County will provide a manual farebox collection system on the fixed route bus
fleet and the necessary equipment (vault, any coin-counting machines, etc. at its administrative/
dispatch office) to safely and securely store the contents of all fareboxes over night, if required.
The County may upgrade the farebox collection system with the availability of funding. The
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Contractor is responsible for identifying and alerting the County to any additional equipment that
may be required. The County will provide the destination signs for the buses.
Bus Stop Improvements
The County will purchase, install, and repair (i.e., painting, replacing components, etc.) all signs,
posts, benches, shelters, and trash receptacles for CAT fixed route and CAP bus stops and
facilities. The Contractor is responsible for daily removing the trash from all receptacles
installed by the County and for pressure washing the shelters as needed.
Notification - Potential Interference with Operations
The County shall make a reasonable effort to notify the Contractor in advance of any road
closures, detours, parades, or other such events under County jurisdiction, which may interfere
with CAT fixed route and CAP operations or require deviations from established routes or
schedules. At the monthly management meetings, the County will provide the Contractor with a
list road closures, detours, parades, or other such events under County jurisdiction as well as a
list of meetings, websites, and contacts where additional information regarding construction
projects may be obtained.
12
A TT ACHMENT 2 16B12
CONTRACTOR DUTIES
CONTRACTOR DUTIES AND RESPONSIBILITIES
The Contractor shall perform the duties and accept the responsibilities set forth below in
connection with the operation, maintenance, and administration of fixed route CAT fixed route
and CAP demand response systems.
Operations
The Contractor shall provide the necessary administration, planning, operation, maintenance
oversight, and management duties and responsibilities for the operation of fixed route,
paraTransit, special event, and other services as specified by the County. The Contractor shall
assist and cooperate with the County in meeting the objectives of providing quality
transportation services. The Contractor shall perform close liaison activities, coordinate, and
cooperation with the County on matters related to operations, monitoring, reporting and service
performance measurements, as stated in the reporting section and consistent with procedures
mutually agreed upon by the County and the Contractor. All reports are due by the 15th day of
each month, unless otherwise specified in this Agreement. The format and content of the
monthly and annual reports will be agreed to with the County.
System Planning and Administration
The Contractor is responsible for administration and planning activities related to the operations
of CAT fixed route bus services and CAP demand responsive services including, but not limited
to: schedules, days and hours of operations, bus stop locations, location of bus stop
improvements, budgets, related documentation, contract monitoring and other such activities
relative to overall system administration, pending the County's approval. The Contractor shall
provide operating statistics reports and an evaluation of such in an electronic spreadsheet format
by the 15th day of each month and other reports as identified herein in the required reporting
section of this Agreement. The Contractor will appoint a new Operations General Manager (the
Manager) on site to oversee the performance of this Agreement on or before approval of the
Amendment to Agreement by the Collier County Board of County Commissioners.
The County will be responsible for the preparation, submittal and administration of all federal,
State, and local grants associated with the operation of the CAT fixed route bus service and CAP
demand responsive systems. The Contractor shall assist the County by providing data, reports,
and/or supporting documentation necessary to complete such grant applications. The failure to
timely provide complete responses to reasonable requests for data, reports, and/or supporting
documentation for grant applications will amount to "cause" as used in Section Four of this
Agreement.
Fixed Route
Using vehicles and equipment provided or funded by the County, the Contractor will operate
fixed route bus services as specified by the County. Fixed route bus service shall be operated in
strict accordance with the operating days and hours, routes and schedules set forth in the
schedule, and shall provide such service in a safe, professional, and courteous manner. Service
hours may vary over the term of the Agreement depending upon funding considerations.
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. The Contractor shall work with the County to establish mutually acceptable
procedures to record and measure on-time performance for fixed route bus service.
. On-time performance data will be collected for each fixed route and recorded at the
stop level to determine on-time performance.
. The Contractor shall collect and monitor on-time performance on a route and stop
level using a County-approved form. Daily, weekly, monthly, and annual on-time
performance reports will be submitted to the County in paper (daily logs) and/or
electronic spreadsheet or database format, identifying on-time performance trends
over various reporting periods.
. In no event shall a bus depart ahead of schedule from stops to make up overall route
schedule adherence.
. In the event that a fixed route operates more than ten (10) minutes behind schedule,
the Contractor shall contact the County immediately to advise staff and discuss the
necessary steps required to restore schedule adherence. Corrective actions shall be
proposed for County approval and may include re-routing, vehicle substitutions, or
other measures. The failure to contact the County to propose corrective measures to
restore schedule adherence shall subject the Contractor to liquidated damages as
stated herein.
. The Contractor is responsible for developing and distributing all schedule blocks and
run cuts in conformity with the County's prior approval and specifications.
. A dispatcher is required to be on duty in the fixed route dispatch office at all times
while buses are in service. Detailed logs must be kept by the Contractor of all
communications and submitted weekly to the County. Telephonic or electronically
recorded communications shall also be preserved by the Contractor and provided to
the County along with its weekly logs. The Contractor must implement a program
that provides adequate supervision throughout the transit system's service area.
. Drivers, when requested by the County, will hand out notices to passengers or
otherwise render assistance In the County's customer relations, promotion,
monitoring, and supervisory functions.
. Drivers will be required to assure that each patron pays the appropriate fare.
. Drivers will be required to honor fares, as determined by the County.
. Drivers shall have available at all times during operation of any bus an accurate
timepiece.
. Drivers will be required to operate the wheelchair lift and kneeling features and assist
in securing wheelchairs and scooters.
. Drivers will be required to announce all ADA required stops through the public
address (P A) system or vocally, as identified on the CAT schedule.
. Drivers must fill out a pre-trip and post-trip inspection forms.
. The Contractor must provide a reliable monitoring program to insure the highest
quality of service and performance capability. The Contractor will be responsible for
accumulating data and reports that assist in identifying service improvements or
modifications, as identified herein in the reporting requirements.
. The Contractor must implement a program that provides adequate supervision
throughout the transit system's service area.
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ParaTransit Service 16B J2
The Contractor shall ensure that similar administration, planning, operation, maintenance
oversight, and management duties and responsibilities are undertaken for the para Transit system.
The Contractor shall propose a qualifications-based subcontractor selection process within ten
(10) days of this Agreement. The Contractor shall conduct all subcontractor selection and
negotiation process, with the advice and consent of the County. The Contractor shall ensure the
process is completed 30 days before service delivery inception as defined in the subcontract. At a
minimum, the Contractor will be responsible for the successful delivery of all scheduled
para Transit trips with the passenger pick-ups occurring within the pick-up window as established
in the current Transportation Disadvantaged Service Plan (TDSP). Manifests for the next day
will be provided to the County by 5:00 p.m. to allow for independent auditing of on-time
performance for paraTransit services. The Contractor shall work with the County to establish
mutually acceptable procedures to record and measure on-time performance for paraTransit
servIces consistent with the TDSP. The Contractor will report paraTransit servIce
administration, planning, operation, maintenance, oversight, and management data to the County,
as stated herein in the reporting requirements.
Special Events Service
In addition to regular fixed route and paraTransit operations, the Contractor will, from time to
time, be required to provide special transportation services within the CAT service area using
CA T or CAP vehicles. All passenger fares (if any) for the special events service are the property
of the County and are to be accounted for and deposited using the same procedures followed for
the regular operations on the fixed route service.
Safety
A written safety program shall be maintained by the Contractor which includes safety policies
and practices, accident procedures and reporting, and other training materials. The County will
conduct an annual System Safety review of the Contractor to comply with safety requirements of
Chapter 14-90, Florida Administrative Code (F AC). The Contractor shall have a documented
safety program including but not limited to the following components:
. Accident Response Plan
. Accident Review Process and Analysis
. Determination of an Accident as Preventable or Non-Preventable, Utilizing the
National Safety Council (NSC) Guidelines
. Employee Retraining Provisions
. Driver Incentive Provisions
. Programs and Methods to be Utilized to Promote Safety Awareness
. Employee Training and Required Certifications
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Drug & Alcohol Testing Program 16812
The Contractor shall administer a Drug and Alcohol (D & A) program which meets all of the
Federal and County requirements and require that all its subcontractors providing service under
hereunder undergo the same D&A testing mandated by this Agreement. D&A testing of all
employees shall be conducted in accordance with Collier County's Risk Management policies as
well as United Stated Department of Transportation (US DOT) and Federal Transit
Administration (FT A) regulations, as defined in Title 49 Code of Federal Regulations (CFR),
Parts 40 and 655. The Contractor must have a Substance Abuse Testing Program in place which
meets all the criteria of the US DOT, the FT A, and Collier County. The Contractor shall produce
documentation necessary to establish compliance with Title 49 CFR, Parts 653 and 654; and to
permit any authorized representative of the US DOT or its operating administrations, the Florida
Department of Transportation (FDOT), or Collier County to inspect facilities and records
associated with the implementation of the D&A testing program required by Title 49 CFR, Parts
653 and 654. Documentation of test results will be maintained in personnel files and readily
available for inspection by the County.
It is understood that failure to comply with any requirement outlined in Title 49 CFR, Parts 653
and 654, or failure to submit any required certification or documentation shall be considered a
material breach of contract and grounds for contract termination under the for-cause provisions
of the Agreement. Collier County has a zero-tolerance for positive D&A tests and requires the
same policy to be enforced by the selected Contractor.
Background Check/Training of Drivers
The Contractor will administer a background check of all drivers before participation in the
program, as described in detail below. It is important that the Contractor provide professional
and consistent levels of safe, high quality service to all riders. All drivers, including
subcontracted drivers, utilized in providing fixed route bus operations and paraTransit service
must meet the following employment standards:
. Each driver must pass a US DOT pre-employment physical examination certifying they are
physically able to perform the essential functions of the job with or without reasonable
accommodations and an updated physical examination record must be submitted every two
(2) years.
. Each driver must have a Department of Motor Vehicles (DMV) Report completed prior to
driving any vehicle in service.
. Each driver must pass a pre-employment drug test prior to driving or performing any safety
sensitive functions.
. Each employee must pass a background check for criminal offenses to carefully screen
personnel that have direct contact with clients/riders. Any applicant for a driving position
shall not have been convicted of a felony and/or a 1 st degree misdeameanor as defined in
the Florida Statutes, which has a direct relationship to the performance/operation of a
public transit vehicle.
. A criminal background check must be completed prior to driving any vehicle in service. A
driver may not have any felony convictions, or have been convicted of any crimes against
children or financially exploiting a person with a disability. This background check must
include a comprehensive out of state review.
16
. Each driver must possess and maintain a Commercial Driver's License (CDL) wl ~e B 12
proper endorsements.
. Each driver must be a licensed driver for a minimum ofthree (3) years.
. Each driver must possess a safe driving record.
. Each driver must comply with all federal, state, and county requirements for substance
abuse testing.
. Each driver must be dressed in appropriate attire that consists of a uniform.
. The Contractor is further required to:
0 Conduct mandatory quarterly safety meetings for all drivers. In addition, driver
meetings shall include an opportunity for drivers and supervisors to interact with each
other and various staff members which make up the operations team.
0 Check DMV records for each driver at least every twelve (12) months for accidents,
violations, and valid driver's licenses of all vehicle drivers. A driver must have an
acceptable driving record of not more than seven (7) points in the last three (3) years
and no DUI convictions within the last five (5) years.
0 Ensure appropriate level of back-up/extra board drivers to ensure continuity of service.
0 Ensure vehicle drivers adhere to policies regarding professional behavior such as
smoking, eating, drinking, appropriate music selection, and volume, etc.
0 Ensure each driver and road supervisor have an accurate clock or watch (set daily)
displaying hours and minutes available and in clear sight at all times during the
operation on any vehicle.
. Provide appropriate employee training to include at minimum:
0 A minimum of 60 hours of training prior to driving a vehicle in service.
0 Passenger Assistance Technique (P.A.T.) - At least four (4) hours of instruction on
passenger assistance, approved by Collier County. This training must satisfy the
paraTransit service Passenger Assistance Training/ Sensitivity requirement of Chapter
14-90, FAC. The Contractor's trainer shall conduct and document an on-board
evaluation with each operator. Training shall include elderly and disability sensitivity
components, passenger relations and assistance, passenger handling, securement of
wheelchairs, use of seatbelts, assistance to the visually impaired, and dealing with
service animals.
0 Adult and juvenile Cardiopulmonary Resuscitation (CPR) training for ParaTransit
Operators including general first aid, proper response to emergency medical needs of
riders, and hazardous waste disposal procedures.
0 Defensive Driver Training per the National Safety Council standards or an equivalent
course approved by Collier County.
0 Vehicle breakdown, accident, passenger incidents, adverse weather and other
emergency/safety procedures including emergency vehicle evacuation.
0 Policy instruction, such as trip scheduling, service hours, service area, complaint
procedures, wait time, fare structure, transfers locations, ADA operation, etc.
0 Vehicle and equipment operations, including proper two-way radio protocol,
wheelchair and scooter securement, ramp operations, and operation of any automated
devices installed in the vehicle.
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16B 12
0 Knowledge of service area, map reading, address locating, and familiarity with streets
and landmarks.
0 Safe operation of vehicles and post-accident procedures.
0 Post Accident Retraining is required for a driver after a preventable accident.
0 Sensitivity training to develop skills and increase understanding of people with
disabilities, all sexual orientations, diverse cultures, races, and ages.
0 Familiarity with the completion of necessary paperwork such as trip sheets (manifest),
pre-trip inspection forms, accident reports and incident reports.
All employees and drivers may be required to receive periodic additional training provided
by Collier County. The Contractor must provide Collier County with evidence that all
drivers have completed the training program offered by the Contractor prior to driving and as
required. The Contractor shall ensure that all drivers receive refresher classes or repeat new
employee training at a minimum of four (4) hours every year. Drivers must obtain CPR
certification annually and first aid certification every two (2) years. The Contractor shall
provide Collier County with quarterly updates of Driver Rosters. Each roster entry shall
indicate at a minimum: driver's name, address, date of birth, date of hire, driver's license
number, expiration date, training dates, latest D&A test, and Motor Vehicle Record (MVR)
review date. Ongoing training classes shall be included as part of the monthly report.
The Contractor shall maintain all training programs and keep records documenting course
completion in each employee's personnel file. The Contractor shall make available a
complete copy of all course outlines, instructor information, training materials, and
handbooks pertaining to paraTransit training to Collier County for review and approval.
Collier County staff may attend training sessions given by the Contractor.
The Contractor shall require all personnel providing transportation under the Agreement to
maintain driver licensing and registration requirements and maintain acceptable MVR's.
Documentation to support these requirements shall be filed with or made available to Collier
County. The Contractor must conduct checks and administer oversight to ensure that all
driver requirements are met subject to the following standards and penalties:
. Standard for MVR Reviews: The Contractor shall review driver's MVR's at least once
every twelve (12) months. Compliance shall be monitored by Collier County personnel
on a random basis.
. Standard for Background Screening Reviews: The Contractor shall update employee
background screening at least once every twelve (12) months. Compliance shall be
monitored by Collier County personnel on a random basis.
. Disincentive Penalty: Failure to meet driver licensing and registration requirements, as
stated above, shall result in the imposition of liquidated damages in the amount of
$1,000 per incident.
Emergency Preparation
The Contractor will develop procedures and provide training programs, subject to County
review and approval, to address all types of emergency situations, including accidents,
crime/security incidents, evacuation procedures, and inclement weather.
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Accident/Incident Response and Reporting 168 12
The Contractor shall develop and implement procedures, subject to County review and approval,
to respond to and report all accidents and incidents. Notification to the County is to be made for
all accidents and incidents no later than two (2) hours after the occurrence and the notification
shall specify the type of occurrence. Occurrences shall be categorized as vehicle accidents,
passenger injuries, passenger disturbances, employee injuries, and life failures on in-service
vehicles. All traffic accidents involving transit system vehicles are to be reported immediately to
the Collier County Sheriff or other appropriate police unit. In addition, the County shall be
notified promptly after the bus has been moved from the travel lanes, if required for the safety of
the passengers.
The Contractor shall prepare and retain written documentation for any vehicle accident. The
County will have access, for inspection and review, all written incident and accident reports
within 24-hours of occurrence. Every accident or any incident involving a rider/passenger, with
or without bodily injury or property damage, must be verbally reported to Collier County
immediately. A written report must be provided within 24 hours, and a full report with
photographs and police report must be submitted within seven (7) working days of the
accident/incident, or at the earliest date available. Liquidated damages as set forth herein will be
assessed for late reports. The Contractor must have a supervisor respond to the accident scene. A
summary of monthly accident occurrences shall be part of the monthly report which is due by the
15th day of each month.
Any penalties or assessments Contractor imposes upon its subcontractors while operating County
owned vehicles shall be remitted to County with fifteen days of the Contractor's receipt.
Accident Investigation, Rating and Follow-Up - part of Safety Plan too.
The Contractor will develop procedures to investigate, develop and rate each accident to
determine if the accident could have been prevented utilizing the National Safety Council
definition of preventability. In addition, this review will establish the need (and schedule, as
necessary) for any corrective training, operating guideline provision, or equipment maintenance
or technical correction required, together with a follow-up to assure that action has been
completed. All staff involved in accident investigation must be property trained in accident
investigation as required by the US DOT.
ADA Requirements
The program will encompass provisions for meeting ADA public transit requirements, including
the policies, regulations and training of all bus operators in the safe use of all ADA bus
equipment. Requirements include operation of the wheelchair lift equipment, wheelchair tie-
down procedures, wheelchair life standee policies, operation for bus kneeling feature, public
address system, boarding and securing of the mobility devices, service animal regulations, and an
awareness for a variety of disabilities and the medical symptoms or risks associated with them.
Customer Service
The County may provide an electronic answering system that allows for the caller to determine
whether their call is urgent or relates to previously provided service. An urgent call or complaint
would be routed to a live person in the call center or the Director of Operations to insure that
passengers have immediate access to CAT staff, when necessary. For all commendations and
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16812
complaints, telephone calls should be recorded for quality assurance purposes. Passengers with
complaints related to previously provided service should be offered an on-line complaint form, a
paper complaint form, or the opportunity to discuss issues with the Contractor or County staff.
The CAT voice-activated message recording system should be routed through the main call
center, at the main number. However, the Contractor would have read-only access to these
messages and the County will have delete message and audit capabilities for the recording
system. The system should allow remote listening to individual messages by County staff. All
complaints and commendations will be addressed by the Contractor, and the County will be
responsible for periodically reviewing and auditing of commendations, complaints, and
resolutions, as a quality control measure. The Contractor will also operate a Customer Service
Program, in accordance with the procedures mutually agreed upon by the County and the
Contractor, which accomplishes the following:
Customer Inquiries, Complaints and Commendations
A main focus of the Customer Service Program is handling all customer/public inquiries,
complaints or commendations received by mail, fax, e-mail, phone, or in person. The
Customer Information Service hours will be seven day per week: Monday-Friday from
6:00 a.m. to 6:00 p.m. The hours may be extended in the future if a need is identified. All
inquiries, complaints, or commendations shall be recorded in a permanent customer
comment form and entered into a customer servIce log (i.e. Microsoft Excel
Spreadsheet). The comments are to be routed to the appropriate Department for research
and follow-up actions. Detailed questions and all complaints must receive follow-up
responses to customers within three (3) working days of receipt. An important
requirement of the program is supervision of information responses to assure quality
control, accuracy, and customer service. In addition, the Contractor shall monitor and
schedule personnel necessary to effectively respond to incoming calls at a quality level
consistent with customer demand.
Computerized Database: Customer Complaints, Comments, and Commendations
A comprehensive report is to be provided to the County monthly, showing a summary of
all customer communication (both received and sent). The report is to be organized by
the customer comment category, by bus route, date, and customer name or employee
name. Follow-up action taken to address concerns must be specified in this report. All
complaints more than eight (8) working days old which have not resulted in a completed
investigation and follow-up response (telephone or written) to the customer must be listed
separately and forwarded to the County.
Ticket/Pass Sales Program
The Contractor will sell tickets and passes for fixed route and paraTransit service at the
CA T facility during the hours of 6:00 a.m. to 6:00 p.m. on weekdays. The Contractor will
accept payment by cash, check, and money order. A mail-in ticket and pass program must
also be provided. The Contractor is encouraged to supplement ticket/pass sales by
coordinating with convenience stores, grocery stores, and pharmacies regarding ticket/
pass sales. All revenues from the sales program are to be included in the passenger fare
deposits. The Contractor must provide complete accountability to the County for this
program. A periodic inventory of tickets and passes will be conducted at the County's
request.
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Operating Lost and Found Program 16B 12
Customer Service will be responsible for managing all lost and found articles from buses
or at transit facilities. This may include fielding inquiries on the phone or in person at the
Customer Service Information Office. The Contractor will follow the Lost and Found
Procedures, as stated in the Standard Operating Procedures Manual.
Photo Identification Cards
The Contractor will be required to prepare and issue identification cards to the elderly
and disabled for federal fixed route discount fare benefits, as well as those eligible for the
Complementary ParaTransit ADA services. If the County has the capability to produce
in-house photo identification cards at a cost less than that provided by the Contractor, the
County shall be allowed to provide this service in coordination with the Contractor. The
Contractor will record information and prepare an identification (J.D.) card at the CAT
facility for all eligible passengers requiring the discounted fare. Information on the
recipients will be entered and maintained on a database, along with copies of appropriate
documentation verifying individual eligibility.
Maintenance
The Contractor should establish a communication protocol with the County Maintenance
program and staff to identify vehicles which need preventive maintenance, and those which are
in need of maintenance as identified through pre and post trip inspections of vehicles on a daily
basis. The County shall develop a pro-active preventive maintenance program which adheres to
preventative maintenance schedules and standards of the industry. The Contractor must comply
with the preventative maintenance program by ensuring that all vehicles meet the developed
scheduled so as not to invalidate or lessen warranty coverage of any County-owned vehicle or
associated equipment.
Vehicle Towing
In the event that towing of any County-owned vehicle is required due to mechanical failure,
damage, etc., the Contractor shall be responsible to arrange such towing, through a company
selected by the County. For County owned vehicles, the County will pay the towing cost for
service provided.
Vehicle Servicing and Cleaning
Vehicle Servicing
The Contractor shall perform daily vehicle inspections, maintain logs of daily servicing,
and schedule and report all service activities necessary to operate all fixed route and
paraTransit vehicles and equipment safely and efficiently. F or purposes of this
Agreement, daily vehicle inspections and maintenance responsibilities shall include, but
not be limited to:
. Recording fuel usage and charting fuel use by vehicle
. Re- fueling of fixed route and paraTransit vehicles at the end of service
. Scheduling the following regular vehicle service activities:
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'1 I "11 d d ' d h' Id h ' 1 9 ~ 12
. Engme 01 , coo ant, transmISSIOn Ul, an wm s Ie was er servIce nee s or
County staff to complete
. Farebox vault pulling and replacement
. Tire inspection (air pressure, tread depth, and wear)
. Brake check
. Exterior and interior light operations
. Interior sweeping and dusting
. Exterior and interior visual inspection
. Identify unreported damage
The Contractor shall develop, implement, and maintain a written checklist of items included in
the daily inspection and/or servicing of each vehicle. The checklist shall be computerized and
kept on file for the County review for five (5) years. Similar standards are applicable for County-
owned vehicles out stationed to paraTransit service sub-contractors.
Vehicle Cleaning
The Contractor shall maintain buses in a clean and neat condition at all times. Vehicle exteriors
and wheels should be washed on an as-needed basis (at least weekly) and interiors shall be
cleaned, including trash removal, sweeping, vacuuming, or mopping, as needed after each day's
use. Ceilings, windows, dashes, walls, stanchions, and grab rails shall be thoroughly cleaned, as
necessary, but at least weekly. All foreign matter such as gum, grease, dirt, and graffiti shall be
removed from interior surfaces during the daily interior cleaning process. Upholstery shall be
steam cleaned as necessary, but at least quarterly, and upholstery damage shall be scheduled for
repair immediately upon discovery. Rubber or vinyl exterior components such as tires, bumper
fascia, fender skirts and door edge guards shall be cleaned and treated with a preservative as
necessary to maintain an attractive appearance and consistent with the bus wrap vendor's
maintenance suggestions. Buses shall be kept free of vermin and insects at all times. The
Contractor shall coordinate with the County to exterminate all vermin and insects from all
vehicles immediately upon their discovery, utilizing safe, non-hazardous and Environmental
Protection Administration (EP A)-approved insecti cides/materials. Similar standards are
applicable for County-owned vehicles out stationed to paraTransit service subcontractors.
Bus Stop, Transfer Center, Transit Amenities Maintenance, Cleaning
The Contractor shall coordinate with the County relative to the need for cleaning and
maintaining the transfer center, park and ride lots, improved bus stops, shelters and other transit
amenities. Conditions requiring necessary maintenance and cleaning shall include but not be
limited to: trash removal, washing windows, replacement of light bulbs. The Contractor is
responsible for trash removal at these facilities at least every other day. The Contractor will be
responsible for monitoring all bus stops, shelters, and other transit amenities on a regular basis
(weekly at a minimum) and reporting any maintenance problems to the County.
The Contractor will develop and implement a bus stop maintenance program, as mutually agreed
upon by the County and the Contractor, which meets the following minimum standards:
. The Contractor's supervisors and bus operators may be utilized as a monitoring resource
for bus stop maintenance. Customer comments and requests will also provide information
related to the bus stop maintenance requirements.
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168 12
. The Contractor will clean and maintain the improvements and grounds at all bus stop
sign, bench, and shelter locations to include the following: (1) trash removal, (2)
pressure cleaning shelters, and (3) general cleaning.
. Unsightly conditions must be reported by the Contractor to the County for corrections
within forty-eight (48) hours of observation.
. Hazardous conditions such as damaged facilities will be responded to by the Contractor
as quickly as possible.
The Contractor shall be responsible for labor and materials used in the performance of this work.
BUS STOP INVENTORY AND SHELTER REPAIR WORK ORDER PROGRAM
The County is responsible for managing the CAT bus stop and shelter program and undertaking
designated repairs. The Contractor will have the following responsibilities for the bus stop and
shelter program:
Bus Stop Inventory
The Contractor shall be responsible for providing data to the County for the preparation
and maintenance of a geo-referenced computerized CAT bus stop inventory which
delineates the location of all bus stops, accessibility issues of the stops, the routes that
serve each stop, and the passenger amenities located at each stop. The Contractor shall
prepare and present an annual report of existing stop locations, and identify potential
improvements based upon ridership criteria identified by the County.
Bus Stop Shelter Repair Work Order Program
The Contractor shall be responsible for removal and basic cleaning of bus stops as
previously noted above.
Signage Parts Inventory
The Contractor shall be responsible for maintaining the inventory of all sign faces and
posts by type, and advise the County when additional faces and posts need to be ordered.
The County will purchase all sign faces and posts.
Stop and Route Evaluation
The Contractor shall be responsible for developing procedures in coordination with the
County for the evaluation of requests for additional stops, routes, and making
recommendations to the County on stop and route additions, removals, and relocations.
The procedures and recommendations should be based on ADA, safety, route schedule,
and community considerations. The Contractor shall be responsible for submitting
recommendations along with supporting documentation for any requested stop or route
changes to the County for their review and approval. The Contractor will submit a
monthly summary of stop requests, evaluations of requests for changes, and other
information related to stop changes. The Contractor shall be responsible for labor used in
the performance of this work.
23
REVENUE COLLECTION, RECONCILIATION, AND DEPOSIT 168 12
The Contractor will develop revenue procedures to assure that revenue collection, reconciliation,
reporting, and deposit procedures meet industry standards and conform to Federal, State, and
County requirements consistent with this Agreement. These revenue procedures are to be
submitted to the County for review and approval. The following is to be incorporated into the
procedures:
. All revenue collected by the Contractor for fixed route, paraTransit and special event
service will be the property of the County.
. The Contractor shall reimburse the County for any revenue missing or stolen from
vehicles or facilities. The County and the Contractor agree to a daily reconciliation of
receipts. The Contractor shall prepare a reconciliation-reporting system for County
review and approval within 30 days from the approval of this Agreement.
. The County will establish the fare structure for the fixed route system and trip rate
structure for the paraTransit system. Any change in the fare structure or trip rates
authorized by the County will be implemented by the Contractor in the manner and at the
time prescribed by County.
. Drivers shall be required to assure that each patron pays the appropriate fare prior to
being provided transportation service. The Contractor may waive the passenger fare,
when appropriate, to maintain appropriate customer relations. Procedures outlining the
waiving of passenger fares shall be identified and mutually agreed upon by the County
and the Contractor.
. Drivers will not handle cash or make change for passengers.
. Drivers will record ridership counts by passenger category at stop locations along the
route.
. The Contractor shall maintain the security of the fareboxes on the buses and the
associated revenue collection system. Drivers will immediately report to Dispatch all
problems arising with the farebox.
. Money is not to be left in fareboxes overnight or when the vehicle is transported to an
off-property garage or site.
. Revenue is to be counted daily. There must be a minimum of two staff members in the
vault room during the count.
. All discrepancies are to be investigated and accompanied with an explanation report to
the County. This report must be received within two (2) business days of the discrepancy.
RECORDS AND REPORTS
The Contractor must maintain detailed records in all areas of the operation. This information is
vital to ensure compliance with federal, State, and County requirements and to enable a thorough
monitoring and evaluation of the system, including ridership, revenue, maintenance activities,
service efficiency and effectiveness, and customer satisfaction.
The Contractor must develop and implement a plan to ensure the development of a
comprehensive and accurate record keeping and reporting program that encompasses all aspects
of the operation, as stated herein. This record keeping/reporting plan is to be submitted to the
County within 30 days after this Agreement is approved. The following are to be incorporated in
the Contractor's record keeping/ reporting plan:
24
REQUIRED REPORTS 16B 12
The following reports are to be submitted to the County according to the specified frequency:
Operations Reports
The following is an illustrative list of the minimum operational reports required for the fixed
route system. Identical, similar, or like-wise appropriate operational report for the paraTransit
system must also be provided. Daily reports shall be available for review by the County by noon
the following day and monthly reports are due by the 15th day of each month.
1) Daily Dispatch Log
. The Contractor will record on a daily dispatch log all radio communication
received from operators and supervisors including time, vehicle number, route
number, and a brief summary of any incident and its resolution.
2) Daily Operating Report
. Total runs dispatched
. Total revenue hours operated
. Total dispatched runs and revenue hours that were missed
. Total dispatched runs that were delayed
. Total number oftrips monitored by the Contractor
. Total monitored trips recorded as late or early
. Total number of authorized extra trips
. Accidents (any vehicle used in the public transit system or passenger)
. Total number of bus failures (identified as major or minor and the reason for the
failure) by bus and run number
. Total number of buses (in service) with inoperable wheelchair lifts identified by
bus number
. Farebox problem, tampering, vandalism etc. by bus number
. List of supervisors driving routes and run number
. Number of dispatchers and supervisors on duty (not driving)
. Number of open runs (driver's) and run number and number of deviations by bus
and run
. Revenue and revenue miles, hours and number of passengers
. Number of late cancellations and no-show paraTransit trips with details of
circumstances and causation
Monthly Reports
. Total number of major and minor mechanical failures (by bus number and run
number)
. Total miles between failures
. Mileage per month
. Total missed trips and hours
. Total supervisor hours driving routes
25
. Total vehicle miles and hours 16B 12
. Total number of passengers
. Accidents and incidents
. Complaints from passengers: by route, type and driver
Safety Reports
1) Monthly D&A Testing Information
Number of tests administered by personnel category and positive and negative results for
the following categories:
. Pre-employment
. Post Accident
. Random
. Reasonable Suspicion
. Return to Duty
2) Monthly Accident Statistics
. Preventable and Non-Preventable
. Passenger Injuries
. New Workers Compensation Injuries, Injuries per 100 Employees
. Incidents
3) Accident Reports
Dispatch Memorandum of Accident (including drug & alcohol testing requirements), as
stated herein under "Safety Requirements".
. Supervisors Accident Report
. Drivers Accident Report
. Police Report
. Safety Department Follow up Report
4) Immediate County Notification
. Accidents (any County vehicle or passenger)
. Incidents that delay route more than 1 0 minutes
. Missed trips
. Major bus failure (any disabled bus)
. Detour or deviation off normal routes, this includes deadhead routes
Revenue Reports
1) Daily Reconciliation Report
. Ticket Sales
. Cash
. Total Revenue
. Total Deposit
26
2) Farebox Reports 168 12
. Daily Revenue and Ridership Report
. Daily Farebox Data Verification Report (discrepancies)
. Daily Exception Report
. Daily Security Report
. Monthly Revenue and Ridership Report
Customer Service Monthly Reports
. Complaints/Commendations
. Copy of each complaint and commendation
. Summary of follow-up action
. Summary of number of complaints and commendations by issue
Personnel Reports - Monthly
. Total Positions by Department and Classification - Required, Filled and Vacant
. Number of Employees in Training (by Department)
Other Reportim! Requirements
. The Contractor is responsible for preparing and submitting the monthly National Transit
Database (NTD) report and compiling and timely submitting information regarding the
service for the preparation of the annual NTD Report. The County is responsible for
preparing the fiscal component for the NTD Report as well as the timely submittal of the
annual Report. This report is critical to receipt of federal funding and the Contractor
must ensure information is provided timely in order to meet all deadlines established by
FT A for receipt of report and any follow-up responses are adhered to.
. The Contractor will be required to report all Accounting information including Revenue
and Expense information using the Uniform System of Accounts (USOA) as a reference
document. The Contractor must maintain the accounts and records necessary to meet the
requirements specified in the USOA. Additionally, all accounting information must be
reported to the County in a format that will allow the County to generate the electronic
invoices using the Electronic Clearing House Operation (ECHO) program.
. The Contractor will be required to maintain service information necessary for all FT A
reviews, including all FT A Triennial Review information. Service information pertaining
to the Triennial review must be maintained in a filing system sorted by the general areas
of review. This information must also be available in a comparable electronic format
sorted in the same manner.
27
168 1?
-'... ~. - -,~
. The Contractor shall provide all required service information to the County for the CTC
submittal of a certified Annual Operating Report (AOR) to the Commission for the
Transportation Disadvantaged by September 15th each year. The AOR must be submitted
to the Local Coordinating Board for review prior to submitting to the Commission for the
Transportation Disadvantaged.
ORGANIZA TION AND PERSONNEL PLAN
The Contractor will provide an organization and personnel plan identifying staffing levels for
each department. The plan needs to detail job descriptions, full time or part time designation,
shifts, days of assignment and projected annual hours. The organization and staffing levels
needed to enable the delivery of a public transportation service that meets the County goals. As
conditions change during the life of the Agreement, the Contractor is required to develop
revisions to this plan, consistent with the County's transit needs and demands, to ensure the
delivery of quality transit service with the prior approval and consent of the County.
Management
The Contractor shall provide management staffing at a level and capability sufficient to oversee
its functions and employees. The Contractor shall designate and provide the services of an
Operations General Manager who shall provide overall management and supervision of the fixed
route and para Transit systems under the terms of this Agreement. The appointment of the
Contractor's Operations General Manager is subject to and contingent upon the approval of the
County. The Contractor's Operations General Manager shall possess sufficient experience and
expertise to perform to the County's standards in the sole subjective judgment of the County.
The Operations General Manager shall report to work cooperatively with the County's A TM
Director in matters relating to service quality, providing operational and other data as described
in this Scope of Work, responding to comments from fixed route and paraTransit passengers and
the general public, and responding to specific requests for other assistance as the need arises. If
the County determines that the Operations General Manager is not acting in the best interest of
the County, then the A TM Director may contact the Corporate Office of the Contractor to
request a replacement within 60 days.
The Contractor shall assure the County that the Operations General Manager designated for this
project will not be replaced without the written consent of the County. Should the services of the
Operations General Manager become unavailable to the Contractor; the resume and
qualifications of the proposed replacement shall be submitted to the County for approval as soon
as possible, but in no event later than ten (10) working days prior to the departure of the
incumbent Operations General Manager, unless the Contractor is not provided with such notice
by the departing employee. The County shall respond to the Contractor within three (3) working
days following receipt of these qualifications concerning acceptance of the candidate for
replacement Operations General Manager.
Any new Operations General Manager must be adequately briefed of ongoing and upcoming
issues by the departing Operations General Manager. The office of the Operations General
Manager will be physically located at the CAT facility. At all times, the Operations General
Manager, or an Operations Supervisor designated to act on behalf of the Operations General
Manager, shall be available either by telephone or in person to make decisions regarding day-to-
28
16B 12
day CAT operations or provide coordination, as necessary. This person shall be authorized to act
on behalf of the Contractor regarding all matters pertaining to this Scope of Work.
Employee Screening and Selection
The Contractor shall use appropriate screening and selection criteria to employ all staff. A
detailed method for the selection of all employees must be developed by the Contractor and
approved by the County. The selection method must identify a process for evaluating minimum
requirements.
The following needs to be addressed in the screening and selection program:
. Proven ability in the area of customer service. This is vital to the delivery of quality
transit services
. Review of driving ability for all employees operating transit vehicles
. References of past employment
. D&A testing for safety-sensitive employees; this includes a signed waiver at time of
hiring for any drug/alcohol testing results to be given to the County
. Job related requirements for each position
. CDL License
. Review of Motor Vehicle Records
. Job description
. Pay Scale
Training
The Contractor shall develop, implement, and maintain a formal training and retraining program,
which shall be subject to review and approval by the County. All operators, dispatchers,
customer service personnel, supervisors and managers shall participate in the program. All
County-approved costs will be reimbursed to the Contractor by the County. Important:
components of the training program include Passenger Assistance, Sensitivity, and Customer
Relations Training. All employees having contact with the public must complete a Customer
Relations course. The purpose of the course is to help provide employees with skills in providing
quality customer service to passengers and the public.
As part of the training program, the Contractor shall prepare and distribute to all operators,
dispatchers, telephone operators, and supervisors a DRIVER'S MANUAL. Contents of the
DRIVER'S MANUAL shall include the following subject areas: driver's rules; accident/incident
policies; radio policies and procedures; farebox policies and procedures; fog and inclement
weather policy; vehicle inspection, care and maintenance policy and procedures, reporting
procedures and pertinent sample forms. The Contractor must certify in writing, by name, each
individual operator as having satisfactorily completed all requirements and training courses prior
to allowing that individual operator to operate a bus in revenue service.
To maintain each individual operator's certification, the Contractor must provide and document
annual refresher training of at last eight (8) hours for each operator covering passenger relations,
operating procedures, ADA regulations and equipment updating. This training must satisfy the
paraTransit service Passenger Assistance Training/Sensitivity as required by Chapter 14-90,
F AC, Equipment and Operational Safety Standards Governing Public-Sector Bus Transit
Systems. Additionally, the Contractor's trainer shall conduct and document an on-board
evaluation with each operator.
29
168 12
The Contractor is responsible for training all operators on the requirements for public transit as
defined in the Americans with Disability Act of 1990 (ADA) requirements. The Contractor
addressing fixed route ADA requirements shall develop a comprehensive, on-going training
program. The County will strictly enforce compliance with the ADA law.
Supervision
The Contractor's supervision program must ensure that a high quality level of service is being
delivered to fixed route and paraTransit passengers. The Contractor should evaluate supervisor-
staffing levels in all departments carefully to meet the above training goals. Supervisors must
have and maintain an appropriate Commercial Driver's License or other appropriate license.
The Contractor must document and report to the County all instances where supervisors and
dispatchers are used as operators. The Contractor must develop a plan for ensuring adequate
supervision in these instances. The plan must be reviewed and approved by the County.
Uniforms
Contractor personnel who perform front line customer duties shall wear an official CAT uniform.
The Contractor may not alter or replace uniform parts without the express approval of the
County. Supervisors must be in uniform when on duty. The plan should include the proposed
uniform pieces and supplier; however, the County determines the system logo, name, and colors.
Operators and street supervisors must be clean and presentable at all times. The uniform may not
be worn when performing duties or engaged in activities not related to the fixed route or
paraTransit systems. The County will reimburse the Contractor for all approved uniform costs.
Equal Employment Opportunity (EEO)/Affirmative Action
The Contractor must develop and implement an EEO and Affirmative Action program that meets
or exceeds all federal, State, and County policies. The Contractor shall prepare an EEO program
that complies with FT A Circular 4704.1 "Equal Employment Opportunity Program Guidelines
for Grant Recipients" and submit to the County by January 1 st of each year. The Contractor will
update the program and submit it annually to the County.
PERFORMANCE STANDARDS
The Contractor will perform all transit services required by the Agreement in accordance with
the County's Standard Operating Procedures. These standards are the minimum acceptable
requirements for services performed under this contract. The Contractor's plans and procedures,
submitted with this Agreement, shall incorporate actions necessary to provide service according
to these minimum standards.
The County has developed these standards with which the Contractor is expected to comply to
insure that the County's transit services, employee performance and vehicles meet County
standards. Failure by the Contractor to meet these standards could result in the County assessing
an appropriate liquidated damage amount for each incident of non-compliance, as stated herein.
30
16B 12
The County has established specific performance standards related to the following:
. Vehicle maintenance (regarding reporting patent needs to maintain, service, and/or
repair)
. Operating requirements
. Vehicle cleanliness
. ADA compliance
. Safety requirements
. Reporting requirements
Fixed Route Bus Operations
The following performance requirements apply:
. Maintaining on-time performance within zero (0) minutes early and five (5) minutes late
of scheduled times;
. Completing scheduled trips in their entirety; and
. Operating routes in accordance with the established routes (operating according to the
correct route, serving all designated stops).
ParaTransit Operations
The following performance requirements apply:
. All scheduled pick-ups must be accomplished; and
. All pick-ups must occur within the pick up window as established in the current
Transportation Disadvantaged Service Plan, unless special circumstances exist and are
approved by the A TM Director. Special circumstances may include carpooling of
passengers or distance between the origin and destination identified on the manifest.
Vehicle Cleanliness
The Contractor shall maintain fixed route vehicles in a clean and neat condition at all times. The
Contractor is responsible for the following:
. Daily cleaning of the interior of the vehicles;
. Daily inspection of the exterior of the vehicles and cleaning at least every other day or as
needed;
. Major detailed interior and exterior cleaning weekly; and
. Quarterly upholstery cleaning.
31
ADA Compliance 16B 12
The Contractor shall meet all ADA requirements. The Contractor is responsible for the
following:
. The proper use and maintenance of mobility devices (wheelchair lift) to board
passengers;
. Properly boarding persons in wheelchairs as well as passengers who are required to stand
on the wheelchair lift platform to be lifted into the bus;
. Properly securing wheelchair passengers in the wheelchair tie-down positions; and
. Making the required announcements of stops on the bus P A system or verbally.
Safety Requirements
The Contractor is responsible for complying with all of the following:
. Reporting all passenger or vehicle accidents to the County promptly within two (2) hours
of occurrence and following up with required detailed written accident report within 24
hours; and
. Adhering to all provisions of the System Safety Program Plan.
Reporting
The Contractor is responsible for complying with all of the following:
. Submitting required monthly reports and documentation as outlined in the RFP by the
15th day of the month;
. Providing initial response to customer within the (3) working days from date of
complaint receipt;
. Completing investigation and follow-up response on customer complaints within seven
(7) working days of complaint receipt; and
. Reporting all incidents and accidents to the County in accordance to the definitions,
limits and timelines of the US DOT, FT A, the FDOT, and CTD.
LIQUIDA TED DAMAGES
For performance not delivered in accordance with this contract, the County may incur additional
expense, loss of confidence by system users, and negative or adverse bad publicity for the
program and other damages to the County and the program. System performance outside of
performance norms causes passengers to file complaints and make multiple calls to ensure that
trips are properly booked and delivered. The actual damages caused by such a breach are
uncertain or difficult to accurately estimate or prove. For this reason, Liquidated Damages may
be assessed against the Contractor for the below specified violations:
32
16B 12
Performance Measures and Liquidated Damages
Performance Measure Liquidated Damage Amount
Contractor report any vehicle damage to the $500 for any occurrence of damage that is
County within 24 hrs. not timely reported to County
Contractor shall verbally report any vehicle $1,000 for any injury that is not reported to
accident or passenger/ employee injuries within 2 County.
hrs of occurrence.
Contractor shall develop marketing materials to None
enhance fixed route ridership and identify an
approved methodology for tracking ridership
Contractor shall remove all farebox receipts from $250 for any occurrence of farebox
revenue vehicles daily, count receipts, and make receipts not being deposited per this
deposits daily. Agreement.
County requires full staffing by Contractor. $100 for any shift that is filled by
personnel other than driving staff (e.g.
dispatcher, trainer, project mgr.), with the
exception of when licensed supervisors,
dispatchers, and admin. staff are driving to
maintain skillleve1s or where they are
assigned as back-ups during emergencies
or other special circumstances, subject to
County approval.
Contractor shall faithfully adhere to all standard $1,000.00 per incident discovered where
MRV, background screening reviews, and driver Contractor failed to adhere to all review
licensing and registration requirements requirements.
County requires full-time onsite management of Monthly Manager's salary for each month
transit operation. position is vacant more than 60 days.
County vehicles are to be used for revenue service $500 for any occurrence of Contractor
only. using County vehicles for other than
approved purpose.
County places great value on reliable fixed route $500 per quarter in which 90% or fewer of
servIce. scheduled departures at the stop level are
on-time (0-5 minutes late).
The Contractor shall encourage its drivers and $100.00 per incident after a driver's
subcontractors to exercise means to prevent second such avoidable instance of like
instances of avoidable repeat damage/harm to damage.
county owned vehicles. For example, repeat
instances of damage to vehicle mirrors by striking
structures when turning onto the same street or
stop.
The Contractor and County agree that the above-referenced liquidated damages represent the
appropriate level of damages in the event of a breach of the performance measures set forth in
the Agreement. Prior to assessment of liquidated damages, the County will inform the
Contractor of the assessment and receive any explanation from the Contractor. The Contractor
shall be required to provide a written and/or verbal explanation to the County. Upon receiving
33
the explanation, the County shall determine whether or not to assess liquidated l.l?gE. 12
Liquidated damages shall be deducted from subsequent payment(s) due to the Contractor.
Liquidated damages are neither a penalty nor forfeiture; they shall compensate the County solely
for the disruption of service caused by the breech of system standards.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL TRANSIT AND GRANT
REGULA TIONS AND COMPLIANCE REQUIREMENTS
The Contractor agrees to comply with, complete and return to County, and/or include as
appropriate in contracts and subcontracts, the provisions contained in Attachment 5 -, Federal
Transit Administration, Grant Compliance Requirements for DFDA 20.507, Attachment 6-,
Subcontractor Payment Report, Attachment 7- Anticipated DBE Participation Statement,
Attachment 8- Declaration of Debarment, Attachment 9- Certification Regarding Lobbying,
and any other documentation necessary to comply with Federal, State or local reporting
requirements. The Contractor acknowledges that the applicable regulations listed in the
foregoing attachments attached hereto and made a part hereof, shall apply to this Agreement and
that a failure to adhere to those requirements constitute a substantial breach under this
Agreement.
TURNOVER PROCEDURE
Upon termination of this Agreement, the Contractor shall return all County-owned vehicles,
equipment, and software to the County ready for use, with no defects, maintenance required,
operation issues, or other damage, other than normal wear and tear.
34
ATTACHMENT 3 168 12
FIXED ROUTE
FY 2008/09 FY 2009/10
FIXED ROUTE MANAGEMENT $98,392.00 $100,360.00
FEE
FIXED ROUTE PROFIT $85,000.00 $90,000.00
FIXED ROUTE HOURLY RATE CATEGORIES
Wages/Bonuses/Awards Included Included
Included Included
Fringes
CDL Reimbursement Included Included
Services Included Included
Physicals & Drug Screens Included Included
Postage Included Included
Office Printing Included Included
Materials & Supplies Included Included
Basic Office Supplies, Including Cameras & Supplies Included Included
Supplies for Office equipment including Printers, Copiers and Included Included
Fax Machines
Supplies for Fare Counting Equipment Included Included
Training Services, Equipment & Material Included Included
Safety Equipment & Supplies Included Included
Cleaning Supplies for Vehicles and Bus Shelters Included Included
Trash pick up, pressure washing and general upkeep of shelters
Cameras / Film and processing Included Included
Insurance Included Included
Other Included Included
Memberships (FPTA / National Safety Council) Included Included
Tolls (Sun Pass Tolls for Route 7) Included Included
Travel and accommodations for Training Included Included
Team Member Bonuses / Awards Included Included
Water bottles for Drug Testing / CAT Team Members only Included Included
Items not listed will require prior approval from the County prior Included Included
to purchase
Total $3,153,391.56 $3,233,661.75
PROJECTED HOURS 67,122 66,825
FIXED ROUTE HOURLY RATE $46.98 $48.39
EXPENSES REIMBURSED BY COUNTY UP TO $50,000.00 ANNUALLY
Telephone Service (Landlines and cell phones) Included Included
Uniforms Included Included
Total $50,000.00 $50,000.00
35
EXPENSES COVERED BY THE COUNTY 168 12
Bus Stop Signs, Shelters, Poles & Hardware
Pest Control at Bus Stops and on Vehicles
Computer Equipment
Computer Software
Design Work for Bus Schedules
Printing of Bus Schedules, Passes, Tokens, Take Ones, Etc.
Fareboxes, Transfer Equipment & Passenger Counters including maintenance
Radios and Radio Equipment
Signs for Interior of Vehicles
Office Equipment, Including Fare Counting Equipment
Equipment for Transfer Location (including portable toilets)
Waste Management
Telephone equipment (Office phones and Management cell phones)
Utilities
Legal Ads for Transit Program
Maintenance for Vehicles, Buildings and Bus Shelters (Labor & Materials)
Fuel
Fire Extinguishers, First Aid Kits, Including Bloodborne Pathogens Kits
36
168 12
A TT ACHMENT 3
ParaTransit Cost
PARATRANSIT COSTS FY 2008/09 FY 2009/10
PARATRANSIT ADMINISTRATIVE FEE $397,638.00 $397,638.00
Paratransit Administrative Wages Included Included
Paratransit Administrative Fringes Included Included
CDL Reimbursement Included Included
Insurance Included Included
Team Member Bonuses / Awards Included Included
EXPENSES REIMBURSED BY COUNTY (INCLUDING PROFIT) FY 2008/09 FY 2009/10
Wages for Cleaning Vehicles Included Included
Fringes for Cleaning Vehicles Included Included
Services Included Included
Physicals & Drug Screens Included Included
Postage Included Included
Office Printing Included Included
Materials & Supplies Included Included
Basic Office Supplies, Including Cameras & Supplies Included Included
Supplies for Printers, Copiers and Fax Machines Included Included
Basic Training Material & Safety Equipment Included Included
Training Equipment and Service Included Included
Cleaning Supplies for Vehicles Included Included
Cameras / Film and processing Included Included
Other Included Included
Memberships (FPT A / National Safety Council) Included Included
Tolls Included Included
Water bottles for Drug Testing / CAT Team Members only Included Included
Supplies for Fare Counting Equipment and Office Equipment Included Included
Telephone Service (cell phone) Included Included
Travel and accommodations for Training Included Included
Uniforms Included Included
Items not listed will require prior approval from the County prior to Included Included
purchase
Total $150,000.00 $150,000.00
EXPENSES COVERED BY THE COUNTY
Paratransit Signs
Pest Control on Vehicles
Computer Equipment
Computer Software & Support
Fareboxes, Transfer Equipment & Passenger Counters
Radios and Radio Supplies
Office Equipment, Including Fare Counting Equipment
Fire Extinguishers, First Aid Kits, Including Bloodborne Pathogens Kits
Waste Management
Utilities
Legal Ads for Transit Program
Printing Brochures
Maintenance for Vehicles (Labor & Materials) Only County Owned Vehicles
Fuel Only County Owned Vehicles
37
VENDOR RATES BOARDING RATE PER 168 12
RATE MILE
In County
Ambulatory Individual $16.17
Ambulatory Group $13.25
Wheelchair Individual $26.50
Stretcher $27.56 $1.59
Out of County
Ambulatory Individual $10.60 $1.59
Ambulatory Group $10.60 $1.59
Wheelchair Individual $10.60 $1.59
Stretcher $27.56 $1.59
Escort $5.00
38
16 R 1 ')
'J, 1_' " t
ATTACHMENT 4
RISK MANAGEMENT
Contractor procures and is reimbursed for:
Commercial General Liability $ 5,000,000
Business Auto Liability $ 5,000,000
Umbrella Liability $10,000,000 in excess of $5,000,000
Workers Compensation Statutory Limits
All Risk Fire and Extended Coverage Current Value
V ehicle/ Automobile Physical Damage $ 10,000,000
Fidelity Bonds $ 50,000
Employment Practice Liability $ 1,000,000 each occurrence
Contractor inspects each subcontractor vehicle and documents conditions, insurance
coverage, and latest inspection
Subcontractor procures and is compensated through the trip rate for:
Automobile Liability $ 1,000,000
County procures and charges to the transit fund:
Garage Keepers Liability Coverage $ 1,000,000
39
Attachment 5 16B12
FEDERAL TRANSIT ADMINISTRATION
GRANTCOMPLlANCE REQUIREMENTS FOR CFDA 20.507
TABLE OF CONTENTS
Check Box
If Applicable A.1 - Federallv Required and Other Model Contract Clauses
D 1. Fly America Requirements
D 2. Buy America Requirements - Sian Certification
D 3. Charter Bus and School Bus Requirements
D 4. Cargo Preference Requirements
D 5. Seismic Safety Requirements
D 6. Energy Conservation Requirements
D 7. Clean Water Requirements
D 8. Bus Testing - Sign Certification
D 9. Pre-Award and Post Delivery Audit Requirements - Sign Certification
D 10. Lobbying - Sian Certification
D 11. Access to Records and Reports
D 12. Federal Changes
D 13. Bonding Requirements
D 14. Clean Air
D 15. Recycled Products
D 16. Davis-Bacon and Copeland Anti-Kickback Acts
D 17. Contract Work Hours and Safety Standards Act
18. [Reserved]
D 19. No Government Obligation to Third Parties
D 20. Program Fraud and False or Fraudulent Statements and Related Acts
D 21. Termination
D 22. Government-wide Debarment and Suspension Sian Certification
D 23. Privacy Act
D 24. Civil Rights Requirements
D 25. Breaches and Dispute Resolution
D 26. Patent and Rights in Data
D 27. Transit Employee Protective Agreements
D 28. Disadvantaged Business Enterprises (DBE)
29. [Reserved]
D 30. Incorporation of Federal Transit Administration (FTA) Terms
D 31. Drug and Alcohol Testing
D 32. ADA Access
40
16812
The services performed by the awarded Contractor shall be in compliance with all
applicable FT A regulationslrequirements, 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.
1. FLY AMERICA REQUIREMENTS
49 U.S.C. ~ 40118
41 CFR Part 301-10
Applicability to Contracts
The Fly America requirements apply to the transportation of persons or property, by
air, between a place in the U.S. and a place outside the U.S., or between places
outside the U.S., when the FTA will participate in the costs of such air transportation.
Transportation on a foreign air carrier is permissible when provided by a foreign air
carrier under a code share agreement when the ticket identifies the U.S. air carrier's
designator code and flight number. Transportation by a foreign air carrier is also
permissible if there is a bilateral or multilateral air transportation agreement to which the
U.S. Government and a foreign government are parties and which the Federal DOT has
determined meets the requirements of the Fly America Act.
Flow Down Requirements
The Fly America requirements flow down from FT A recipients and subrecipients to first
tier contractors, who are responsible for ensuring that lower tier contractors and
subcontractors are in compliance.
Flv America Reauirements
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
49 U.S.C. 5323(j)
49 CFR Part 661
Applicabilitv to Contracts: The Buy America requirements apply to the following
types of contracts: Construction Contracts and Acquisition of Goods or Rolling
Stock (valued at more than $100,000).
41
Flow Down: The Buy America requirements IIow down from FTA reciP!n~ ~d12
subrecipients to first tier contractors, who are responsible for ensuring that lower tier
contractors and subcontractors are in compliance. The $100,000 threshold applies only
to the grantee contract, subcontracts under that amount are subject to Buy
America.
Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R.
Part 661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FT A-funded projects are produced in the United States,
unless a waiver has been granted by FT A 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. 53230) (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 FT A 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.
D Certification requirement for procurement of steel, iron, or manufactured
products.
Certificate of Compliance with 49 U.S.C. 5323(j) (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(j) (1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 53230) (1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to
49 U.S.C. 53230) (2) (A), 53230) (2) (B), or 53230) (2) (D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
42
o Certification requirement for procurement of buses, other rolling slc9 a~d 12
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. 53230) (2) (C) and the
regulations at 49 C.F.R. Part 661.11
Date Au ust 31,2009
Signature
Company Name McDonal Transit Associates, Inc.
Title Robert T. Babbitt, President
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror
hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C)
and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.
53230)(2)(A), 53230)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
Title
3. CHARTER BUS REQUIREMENTS
49 U.S.C. 5323(d)
49 CFRPart 604
Applicabilitv to Contracts: The Charter Bus requirements apply to the following type
of contract: Operational Service Contracts.
Flow Down Reauirements: The Charter Bus requirements flow down from FTA
recipients and subrecipients to first tier service contractors.
Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d)
and 49 CFR Part 604, which provides that recipients and subrecipients of FT A
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," Le., it must not
interfere with or detract from the provision of mass transportation.
43
168 12
3. SCHOOL BUS REQUIREMENTS
49 U.S.C. 5323(F)
49 CFR Part 605
Applicabilitv to Contracts: The School Bus requirements apply to the following type
of contract: Operational Service Contracts.
Flow Down ReQuirements: The School Bus requirements flow down from FT A
recipients and subrecipients to first tier service contractors.
School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605,
recipients and subrecipients of FT A 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
46 U.S.C. 1241
46 CFR Part 381
Applicabilitv to Contracts: The Cargo Preference requirements apply to all contracts
involving equipment, materials, or commodities which may be transported by
ocean vessels.
Flow Down: The Cargo Preference requirements apply to all subcontracts when the
subcontract may be involved with the transport of equipment, material, or commodities
by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to
use privately owned United States-Flag commercial vessels to ship at least 50 percent
of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant
to the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within
30 working days following the date of leading for shipments originating outside the
United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in
English for each shipment of cargo described in the precedinQ paraQraph to the Division
of National Cargo, Office of Market Development, Maritime Administration, Washington,
DC 20590 and to the FT A recipient (throuQh the contractor in the case of a
subcontractor's bill-of-ladinQ.) 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 bv ocean vessel.
44
5. SEISMIC SAFETY REQUIREMENTS 16P 12
42 U.S.C. 7701 et seq. 49
CFR Part 41
Applicability to Contracts: The Seismic Safety requirements apply only to contracts
for the construction of new buildings or additions to existing buildings.
Flow Down: The Seismic Safety requirements flow down from FTA recipients and
subrecipients to first tier contractors to assure compliance, with the applicable building
standards for Seismic Safety, including the work performed by all subcontractors.
Seismic Safety - 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
42 U.S.C. 6321 et seq.
49 CFR Part 18
Applicability to Contracts: The Energy Conservation requirements are applicable
to all contracts.
Flow Down: The Energy Conservation requirements extend to all third party
contractors and their contracts at every tier and subrecipients and their subagreements
at every tier.
Energy Conservation - 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
33 U.S.C. 1251
Applicability to Contracts: The Clean Water requirements apply to each contract
and subcontract which exceeds $100,000.
Flow Down: The Clean Water requirements flow down to FTA recipients and
subrecipients at every tier.
Clean Water - (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 FT A and the appropriate EPA Regional Office.
45
(2) The Contractor also agrees to include these requirements in each suJoQr~t 12
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
8. BUS TESTING
49 U.S.C. 5323(c)
49 CFR Part 665
Applicabilitv to Contracts: The Bus Testing requirements pertain only to the
acquisition of Rolling Stock/Turnkey.
Flow Down: The Bus Testing requirements should not flow down, except to the turnkey
contractor as stated in Master Agreement.
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.
D CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS
The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this
procurement complies with 49 U.S.C. A 5323(c) and FTA's implementing regulation at
49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle
acquired with Federal financial assistance may subject the undersigned to civil penalties
as outlined in the Department of Transportation's regulation on Program Fraud Civil
Remedies, 49 CFR Part 31. In addition, the undersigned understands that FT A may
suspend or debar a manufacturer under the procedures in 49 CFR Part 29.
Date
Signature
Company Name
Title
46
9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMEN~ 6 B 12
49 U.S.C. 5323
49 CFR Part 663
Applicability to Contracts: These requirements apply only to the acquisition of
Rolling Stock/Turnkey.
Flow Down: These requirements should not flow down, except to the turnkey
contractor as stated in Master Agreement.
Model Clause/Lanauaae: Clause and language therein are merely suggested. 49
C.F.R. Part 663 does not contain specific language to be included in third party
contracts but does contain requirements applicable to subrecipients and third party
contractors.
. Buy America certification is mandated under FTA regulation, "Pre-Award and
Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13.
. "Buy America Requirements--Surface Transportation Assistance Act of 1982, as
amended,"
. 49 C.F.R. 661.12, but has been modified to include FTA's Buy America
requirements codified at 49 U.S.C. A 53230).
Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply
with 49 U.S.C. S 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.
D BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS
FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exceeding the small purchase threshold for
Federal assistance programs, currently set at $100,000.)
47
Certificate of Compliance 16B12
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section
53230) (2) (C), Section 165(b) (3) of the Surface Transportation Assistance Act of 1982,
as amended, and the regulations of 49 C.F.R. 661.11:
Date
Signature
Company Name
Title
Certificate of Non-Compliance
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C.
Section 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance
Act of 1982, as amended, but may qualify for an exception to the requirements
consistent with 49 U.S.C. Sections 53230)(2)(B) or 0)(2)(0), Sections 165(b)(2) or (b)(4)
of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R.
661.7.
Date
Signature
Company Name
Title
10. LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts: The Lobbying requirements apply to
Construction/Architectural and Engineering/Acquisition of Rolling Stock/
Professional Service Contract/Operational Service Contract/Turnkey contracts.
Flow Down: The Lobbying requirements mandate the maximum flow down, pursuant
to Byrd Anti-Lobbying Amendment, 31 U.S.C. S 1352(b)(5) and 49 C.F.R. Part 19,
Appendix A, Section 7.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. ~ 1601, et seq.] -
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
48
16892>
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier u~ ,--
to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
o Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned Robert 1. Babbitt. President McDonald Transit Associates, Inc.
(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. 9 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. 9 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.]
49
The Contractor, Robert T, Babbitt, President McDonald Transit Associate~. 9nc~ 12
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 Contractor's Authorized
Official Robert 1. Babbitt. President Name and Title of Contractor's Authorized Official
Auqust 31.2009 Date
11. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Applicability to Contracts: Reference Chart "Requirements for Access to Records
and Reports by Type of Contracts"
Flow Down: FT A does not require the inclusion of these requirements in
subcontracts.
Access to Records - 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 FT A 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 FT A 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 pu rposes 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 FT A 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
50
to provide lhe Purchaser, FT A Administralor, the Comptroller General of Ih}u~tD 12
States or any of their duly authorized representatives with access to any books,
documents, papers and record of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FT A Recipient or a subgrantee of the FT A
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).
Requirements for Access to Records and Reports b
Contract
Characteri
stics
I State
Grantees None Those None None None None
imposed
a. on state
Contracts None pass thru Yes, if non- None None None
below SAT unless 1 to competitive unless unless unless
($100,000) non- Contractor award or if non- non- non-
competitive funded competi- competi- competi-
award thru2 tive award tive award tive award
b. 5307/5309/
Contracts 5311
above
$100,000/C
apital
Pro' ects
II Non State
Grantees Those
Yes3 imposed Yes Yes Yes Yes
a. on non-
Contracts Yes3 state Yes Yes Yes Yes
below SAT Grantee
($100,000) pass thru
b. to
51
Contractor 12
Contracts
above
$100,000/C
apital
Projects
Sources of Authority: 49 USC 5325 (a) 49 CFR 633.17 18 CFR 18.36 (i)
12. FEDERAL CHANGES
49 CFR Part 18
Applicabilitv to Contracts: The Federal Changes requirement applies to all
contracts.
Flow Down: The Federal Changes requirement flows down appropriately to each
applicable changed requirement.
Federal Changes - Contractor shall at all times comply with all applicable FT A
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FT A, 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
A Bid will not be considered or accepted unless at the time of Bid filing the same shall
be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
52
Flow Down: Bonding requirements flow down to the first tier contractors. 16B12
Bid Bond Requirements (Construction)
(a) 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.
(b) 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 therefor.
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 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,
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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).
54
14. CLEAN AIR 1-6ll12
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Applicabilitv to Contracts: The Clean Air requirements apply to all contracts
exceeding $100,000, including indefinite quantities where the amount is expected to
exceed $100,000 in any year.
Flow Down: The Clean Air requirements flow down to all subcontracts which exceed
$100,000.
Clean Air - (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. 99 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.
15. RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
Applicabilitv to Contracts: The Recycled Products requirements apply to all
contracts for items designated by the EPA, when the purchaser or contractor
procures $10,000 or more of one of these items during the fiscal year, or has
procured $10,000 or more of such items in the previous fiscal year, using Federal
funds. New requirements for "recovered materials" will become effective May 1, 1996.
These new regulations apply to all procurement actions involving items designated by
the EPA, where the procuring agency 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.
Flow Down: These requirements flow down to all to all contractor and subcontractor
tiers.
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.
55
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16. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Backaround and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that "at
least partly are financed by a loan or grant from the Federal Government." 40
USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i) (5). The Acts apply to any construction
contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of
the Acts, includes "actual construction, alteration and/or repair, including painting and
decorating. " 29 CFR 5.5(a). The requirements of both Acts are incorporated into a
single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below.
Clause Lanauaae
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:
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16B 12
(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, 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 3D-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 3D-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.
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16B 12
(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.
(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
58
16812
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;
59
1/' n <~ ;)
_l t) D 1 ~_
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work
at less than the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate
specified in the 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
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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 that is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) 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
su bcontracts. 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.
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(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
Backaround and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts "financed at least in part by loans
or grants from ... the [Federal] Government." 40 USC 3701(b) (1) (B) (iii) and (b) (2),29
CFR 5.2(h), 49 CFR 18.36(i) (6). Although the original Act required its application in
any construction contract over $2,000 or non-construction contract to which the Act
applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the
Act no longer applies to any "contract in an amount that is not greater than
$100,000." 40 USC 3701(b) (3) (A) (iii).
The Act applies to construction contracts and, in very limited circumstances,
non-construction projects that employ "laborers or mechanics on a public work."
These non-construction applications do not generally apply to transit procurements
because transit procurements (to include rail cars and buses) are deemed "commercial
items," 40 USC 3707, 41 use 403 (12). A grantee that contemplates entering into a
contract to procure a developmental or unique item should consult counsel to determine
if the Act applies to that procurement and that additional language required by 29 CFR
5.5(c) must be added to the basic clause below. The clause language is drawn directly
from 29 CFR 5.5(b) and any deviation from the model clause below should be
coordinated with counsel to ensure the Act's requirements are satisfied.
62
Clause Lanauaae 16812
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - Collier County shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor, such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
18. r RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicabilitv to Contracts: Applicable to all contracts.
Flow Down: Not required by statute or regulation for either primary contractors or
subcontractors, this concept should flow down to all levels to clarify, to all parties to the
contract, that the Federal Government does not have contractual liability to third parties,
absent specific written consent.
63
No Obligation by the Federal Government. 16B12
(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 FT A. 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
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts: These requirements are applicable to all contracts.
Flow Down: These requirements flow down to contractors and subcontractors who
make, present, or submit covered claims and statements.
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. 9 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 FT A
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 Actor 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.
9 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 9 1001
and 49 U.S.C. 9 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
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(3) The Contractor agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FT A. 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
49 U.S.C. Part 18
FT A Circular 4220.1 E
Applicabilitv to Contracts: All contracts (with the exception of contracts with
nonprofit organizations and institutions of higher education,) in excess of $10,000
shall contain suitable provisions for termination by the grantee including the manner by
which it will be effected and the basis for settlement. (For contracts with nonprofit
organizations and institutions of higher education the threshold is $100,000.) In
addition, such contracts shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be terminated
because of circumstances beyond the control of the contractor.
Flow Down: The termination requirements flow down to all contracts in excess of
$10,000, with the exception of contracts with nonprofit organizations and institutions of
higher learning.
a. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is
in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
65
c, Opportunity to Cure (General Provision) The (Recipient) in its sole discretiol.Qy~ 12
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.
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.
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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.
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If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to the
Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the
fee, if the contract provides for a fee, to be paid the contractor in proportion to the value,
if any, of work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the (Recipient) and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
22. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
(NON PROCUREMENT)
Backaround and Applicabilitv
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and Suspension,
Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any
level expected to equal or exceed $25,000 as well as any contract or subcontract
(at any level) for Federally required auditing services. 49 CFR 29.220(b). This
represents a change from prior practice in that the dollar threshold for application of
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these rules has been lowered from $100,000 to $25,000. These are contracts and
subcontracts referred to in the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do
this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or {c)
Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities
they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent
covered transactions (i.e., the requirement flows down to subcontracts at all levels).
Suspension and Debarment
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.
By signing and submitting its bid or proposal, the bidder or proposer certifies as
follows:
The certification in this clause is a material representation of fact relied upon by
. If it is later determined that the
bidder or proposer knowingly rendered an erroneous certification, in addition to
remedies available to , the Federal Government may
pursue available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
23. PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts: When a grantee maintains files on drug and alcohol
enforcement activities for FT A, and those files are organized so that information could
be retrieved by personal identifier, the Privacy Act requirements apply to all contracts.
Flow Down: The Federal Privacy Act requirements flow down to each third party
contractor and their contracts at every tier.
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:
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168 c1 ~')
,t/-'
(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. S 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 FT A.
24. CIVIL RIGHTS REQUIREMENTS
29 U.5.C. ~ 623, 42 U.5.C. ~ 2000
42 U.5.C. ~ 6102, 42 U.5.C. ~ 12112
42 U.5.C. ~ 12132, 49 U.5.C. ~ 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicabilitv to Contracts: The Civil Rights Requirements apply to all contracts.
Flow Down: The Civil Rights requirements flow down to all third party contractors and
their contracts at every tier.
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. S 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. S 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. S
12132, and Federal transit law at 49 U.S.C. S 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 Emplovment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race. Color. Creed. National OriQin. Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. S 2000e, and Federal transit laws at 49 U.S.C. S
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. S 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
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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 payor other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FT A may issue.
(b) Aqe - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. S S 623 and Federal transit law at 49 U.S.C. S 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 FT A may issue.
(c) Disabilities - I n accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. S 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 FT A, modified only if
necessary to identify the affected parties.
25. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FT A Circular 4220.1 E
Applicability to Contracts: All contracts in excess of $100,000 shall contain
provisions or conditions which will allow for administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as may be appropriate. This may include provisions
for bonding, penalties for late or inadequate performance, retained earnings, liquidated
damages or other appropriate measures.
Flow Down: The Breaches and Dispute Resolutions requirements flow down to all
tiers.
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.
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Performance During Dispute - Unless otherwise directed by (ReciPient),l6trRtJ 2
shall continue performance under this Contract while matters in dispute are being
resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his
employees, agents or others for whose acts he is legally liable, a claim for damages
therefor shall be made in writing to such other party within a reasonable time after the
first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the (Recipient) and the Contractor arising out of
or relating to this agreement or its breach will be decided by arbitration if the parties
mutually agree, or in a court of competent jurisdiction within the State in which the
(Recipient) is located.
Rights and Remedies - The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to and
not a limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by the (Recipient), (Architect) or Contractor
shall constitute a waiver of any right or duty afforded any of them under the Contract,
nor shall any such action or failure to act constitute an approval of or acquiescence in
any breach thereunder, except as may be specifically agreed in writing.
26. PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Applicabilitv to Contracts: Patent and rights in data requirements for federally
assisted projects ONL Y apply to research projects in which FTA finances the purpose
of the grant is to finance the development of a product or information. These patent and
data rights requirements do not apply to capital projects or operating projects, even
though a small portion of the sales price may cover the cost of product development or
writing the user's manual.
Flow Down: The Patent and Rights in Data requirements apply to all contractors and
their contracts at every tier.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
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
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f "d' d 'tdrt Tf td}6B)2
so tware, engineering rawlngs an assocla e IS s, specl Ica Ions, s an ar s, proces
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. S 18.34 and 49 C.F.R. S 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)~ 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 FT A.
(c) When FTA awards Federal assistance for experimental, developmental, or research
work, it is FT A'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 FT A 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 FT A to make available to
the public, either FT A'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 FT A
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
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right of privacy, arising out of the publication, translation, reproduction, delivery, use, or
disposition of any data furnished under that contract. Neither the Purchaser nor the
Contractor shall be required to indemnify the Federal Government for any such liability
arising out of the wrongful act of any employee, official, or agents of the Federal
Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or
other right otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using
Federal assistance provided by the Federal Government that has been incorporated
into work required by the underlying contract to which this Attachment has been added
is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided
that the Purchaser or Contractor identifies that data in writing at the time of delivery of
the contract work.
(g) Unless FT A 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 FT A.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (Le., 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 FT A, 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 FT A.
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 FT A, those rights in that invention due the
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16B12
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 FT A.
27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
49 U.S.C. ~ 5310, ~ 5311, and ~ 5333
29 CFR Part 215
Applicabilitv to Contracts: The Transit Employee Protective Provisions apply to
each contract for transit operations performed by employees of a Contractor
recognized by FT A to be a transit operator. (Because transit operations involve
many activities apart from directly driving or operating transit vehicles, FT A determines
which activities constitute transit "operations" for purposes of this clause.)
Flow Down: These provisions are applicable to all contracts and subcontracts at every
tier.
Transit Employee Protective Provisions. (1) The Contractor agrees to the comply
with applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out the
transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in
the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's
project from which Federal assistance is provided to support work on the underlying
contract. The Contractor agrees to carry out that work in compliance with the conditions
stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not
apply to any contract financed with Federal assistance provided by FT A either for
projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. 9
5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. 9 5311.
Alternate provisions for those projects are set forth in subsections (b) and (c) of this
clause.
(b) Transit Employee Protective Requirements for Proiects Authorized by 49 U.S.C. &
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. 9 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. 9 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. 9 5333(b), u.s.
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16f1
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms an~ 12
conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which
is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor
agrees to perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Emplovee Protective Requirements for Proiects Authorized by 49 U.S.C. 9
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. 9 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 FT A.
28. DISADV ANT AGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Backaround 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 12.06%.
b. A separate contract goal has not been established for this procurement.
c. The contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of
this DOT -assisted contract. Failure by the contractor to carry out these
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.L'Otfl~
requirements is a material breach of this contract, which may result ir the
termination of this contract or such other remedy as Collier County dE~ems
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 relatHd 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 retu rn 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. r RESERVED 1
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FT A Circular 4220.1 E
Applicability to Contracts: The incorporation of FT A terms applies to all contract's.
Flow Down: The incorporation of FT A terms has unlimited flow down.
Incorporation of Federal Transit Administration (FT A) Terms - The prec€iding
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 FT A Circular 4220.1 E, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FT A
mandated terms shall be deemed to control in the event of a conflict with other
77
1 , n -- """
16B12
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
49 U.S.C. ~5331
49 CFR Parts 653 and 654
Applicability to Contracts: The Drug and Alcohol testing provisions apply to
Operational Service Contracts.
Flow Down Reauirements: Anyone who performs a safety-sensitive function for the
recipient or subrecipient is required to comply with 49 CFR 653 and 654, with certain
exceptions for contracts involving maintenance services. Maintenance contractors for
non-urbanized area formula program grantees are not subject to the rules. Also, the
rules do not apply to maintenance subcontractors.
Introduction
FT A's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the
regulations issued by FT A. 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 Parts 653 and 654. 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 653 and 654, but retains the ability to monitor the
contractor's testing program; thus, the recipient has less control over its compliance with
the drug and alcohol testing rules than it does under option 1. The advantage of this
approach is that it places the responsibility for complying with the rules on the entity that
is actually performing the safety-sensitive function. Moreover, it reserves to the
recipient the power to ensure that the contractor complies with the program. The
disadvantage of Option 2 is that without adequate monitoring of the contractor's
program, the recipient may find itself out of compliance with the rules.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program
that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, 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 653 and 654 and
review the testing process. The contractor agrees further to certify annually its
78
compliance with Parts 653 and 654 before (insert dale) and to submit the Manag!~t 8 12
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
49 U.S.C. ~5301
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C.
9 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. 9 794, which prohibits discrimination on the basis of disability; with the
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 99 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. 99 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.
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Attachment 6 168 12
Collier County Government Subcontractor Payment Report
Transportation Services Division DBE / Non-DBE
2885 Horseshoe Drive South
Naples, Florida 34104
Collier County is required to report all DBE/MBE payments to the Federal Transit Administration. The Subcontractor Payment
Report will document all subcontractors that worked on the contract and the actual amount the prime contractor paid to each
DBE and non-DBE subcontractor. Non-DBE subcontractor payments are monitored to comply with EEO compliance thresholds
which trigger required submittals of EEO documentation such as Certified Wage Statements and EEO/AA Policies. Failure to
submit this form on a monthly basis will be regarded as an EEO deficiency.
Prime Contractor Collier Contract # Collier Purchase Order #
For the Period of Work Completed thru
Amount Amount of Is this
Previously Amount Paid Retainage Date Final
Subcontractor DBE Payment?
Subcontractor's Name FederallD # Yes or No Paid This Invoice Held Paid Yes or No
necessary to accomplish the statutory requirements as outlined in 49 CFR 26.
ocumentation may be requested.
Au ust 31 2009
Signature Date
....
Robert T. Babbitt. President
Print Name and Title
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168 12
Attachment 7
ANTICIPATED DBE PARTlCIPAOON STATEMENT
Financial Project Number:
Contract Number:
Federal Aid Project Number (If applicable):
Prime Contractor Name:
Contract Dollar Amount:
Is the prime contractor a Aorida Department of Transportation certified Disadvantaged Business Enterprise (OBE)?
(yes )(no )
Expected amount of contract dollars to be subcontracted to DBE{s): $
It is our intent to subcontract % of the contract doIars to DBE(s). Usted below are the proposed DBE
sub-contractors:
DBECslName Tvoe of WorkISDeCiaIlv Dollar AmountlPercentaae
Submitted by: Title:
E-mail Address: Telephone NlWnber:
Fax Number: Date:
Note: This information is used to track and report anticipated DBE partidplllior'J in aD ..... and federally funded FDOT
contracts. The anticipabtd DBE amount will not become a pmt of the contractual terms.
This 'onn must be submilted .. the pnt-eonslnlction or pnt-WOrIr conr.rence. DOT staff must forward this to the
Equal Opportunity Office. 605 Suwannee Street. MS IS T.......... FL 32399-0450 or fax to (850) 414-4879. If
you have any questions, please contact the EOO at (850) 41~747.
1/24/08 1
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Attachment 16812
8
DEClARATION OF DEBARMENT
The bidder, in acx:ontBnoe with Section XXIX 01 the prevailing Collier County
Purchasing Policy, (known as -oetlen.Mri and Suspension'") shall sign the
appropriate decIar8tion W1dBr this exhibit In cDng eo, the U'ldersiSJ18d hereby
declares that
McDonald Transit Associates, Inc.
.... of III! ~ "I
1. They are a prospec:tNe co..-.b. vendor, ....., or otherwise interested
or affected I*lY as de&MId LWId8r Sedian XXIX 01 the Collier County
Purchasing Policy.
2. They are not nor h8ve not been ~wed or suspelKIed by any pdJIic
entity within the last five (5) J8ID d the d8le 01 thislUxni8sion.
3. Svan 01 this ..aiof, co.MIflIlo.. a m..nilll AIPAII1.1IIation 01 fact
upon which reIiInce ... placed wIW\ this Idamisaion W88 entered and
evaluated.. Fl.Ith8r. shodd it wbeeqlB1lly be detennillBd that the
signatory knawir1CW or unIeneJwirVY _1ldIIed an enon.oUII decIar8tion;
the CouRy shall888N8" rV1t to f8j8ct the bid oller BIIDCiated with
this decIar8tion anIIor IUIP8IMl'dIbef" ~1a9.aDY.
4. They shall provide il...necIate ..... notice to the persall to whom this
proposal is ab1.... I at &1ft line .., ...., that its declaration was
erroneous whMl submiIIed or ... becDI.- erroneous by fiSSIon of
changed c:ircunst8l1C8&.
5. Should the prlDpC88d ........ be enler8d no, they sh8II not knowingly
enter into any ~.~ or .....IIIQIMI..... will a person or entity
who is debarred, SUBp8lIded, dec:IIRd i~ or ~ excluded
from participIItion in this 8QN8ffi8I11, unless oIh8rwia8 aJI.hocWld by the
Collier CCUlty Pwcha.1I tgIGeI..... &nicBs Diredoc.
The bidder 8haII .Ihe ~~.. ....dion beIow.-.l oompIy with MY
accompMying requiremenls eel forth 1henIiI..
I (A) I henIby decIIP p;.lItiF'IT. is.M JftllnUy deben8d,
suspended, cIIIdInd ineligible, or vok.InWiIy
excluded from . by any plmIic agency.
82
i6B'r2
Attachment 9
CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
The undersigned Robert T. Babbitt, President. McDonald Transit Associates. Inc. (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. S 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. S 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 Contractor, Robert T. Babbitt. President. McDonald Transit Associates, Inc, certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.
In addition, the ract u tands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to is err atio a disclosure, if any.
Signature of Contractor's Authorized Official
Robert T. Babbitt, President Name and Title of Contractor's Authorized Official
AUQust 31, 2009 Date
83