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Agenda 05/26/2020 Item #16D 4 (Awarding Contract #20-7687R w/Varian Construction)05/26/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 20-7687R, “Bus Shelters & Amenities Repairs,” to WM. J. Varian Construction, Inc.,and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To obtain necessary repairs of Collier Area Transit (“CAT”) bus shelters and their amenities. CONSIDERATIONS: CAT currently has ninety-two (92) transit shelters and amenities throughout the County and plans to continue installing more as part of its five-year plan. Shelter amenities include but are not limited to bike racks, trash receptacles, and benches. Daily maintenance of bus stops and shelters such as trash pickup and pressure washing are included as part of the operation’s vendor contract, but major shelter repairs and replacements are the County’s responsibility. To extend the useful life of the shelters and amenities they should be refurbished approximately every five (5) years. The bid and attached agreement provide for the use of federal funds for repairs and include all re quired federal clauses. On December 20, 2019, the Procurement Services Division released ITB No. 20-7687 to 35,571 vendors for Bus Shelter and Amenities Repairs. Interested vendors downloaded eighty-seven (87) bid packages, and the County received two (2) bids by the January 22, 2020 deadline. Staff found the WM. J. Varian Construction Company, Inc., both responsive and responsible, but concluded that Advanced Service Management Inc’s bid was nonresponsive because it failed to submit required forms with its bid. Staff canceled the project from going forward due to the low competition. On February 24, 2020, the Procurement Services Division re-solicited the ITB under ITB No. 20-7687R Bus Shelter and Amenities Repairs and sent out notices to 36,631 vendors. Interested vendors downloaded ninety-five (95) bid packages, and the County received one (1) bid by the March 26, 2020 bid deadline. Staff is recommending that the bid and attached agreement be awarded to the WM. J. Varian Construction Company, Inc., who was the only company to bid on this re-solicited ITB. Staff conducted a cost reasonableness to evaluate the offered prices. Staff compared price proposals offered by WM. J. Varian Construction Company, Inc., to historical costs and other local government contracts as well as online prices of similar projects. The analysis revealed the offered prices are fair and reasonable. The work will be performed based on lump-sum prices based on the quantity of various services sought as identified in Exhibit “B” to the agreement. FISCAL IMPACT: Funds for these services have been identified under the Federal Transit Administration Grant Section 5307 FY 2018 in the amount of $10,000 and another $52,232 to repair shelters and amenities and retrofit with solar lights in 5307 FY19. Funding is available in the Collier Area Transit Grant Fund (424) Project 33570 and 33634. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. RECOMMENDATION: To award Bid No. 20-7687R for “Bus Shelters & Amenities Repairs” to WM. J. Varian Construction Company, Inc., and authorize the Chairman to sign the attached agreement. Prepared By: Yousi Cardeso, Operations Analyst, Public Transit and Neighborhood Division 16.D.4 Packet Pg. 849 05/26/2020 ATTACHMENT(S) 1. 20-7687R Solicitation (PDF) 2. 20-7687R NORA (PDF) 3. 20-7687R Bid Tabulation (PDF) 4. 20-7687R WM J. Varian_Insurance_4-29-20 (PDF) 5. [linked] 20-7687-R WM.J.Varian Construction_Contract_VendorSigned (PDF) 16.D.4 Packet Pg. 850 05/26/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 12294 Item Summary: Recommendation to award Invitation to Bid (ITB) No. 20-7687R, “Bus Shelters & Amenities Repairs,” to WM. J. Varian Construction, Inc., and authorize the Chairman to sign the attached Agreement. Meeting Date: 05/26/2020 Prepared by: Title: Operations Analyst – Public Transit & Neighborhood Enhancement Name: Yousi Cardeso 04/30/2020 10:02 AM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 04/30/2020 10:02 AM Approved By: Review: Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 04/30/2020 10:30 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/30/2020 10:40 AM Public Transit & Neighborhood Enhancement Omar Deleon Additional Reviewer Completed 04/30/2020 11:43 AM Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 04/30/2020 7:29 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 05/01/2020 2:36 PM Procurement Services Evelyn Colon Additional Reviewer Completed 05/01/2020 5:07 PM Procurement Services Sandra Herrera Additional Reviewer Completed 05/05/2020 11:13 AM Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 05/05/2020 11:25 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 05/05/2020 4:25 PM Grants Erica Robinson Level 2 Grants Review Completed 05/06/2020 8:07 AM Grants Carrie Kurutz Additional Reviewer Completed 05/07/2020 12:36 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/13/2020 8:08 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/13/2020 8:32 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/13/2020 8:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/13/2020 11:43 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/13/2020 2:31 PM 16.D.4 Packet Pg. 851 05/26/2020 Grants Therese Stanley Additional Reviewer Completed 05/18/2020 1:42 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/19/2020 9:38 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM 16.D.4 Packet Pg. 852 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Bus Shelter and Amenities Repairs SOLICITATION NO.: 20-7687R PATRICK BOYLE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 Patrick.Boyle@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.4.a Packet Pg. 853 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 20-7687R PROJECT TITLE: Bus Shelter and Amenities DUE DATE: March 26th, 2020 at 3:00PM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Public Transit and Neighborhood Enhancement Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specificat ions or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $25,000 dollars per year; however, this may not be indicative of future buying patterns. BACKGROUND The intent of this solicitation is to obtain a contractor(s) that would be responsible for refurbishing the Collier Area Transit (CAT) bus shelters and associated amenities including, benches, bike racks and waste containers. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal option. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing s tructure. The County Manager, or designee, may, at his discreti on, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.D.4.a Packet Pg. 854 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) AWARD CRITERIA ITB award criteria are as follows: ➢ The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest bid as outlined below: • Category A: Lowest Total Bid per Category • Category B: Lowest Total Bid per Category • Category C: Lowest Total Bid per Category ➢ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Primary/Secondary awardee per category ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation . DETAILED SCOPE OF WORK The intent of this solicitation is to obtain a contractor that would be responsible for refurbishing the Collier Area Transit (CAT) bus shelters and associated amenities including, benches, bike racks and waste containers. The County will identify the locations of the shelters that require refurbishment as well as the specific defect that should be corrected at each site. All surface preparation, pretreatment, paint, paint related items, material, labor, equipment, Maintenance of Traffic (MOT) and any other items requir ed to properly prepare the surface of the structu res and field paint the structures per the paint manufactures recommendations shall be considered incidental to the work. Funds being utilized to pay for the work assigned are federal funds. The CAT system currently has three types of shelters install ed along it routes. The following is a description of each shelter type and the respective specifications. Courthouse Style Shelter description: The courthouse style shelters listed for repair on this Bid consist of the following: a southern style shelter ma nufactured by Brasco International, Inc., a gray 32 Gallon Rib flare waste container model LR300R manufactured by Wabash Valley with a dome top li d, a gray 6-foot recycled plastic with multiple armrest bench and a gray U -rack bike rack. A photograph of the shelter is provided in Exhibit A of this document. Victorian Style Shelter description: The Victorian style shelters listed for repair on this Bid consist of the following: a Victorian style shelter manufactured b y Brasco International, Inc. or LNI Man ufacturing, Inc., a gray 32 Gallon Rib flare waste container model LR300R manufactured by Wabash Valley with a dome top lid, a gray 6-foot recycled plastic with multiple armrest bench and a gray U -rack bike rack. A photograph of the shelter is provided in Exhibit A of this document. Rural Style Shelter description: The rural style shelter listed for repair on this Bid consist of the following: a rural style shelter manufactured by RCP She lters, Inc., a brown concrete waste container from Wausau Tile Site Furnishings model TF1015 W19 w/W19 push -door top and a green U-rack bike rack manufactured by Trilary, Inc. A photograph of the shelter is provided in Exhibit A of this document. Paint pretreatment Specifications: The contractor will be required to p erform the following pretreatment tasks on items at the shelter where work is to be completed to ensure the surfaces are clean of debris and particles to ensure a quality work product. Pressure wash, fungicide and solvent clean all surfaces to meet the SSPC-SP-1 Cleanliness Standard to remove any contamination that may be present. After washing, if a visible contaminant is still present, solvent wipe using xylene to remove all remaining contaminants. For Courthouse and Victorian Style shelters: Remove as much of existing coating from shelter structure as possible to achieve smooth finish; roof and perforated wall pane ls may be sanded to a dull smooth finish. Wire brush and/or mechanically abrade all rusting surfaces to bright metal with care not to 16.D.4.a Packet Pg. 855 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) abrade the surface too aggressively as surface defects may be visible when coated depending on coating thickness application. Solvent wipe to remove all contaminants. Sand the surface to a minimum of a 1 mil anchor profile – preferably 2-3 mils. Solvent wipe to remove all contaminants. All displays on the Victorian style can be removed and reinstalled in the same position or covered to prevent paint getting on plexiglass. They must be clean and reinstalled per manufacturer’s specification. Solar li ghts must be covered to prevent paint getting on the panel or lights. For bench arms; bike racks; and Rural style shelter structure including roof: Wire brush and/or mechanically abrade all rusting surfaces to bright metal. Sand to a dull smooth finish and feather sand out all rough edges. Solvent wipe to remove all contaminants. Sand the surface to a minimum of a 1 mil anchor profile preferably 2 -3 mils. Solvent wipe to remove all contaminants. For wood surfaces on Rural Style shelters: Reset all protruding nail heads and putty over until a level surface is achieved. Replace all damaged wood of the seat or roof with new wood with equal size and material. For the wooden benches sand to remove all existing paint, contaminants and stains. Paint Specifications: All paint colors are to be matched to the current surfaces unless stated otherwise. Apply all coats of paint according to manufacturer’s specifications. To the maximum extent practical, apply each coat of paint as a continuous film, of uniform thickness, free of pores. Repaint all thin spots or areas missed in the application and allow them to dry before applying the next coat of paint. When recoating is required, allow each coat of paint to dry for at least 48 hours before applying the succeeding coat. Painting Specifications for metal surfaces: First spot prime all joints and welds with PPG Amerlock 2. For the first full coat prime bare metal with PPG Amerlock 2 Metal Primer to a Theoretical wet film thickness of 6-7 mils and Theoretical dry film to 4-6 mils. Then apply second coat of Ameron PSX700 with a Theoretical wet film thickness of 2-3 mils and a Theoretical dry film of 1.1-1.6 mils. The total system dry film thickness should be at 5.1 to 7.6 MILS. Paint Specifications for the wood surfaces of the Rural style shelter roof: First spot prime where needed with Porter #515 Wood Bonding Primer. For the first coat use Porter #4-808 Clear Sealer with a Theoretical spread rate of 200 to 400 mils. Then apply second coat of Porter #739 Acri-Shield Acrylic Satin with a Theoretical spread rate of 200 to 400 mils, a Theoretical wet film thickness of 4 mils and a Theoretical dry film of 1.4 mils. The total system dry film thickness should be at 1.4 MILS. Weather and Temperature Limitations for Field and Maintenance Coating: Ensure the ambient air temperature, relative humidity, and dew point and surface temperature of the steel to be coated are within limits recommended by the coating manufacturer. Do not apply coatings when contamination from rainfall is imminent or when the temperature or humidity is outside limits recommended by the coating manufacturer. Protection of Adjacent Surfaces: Consider wind direction, velocity and geographic location as having a major impact on all cleaning and painting operations. I f conditions are such that material is dispersed to areas where vehicles or other property may be damaged, suspend operations u ntil conditions improve enough to permit work without damage. Protect all surfaces not intended to be painted, which are adjacent to, or in close proximity to the surfaces to be painted, during the application of paint. Clean surfaces other than those intended to be painted until all traces of paint have been removed and the surface has an acceptable appearance. Use all necessary precautions to prevent material from cleaning and painting operations from being dispersed outside the work site. Repair/Replacements Specifications: Rural Style shelters wood surfaces: Replace all damaged wood of the seat with new wood with equal size and material. Contractor shall provide the wood and hardwa re necessary for replacement. Bench must be installed correctly to ensure heavy traffic use and weather. Courthouse/Victorian Style bench slats, waste container and all bike racks: 16.D.4.a Packet Pg. 856 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) Replace broken slats of the recycled plastic benches with equivalent provided by county. In the cases that more than 3 slats are broken; replacement of entire bench could be made if is more cost effective. For U-rack bike rack and waste container provided by county include the anchors. All replacements must be installed per manufacturer’s specification to ensure warranty. Signs: Remove all bus stop signs and schedule holders attached to shelter structure and reinstall on a separate pole provided by the county on the appropriate bound of the bus. When installing a new pole, locates must be requested to ensure no utilities are damaged. Bus stop sign needs to be installed per FDOT’s guidelines; locates need to be requested before digging (See Exhibit B). Solar Light Retrofit Specifications: Solar Lighting: Installation of new county provided 55 -Watt solar lighting package to retrofit older shelters. Solar lighting must be roof mounted and withstand winds of 170 miles an hour. They will need to be working and programmed to provide light from dusk to Dawn Operatio n. Solar lighting must be installed per manufacturer’s specification to ensure warrant y. See instructions are attached to this Bid. Contractors Requirements/Responsibilities: (a) The contractor is responsible for providing all materials necessary for the refurbishment of the shelters, benches, waste con tainers, bike racks, signs, and poles unless otherwise noted above. (b) The contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CAA Instruction 5807 of the County administrative procedure during all phases of project work. Observation of un safe MOT practices by County Transportation or Risk Management personnel will be grounds for an order to cease work. Continued unsafe MOT practices will be grounds for voiding this contract. (c) The contractor shall keep the area of work protected from the public at all times during the length of the repair. (d) All MOT shall be considered as incidental work and payment therefore is included in the respective contract bid amounts. No material, labor or equipment, shall be added to invoice costs for design, set -up, take-down, or maintenance of proper MOT. (e) All project meetings, scheduled or unscheduled, field meetings, office work, and permit application preparation work shall be considered administrative overhead and incidental to contract work, and is to be perf ormed without billing. (f) The County reserves the right to undertake any work outlined in these specifications by County forces or by other contracts i f such action is in the best interest of the County. (g) Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions on major collectors or arterials, except for emergency repairs. No lane closures shall take place between the hours of 6:00 a.m. and 7:00 p.m. bet ween the dates of November 1st and April 30th without express consent of the Traffic Operations Director. (h) Upon completion of the work, remove any paint drips or spots from the concrete slab and surrounding area, remove from the right-of-way and adjacent property. (i) Restore in an acceptable manner all property, both public and private, that has been damaged during the prosecution of the work. (j) Leave the waterways unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work under contract. Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the consent of the property owners. Prices: Labor quoted shall be an all-inclusive labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of t axes. Prices quoted must be firm for the term of the Contract. Any damages to the shelters or county property is the Contractor’s sole responsibility, and at no cost to the County. Warranty: The Contractor shall warrant this work to be free of defects in workmanship that would cause the coating to blister, peel, soften, or loosen bond for a period of three (3) years from the date of acceptance by Collier County. 16.D.4.a Packet Pg. 857 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List): The County requests that the vendor submits no fewer than three (3) completed reference forms from clients (during which period of time, eg. 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of thi s project using the Reference Form provided. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant work. 16.D.4.a Packet Pg. 858 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-1 FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. STATUTORY AUTHORITY Urbanized Area Formula Program a. Federal Transit Laws, Title 49 U.S.C. 5307 b. 49 CFR 1.51 PROGRAM OVERVIEW The Urbanized Area Formula Program, codified at 49 U.S.C. 5307 (“Section 5307”), is authorized under the provisions set forth in the Moving Ahead for Progress in the 21st Century Act (MAP- 21), Public Law 112-141. FTA OVERSIGHT The COUNTY may be subject to a triennial, state management or other regularly scheduled comprehensive review to evaluate performance to determine recipient program and certification compliance. 16.D.4.a Packet Pg. 859 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-2 APPLICABLE FTA PROVISIONS APPLICABLE CONTRACT CLAUSE ASSURANCE 1. Access to Records and Reports 2. Accessibility (Americans with Disabilities Act) 3. Bonding (Construction Exceeding $250,000) 4. Bus Testing Certification and Report 5. Buy America Certifications >$150K / Small Purchase Waiver 6. Cargo Preference 7. Charter Service Operations 8. Civil Rights Laws and Regulations (EEO, Title VI, & ADA) 9. Clean Air Act and Federal Water Pollution Control Act (>$150K) 10. Contract Work Hours and Safety Standards Act (>$100,000) 11. Copeland Anti-Kickback Act Section 1 and 2 (>$2,000) 12. Davis Bacon Act (Applies to Construction >$2,000 13. Debarment and Suspension >$25,000 14. Employee Protective Arrangements 15. Disadvantaged Business Enterprises (DBEs) >$3,500 Complete (2) Forms (Anticipated DBE Form, Bidders List) 16. Drug and Alcohol Testing 17. Recording and Reporting Occupational Injuries and Illness; Safety and Health Regulations for Construction 18. Energy Conservation 19. Federal Changes 20. Fly America 21. Incorporation of Federal Transit Administration (FTA) Terms 22. ITS Standards (Intelligent Transportation Systems) 23. Lobbying (>$100,000), Anti-Byrd Certification 24. No Government Obligation to Third Parties 25. Pre-Award and Post Delivery Audits of Rolling Stock Purchases Certifications 26. Patent Rights, Rights in Data and Copyrights 27. Program Fraud and False or Fraudulent Statements and Related Acts 28. Violation and Breach of Contract (Legal Remedies, Admin) 29. Prompt Payment and Return of Retainage 30. Recycled Products (>$10K per Year) 31. Safe Operation of Motor Vehicles 32. School Bus Operations 33. Seismic Safety 34. Special DOL EEO Clause for Construction Contracts >$10,000 35. Special Notification Requirements for States (State Provisions) 36. Termination Provisions >$10,000 37. Privacy Act 16.D.4.a Packet Pg. 860 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-3 APPLICABLE CONTRACT PROVISIONS (1-37) 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third- party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 2. ACCESSIBILITY (ADA) Facilities to be used in public transportation service must comply with the American with Disabilities Act, 42 U.S.C. § 12101 et seq.; DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37; and Joint Access Board/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38. Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access Board’s “Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the ADAAG and the DOT amendments. 3. BONDING REQUIREMENTS (Applies to Subcontracts at Every Tier) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the COUNTY and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the COUNTY 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 [one hundred twenty (120)] days subsequent to the opening of bids, without the written consent of the COUNTY. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [one hundred twenty (120)] days after the bid opening without the written consent of the COUNTY, 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 ‘COUNTY's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the COUNTY as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense the COUNTY for the damages occasioned by default, then the 16.D.4.a Packet Pg. 861 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-4 undersigned bidder agrees to indemnify the COUNTY and pay over to the COUNTY the difference between the bid security and (Recipient's) total damages, so as to make the COUNTY 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, 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 https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. 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 COUNTY shall determine the amount of the advance payment bond necessary to protect the COUNTY. 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 COUNTY shall determine the amount of the patent indemnity to protect the COUNTY. Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to the COUNTY, 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 the COUNTY, 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 COUNTY 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 the COUNTY and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the COUNTY. 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 the COUNTY written by the same corporate surety that provides the Performance Bond and Labor and Material 16.D.4.a Packet Pg. 862 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-5 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). 4. BUS TESTING The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient. 5. BUY AMERICA REQUIREMENT (Applies to Subtracts.) The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and includes microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (Attachments) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. The small purchase waiver is now included in 49 U.S.C 5323(j)(13) and provides that the term ”small purchase” means a purchase of not more than $150,000. The small purchase waiver applies to purchases of $150,000 or less, regardless of the size of the project. Therefore, purchases made with FTA financial assistance, including capital, planning, or operating assistance, are subject to the waiver. 6. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States-Flag Vessels The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 7. CHARTER SERVICE The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r) and 49 C.F.R Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(d); 2. FTA regulations, “Charter Service,” 49 C.F.R. part 604; 16.D.4.a Packet Pg. 863 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-6 3. Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. The contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or 3. Any other appropriate remedy that may apply. The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. 8. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. 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, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural 16.D.4.a Packet Pg. 864 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-7 Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applies to Subcontracts OVER $150,000 at Every Tier) The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 10. CONTRACT WORK HOURS AND SAFETY SANDARDS ACT (Applies to Subcontracts at Every Tier) For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), 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 this clause 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 this clause. The FTA 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 this section. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in 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 this agreement. Contract Work Hours and Safety Standards for Awards Not Involving Construction 16.D.4.a Packet Pg. 865 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-8 The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions m ade, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 11. COPELAND ANTI-KICKBACK ACT For all construction contracts >$2,000, the Contractor agrees to comply with the Copeland "Anti Kickback" Act (Copeland Act) provisions. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Copeland "Anti Kickback" Act (Copeland Act) is divided into two sections. Section 1 of the Copeland “Anti-Kickback” Act, at 18 U.S.C. § 874, prohibits anyone from inducing, by any means, any person employed on construction, prosecution, completion, or repair of a federally assisted building or work, to give up any part of his or her compensation to which he or she is otherwise entitled. Section 2 of that Act, at 40 U.S.C. § 3145, and implementing DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States,” 29 C.F.R. part 3, imposes record keeping requirements on all third party contracts for construction, alteration, or repair exceeding $2,000. Under Appendix II to 2 C.F.R. part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, recipients’ third party contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act, as amended, and implementing DOL regulations. 12. DAVIS BACON ACT For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by Department of Labor regulations (29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. (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 16.D.4.a Packet Pg. 866 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-9 wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) 16.D.4.a Packet Pg. 867 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-10 (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (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 16.D.4.a Packet Pg. 868 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-11 the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Collier County may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form 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. 16.D.4.a Packet Pg. 869 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-12 (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee 16.D.4.a Packet Pg. 870 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-13 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 subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 16.D.4.a Packet Pg. 871 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-14 DOL WAGE DETERMINATION "General Decision Number: FL20200201 01/03/2020 Superseded General Decision Number: FL20190201 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 ASBE0067-003 03/01/2019 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR........................$ 28.30 16.06 ---------------------------------------------------------------- ELEC0349-008 09/01/2019 16.D.4.a Packet Pg. 872 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-15 Rates Fringes ELECTRICIAN (Includes Low Voltage Wiring)..................$ 31.05 10.38 ---------------------------------------------------------------- ELEV0074-001 01/01/2019 Rates Fringes ELEVATOR MECHANIC................$ 41.17 33.705 FOOTNOTE: A. Employer contributions 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; Employer contributions 6% of regular hourly rate to vacation pay credit for employee who has worked in business less than 5 years. Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; The Friday after Thanksgiving Day; and Christmas Day. ---------------------------------------------------------------- ENGI0487-021 07/01/2016 Rates Fringes OPERATOR: Crane All Cranes 160 Ton Capacity and Over...........$ 33.05 9.20 All Cranes Over 15 Ton Capacity....................$ 32.05 9.20 OPERATOR: Forklift..............$ 23.25 9.20 OPERATOR: Mechanic..............$ 32.05 9.20 OPERATOR: Oiler.................$ 23.50 9.20 ---------------------------------------------------------------- * IRON0397-007 07/01/2019 Rates Fringes IRONWORKER, STRUCTURAL...........$ 30.85 16.47 ---------------------------------------------------------------- * IRON0402-001 01/01/2019 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 23.69 12.70 ---------------------------------------------------------------- SFFL0821-004 01/01/2019 Rates Fringes SPRINKLER FITTER (Fire Sprinklers)......................$ 28.38 19.44 ---------------------------------------------------------------- SUFL2014-009 08/16/2016 16.D.4.a Packet Pg. 873 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-16 Rates Fringes CARPENTER........................$ 18.00 0.64 CEMENT MASON/CONCRETE FINISHER...$ 14.85 0.60 IRONWORKER, REINFORCING..........$ 26.37 12.65 LABORER: Common or General, Including Cement Mason Tending...$ 12.25 1.03 LABORER: Pipelayer..............$ 14.00 1.40 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 22.07 8.80 OPERATOR: Bulldozer.............$ 15.40 1.90 OPERATOR: Grader/Blade..........$ 18.97 0.00 OPERATOR: Loader................$ 14.00 1.40 OPERATOR: Roller................$ 14.43 4.78 PAINTER: Brush, Roller and Spray............................$ 14.72 2.13 PIPEFITTER.......................$ 21.36 7.93 PLUMBER..........................$ 18.01 2.88 ROOFER...........................$ 19.00 1.17 SHEET METAL WORKER, Includes HVAC Duct Installation...........$ 19.10 3.27 TILE SETTER......................$ 18.01 0.00 TRUCK DRIVER: Dump Truck........$ 13.22 2.12 TRUCK DRIVER: Lowboy Truck......$ 14.24 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. 16.D.4.a Packet Pg. 874 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-17 Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all 16.D.4.a Packet Pg. 875 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-18 rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: 16.D.4.a Packet Pg. 876 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-19 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION” 16.D.4.a Packet Pg. 877 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-20 13. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. 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 the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, 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 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, 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. 14. EMPLOYEE PROTECTIVE ARRANGEMENTS, PUBLIC TRANSPORTATION The Contractor agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): 1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case-by- case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. 15. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tier) It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in 49 C.F.R. part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)–assisted contracts. It is also the County’s policy to: 1. Ensure nondiscrimination in the award and administration of DOT – assisted contracts; 2. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs; 5. Help remove barriers to the participation of DBEs in DOT assisted contracts; 16.D.4.a Packet Pg. 878 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-21 6. Assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE’s who are: 1. Certified by the Florida Unified Certification Program; 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or, 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit’s goal for DBE participation is 1.77%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List. Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor’s DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. 16.D.4.a Packet Pg. 879 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-22 The Contractor shall not terminate DBE subcontractor(s) without the COUNTY’s prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit’s DBE Program can be found at CAT’s website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe 16. DRUG AND ALCOHOL TESTING The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the Florida Department of Transportation, or the COUNTY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify and submit annually its compliance with Parts 655, Florida Statute 341.061, and Rule 14-90 Florida Administrative Code before January 20th to the Public Transit & Neighborhood Enhancement Division Director. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Adm inistration Grants and Cooperative Agreements," which is published annually in the Federal Register. The certification will also include compliance with its adopted System Safety and Security Program Plan pursuant to Florida Rule Chapter 14-90. 17. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESS; SAFETY AND HALTH REUGLATIONS FOR CONSTRUCTION The Contractor will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the Underlying Agreement, including the: (4) Construction Site Safety of: b) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 C.F.R. part 1904; “Occupational Safety and Health Standards,” 29 C.F.R. part 1910; and “Safety and Health Regulations for Construction,” 29 C.F.R. part 1926. 16.D.4.a Packet Pg. 880 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-23 18. ENERGY CONSERVATION (Applies to Subcontracts at Every Tier) 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. 19. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 20. FLY AMERICA (Applies to Subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • “United States” means the 50 States, the District of Columbia, and outlying areas. • “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: _____________________________________________ e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 21. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 16.D.4.a Packet Pg. 881 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-24 22. ITS STANDARDS Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation (US DOT). 23. LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 24. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Contractor shall 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 Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions 25. PRE-AWARD AND POST DELIVERY AUDITS OF ROLLING STOCK PURCHASES The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA guidance. 26. PATENT RIGHTS, RIGHTS IN DATA AND COPYRIGHTS REQUIREMENTS (Applies to Subcontracts at Every Tier) Intellectual Property Rights This project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of 37 C.F.R. part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall, at a minimum, include the following restrictions: Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA 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. For purposes of this agreement, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract. 16.D.4.a Packet Pg. 882 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-25 1. 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 below. 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. a. Any subject data developed under the Contract, whether or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA. 2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the 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 this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. 3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees 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 Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. 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. 4. 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. 5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. 6. 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. 27. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (i) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (ii) 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. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. 16.D.4.a Packet Pg. 883 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-26 (iii) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 28. VIOLATION AND BREACH OF CONTRACT (LEGAL REMEDIES, ADMIN) (Applies to subcontracts at every tier over $150,000) Disputes - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision-making authority and by OWNER’S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of the vendor with full decision-making authority and by OWNER’S staff person who would make the presentation of any settlement reached at mediation to OWNER’S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 29. PROMPT PAYMENT AND RETURN OF RETAINAGE (49 C.F.R. part 26) Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. 30. RECYCLED PRODUCTS (Applies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.) Recovered Materials. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247. 31. SAFE OPERATION OF MOTOR VEHICLES (Applied to Subcontracts at Every Tier) Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or AGENCY. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. 16.D.4.a Packet Pg. 884 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-27 32. SCHOOL BUS OPERATIONS The contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under: i. Federal transit laws, specifically 49 U.S.C. § 5323(f); ii. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605; iii. Any other Federal School Bus regulations; or iv. Federal guidance, except as FTA determines otherwise in writing. If Contractor violates this School Bus Agreement, FTA may: i. Bar the Contractor from receiving Federal assistance for public transportation; or ii. Require the contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment, vehicles, or facilities. The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 33. SEISMIC SAFETY REQUIREMENTS (Applies to subcontractors) 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. 34. SPECIAL DEPT. OF LABOR EEO CLAUSE FOR CONSTRUCTION CONTRACTS (Applies to contracts and subcontracts >$10,000) Equal Employment Opportunity Requirements for Construction Activities. The Contractor will comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. [(FTA Master Agreement (24), 10-1-2017; § 12.d(3)] 35. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES (STATE GRANT PROVISIONS) Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the 16.D.4.a Packet Pg. 885 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-28 proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Restrictions, Prohibits, Controls, and Labor Provisions: During the performance of this contract, the following provisions are to be included in each subcontract entered into pursuant to this contract: a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the County. d) Neither the County nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the County or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the County, the County, with prior approval of the Florida Department of Transportation, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The County shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Employment Eligibility (Using E-Verify): a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and 16.D.4.a Packet Pg. 886 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-29 b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor or subcontractor during the Agreement term. 36. TERMINATION (Applies to Subcontracts at Every Tier in Excess of $10,000) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. i. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the COUNTY’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 the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the Contractor will account for the same, and dispose of it in the manner the COUNTY directs. ii. 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 COUNTY 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 COUNTY 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 COUNTY, 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. iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY'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 COUNTY setting forth the nature of said breach or default, COUNTY 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 COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. iv. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. v. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, 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 COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. vi. 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 16.D.4.a Packet Pg. 887 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-30 with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY 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 COUNTY. vii. 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 COUNTY may terminate this contract for default. The COUNTY 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 COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. viii. 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 COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY 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 COUNTY 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 COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- a. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and b. The contractor, within [10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY 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 COUNTY. 16.D.4.a Packet Pg. 888 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-31 ix. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the COUNTY, 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 COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. 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 COUNTY. x. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY 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 COUNTY 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 COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY 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 COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, 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 COUNTY 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 COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 37. PRIVACY ACT REQUIREMENTS Applicability – When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micropurchases ($10,000 or less, except for construction contracts over $2,000) The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties 16.D.4.a Packet Pg. 889 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-32 for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 16.D.4.a Packet Pg. 890 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 1 5FTA GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE Page Certification and Form GCA-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions GCA-3 Certification of Lower-Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion GCA-4 Collier County Conflict of Interest Certification GCA-5 Anticipated DBE, M/WBE or VETERAN Participation Statement GCA-6 Bid Opportunity List for Commodities and Contractual Services and Professional Consultant Services GCA-7 Certification Regarding Lobbying GCA-8 Acknowledgement of Grant Terms and Conditions 16.D.4.a Packet Pg. 891 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 2 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. __________________________ ________________________________________ Name Project Name __________________________ ________________________________________ Title Project Number __________________________ ________________________________________ Firm Tax ID Number ________________________________________ DUNS Number _________________________________________________________________________ Street Address, City, State, Zip __________________________________ Signature 16.D.4.a Packet Pg. 892 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 3 COLLIER COUNTY Certification of Lower-Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion (1) The prospective Lower-Tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. __________________________ ________________________________________ Name Project Name __________________________ ________________________________________ Title Project Number __________________________ ________________________________________ Firm Tax ID Number ________________________________________ DUNS Number _________________________________________________________________________ Street Address, City, State, Zip __________________________________ Signature 16.D.4.a Packet Pg. 893 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 4 COLLIER COUNTY Conflict of Interest Certification _______________________ Collier County Solicitation No. I, ________________________________________, hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 16.D.4.a Packet Pg. 894 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 5 16.D.4.a Packet Pg. 895 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 6 16.D.4.a Packet Pg. 896 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 7 COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, __________________________, 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. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name of Authorized Official and Title Date 16.D.4.a Packet Pg. 897 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 8 COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts an y of the work required under t his Agreement, a cop y of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws an d regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name ______________________________ Date __________________ Authorized Signature ___________________________________________________________ Address _____________________________________________________________________ Solicitation/Contract # ____________________________ 16.D.4.a Packet Pg. 898 Attachment: 20-7687R Solicitation (12294 : 20-7687R Shelter & Amenity repairs) Notice of Recommended Award Solicitation: 20-7687R Title: Bus Shelter and Amenities Repairs Due Date and Time: March 26th, 2020 at 3:00PM Respondents: Company Name City County State Bid Amount Responsive/Responsible WM. J. Varian Construction Company, Inc. Naples Collier FL $44,000 YES/YES Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On December 20th, 2019 Procurement Services Division released Invitation to Bid 20-7687 to thirty five thousand five hundred seventy one (35571) vendors for Bus Shelter and Amenities Repairs. Eighty-Seven (87) bid packages were downloaded, and two (2) bids were received on January 22nd, 2020. WM. J. Varian Construction Company, Inc. was deemed both responsive and responsible and Advanced Service Management was deemed non-responsive due to no required forms received. The project was canceled per department due to low competition. On February 24th, 2020 Procurement Services Division re-solicited Invitation to Bid 20-7687R Bus Shelter and Amenities Repairs to thirty-six thousand six hundred thirty-one (36,631) vendors. Ninety-five (95) bid packages were downloaded, and one (1) bid was received on March 26th, 2020 at 3:00PM Award is recommended to WM. J. Varian Construction Company, Inc. as the primary vendor Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: ED0211C1-DC21-4933-ABB1-02224D00EC08 3/31/2020 3/31/2020 3/31/2020 16.D.4.b Packet Pg. 899 Attachment: 20-7687R NORA (12294 : 20-7687R Shelter & Amenity repairs) Description CATEGORY A - sand and paint in accordance with the specifications noted in the scope: Rural Style Shelter QTY UNIT LUMP SUM Shelter structure including roof, bench and bike rack.1 Ea.$2,665.00 Shelter structure including roof, bench and bike rack.5 or more Ea.$2,375.00 Shelter structure, bench and bike rack; not including roof.1 Ea.$1,825.00 Shelter structure, bench and bike rack; not including roof.5 or more Ea.$1,700.00 Shelter roof only.1 Ea.$600.00 Shelter roof only.5 or more Ea.$500.00 Courthouse Style Shelter Shelter structure including roof, bench, bike rack, and replacement of broken slats and decors.1 Ea.$3,575.00 Shelter structure including roof, bench, bike rack, and replacement of broken slats and decors.5 or more Ea.$3,200.00 Shelter structure metal surfaces not including roof.1 Ea.$2,975.00 Shelter structure metal surfaces not including roof.5 or more Ea.$2,800.00 Victorian Style Shelter Victorian Shelter structure including roof, bench, bike rack, and replacement of broken slats.1 Ea.$3,400.00 Victorian Shelter structure including roof, bench, bike rack, and replacement of broken slats.5 or more Ea.$3,200.00 Victorian Shelter structure metal surfaces not including roof.1 Ea.$2,800.00 Victorian Shelter structure metal surfaces not including roof.5 or more Ea.$2,700.00 Shelter roof only.1 Ea.$900.00 Shelter roof only.5 or more Ea.$800.00 Stop amenities; bench, bike rack and replacement of broken slats.1 Ea.$600.00 Stop amenities; bench, bike rack and replacement of broken slats.5 or more Ea.$500.00 Total Base Bid (Award is based on line items totals 6 through 27) CATEGORY B - Repairs/Replacements in accordance with the specifications noted in the scope: Rural Style Shelter QTY UNIT LUMP SUM Replace bench seat and support components; include wood/material cost.1 Ea.$700.00 Replacing bench seat and support components; include wood/material cost.5 or more Ea.$800.00 Courthouse/Victorian Style Shelter Replace bench per manufacturer’s specifications; securing to slab.1 Ea.$450.00 $37,115.00 Varian Construction BID TABULATION 20-7687R Bus Shelter and Amenities Repairs Bid Due Date: March 26, 2020 at 3:00PM DocuSign Envelope ID: ED0211C1-DC21-4933-ABB1-02224D00EC08 16.D.4.c Packet Pg. 900 Attachment: 20-7687R Bid Tabulation (12294 : 20-7687R Shelter & Amenity repairs) Description Varian ConstructionReplace bench per manufacturer’s specifications; securing to slab.5 or more Ea.$425.00 Replace waste container per manufacturer’s specifications; securing to slab.1 Ea.$315.00 Replace waste container per manufacturer’s specifications; securing to slab.5 or more Ea.$300.00 Replace bike rack per manufacturer’s specifications; securing to slab.1 Ea.$175.00 Replace bike rack per manufacturer’s specifications; securing to slab.5 or more Ea.$170.00 Replace broken slats of the recycled plastic bench with equivalent provided by county and install per manufacturer’s specification. 1 Ea.$350.00 Replace broken slats of the recycled plastic bench with equivalent provided by county and install per manufacturer’s specification. 5 or more Ea.$325.00 All Style Shelters Remove and reinstall bus stop sign on a pole provided by the county per FDOT’s guidelines with locates.1 Ea.$425.00 Remove and reinstall bus stop sign on a pole provided by the county per FDOT’s guidelines with locates.5 or more Ea.$400.00 New install of bus stop sign on a pole provided by the county per FDOT’s guidelines with locates.1 Ea.$425.00 New install of bus stop sign on a pole provided by the county per FDOT’s guidelines with locates.5 or more Ea.$400.00 Total Base Bid (Award is based on line items totals 19 through 32) CATEGORY C - Retrofit in accordance with the specifications noted in the scope: Solar Lighting QTY UNIT LUMP SUM Retrofit shelters with new solar light provided by County; per manufacturer’s specification.1 Ea.$625.00 Retrofit shelters with new solar light provided by County; per manufacturer’s specification.5 or more Ea.$600.00 Total Base Bid (Award is based on line items totals 33 through 34) Description YES/NO Form 2: Vendor Check List YES Form 3: Conflict of Interest Affidavit YES Form 4: Vendor Declaration Statement YES Form 5: Immigration Affidavit Certification YES Form 6: Vendor Substitute W – 9 YES Form 7: Vendor Submittal – Local Vendor Preference Affidavit N/A Insurance and Bonding Requirements YES E-Verify YES Sun-Biz YES Grant Forms YES $1,225.00 $5,660.00 DocuSign Envelope ID: ED0211C1-DC21-4933-ABB1-02224D00EC08 16.D.4.c Packet Pg. 901 Attachment: 20-7687R Bid Tabulation (12294 : 20-7687R Shelter & Amenity repairs) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/28/2020 Five County Insurance Agency Inc 14120 Metropolis Ave Fort Myers FL 33912 Certificate Department 239-939-1400 239-939-3813 certs@fivecountyinsurance.com National Builders Insurance 16632 WMJVA-1 Old Dominion Insurance 40231WMJVarianConstructionCompanyInc PO Box 990099 Naples FL 34116 641288981 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X Y PKG025887902 3/11/2020 3/11/2021 2,000,000 B 1,000,000 X B1P3406M 3/11/2020 3/11/2021 Certificate holder is named as an additional insured when required per written contractual agreement on a primary &non-contributory basis with respects to General Liability. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES FL 34112 16.D.4.d Packet Pg. 902 Attachment: 20-7687R WM J. Varian_Insurance_4-29-20 (12294 : 20-7687R Shelter & Amenity repairs) FAX (A/C, No):Matt Crum INSURER A: LIMITS FrankCrum Insurance Agency, Inc.100 South Missouri Avenue Clearwater, FL 33756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Effective 06/23/2014, coverage is for 100% of the employees of FrankCrum leased to Wm. J. Varian Construction Company, Inc. (Client) for whom the client isreporting hours to FrankCrum. Coverage is not extended to statutory employees. Wm. J. Varian Construction Company, Inc.Wm. J. Varian Construction Company, Inc. $1,000,000 AGGREGATE Frank Winston Crum Insurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. REVISION NUMBER: 04/29/2020 INSURER(S) AFFORDING COVERAGE COVERAGES EACH OCCURRENCEDAMAGE TO RENTED MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH OCURRENCE E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03)© 1988-2016 ACORD CORPORATION. All rights reserved. PREMISES (Ea occurrence) ADDLINSRD POLICY NUMBER POLICY EFF(MM/DD/YYYY) PER STATUTE OTH-ER GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOSONLY SCHEDULEDAUTOS HIRED AUTOSONLY NON-OWNEDAUTOS ONLY UMBRELLA LIAB EXCESS LIABDED CLAIMS-MADE RETENTION $ WORKERS COMPENSATION AND ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under OFFICER/MEMBER EXCLUDED? DESCRIPTION OF OPERATIONS below $ $ $ $ $$ $ $ $ $ $ $$ POLICY EXP(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY PROJECT LOC NAIC# INSURED WC202000000 01/01/2020 01/01/2021 $1,000,000 INSRLTR TYPE OF INSURANCE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CONTACT NAME: INSURER F:CERTIFICATE NUMBER: DATE (MM/DD/YYYY) SUBRWVD $ $ Y/N The ACORD name and logo are registered marks of ACORD X OCCUR (Mandatory in NH) A N/A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THEPOLICY PROVISIONS. N 50598 04/29/2020 Issued Collier County Board of County County Commissioners 663911 Collier County Board of County County Commissioners3295 Tamiami Trail E.Naples, FL 34112 PRODUCER (Ea accident) (Per accident) $1,000,000 CERTIFICATE OF LIABILITY INSURANCE INSURER E: INSURER D: INSURER C: 11600 INSURER B: PHONE (A/C, No, Ext):(800) 277-1620 X 4800 (727) 797-0704 E-MAIL ADDRESS: FrankCrum L/C/F Wm. J. Varian Construction Company, Inc.100 South Missouri AvenueClearwater, FL 33756 EMPLOYERS' LIABILITY AUTHORIZED REPRESENTATIVE OTHER: 16.D.4.d Packet Pg. 903 Attachment: 20-7687R WM J. Varian_Insurance_4-29-20 (12294 : 20-7687R Shelter & Amenity repairs) FIXED TERM SERVICE AGREEMENT # 2Q-7687R for Bus Shelter and Amenities Re THIS AGREEMENT, made and entered into on this day of 20 20 , by and between WM. J. Varian Construction Company, Inc. _, authorized to do business in the State of Florida, whose business address is 880 23rd Street SW Maples, Florida 34117 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three { 3 ) year period, commencing ❑l• upon the date of Board approval or ^; and terminating on three U year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one_ ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ NetiGB to PFARPPd 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request f0F Os9P 96al �o�o. � Invitation to Bid (ITB) ❑ #20-7e87R, including all Attachments), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term 5ervice Agreement 42017-002 (Ver.l ) Rr_ 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SLIM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit 6- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑0 Lump Sum (Fixed Price): A firm fixed total price offering for a project: the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 7■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e, installation price per ton; delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budgets). 43 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted an the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "caches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement 42017.002 (Ver 1 G 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6, NOTICES, All notices from the County to the Contractor shall be deemed duly served if mailed ❑r emailed to the Contractor at the following: Company Name: WM. J. Varian Construction Company, inc. Address: 886 23rd Street SW Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Naples, Florida 34117 William J. Varian, President (239) 514-61 a3 Bil ICa7Va ria nC onstruction.com All Notices from the Contractor to the County shall be deemed duly served if mailed ❑r emailed to the County to: Page 3 of 17 Fixed Term Service Agreement #2017-002 (Ger.1) G Board of County Commissioners for Collier County, Florida Division Name: Division Director: Add ress: Administrative Agent/PM Public Transit & Neighborhood Enhancement Division Michelle Edwards -Arnold 8390 Radio Road Naples, Florida 34194 Yousi Cardeso Telephone: _(239) 252-4995 E-Mail(s): Yousi-Cardeso@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessaryforthe prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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. The Contractor shall also be solely responsible for payment of any and all taxes levied on 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 employed by the Contractor, 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County 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. In the event of 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 or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct 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 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. Page 4 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractors recovery against the County small be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $ 500,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; independent Contractors; Products and Completed Operations and Contractual Liability. B. [ Business Auto Liability: Coverage shall have minimum limits of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 100,000 for each accident. ❑ ' C^••e•^3^ slRall have minimum limf.s of i-der slair� Page 5 of 17 Fixed Term Service Agreement 92017.002 (Ver.1) Special Re uirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional lnsured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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 of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 5 of 17 Fixed Term Service Agreement 42017-OG2 (Ver. i ) 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enchancement Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ #RR/ ❑■ ITB/❑ QtheF 7 ii_7r^. SlZD Relbid' g Exhibits Attar h.m.—PRI-A ;awi Addtzrid;;lAAeaonrl..m subsequent quotes, and ❑■ Other Exhibit/Attachment. Federal Contract Provisions (FTA) 17. APPLICABILITY. Sections corresponding to any checked box ■ } expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement 42017-002 {Ver.l ] G IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. Page S of 17 Fixed Term Service Agreement #2017-002 [Ver.l ] 9 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. O CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ❑M WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, Page 9 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) 9 fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible far and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 0 TESTS AND INSPECTIONS. if the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. 0 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed Term Service Agreement 92017-002 (Ver.1) 9 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla, Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. - - - -WWI-►-- _ C AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 1 I of 17 Fixed Term Service Agreement 42017-002 (Ver. I ) G ■ - - ■ M ORDER OF PRECEDENCE (Grant Funded. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part Herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 12 of 17 Fixed Term Service Agreement #2017-002 (Ven t) 9 38. ■C1 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement 42017-002 (Ver.1) 0 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzei, Clerk of Court COLLIER COUNTY, FLORIDA & Comptroller By: By: Burt L. Saunders , Chairman Dated: (SEAL) Contractor's Witnesses: WM• J. Varian Construction Company, Inc. ar's First Witness 5 TType/print witness name` -A�f Contractor's Second Wit ess 1L LO' H lL 91 GG7 V/ TType/print witness name Approved as to Form and Legality: County Attorney Print Name Contractor By: __._... . Signature VAIjA-� � Type/print signature and tide Page 14 of 17 Fixed Term Smnv e Agreement #2017-002 (Vet.1) (� tc, Exhibit A Scope of Services ❑■ following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement #2017-002 (Ver.1 ) 9 ITS # 24-7687R "Bus Shelter and Amenities Repairs EXHIBIT A SCOPE OF SERVICES I. SCOPE The Contractor will be responsible for refurbishing the Collier Area Transit (CAT) bus shelters and associated amenities including, benches, bike racks and waste containers. The County will identify the locations of the shelters that require refurbishment as well as the specific defect that should be corrected at each site. All surface preparation, pretreatment, paint, paint related items, material, labor, equipment, Maintenance of Traffic (MOT) and any other items required to properly prepare the surface of the structures and field paint the structures per the paint manufactures recommendations shall be considered incidental to the work. Funds being utilized to pay for the work assigned are federal funds. The CAT system currently has three types of shelters installed along its routes. The following is a description of each shelter type and the respective specifications. A. Courthouse Style Shelter description: The courthouse style shelters listed for repair on this Bid consist of the following: a southern style shelter manufactured by Brasco International, Inc., a gray 32 Gallon Rib flare waste container model LR3OOR manufactured by Wabash Valley with a dome top lid, a gray 6-foot recycled plastic with multiple armrest bench and a gray U-rack bike rack. A photograph of the shelter is provided in Exhibit A of this document. B. Victorian Style Shelter description: The Victorian style shelters listed for repair on this Bid consist of the following: a Victorian style shelter manufactured by Brasco International, Inc. or LNI Manufacturing, Inc., a gray 32 Gallon Rib flare waste container model LR30OR manufactured by Wabash Valley with a dome top lid, a gray 6- foot recycled plastic with multiple armrest bench and a gray U-rack bike rack. A photograph of the shelter is provided in Exhibit A of this document, C. Rural Style Shelter description: The rural style shelter listed for repair on this Bid consist of the following: a rural style shelter manufactured by RCP Shelters, Inc., a brown concrete waste container from Wausau Tile Site Furnishings model TF 1015 W 19 wIW 19 push -door top and a green U-rack bike rack manufactured by Trilary, Inc. A photograph of the shelter is provided in Exhibit A of this document. II. SPECIFICATIONS A. Paint pretreatment Specifications: The contractor will be required to perform the following pretreatment tasks on items at the shelter where work is to be completed to ensure the surfaces are clean of debris and particles to ensure a quality work product. Pressure wash, fungicide and solvent clean all surfaces to meet the SSPC-SP- 1 Cleanliness Standard to remove any contamination that may be present. After washing, if a visible contaminant is still present, solvent wipe using xylene to remove all remaining contaminants. 1. For Courthouse and Victorian Style shelters: Page 1 of 4 9 Remove as much of existing coating from shelter structure as possible to achieve smooth finish; roof and perforated wall panels may be sanded to a dull smooth finish. Wire brush and/or mechanically abrade all rusting surfaces to bright metal with care not to abrade the surface too aggressively as surface defects may be visible when coated depending on coating thickness application. Solvent wipe to remove all contaminants. Sand the surface to a minimum of a 1 mil anchor profile — preferably 2-3 mils. Solvent wipe to remove all contaminants. All displays on the Victorian style can be removed and reinstalled in the same position or covered to prevent paint getting on plexigiass. They must be clean and reinstalled per manufacturer's specification. Solar lights must be covered to prevent paint getting on the panel or lights. 2. For bench arms; bike racks; and Rural style shelter structure including roof. Wire brush and/or mechanically abrade all rusting surfaces to bright metal. Sand to a dull smooth finish and feather sand out all rough edges. Solvent wipe to remove all contaminants. Sand the surface to a minimum of a 1 mil anchor profile preferably 2-3 mils. Solvent wipe to remove all contaminants. 3. For wood surfaces on Rural Style shelters: Reset all protruding nail heads and putty over until a level surface is achieved. Replace all damaged wood of the seat or roof with new wood with equal size and material. For the wooden benches sand to remove all existing paint, contaminants and stains. B. Paint Specifications: All paint colors are to be matched to the current surfaces unless stated otherwise. Apply all coats of paint according to manufacturer's specifications, To the maximum extent practical, apply each coat of paint as a continuous film, of uniform thickness, free of pores. Repaint all thin spots or areas missed in the application and allow them to dry before applying the next coat of paint. When recoating is required, allow each coat of paint to dry for at least 48 hours before applying the succeeding coat. 1. Painting Specifications for metal surfaces. First spot prime all joints and welds with PPG Amerlock 2. For the first full coat prime bare metal with PPG Amerlock 2 Metal Primer to a Theoretical wet film thickness of 6-7 mils and Theoretical dry film to 4-6 mils. Then apply second coat of Ameron PSX700 with a Theoretical wet film thickness of 2-3 mils and a Theoretical dry film of 1.1-1.6 mils. The total system dry film thickness should be at 5.1 to 7.6 MILS. 2. Paint Specifications far the wood surfaces of the Rural style shelter roof First spot prime where needed with Porter #515 Wood Bonding Primer. For the first coat use Porter #4-808 Clear Sealer with a Theoretical spread rate of 200 to 400 mils. Then apply second coat of Porter 4739 Acri-Shield Acrylic Satin with a Theoretical spread rate of 200 to 400 mils, a Theoretical wet film thickness of 4 mils and a Theoretical dry film of 1.4 mils. The total system dry film thickness should be at 1.4 MILS. 3. Weather and Temperature Limitations far Field and Maintenance Coating: Ensure the ambient air temperature, relative humidity, and dew point and surface temperature of the steel to be coated are within limits recommended by the coating manufacturer. Do not apply coatings when contamination from rainfall is imminent or when the temperature or humidity is Page 2 of 4 G outside limits recommended by the coating manufacturer. 4. Protection of Adjacent Surfaces: Consider wind direction, velocity and geographic location as having a major impact on all cleaning and painting operations. If conditions are such that material is dispersed to areas where vehicles or other property may be damaged, suspend operations until conditions improve enough to permit work without damage. Protect all surfaces not intended to be painted, which are adjacent to, or in close proximity to the surfaces to be painted, during the application of paint. Clean surfaces other than those intended to be painted until all traces of paint have been removed and the surface has an acceptable appearance. Use all necessary precautions to prevent material from cleaning and painting operations from being dispersed outside the work site. C. Repair/Replacements Specifications: 1. Rural Style shelters wood surfaces: Replace all damaged wood of the seat with new wood with equal size and material, Contractor shall provide the wood and hardware necessary for replacement. Bench must be installed correctly to ensure heavy traffic use and weather. 2. CourthouselVictorian Style bench slats, waste container and all bike racks: Replace broken slats of the recycled plastic benches with equivalent provided by county. In the cases that more than 3 slats are broken; replacement of entire bench could be made if is more cost effective. For U-rack bike rack and waste container provided by county include the anchors. All replacements must be installed per manufacturer's specification to ensure warranty. 3. Signs: Remove all bus stop signs and schedule holders attached to shelter structure and reinstall on a separate pole provided by the county on the appropriate bound of the bus. When installing a new pole, locates must be requested to ensure no utilities are damaged. Bus stop sign needs to be installed per FDOT's guidelines; locates need to be requested before digging (See Exhibit B). D. Solar Light Retrofit Specifications: 1. Solar Lighting: Installation of new county provided 55-Watt solar lighting package to retrofit older shelters. Solar lighting must be roof mounted and withstand winds of 170 miles an hour. They will need to be working and programmed to provide light from dusk to Dawn Operation. Solar lighting must be installed per manufacturer's specification to ensure warranty. See instructions are attached to this Bid. III. CONTRACTORS REWIREMENTSIRESPONSIBILITITES (a) The contractor is responsible for providing all materials necessary for the refurbishment of the shelters, benches, waste containers, bike racks, signs, and poles unless otherwise noted above. Page 3 of 4 G (b) The contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CAA Instruction 5807 of the County administrative procedure during all phases of project work. observation of unsafe MOT practices by County Transportation or Risk Management personnel will be grounds for an order to cease work. Continued unsafe MOT practices will be grounds for voiding this contract. (c) The contractor shall keep the area of work protected from the public at all times during the length of the repair. (d) All MOT shall be considered as incidental work and payment therefore is included in the respective contract bid amounts. No material, labor or equipment, shall be added to invoice costs for design, set-up, take -down, or maintenance of proper MOT. (e) All project meetings, scheduled or unscheduled, field meetings, office work, and permit application preparation work shall be considered administrative overhead and incidental to contract work, and is to be performed without billing. (f) The County reserves the right to undertake any work outlined in these specifications by County forces or by other contracts if such action is in the best interest of the County. (g) Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions on major collectors or arterials, except for emergency repairs, No lane closures shall take place between the hours of 6:00 a.m. and 7:00 p.m. between the dates of November 1 st and April 30th without express consent of the Traffic Operations Director. (h) Upon completion of the work, remove any paint drips or spots from the concrete slab and surrounding area, remove from the right-of-way and adjacent property. (i) Restore in an acceptable manner all property, both public and private, that has been damaged during the prosecution of the work, 0) Leave the waterways unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work under contract. Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the consent of the property owners. IV. PRICES Labor quoted shall be an all-inclusive labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. Prices quoted must be firm for the term of the Contract. Any damages to the shelters or county property is the Contractor's sole responsibility, and at no cost to the County. V. WARRANTY The Contractor shall warrant this work to be free of defects in workmanship that would cause the coating to blister, peel, soften, or loosen bond for a period of three (3) years from the date of acceptance by Collier County. Page 4 of 4 9 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 nixed Term Service Agreement 02017-002 (Ver.1) 9 ITB# 20-7687R "Bus Shelter and Amenities Repairs" EXHIBIT B FEE SCHEDULE CATEGORY A - sand and 2oint In arcordonre with the s eci lcatlons noted in the Scope: Rural Style Shelter UNIT LUMP 5 J M has an Unit Quanti Shelter structure including roof, bench and bike rack. 1 Ea. $2,665.00 Shelter structure including roof, bench and bike rack. 5 or more Ea. $2,375.00 Shelter structure, bench and bike rack; not including roof. 1 Ea. $1,825.00 Shelter structure, bench and bike rack; not including roof. 5 or more Ea. $1,700.00 Shelter roof only. 1 Ea. $600.00 Shelter roof only. 5 or more Ea. $500.00 Courthouse Style Shelter Shelter structure including roof, bench, bike rack, and replacement of broken slats and decors. 1 Ea. $3,575.00 hel er structure including roof, bench, bike rack, and replacement of broken slats and decors. 5 or more Ea. $3,200.00 Shelter structure metal surfaces not including roof. 1 Ea. $2,975A0 Shelter structure metal surfaces not including roof. 5 or more Ea. $2,800,00 Victorlan Style shelter Victorian Shelter structure including roof, bench, bike rack, and replacement of broken slats. 1 Ea. $3,400.00 Victorian Shelter structure including roof, bench, bike rack, and replacement of broken slats. 5 or more Ea. $3,200.00 Victorian Shelter structure metal surfaces not including roof, 1 Ea. $2,900,00 Victorian Shelter structure metal surfaces not including roof, 5 or more Ea. $2,700.00 Shelter roof only. 1 Ea. $9oo.0o Shelter roof only. 5 or more Ea. $800.00 Stop amenities; bench, bike rack and replacement of broken slats. 1 Ea. $600.00 Stop amenities; bench, bike rack and replacement of broken slats. 5 or more Ea. $500.00 CATEGORY B - Reaairs/Replacements in accordance with the snecI nations aafed in sc»pe: Rural Style shelter IT LUMP sum Replace bench seat and support components; include woodimaterial cost. 1 Ea. $700.00 Replacing bench seat and support components; include wood material cost. 5 or more Ea. $800.00 Courthouse/Victorion Style Shelter Replace bench per manufacturer's specifications; securing to slab. 1 Ea. $450.00 Replace bench per manufacturer's specifications; securing to slab. 5 or more Ea. $425.00 Replace waste container per manufacturer's specifications; securing to slab. 1 Ea. $315.00 Replace waste container per manufacturer's specifications; securing to slab. 5 or more Ea. $300.00 Replace bike rack per manufacturer's specifications; securing to slab. 1 Ea. $175,00 9 Replace bike rack per manufacturer's specifications; securing to slab. I 5 or more I Ea. I $170.00 Replace broken slats of the recycled plastic bench with equivalent provided by county and install per manufacturer's s ecification. 1 Ea. S350.0e Replace broken slats of the recycled plastic bench with equivalent provided by county and install per manufacturer's specification. 5 or more Ea. S325.00 All Style Shelters Remove and reinstall bus stop sign on a pole provided by the county per FIDOT's guidelines with locates. I 1 I Ea. 1 $425.00 Remove and reinstall bus stop sign on a pole provided by the county per FDOT's guidelines with locates. 5 or more Ea. $400.00 New install of bus stop sign on a pole provided by the county per FDOT's guidelines with locates. 1 Ea. $425.00 New install of bus stop sign on a pole provided by the county per FOOT's guidelines with locates. 5 or more I Ea. S400.00 w++�uurr r_c. - nerrvrr,r 1n QCCUrRRr![e w![It [ne saeCdTfCOrtIDRS noted fn the SCOUe: Solar Lighting QTY UNIT LUMP SUM Retrofit shelters with new solar light provided by county; per manufacturer's specification. Ea, Retrofit shelters with new solar light provided by County; per manufacturer's specification. 5 or more Ea. I 56ol ❑ther Exhibit/Attachment Description: Federal Contract Provisions (FTA) 0 following this page (containing 40 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement t12017-002 (Ver. I ) 9 EXHIBIT 1,A FEDERAL CONTRACT PROVISIONS (FTA) FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. in cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1 ] The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub -agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower -tier subcontractor or service provider. STATUTORY AUTHORITY Urbanized Area Formula Program a. Federal Transit Laws, Title 49 U.S.G. 5307 b. 49 CFR 1.51 PROGRAM OVERVIEW The Urbanized Area Formula Program, codified at 49 U.S.C. 5307 ("Section 5307"), is authorized under the provisions set forth in the Moving Ahead for Progress in the 21 st Century Act (MAP- 21), Public Law 112-141. FTA OVERSIGHT The COUNTY may be subject to a triennial, state management or other regularly scheduled comprehensive review to evaluate performance to determine recipient program and certification compliance. .Soumea ref 17A f-Y14 Cemp. fierier Guide fnr Procuremem, DOT PIA FY18 Mancr Agrrrmrnl Genemlly Appkcahle !'mar mm, FIA Beg( I�mclice.e Pmc,rer ew fhr 2016 Revised 3.19 FCP-1 CAU EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS [FT APPLICABLE FTA PROVISIONS APPLICABLE CONTRACT CLAUSE N 1. Access to Records and Reports ® 2. Accessibility (Americans with Disabilities Act) ® 3. Bonding (Construction Exceeding $250,000) ❑ 4. Bus Testing ❑ 5. Buy America ❑ S. Cargo Preference ❑ 7. Charter Service Operations N 8. Civil Rights Laws and Regulations (EEO, Title VI, & ADA) ❑ 9. Clean Air Act and Federal Water Pollution Control Act (>$150K) N 10. Contract Work Hours and Safety Standards Act (>$100,000) ® 11. Copeland Anti -Kickback Act Section 1 and 2 (42,000) N 12. Davis Bacon Act {Applies to Construction >$2,000 ® 13. Debarment and Suspension >$25,000 ❑ 14. Employee Protective Arrangements N 15. Disadvantaged Business Enterprises (DBEs) >$3,500 ❑ 16. Drug and Alcohol Testing ® 17. Recording and Reporting Occupational Injuries and Illness; Safety and Health Regulations for Construction N 18. Energy Conservation ® 19. Federal Changes ❑ 20. Fly America ® 21. Incorporation of Federal Transit Administration (FTA) Terms ❑ 22. ITS Standards (Intelligent Transportation Systems) N 23. Lobbying (>$100,000), Anti -Byrd ® 24. No Government Obligation to Third Parties ❑ 25. Pre -Award and Post Delivery Audits of Rolling Stock Purchases ❑ 26. Patent Rights, Rights in Data and Copyrights ® 27. Program Fraud and False or Fraudulent Statements and Related Acts ® 28. Violation and Breach of Contract (Legal Remedies, Admin) ® 29. Prompt Payment and Return of Retainage ® 30. Recycled Products (>$10K per Year) ® 31. Safe Operation of Motor Vehicles ❑ 32. School Bus Operations N 33. Seismic Safety N 34. Special DOL EEO Clause for Construction Contracts >$I0,000 N 35. Special Notification Requirements for States (State Provisions) ® 36. Termination Provisions >$10,000 N 37. Privacy Act ASSURANCE Certification and Report Certifications >$150K I Purchase Waiver Complete (2) Forms (Anticipated DBE Form. Bidders List) Certification Certifications Snv+ , nJ F7A 1•YIR Comp Hewew C;ur(klnr Arr+cireurenl; rX)T 1,TA 1•Y)8 Hasler ARrrrmrnf Gerrrmlly Applicable 11-mons. l•7•A Re,e+ l'mcric�es l'rocr+rrmrnr lJc+ 2a16 Revised 3.19 FCP-2 0 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) APPLICABLE CONTRACT PROVISIONS (1-37) 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier) a. Record Retention, The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third - party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 2. ACCESSIBILITY (ADA) Facilities to be used in public transportation service must comply with the American with Disabilities Act, 42 U.S.C. § 12101 et seq.; DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. part 37; and Joint Access Board/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. part 1192 and 49 C.F.R. part 38. Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access Board's `Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the ADAAG and the DOT amendments. 3_BONDING REQUIREMENTS (Applies to Subcontracts at Every Tier) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the COUNTY and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the COUNTY 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 [one hundred twenty (120)] days subsequent to the opening of bids, without the written consent of the COUNTY. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [one hundred twenty (120)] days after the bid opening without the written consent of the COUNTY, 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 'COUNTY's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the COUNTY as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense the COUNTY for the damages occasioned by default, then the .cource.s W FlA YYM C:vmp. Review Gwde f;r Proc+rremen7, 007 1.7 P FY13 Mum, Rg"emenl Cmfiemlly 4ppIn-bk Prowsoom. !-TA Bes+11ra iice.s I'mr—mmi CkI. ;016 Revised 3.19 FCP-3 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FT. undersigned bidder agrees to indemnify the COUNTY and pay over to the COUNTY the difference between the bid security and (Recipient's) total damages, so as to make the COUNTY 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 hands or letters of credit shall be approved as to form by the County Attorney. A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at https://www.fiscal.treasuresgov/fsreoorts/ref/surety8nd/c570.htm. 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 COUNTY shall determine the amount of the advance payment bond necessary to protect the COUNTY. 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 COUNTY shall determine the amount of the patent indemnity to protect the COUNTY. Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to the COUNTY, 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 the COUNTY, 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 COUNTY 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 the COUNTY and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the COUNTY. 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 the COUNTY written by the same corporate surety that provides the Performance Bond and Labor and Material Sources reJ VFA NY18 Comp fl-�o, C;uutrJnrl'mrrrrrment, VOT1.7A 1113 Masrrr Agrremrttl Generally Applicahlr Prati4x s. NIA Best Practices Procurement Oct. 2016 Revised I 19 FCP-4 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS 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 HUNDRE❑ PERCENT (100%) of the CONTRACT SUM, as adjusted (if at ail). 4. BUS TESTING The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient. 5. BUY AMERICA REQUIREMENT (Applies to Subtracts.) The contractor agrees to comply with 49 U.S.C. 5 32 30) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and includes microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C,F,R, 661,11. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (Attachments) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. The small purchase waiver is now included in 49 U.S.0 53230)(13) and provides that the term "small purchase" means a purchase of not more than $150,000. The small purchase waiver applies to purchases of $150,000 or less, regardless of the size of the project. Therefore, purchases made with FTA financial assistance, including capital, planning, or operating assistance, are subject to the waiver. B. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States -Flag Vessels The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading,); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 7. CHARTER SERVICE The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r) and 49 C.F.R Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U,S.C, § 5323(d); 2. FTA regulations, "Charter Service," 49 C.F.R. part 604; Svumv MJ. 1•IA 1Y19 Cnmp Her-ien• rnidefnr Pmcr =PF,, IX) T1.7AI- Y IA Mas7er Agreement Oenemlh Apryhmh fe Pnn•rsro %.1,7A Seal Pnrcoiees Pme."nirm lkf.;Olh Revised 3 19 FCP-5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FT. 3, Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. The contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter Service regulations; or 3. Any other appropriate remedy that may apply, The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. 8. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer, As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age, In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Religion, National Origin, Sex, In accordance with Title VII of the Civil Flights Act, as amended, 42 U,S,C. § 2000e et seq., and Federal transit laws at 49 U.S.C, § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. 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, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U,S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue, IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural S Ilmes +f F/A !•YIR C.'vmP. Rerim Gook-lar Prcx imnen+• IX1117A 7•Y1R Masser Agrcmenl lirnerully Rlyrl�euh Jr !'m5vsrnxs. h lA Brs+ �'rsnlices Prvc++nmenr lhl.:U16 Revised 3.19 FCP-6 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applies to Subcontracts OVER $160.000 at Every Tier) The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 — 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 10. CONTRACT WORK HOURS AN SAFETY SANDARDS ACT (Applies to Subcontracts at Every Tier) For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), 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 this clause 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 this clause. The FTA 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 this section. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in 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 this agreement. Contract Work Hours and Safety Standards for Awards Not Involving Construction Xonrve. ref.. PTA MS Comp. Review Guide f.or Pmcnremen 170T'1,-JA FTIS Mustrr Agiremrvt C:rnrroily Applimble PM-1-5 FIA Brat PftWf,rr., Pmcnremeni Cki. 2616 Revised 3.19 FCP_7 0 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non -construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 11. COPELAN D ANTI -KICKBACK ACT For all construction contracts >$2,000, the Contractor agrees to comply with the Copeland "Anti Kickback" Act (Copeland Act) provisions. The Contractor shall also comply with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States." The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled, The Copeland "Anti Kickback" Act (Copeland Act) is divided into two sections. Section 1 of the Copeland "Anti -Kickback" Act, at 18 U.S.C. § 874, prohibits anyone from inducing, by any means, any person employed on construction, prosecution, completion, or repair of a federally assisted building or work, to give up any part of his or her compensation to which he or she is otherwise entitled. Section 2 of that Act, at 40 U.S.C. § 3145, and implementing DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. part 3, imposes record keeping requirements on all third party contracts for construction, alteration, or repair exceeding $2,000. Under Appendix II to 2 C.F.R. part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, recipients' third party contracts must include a provision for compliance with the Copeland "Anti -Kickback" Act, as amended, and implementing DOL regulations. 12. DAVIS BACON ACT For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis -Bacon Act, Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis -Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by Department of Labor regulations (29 C.F.R. part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. (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 Sooemes ref F1A F•rf8 Camp Review Guide fOl Pracnrrmrnl, DCYrF!•A 1,1'18 Master Agreement Gemmily Applied6lr Prawns ,, f•7A Brrt Pmctrcr.r Procuremenr Chi 2016 Revised 3.19 FCP-8 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary, (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 34 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) Sorrre's ref. 1-TA I•Y!8 C: P. He view Grade for l'raurnmenl, DOT F IA I-TiN Musfer Agnemew Gemml7lj- Appk whle Pmwions. 1•7:1 Ren 11rwuice,r Pmcnremenf pu. 2O 16 Revised 3.19 FCP-9 a EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (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 .Source., ref: 1.7A I-F18 ! nmp. &Wc.• Grade for Pnk ur —w IN71 17A l Y1R Ma.errrggrecmen! C.'emmlli• AppfrruFle PraOsrona• HA R-0 Pr ficea 1'rocwrrmeni C7cr 7016 Revised 3.19 FCP-l0 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Collier County may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project), Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(8) 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, ❑C 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form 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. .Snaree.s mf. PTA PY18 Can Review Grille/or Pmcrrrrmenr, 007 7A I�YIN Maner Agreement Genrrerlly Applicohle Pnrrrnns; I.7,1 Re.rr I'rncrrre.r l'mcurc�arrnr!]rr 1016 Revised 3.19 FCP-1 1 EXHIBIT 1,A FEDERAL CONTRACT PROVISIONS (FTA) (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 entices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee .Saxrces ref h7A hY18 Comp keiiew Gnule for Powe" rmenr DO PJA 1118 Ad askr Agmemem Gi nemlly Applicable 11mvisinns, 11A Beal Fr (ices 1'mcrrremenf Uci. 2016 Revised 3.19 FCP-12 0 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) 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) EguaI 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 36. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5, (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5,12, (8) Compliance with Davis -Bacon and Related Act requirements - Ali 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 Svurces ref.: M FY18 Comp. Review Garde for Pmcaremcnt, VOT HA 1178 Miner Agreement Gewmlly Applicable 11mvisms. FTA Fes? Practicvx Pmcarenkem Ocr. M16 Revised 3.19 FCP-13 0 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA) DOL WAGE DETERMINATION "General Decision Number: FL20200201 01/03/2020 Superseded General Decision Number: FL20190201 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.B0 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the E❑ minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a){2}-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 ASBE0067-003 03/01/2019 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR... .....................$ 28.30 16.06 ---------------------------- ELEC0349-008 09/01/2019 5arme.r rej. pTA FY18 Comp. Review Guide far Pmcummeal. DOT HA FYIB Masi -Agreement Grmmlly Applicable Provisions, 1.1A Hcn pmc+ices pm__0 (TC1 10M Revised 3.19 FCP-14 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FT, Rates Fringes ELECTRICIAN (Includes Low Voltage Wiring) ..................$ 31.05 10.38 ----------- ELEV0074-001 01/01/2019 Rates Fringes ELEVATOR MECHANIC ................$ 41.17 33.705 FOOTNOTE: A. Employer contributions 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; Employer contributions 6% of regular hourly rate to vacation pay credit for employee who has worked in business less than 5 years. Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; The Friday after Thanksgiving Day; and Christmas Day. ------------------------ ENG10487-021 07/01/2016 Rates OPERATOR: Crane All Cranes 160 Ton Capacity and Over ........... $ 33.05 All Cranes Over 15 Ton Capacity ....................$ 32.05 OPERATOR: Forklift ..............$ 23.25 OPERATOR: Mechanic ..............$ 32.05 OPERATOR: oiler .................$ 23.50 ---------------------------------------- * IROND397-007 07/01/2019 Rates -------------------- Fringes 9.20 9.20 9.20 9.20 9.20 -------------------- Fringes IRONWORKER, STRUCTURAL ........... $ 30.85 16.47 -------------------- * IRON0402-001 01/01/2019 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 23.69 12.70 ---------------- SFFL0821-004 01/01/2019 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 28.38 19.44 SCIFL2014-009 08/16/2016 Tr________________ .Sorrrres ref !•7:4 PT78 Cramp. ReVteW G""k far Pm 11-rweni; DO"11.7-A 7•T1A louder Agrer ,, G... mily Applicwhle P M Brsr Pre fi es Pmuwmem Oa 2016 Revised 3.19 FCP-15 0 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Rates Fringes CARPENTER ........................$ 18.00 0.64 CEMENT MASON/CONCRETE FINISHER ... $ 14.85 0.60 IRONWORKER, REINFORCING .......... $ 26.37 12.65 LABORER: Common or General, Including Cement Mason Tending ... $ 12.25 1.03 LABORER: Pipelayer..............$ 14.00 1.40 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 22.07 8.80 OPERATOR: Bulldozer .............$ 15.40 1.90 OPERATOR: Grader/Blade .......... $ 18.97 0.00 OPERATOR: Loader ................$ 14.00 1.40 OPERATOR: Roller ................$ 14.43 4.78 PAINTER; Brush, Roller and Spray ............................$ 14.72 2.13 PIPEFITTER .......................$ 21.36 7.93 PLUMBER ..........................$ 18.01 2.88 ROOFER ...........................$ 19.00 1.17 SHEET METAL WORKER, Includes HVAC Duct Installation ........... $ 19.10 3.27 TILE SETTER ......................$ 18.01 0.00 TRUCK DRIVER: Dump Truck ........ $ 13.22 2.12 TRUCK DRIVER: Lowboy Truck ...... ---------------------------------------------------------------- $ 14.24 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. SO-, f: 7•'!'A YY18 C=amp. Review Gdidefor Pr Pfmnenr• DOT 1•7i P Y18 M-l" 48rre omG:-em#F Applrrnhle 11rovisions•1•YA Sesr 11-ewe1 Prurrrre•n fal..1016 Revised 3.19 FCP-16 (9 EXHIBIT 1,A FEDERAL CONTRACT PROVISIONS (FTA) Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member for person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body ❑f each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "'SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all sources MI. F'1'A F'YIR C.'nmry. Hevieu chide v, Pmo,rcmenf; 1)01 l-' 4 J'Y18 INUsrer Agwmenl Cv--Ily Apphl hlr Nros-i.rums. PTA Besi 11racfices Pmc—mm, (kf.:Ulb Revised 3.19 FCP-17 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FT. rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. OB/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Nnumes n7 1.7A M8 Comp Rem C Gk. for l'mcli emrm. 1)07' 1•IA I. Y18 Mar+rr Agnemenl Genrnilly Applicable Pmnxoom: PIA Besr P,=hce.r Pmcurcmenr Oct 2016 Revised 3.19 FCP-18 0 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.B and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" .Soarr s mj. h7A FY18 Camp. Itetom Cwde for Pr currmeni; IJOT RA FOS M v-Xgnem-, C;enrmlly Appk—h?r 11m,•m mr. PTA Berl Pmcficcx Pmm"P- a+ Ocr. MR Revised 3.19 FCP-19 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) 13. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award, b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. 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 the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, 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 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, 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. 14. EMPLOYEE PROTECTIVE ARRANGEMENTS, PUBLIC TRANSPORTATION The Contractor agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): 1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U,S, DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case -by - case determinations of the applicability of 49 U,S,C, § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. 15. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tierl It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in 49 C.F.R. part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT) —assisted contracts. It is also the County's policy to: 1. Ensure nondiscrimination in the award and administration of DOT— assisted contracts; 2. Create a level playing field on which DBEs can compete fairly for DOT -assisted contracts; 3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs; 5, Help remove barriers to the participation of DBEs in DOT assisted contracts; .Sources ref.: FfA 1'Y!8 r Mp. Am - Grink for Pronrremene, UU1 PIA FFM Masrer Agrremew Gem -fly Applicable Pmwivns, PIA Bev Pmelicer Pmcurcrmnr Oct 2016 Revised 3 19 FCP-20 EXHIBIT 'I.A FEDERAL CONTRACT PROVISIONS (FTA) 6, Assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: 1. Certified by the Florida Unified Certification Program; 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or, 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 1.77%. A separate contract goal has not been established for this procurement, Proposed Submission Each Bidder/Offeror, as park of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List. Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainag e from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. .Soune.r "J. FTAMR C n-p. itnlr- C-ide JU/ 1'rOCH+i°-Cnf- DOI'17A 1-7'18 Mnsler Agreement Gemn ly App7iwNe Pmuraronr, fTA &v Pror+—, 11—0 Oct 2016 Revised 3.19 FCP-2 t EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request, The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below, Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. https://fdotxwPD2.dot.state.fl.us/EgualOpportunityOfficeBusinessDirectory/CustomSearch.asox Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www.collier, oq v.net/your-govern_m_e_nt/_divisions-f-r/public-transit-neighborhood-enhancemenUour- services-/coil ier-area-tran sit-cat/dbe 16. DRUG AND ALCOHOL TESTING The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the Florida Department of Transportation, or the COUNTY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify and submit annually its compliance with Parts 655, Florida Statute 341.061, and Rule 14-90 Florida Administrative Code before January 201" to the Public Transit & Neighborhood Enhancement Division Director, 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. The certification will also include compliance with its adopted System Safety and Security Program Ptan pursuant to Florida Rule Chapter 14-90. 17. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESS; SAFETY A N Q HALT REUGLATiONS FOR CONSTRUCTION The Contractor will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the Underlying Agreement, including the: 4 Construction Site Safety of: b) U.S. DOL regulations, "Recording and Reporting Occupational Injuries and Illnesses," 29 C.F.R. part 1904; "Occupational Safety and Health Standards," 29 C.F.R. part 1910; and "Safety and Health Regulations for Construction," 29 C.F.R. part 1926. .Cnnrcer rcf. I -TA FTIR (-' p. Rome- G-4k for 11 o io ment. LQT 1•T,1 FrO Mnstrr Agre—( Genralty Applkahle I'm visions. F IA Best Procurer Pmrum—m (ki IO I6 Revised 3.19 FCP-22 e EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) 18. ENERGY CONSERVATION (Applies to Subcontracts at Every Tier 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, 19. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 20. FLY AMERICA (Applies to Subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States, • "United States" means the 50 States, the District of Columbia, and outlying areas. • "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411, b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government -financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign -flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U,S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See FAR § 47.401 [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 21. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (IFTAI TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions, All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. .Sore f. FTA I -YIN C—p. Hevwf C'w.k.f—l'm—remem.DOT FIA F Y16 Master Agrermem CknemI4 Applicable Provisions, FABest Pfice,e Pmcommen+ 0cl.MI Revised 3.19 FCP-23 0 EXHIBIT 1,A FEDERAL CONTRACT PROVISIONS !FT 22. ITS STANDARDS Section 5206(e) of the Transportation Equity Act for the 21 st Century, Public Law 105-178, 112 Stat. 547. pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation (US DOT). 23. LORRYING Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient, 24. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Contractor shall 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 Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. it is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions 25. PRE -AWARD AND POST DELIVERY AUDITS OF ROLLING STOCK PURCHASES The Contractor agrees to comply with 49 U,S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre -award and post -delivery audits performed pursuant to 49 C.F,R. part 663 and related FTA guidance. 26. PATENT RIGHTS, RIGHTS IN DATA AND COPYRIGHTS REQUIREMENTS (Applies to Subcontracts at Every Tier) Intellectual Property Rights This project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by FTA or U.S. DOT, The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall, at a minimum, include the following restrictions: Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA 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. For purposes of this agreement, the term "subject data" means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of "subject data" include, but are not limited to computer software, standards. specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract. Soeer r ref Pl7; 1.7'18 C. p Rcwen• G (k for 11r iomwnk 1,W)"! PTA FT18 Mamr rAgnemrnf Gemmlly Appli-A le l'm ri rrnxs. F'1•A Berl Pr ixer Prvcrrrrnnrm lkr 2016 - Revised 3.19 FCP-24 0 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FT. 1. 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 below. 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. a. Any subject data developed under the Contract, whether or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA. 2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of the 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 this Contract, is not completed for any reason whatsoever, ail data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. 3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees 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 Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. 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. 4. 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. 5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. 6. 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. 27. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier (i) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seg, and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (ii) 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. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the Contractor, to the extent the Federal Government deems appropriate. Snurees mJ PTA FYl8 Comp Ilea— Garde for 1'rvcnnu+enr. DOT 1•T,1 FYIS Um,Ag-wnl Generally- Apphwhle 1'mmims 1.1 A 8es+Prwices 1'mc+.nmenf (kP "16 Revised 3.19 FCP-25 CA EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (iii) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 28. VIOLATION AND BREACH OF CONTRACT (LEGAL REMEDIES, ADMIN) (Applies to subcontracts at every tier over $150,000) Disputes - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 29. PROMPT PAYMENT AND_ RETURN OF RETAINAGE (49 C.F.R. part 26) Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. 30. RECYCLED PRODUCTS t pplies to subcontracts at every tier for purchases �10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,0091 Recovered Materials. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. 31. SAFE OPERATION OF MOTOR VEHICLES (Agplied to Subcontracts at Every Tier) Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased either by the Contractor or AGENCY. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this agreement. .Sovnes m f. VIA P 118 Camp Rear(,- 6 de f" paxf,minenr. lH711•1A VYIS 4fam- Agreemeaf Grnemi4 AlWo blr Pmwsrr . h-IA Bev P1 eices Pmc ftniem a1. 2016 Revised 3.19 FCP-26 0"10 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) 32. SCHOOL BUS OPERATIONS The contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under: i. Federal transit laws, specifically 49 U.S.C. § 5323(f); ii. FTA regulations, "School Bus Operations," 49 C.F.R. part 605; iii, Any other Federal School Bus regulations; or iv. Federal guidance, except as FTA determines otherwise in writing. If Contractor violates this School Bus Agreement, FTA may: i. Bar the Contractor from receiving Federal assistance for public transportation; or ii. Require the contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment, vehicles, or facilities. The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 33 SEISMIC SAFETY REQUIREMENTS [Applies to subcontractors 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. 34. SPECIAL DEPT. OF LABOR EEO CLAUSE FOR CONSTRUCTION CONTRACTS (Applies to contracts and subcontracts a$10,000). Equal Employment Opportunity Requirements for Construction Activities. The Contractor will comply, when undertaking "construction" as recognized by the U.S. Department of Labor (U.S. DOL), with: (a) U.S. ❑OL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.G. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. [(FTA Master Agreement (24), 10-1-2017; § 12.d(3)j 35. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES STATE GRANT PROVISIONS Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officlals: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the .Sour s ref.: FTA M8 Camp. Review Glide folFr "ffinenf; POT PTA FY18 M}asrer Agreemenf GenemllyAppp[ahle 1'mvralons. MA Rev Ary (,r s Pmen"menf fkl I076 Revised 3.19 FCP-27 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Restrictions, Prohibits, Controls, and Labor Provisions: During the performance of this contract, the following provisions are to be included in each subcontract entered into pursuant to this contract: aj A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. cj An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the County. dj Neither the County nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the County or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the County, the County, with prior approval of the Florida Department of Transportation, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The County shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Fiorida Statutes. Employment Eligibility (Using E-Verify): a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement: and sources Mi.. VIA PYJ8 Comp He view Gmide for 1'mcaremew: V01 1•7A 1, y18 MoverAgreemeal Gemrally Applicable rmw cons, VIA hest 1'mcleces Pmcurrmcnl N1. 10M Revised 3.19 FCP-28 � 9) EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT, b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor or subcontractor during the Agreement term. 36. TERMINATION (Applies to Subcontracts at Every Tier in Excess of $10,000) All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. i. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the COUNTY'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 the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the Contractor will account for the same, and dispose of it in the manner the COUNTY directs. ii. 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 COUNTY may terminate this contract for defauft. 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 COUNTY 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 COUNTY, 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. iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY'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 COUNTY setting forth the nature of said breach or default, COUNTY 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 COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. iv. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. v. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, 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 COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. vi. 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 .Sources ref PTA PY18 Cantu. Rmew Gwdr fir Pmcumienf. V01-i-1A 1•Y18 MourrAgwe+v m Gvnemlly Appharhle Pmwsrons. PTA Best Pm oM " Pmcrreemenr Clcr. 2016 Revised 3.19 FCP-29 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) with any other provisions of this contract, the COUNTY may terminate this contract for default, The COUNTY 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 COUNTY. vii. 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 falls to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY 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 COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. viii. 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 COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY 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 COUNTY 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 COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if - a, The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include-. acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and b. The contractor, within [101 days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY 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 COUNTY. .Sai,mrs ref. Fl:l Frig C.' p Re.-. G.dr f- P,."mea D07 HA 1- 118 Master Agreement Genemilp Apph-ble !'rn n—s. !TA B,v P�nrea f'moo"menl CM ?Ulf+ Revised 3.19 FCP-30 9 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS ix. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY 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 ❑fficer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the COUNTY, 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 COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. 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 COUNTY. x. Termination for Convenience of Default (Cost -Type Contracts) The COUNTY 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 COUNTY 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 COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY 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 COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, 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 COUNTY 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 COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 37. PRIVACY ACT REQUIREMENTS Applicability — When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micropurchases ($1 Q,t]Q4 or less, except for construction contracts over $2,000) The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties Sources ref MA Fri C.'nmp. He view G"ide fur Pa crremew: 007f7A I-TIS Mosirr Agmrww l:rnrmlly Applicable Pmvuims. PTA Best Prvcr+ces Procaremenl Cki. Z01G Revised 3.19 FCP-31 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. .Sourcra ref.: 11A 1,718 C:m,rp. RRVIf. Garde for Pracunmen+, LOT FTA T•YI8 A{u,rrrrAgmemrnr C gwrally Appl+coAlr Provisions; I T:4 Bes, Proc+lcra Pmrnremrnr Oct. 1016 Revised 3.19 FCP-32 CA EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES 5FTA GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE Page GCA-2 GCA-3 GCA-4 GCA-5 GCA-6 GCA-7 GCA-8 Certification and Form Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Certification of Lower -Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion Collier County Conflict of Interest Certification Anticipated DBE, MIWBE or VETERAN Participation Statement Bid Opportunity List for Commodities and Contractual Services and Professional Consultant Services Certification Regarding Lobbying Acknowledgement of Grant Terms and Conditions GCA - 1 Collier County Solicitation 20-7687R_ EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters _ Primary Covered Transactions (1) The prospective primary participant certifies to the hest of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any .Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining_ attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery. bribery, falsification or destruction of records, making false statements, or receiving stolen property: (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the otienses enumerated in paragraph (1)(b) of this certification, and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal. State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. N arne T2--r. 'Title Z 7csrj GZL"�U�v�1� fi T� � Project Name Project Number d in,] & s , 6(,,-7 -158-13 Firm Tax 1❑ Number DUNS Number treet Address, City, Stat� 'Lip Signature GCA-2 121201201E 2:45 PM 68 Collier County Solicitation 20-7667 *__ EXHIBIT LB GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification of Lower -Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion (1) The prospective Lower -Tier participant certifies to the best of its knowledge and belief. that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain. or performing a public (Federal. State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (lxb) of this certification: and (d) Have not within a three-year period preceding this appficationlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where [lie prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Title Firm ��iLc �,�. z• R�Pa�. s Project Name too . I (�Pg ---I l_ Project Number Tax I NNumber ? 19 ozMa DIJNS Number Street Address, City, State, Zip — - - -- Signature GCA - 3 12120/2019 2!45 PM p. 69 9 Collier County Solicitation 20-7687M EXHIBIT 1.B 2,.-t681 Collier County Solicitation No. GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification I, J (t-L LMn _ 'YV Nr2-V hereby certify that to the best of my knowledge. neither 1 nor my spouse, dependent child, general partner, or any organization for which l am serving as an officer, director, trustee, general partner or employee. or any person or organization with whom l am negotiating or have an arrangement concerning prospective employment has a Financial interest in this matter. l further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom l have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which i am seeking a business relationship nor which l now serve actively or have served within the last year are parties or represent a party to the matter. 1 also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be atTected by the matter. and to disclose any interest 1, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. arnc Signs ure 3 dt2��Za2� Position Date t t I Privacy Act Statement Title i of the Ethics in Government Act of 1979 (5 U-S.C. App.), Executive Order 12674 and 5 C F R Part 2634, Subpart I require the reporting of this information. The ptlmary use of the information on this Form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made; (1 ) to a federal, state or local taw enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if (lie government is a party or in order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections, (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the 0GEIG0VT-2 executive branch -wide Privacy Act system of records. GCA - 4 12/20/2019 2:45 PM p. 70 .. CAD Collier County Solicitation 24-768712— EXHIBIT 1.13 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT $Sat Hs .sell be verf54p. SSai17iL ,-I tegnrra :f74 Pp M! :5 ei:he? Otcrrda a rev.: ad St atem.ent x pro%A4 Scurce &'Curmnt BSron that •:a ldatei a status. A. PRIME VENDOR/CONTRACTOR INFORMATION a: 1. ...'E FE 1 M-IIEP C}f.I- `C= 1„F AM U`,T S' -D(p-7Z$a•5 TEE aR:'.1t . es OR DA-CWrF ED CIa',,7 ..GEu. r-E-,arj : TNi 1-5; tiONTFa 7 .'.'1!M3AITY00 j?;ot.,EN 6Uk?iEss EVTEPARESEt j .DBE=MMWBEk Of H41•E a 1NIALL DISAD'<ANTA;E: ' BE; � C+3NSTPUCrlQN ? ti SV; 'iM SA CERTO CAT!M FROr.• T!7=_ ".IALL j! t FAA if CONSUL -AT CN% ^. RJTId!:t A SERi,(E DtWLEC y © OTH.ER? v 15 -*I S S•N 6' ?'. : EVI;lAt•!� F ,E" FE'. =•Ord NLIM Of 8, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE MIVYBE SUSCONT"CTOR OR SUPPLIER TYPE OF w0Rx OR ETMNICtTY CODE SU8J$VPPLrER PERCENT OF CONTRACT VETERd NAME SPECIALTY ISee below} LOLL" AMCLlNt -OrsL: C. SECTION TO BE COMPLETED BY PRIME VENDORICONTRACTOR NAME OF SUbMITTER DATE ; rILE OF 5UB%9rrTFR r� t� .1 �pl-�,;.�, 3lz4-rrm2b 5 EMAILADDRESS OF PRIME ISUSMrTTER) TELEPkONE NUMBER FAX NUMBER rlp-E: 'h s iA•cfr lnon rs usod to ;rack and •EKM anbGpated DOE ce m.BE varncrpltian In f4+fe4at r'Urbo&d tontraCs -hq antmpated DEE or MBE Amount IS vo! Unta r, Md Lxi4 not become ]a1 of th! CDntract a terms- -hls `Orr Ri LIS -. be SL ".Ited at C: me of ?e spi;'MSe to i W-: atlon f and when a&arded a Counr, cant, Act, the Dtime wpIi be asked to up"te tht !n`armation for the grant camp -lance ` t_ ut"ClTr Cott Vack .LSHlrIcaR BA lVsoan-Ic ❑r'?ratan t-.A 'iative Ameriean Ns S�bcczt. 14 all s^•er,[an Ssu Asian-Patific4rftrKan APA •Ion-?: Incri-: !;Dyne yr<yl• Other not of arty athlr (rQU p 149ted O D. SECTION TO BE COMPLETED BY COLLIER COUNTY Fat.7: C 7."iTk.A C- I ACCEPTED BY DATE ceA - s 12/20/2019 2.45 PM p- 71 cr�t>' Collier County Solicitation 20-76871L EXHIBIT I.B CRANT CERTIFICATIONS AND ASSURANCES .:tt:-r _..-. .-. - rl-r. .. MD OPPORTUNITY LIST FOR COMNIMTIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSLILTMIT SERVICES I it +s t^e porrCy or COi1.Ir Cvun 1y Itvr d-sad. anraged bus,messes and rru�orty renOprs. as ae,. ^ed •n ;-e Cnde e flede a' 'g, + [ens f C.Fa l cr rn+r.JX :W0t.s ,FS. r^ydt.`.v:t r52 aP;4—un.rp :7pCq-WG!e A :onrrdGt, withfedf'ts� a w'arsrC:e :raM: 15119tan1:12 Or m; Comrilct or: prrrrl a Co is :1' Te nt A) 7j address arl,7Prrnefrumber � a.6 n l- prrO s".Z / L i 7U► f"('0to S Prarurement N UnVbeC G cve F':sere rtt ri u'nw -'7! Eist be:pw rs artanded so be a of forms that are, or attempting to, ar.p.gate on the prq pC., numbered above_ The list must mdude the' frrrl baddmg w guutint as prmi, as we I as subs and stlndlens satin; far parrc,pation Pnmt contrXtors and rdnsuttants mast ixc'.7de ,rrlormation for Numhers 1. Z. 3 - and d:. and. should pro'. de an -nf ormation they have for Numbers S, 6. 7, and E. Tins form mint be submmed with tme W package 1. FederW Tax It: F vfter 6. :;- - MZ-11SIM 0 a 1 9 Arm sal CTO" Aecerptl Z Frrm Narne ,y�j Mn-DBE teS1 that, 11 mxkon 3. Phone njim. be [ Qi[7 t'reen 5 1-5 l•,-_'ir,,1 s. Address xj Sa.�,.7 Bet,.een'4 5-10 rnrrlion S 84A0 ---xdntrw- - nerr.een a 10-15m• lion u �Cprlruhant F.10: t than 5 15 rn Vion S. rear F•em E:tar}lrs`,zd 1914. 1. Federa Tar la NuMW �t 6. oes a Annual Gross aet"5 :. FIfT}- NaT17e rlcet-Ot3E L-&sS than ; 1 mu, -on B. Phone ^:umber Betwelri $ 1.5 rmFi ion 1 ACdres: Between S $.10 mrblon 7.8 5vbcontracx Setr.een:10.15mrliiocl Suteonsu'tant r,'ara than 5 15 mr, Loon S. Y-ar F,rm EvitifivY 1 Fetlera: Tax lZ: •iurnbe-r - . „- t� 6. • M 8 Annual i ross Receipts 2 F•rn, Name riCn-6SE Less than ; 1 mbion 3 Phone .tmn b-r B!t'neen $ 1.5 r++Kiorl S, Address berr.een ; 5.10 mr:ion 8 subcomraczor t3et'r. etrl 5 10-15 m'I-rpn Sut:CCntutant IAort than+S 11 moJon F;c?rl• Tot ', %u stv"r 6. 8 p>wE 3 "I nyal *COSS "C"" t,rm Na lyre on-p NSf Lt;s than 51 ,'nJ Iron b- Phone FiUrbier :.den S 1.5 mizvo s' 6ddreS5 Wween S 5-10 ntrl:ion %. SubcogMIr01 tletween ; 1415 m '.`icn $UbCOrULA3n-. Marl than i 15.'n•i!Ipn S. Year Firm Esnblisi ed 1��WS 1212O12019 2:45 PM p- 72 Collier County Solicitation 20-7687 iL EXHIBIT 1.13 GRANT C:ERTIFiCAT1ONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies, to the best of Ili or her knowledge, that: (1) No Federal appropriated Funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency. a Member of Congress, an officer or employee of Congress, or an employee of a Membcr of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts. subgrants. and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, fJ.S.C. § 1352 (as amended by the Lobbying ❑isc]osure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, W A.. UAAArs, 06" c—, certifies or affirins the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions oF31 U.S.C. § 3801 of .seq.. apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official V�tirtiJ j Name of Authorized Official and Title Date Q120/2019 2 45 PM GCA - 7 p. 73 Collier County Solicitation 20-768712- EXHIBIT LB GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by laA. The recipient shall document in the quarterly report the subcontractors progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703. Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation documents). Vendor/Contractor Name +� Date •a' �2-�� Authorized Signature Address Solicitation/Contract # 20 • 2 6y -� GCA - 8 12/20/2019 2:45 PM p. 74 9