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Agenda 09/22/2020 Item #16D10 (Contract #20-7731 CAT Shelters)09/22/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 20-7731, "CAT Shelters and Amenities Purchase," to Brasco International, Inc., as the primary vendor, and LNI Custom Manufacturing, LLC, as the secondary vendor, and authorize the Chairman to sign the attached agreements. Source of funding is Federal Transit Administration Grants. OBJECTIVE: To secure qualified vendors that provide shelter structures and amenities needed for the construction of new shelters for Collier Area Transit ("CAT") passengers. CONSIDERATIONS: Collier County Public Transit and Neighborhood Enhancement ("PTNE") staff has been using the same shelter design since 2015 and intends to continue installing more as part of its five-year plan. The ITB solicitation and attached proposed agreements provide for the use of federal funds for repairs and include all required federal clauses. On March 20, 2020, the Procurement Services Division released ITB No. 20-7731 to 5,291 vendors for the purchase & delivery of the new shelter and amenities "CAT Bus Shelters & Amenities." Interested vendors downloaded fifty-five (55) bid packages, and the County received six (6) bids by the April 23, 2020 deadline. Staff reviewed the unit pricing and determined that of the six (6) bids received, there were three (3) responsible and responsive bidders: Brasco International, Inc., LNI Custom Manufacturing, Inc. and Graber Manufacturing, Inc. The bid is consolidated into five (5) categories including: shelters with/without solar lighting package, waste receptacles, bike racks, benches, and solar package for courthouse style shelters. Staff recommends award to Brasco International, Inc., as the primary vendor, and LNI Custom Manufacturing, Inc., as the secondary vendor, for all categories. Category Recommended Primary Recommended Secondary Vendor Vendor I - Shelters with/without the solar Brasco International, Inc. LNI Custom Manufacturing, lighting package LLC II - Waste Receptacles Brasco International, Inc. LNI Custom Manufacturing, LLC III - Bike Racks Brasco International, Inc. LNI Custom Manufacturing, LLC IV - Benches Brasco International, Inc. LNI Custom Manufacturing, LLC V - Solar Package for courthouse style Brasco International, Inc. LNI Custom Manufacturing, shelter I LLC FISCAL IMPACT: Funds for these purchases have been identified under the Federal Transit Administration, the budgets are available in CATT Grant Fund (424), Projects 33369, 33372, 33555, 33623, and 33664. Estimated Expenditures by Fiscal Year Fiscal Year Grant Work Expenditur Description e FY 20/21 5307 XU 95-0086 (33369)/ 5307 XU 95- 10 sites @ $113,180 0085(33372) $11,318 Packet Pg. 1556 16.D.10 09/22/2020 FY 21/22 5307 XU 2018-024 (33555) 7 sites @ $11,318 $79,226 FY 22/23 5307 XU 2019-028 (33623) 10 sites @ $11,318 $113,180 FY 23/24 5339 2019-097 (33664) 5 sites @ $11,318 $56,590 Grand Total $362,176 Average from Bid Tabulation 20-7731 Category I: Shelter Avg. for Shelter A, B, C type 8,788 Category II: Waste Receptacles Avg. 962 Category III: Bike Avg. 297 Category IV: Bench Avg. 1,272 Average Total Cost per Shelter Site 11,318 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 Invitation to Bid No. 20-7731, "CAT Shelters and Amenities Purchase," to Brasco International, Inc., as the primary vendor, and LNI Custom Manufacturing, LLC, as the secondary vendors as indicated above, and authorize the Chairman to sign the attached agreements. Prepared By: Yousi Cardeso, Operations Analyst, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1.20-7731 Solicitation (PDF) 2.20-7731 NORA_TABrev (PDF) 3. [linked] 20-7731 BrascoIntemational VendorSigned (PDF) 4.20-7731 BrascoInternational_Insurance 8-25-20 (PDF) 5.20-7731 LNICustom Insurance 8-19-20 (PDF) 6. [linked] 20-7731 LNICustom_VendorSigned (PDF) 7. [linked] Brasco Proposal (PDF) 8. [linked] LNI Proposal (PDF) Packet Pg. 1557 16.D.10 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.10 Doe ID: 13255 Item Summary: Recommendation to award Invitation to Bid (ITB) No. 20-7731, "CAT Shelters and Amenities Purchase," to Brasco International, Inc., as the primary vendor, and LNI Custom Manufacturing, LLC, as the secondary vendor, and authorize the Chairman to sign the attached agreements. Source of funding is Federal Transit Administration Grants. Meeting Date: 09/22/2020 Prepared by: Title: Operations Analyst Public Transit & Neighborhood Enhancement Name: Yousi Cardeso 08/27/2020 4:16 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh — Public Transit & Neighborhood Enhancement Name: Michelle Arnold 08/27/2020 4:16 PM Approved By: Review: Public Transit & Neighborhood Enhancement Caroline Soto Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Public Transit & Neighborhood Enhancement Michelle Arnold Public Transit & Neighborhood Enhancement Judy Sizensky Public Transit & Neighborhood Enhancement Omar Deleon Procurement Services Patrick Boyle Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Procurement Services Evelyn Colon Additional Reviewer Operations & Veteran Services Kimberley Grant Level 1 Reviewer Community & Human Services Blanca Aquino Luque Additional Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Public Services Department Steve Carnell Level 2 Division Administrator Review Grants Nicole Diaz Level 2 Grants Review Grants Carrie Kurutz Additional Reviewer County Attorney's Office Scott Teach Level 2 Attorney Review Additional Reviewer Completed Completed 08/28/2020 10:35 AM Additional Reviewer Completed Additional Reviewer Completed Additional Reviewer Completed Completed 09/01/2020 4:55 PM Completed 09/01/2020 8:54 PM Completed 09/02/2020 8:56 AM Completed 09/02/2020 8:59 AM Completed 09/02/2020 9:30 AM Completed 09/02/2020 11:49 AM Completed 09/02/2020 1:49 PM Completed 09/03/2020 1:13 PM Completed 09/04/2020 3:14 PM Completed 09/04/2020 3:23 PM Completed 09/08/2020 11:54 AM Packet Pg. 1558 16.D.10 09/22/2020 Office of Management and Budget County Attorney's Office Budget and Management Office Grants County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Therese Stanley Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 09/08/2020 12:39 PM Completed 09/08/2020 12:55 PM Completed 09/10/2020 4:05 PM Completed 09/11/2020 11:42 AM Completed 09/16/2020 11:11 AM 09/22/2020 9:00 AM Packet Pg. 1559 DocuSign Envelope ID: 850CDB7B-25E8-48D3-9CEA-B6D763263225 16.D.10.a ils Coilier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR CAT SHELTERS AND AMENITIES PURCHASE SOLICITATION NO.: 20-7731 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. Packet Pg. 1560 DocuSign Envelope ID: 850CDB7B-25E8-48D3-9CEA-B6D763263225 16.D.10.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 20-7731 PROJECT TITLE: CAT SHELTERS AND AMENITIES PURCHASE PRE- BID MEETING: Non -Mandatory Pre -Bid Meeting April 6r'', 2020 at 11:00AM LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: April 21st, 2020 at 3:OOPM 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: hiips://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 Specifications 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 $100,000 per fiscal year; however, this may not be indicative of future buying patterns. BACKGROUND The intent of this solicitation is to obtain a vendor responsible to supply the Collier Area Transit (CAT) bus shelters and associated amenities including, benches, bike racks, waste containers and solar light packages. 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 structure. The County Manager, or designee, may, at his discretion, 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. a Packet Pg. 1561 DocuSign Envelope ID: 850CDB7B-25E8-48D3-9CEA-B6D763263225 16.D.10.a 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 price as outlined below: • Category I: Lowest Total Bid per Category • Category II: Lowest Total Bid per Category • Category III: Lowest Total Bid per Category • Category IV: Lowest Total Bid per Category • Category V: 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 Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein. Brief Description of Purchase • The specifications indicated in this bid invitation will be considered the minimum requirements. Bidder's offer must meet or exceed these minimum requirements. • Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. All equipment and components must be new: shall not be used, rebuilt, refurbished; shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes. • Shelters and components must be in full compliance with the Americans with Disabilities Act (ADA) regulations. • Pricing shall include delivery: Shelters shall be shipped upon approval of the County's Project Manager and/or designee and delivery address will be provided at that time. • Every component needs to meet the FBC 2010 170 mph wind standard for Collier County. Category I - Shelter Details Shelter A — Standard Shelter w/ Extended Roof (See Model BL-06-13-OF-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 4' • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 5.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 3 1 " (Typ. 2) Shelter B — Standard Shelter (See Model BL-05-13-OF-SSG) • Shelter Width: Approximately 11.5' c 0 co T M 0 N r C d E z M a Packet Pg. 1562 DocuSign Envelope ID: 850CDB7B-25E8-48D3-9CEA-B6D763263225 16.D.10.a • Shelter Depth: Approximately 4' • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 4.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 3 1 " (Typ. 2) Shelter C — Slim Shelter (See Model BL-05-13-C-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 3' • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 4.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 2 1 " (Typ. 2) General Specifications Shelter • Shelter shall be constructed of durable components and designed to be erected on -site without specialized equipment or tools • Withstand 170 MPH Wind Load • Exposure Category "C" • All extruded aluminum components shall be 6063T5 or 6061T6. • Shelters shall include all fasteners necessary to anchor shelter to concrete slab. • Aluminum structure with 3"x3"xl/4" columns • Wall glazing (sides and rear): 1"xI" aluminum tube frame with .90" perforated aluminum infill panel (1/4" holes on a3/8" stagger). • Infill panels shall have a 3/4" margin around the full perimeter for a smooth finish. Cut perforated sheet is not an acceptable alternative. • Powder coated finish- RAL 600.5 Roof — RAL 9003 Walls and grillwork. • All aluminum surfaces shall be Polyester Powder Coat with a minimum 4-stage pretreatment, and a finish coat 4 — 5 mil thickness and shall have Anti -Graffiti Coat. • Components shall be sized to comply with the load requirement for the project and shall not be less than the dimensions shown on the plan and indicated in this specification Shelter Roof • Roof material — Aluminum, Standing Seam Roof shall be minimum .060" thick aluminum sheet with 1" seam. Roof to be powder coated on all sides. • Roof type - Gable with 30-degree roof angle. • Roof Construction: Self -drilling or self -tapping fasteners in tension (or pull out condition) shall not be an acceptable method of securing the roof assembly to frame • Roof assembly shall consist of fully welded Perimeter, Beams, and Rafters. All welds to be ground smooth. • Roof shall be Aluminum Standing Seam Gable style with fully enclosed ends, and shall accommodate insert for logo, or branded image. • Each roof seam will be supported by a rafter. May Case • (2) 24" x 36" Information/ System Map Case with Clear Tempered Glass or Polycarbonate Lens .250" thick. • Map frame constructed of extruded aluminum. • Back Cover Plate shall be minimum .060" thick and powder coated to match. • Contents shall be visible from one side. The frame must accommodate a document measuring 24" X 36" without folding and shall include security hardware. • Frame shall be fully gasketed and weatherproof. • Door shall have an integral horizontal sliding track to securely contain printed material. • Door shall have continuous Stainless Steel Piano hinge or equivalent, and be secured with Tamperproof fasteners. • The map case must withstand winds of 170 miles an hour and any unauthorized effort to remove it. Packet Pg. 1563 DocuSign Envelope ID: 850CDB7B-25E8-48D3-9CEA-B6D763263225 16.D.10.a Fasteners • All fasteners shall be stainless steel, aluminum, or a combination of both. Zinc plated fasteners will not be accepted. Roof Mounted Solar Lighting Package (Adjustable to various positions) • Must withstand winds of 170 miles an hour. • Daylight LED light fixture • 55 Watt Rigid Solar Panel • 5 Day Autonomy minimum • Dusk to Dawn Operation • Minimum 32 Amp 12 V Battery • Minimum 12 V 10 Amp Controller • Self -test system to allow field diagnostic and system status • Minimum 5w LED Light Fixture, UL listed fixture, and manufactured in the US. LED color is cool white. • Manufacturer to provide detailed calculations for Autonomy, System Loss Compensation, Power Requirements, Temperature Compensation, Battery Reserve, Solar Array, and demonstrate 1.25 Minimum ALR. All Calculations shall be based on Worst Case Solar Insolation (WCSI = December) for Collier County. • Manufacturer shall provide a photometric plot for light output, and demonstrate a minimum 6 foot candles at bench height, with a minimum 2 foot candles at ground level through the entire shelter footprint. • Solar lighting shall be factory installed into Shelter Roof Assembly and will require no field assembly of the system. • Activation of the system will require only field connection to the battery source. Category II - Waste Containers These waste containers are for the purpose of installing by the bus shelters for public use. They must have the following characteristics: • Units need to be 32 gallons Rib receptacle in gray with inner liner. • Units need to come equipped with surface mount to/for concrete slab. • Units shall include all fasteners necessary to anchor unit to concrete slab • Units need to have gray dome top recycled plastic lid preferably. • Unit need be a material that will not rust or corrode in outdoor installations and will not be affected by any weather conditions Category III - Bike Racks These bike racks are for the purpose of installing by the bus shelters for public use of storing their bikes. They must have the following characteristics • Units need to be U shape rack with surface flange mount. • Racks shall include all fasteners necessary to anchor rack to concrete slab (6" Minimum Slab) • Units need to be powder coated gray. • Units need to be a material that will not rust or corrode in outdoor installations and will not be affected by any weather conditions. Category IV - Southern Style Bench These benches are for installation within the bus shelters and need to be ADA compliant. Units must have the following characteristics: • Measure 6' feet long (Approximately 16" inches high and 2 1 " inches deep). • Must meet minimum ADAAG requirements • Recycled plastic slats in gray with support in the back for sustainability and durability. • Powder coated stainless steel arm rests on each end and in the middle. • Each of the legs must anchor easily with bolts to cement for security. • Benches shall include all fasteners necessary to anchor bench to concrete slab. • Units must be of a material that will not rust or corrode in outdoor installations and will not be affected by any weather conditions. Category V — Solar Package for Courthouse Style Shelter (Retrofit) These solar packages must be designed for installation on existing Collier County Courthouse style shelter (Brasco Model JR Executive Series - JR EX513-ILS) • Must withstand winds of 170 miles an hour. • Daylight LED light fixture • 55 Watt Rigid Solar Panel • 5 Day Autonomy minimum c 0 0 .2 0 T M 0 N C d E z a Packet Pg. 1564 DocuSign Envelope ID: 850CDB7B-25E8-48D3-9CEA-B6D763263225 16.D.10.a • Dusk to Dawn Operation • Minimum 32 Amp 12 V Battery • Minimum 12 V 10 Amp Controller • Self -test system to allow field diagnostic and system status • Minimum 5w LED Light Fixture, UL listed fixture, and manufactured in the US. LED color is cool white. • Manufacturer to provide detailed calculations for Autonomy, System Loss Compensation, Power Requirements, Temperature Compensation, Battery Reserve, Solar Array, and demonstrate 1.25 Minimum ALR. All Calculations shall be based on Worst Case Solar Insolation (WCSI = December) for Collier County. • Manufacturer shall provide a photometric plot for light output, and demonstrate a minimum 6 foot candles at bench height, with a minimum 2 foot candles at ground level through the entire shelter footprint. References • The Aluminum Association — Aluminum Design Manual 2010 • American Welding Society —AWS D1.2/D1.2M: 2008 • ASCE 7 2010 Minimum Design Loads for Buildings and Other Structures • ASTM B 209 Specification for Aluminum and Aluminum Alloy - Sheet and Plate • ASTM B221 Specification for Aluminum and Aluminum Alloy — Extruded Bars, Rods, Wire, Profiles, and Tubes Florida Building Code 2010 (170 MPH Wind Speed) ANSI Z97.1-1975 Safety Glazing Materials Used in Buildings Americans with Disabilities Act of 1990 (ADA) Submittals — The County Request the Bidder Provide Upon Notice of Recommended Award A. Product Data - Manufacturers' brochures, specifications, and installation instructions. The county requests the vendor provide samples of shelter fmishes through company catalogs, brochures, and/or pictures. B. Shop drawings of the complete shelter layout, includes cut section and connection details. C. Submit structural engineering design documents bearing the seal of a structural engineer registered in the State of Florida for each shelter size. D. Manufacturer's statement of certification that materials meet or exceed all applicable loadings (wind load, live load, dead load, snow load) for the project location in accordance with current IBC 2006, and ASCE 7-05. E. Shelter manufacturer shall have a minimum of 5 years' experience in designing, fabrication, and installing the specified shelter. 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 this 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. Quality Assurance A. Shelter shall be designed to comply with local building codes. Delivery and Storage A. Deliver shelter with roof fully assembled including solar components — no field assembly of roof components or solar lighting system will be accepted. B. Walls and other components shall be assembled to the maximum extent possible in clearly labeled crates and cartons. a Warranty Manufacturer warrants that shelter shall be free from defect in parts and manufacture for a period of one year. Manufacturer shall maintain inventory of replacement parts for ten years after delivery of shelter. Packet Pg. 1565 DocuSign Envelope ID: 55A0E2B6-C4DA-49B8-8F87-9FA1 1 9E2ACAF 16.D.10.b 001[1'er County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 20-7731 Title: CAT Shelters and Amenities Purchase Due Date and Time: April 23R , 2020 at 3:OOPM Respondents: Company Name City County State Bid Amount Responsive/Responsible Brasco International, Inc Madison Heights Oakland MI See Tabulation YES/YES LNI Custom Manufacturing Inc. Gardena Los Angeles CA See Tabulation YES/YES Graber Manufacturing, Inc. Waunakee Dane WI See Tabulation YES/YES Spencer Fabrications Inc. Tavares Lake FL See Tabulation NO/YES Swartz Associates, Inc. Naples Collier FL See Tabulation NO/YES Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On March 20th, 2020 Procurement Services Division released notices for Invitation to Bid 20-7731 CAT Shelters and Amenities Purchase. Five thousand two hundred and ninety-one (5,291) notifications were sent, fifty-five (55) vendors viewed and six (6) proposals were submitted on April 23rd, 2020 at 3:OO13M. Three (3) vendors were deemed both responsive and responsible, while the remaining vendors were both deemed non- responsive. The responsive bidders were contacted to clarify submitted documents and were deemed minor irregularities. Spencer Fabrications Inc was deemed non -responsive for failing to submit a bid schedule. Swartz Associates, Inc. was deemed non -responsive for failing to submit a grants package. Staff recommends award to Brasco International, Inc. as the primary vendor and LNI Custom Manufacturing as the secondary vendor for all categories. Contract Driven = Purchase Order Driven 0 Q Packet Pg. 1566 DocuSign Envelope ID: 55AOE2B6-C4DA-49B8-8F87-9FA119E2ACAF 16.D.10.b Project Manager: DocuSigned by: FBF38FEA5541439... Required Signatures DocuSigned by: Procurement Strategist: Ipad," Bo�� 8/7/2020 BCB13261E6AD447... Procurement Services Director: FDocuSigned by: H Sand r6796554F5... 8/7/2020 Date Q Packet Pg. 1567 w N d 0 W _F U) O U O 0 (pi8 ase4oand SOMUai.UV pue a81184S �£LL-OZ : SSZ£�) AOJSV_LVNON 6£LL-OZ :}UaUaMIN o As S m L L w O'Ow OOwQO¢O of G O y C on2 C N LL � A LL N C 6 N i iiiiiiiiiizizzizz iz p 8 0 = C o OZ0-0 O O U d T m 4zz z zz zI z zV E o m Eo" m E A A O w0wwwawwwoww3w3 ZO moo z z z z z z z z z z 'd A N 0 0 a - - 0 i� ��i��i� ��i��z d 4-0 ° > �os �e �� S rco_ y" z c e= m a O c { _ �a n ov p p p z m p a� 4i CvCv 9 9 9 -- N m WV' Wm W9 W�9 O O O ug j K K K _ ��Oy �Oy �Oy w w w f 0 0 0 ° c oaz az� - d� - p's d� - p�8 °o oo w w oo w o 0 o o o o w m m 1> s f o 4 °�' °a =nc uN uN� o 0 o rc z_ `oO wC -" 5] �, xa �, xa w�tititiw sw �U aartal w trct¢ wx trc VO W. �c rw ° O .9 ¢waC1tiEE QarwrwrmJ F� Crat E x o o LLp fHac>ac>Qa zzzF �a f7 r Q � m NmN� �Wm��pwww>m � C rfOi�� rfOiN� m a¢LL¢mt u u u� fy��U > mwuwuw5m:o a _ m rc2 mm Nmm Nmm aaaaaao rc z z, a»> rc=- •" "• a m a rc - - iwzwzw - o `� a s `m�N l H wm Fm�i�mi�mi� WDrc0rc0rc FmOm OFJO WucYiu F4a�gn w w F �x�x�x m - m�a$m�am�a�aeuSmav E�mmL° c° a am afFF�sFFFF cis f a p3�3�32 d a uxr_ wy a ci u ,,o om ,: o p - E men � . j- u E E E 16.D.10.d A� o CERTIFICATE OF LIABILITY INSURANCE DA8/4/2020 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 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). PRODUCER CONTACT Michelle Komerska NAME: _ Insurance Group HOEVTC A,CNNo Ext: (248) 828-3377 A"� NU: (248)828-3741 Troy Office m E-MAIL ADDRESS: mkomerska@vtcins.com 1175 W. Long Lake Ste. 200 INSURERS AFFORDING COVERAGE NAIC # Troy MI 48098-4960 INSURER A: State Auto Insurance Company(Sj L INSURED INSURER B : State Auto Prop & Cas Ins CO 25127 d Brasco International, Inc. INSURER C: ManufacturingTech Mutual Ins. AL3MAN 32400 Industrial Dr INSURER D : r INSURER E : •� (Madison Heights MI 48071 (INSURER F: COVERAGES CERTIFICATE NUMBER:2020-2021 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,( A CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,( MED EXP (Any one person) $ 10,( X PBP2788878 3/16/2020 3/16/2021 PERSONAL & ADV INJURY $ 1,000,( GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,( 1 PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,( $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,( X BODILY INJURY (Per person) $ B ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS X BAP2455360 3/16/2020 3/16/2021 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident) ccident $ NON -OWNED HIRED AUTOS X AUTOS Uninsured motorist BI-single limit $ 1,000,( X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,( AGGREGATE $ 4,000,( A EXCESS LAB CLAIMS -MADE DED I I RETENTION $ $ PBP2788878 3/16/2020 3/16/2021 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X PER OTH- STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N ❑ (Mandatory in NH) N /A 2020-301800 3/16/2020 3/16/2021 E.L. EACH ACCIDENT $ 5,000,( E.L. DISEASE - EA EMPLOYEE $ 5,000,( If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 5,000, DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Collier Area Transit (CAT) Bus Shelters & Related Items,Contract #20-7731 Where required by written contract, Collier County Board of Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as additional insured on primary & non-contributory basis on the General Liability policy with respect to liability arising out of ongoing & completed operations performed by the named insured & additional insured on the Auto Liability Policy. Insurer will endeavor to mail 30 days written notice of cancellation to certificate holder; however, failure to do so will impose no liability of any kind upon the insurer or its agents or representatives. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commission 3295 Tamiami Trail E Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE an Chandler/V412 1"_)10 d..41..-- ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1569 16.D.10.e AC RD CERTIFICATE OF LIABILITY INSURANCE IN I DAT84/ZOZO THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: (WC) Heffernan Insurance Brokers PHONE FAX 1350 Carlback Avenue AIC No Ext : 925-934-8500 AIC No): 925-934-8278 Walnut Creek CA 94596 ADDRESS: INSURED LNI Custom Manufacturing, Inc. 15542 Broadway Center St. Gardena CA 90248 INSURER(S) AFFORDING COVERAGE NAIC # �: 0564249 INSURER A: Travelers Property Casualty Company of America 25674 LNICUST-01 INSURERB: The Travelers Indemnity Company of Connecticut 25682 INSURERC: California Automobile Insurance Company 38342 INSURERD: Benchmark Insurance Company 41394 INSURER E : COVERAGES CERTIFICATE NUMBER:823805516 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y6302H340525TCT20 5/24/2020 5/24/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO PREM ISRENTED (Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY Y BA040000004566 3/15/2020 3/15/2021 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR ZUP13N6516620NF 5/24/2020 5/24/2021 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N CST5018928 4/1/2020 4/1/2021 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Job #20-7731, CAT Shelters & Amenities Purchase. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County is included as an additional insured (primary and non-contributory) on General Liability and Automobile Liability policies per the attached endorsements, if required. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CD N O6 a) V C R L 3 N C I O a+ N 3 U_ Z J r M ti ti 0 N C a) E t U to Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1570 16.D.10.e COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury' or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Packet Pg. 1571 COMMERCIAL GENERAL LIABILITY 16.D.10.e (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. �rl�y��I:1<�Li�7 Packet Pg. 1572 16.D.10.e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: : If] �yI►1��e1jJ1liZ4[*1�I�:L�el��il:11/1 NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) c EMPLOYEES AS INSUREDS L a� AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY M V. SUPPLEMENTARY PAYMENTS c N VI. FELLOW EMPLOYEE COVERAGE L; LO VII. ADDITIONAL TRANSPORTATION EXPENSE M VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE o IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE 0 X. LOAN/LEASE GAP COVERAGE c XI. GLASS REPAIR— DEDUCTIBLE WAIVER 3 y XII. TWO OR MORE DEDUCTIBLES E XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUITOR LOSS ° XIV. WAIVER OF SUBROGATION v z XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS r M ti XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE 0 N XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT w c a� XVIII. HIRED AUTO —COVERAGE TERRITORY E XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH r a Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 Packet Pg. 1573 16.D.10.e IV V. BUSINESS AUTO COVERAGE FORM NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. SUPPLEMENTARY PAYMENTS U SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Z Payments, Subparagraphs (2) and (4) are replaced by the following: J r (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law ti violations) required because of an "accident" we cover. We are not obligated to 0 furnish these bonds. N (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. E ca a Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 Packet Pg. 1574 16.D.10.e VI. au am l" FELLOW EMPLOYEE COVERAGE: SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: C. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Q Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 Packet Pg. 1575 16.D.10.e X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR — DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA8S100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 r M ti ti 0 N c a) E U ca a Packet Pg. 1576 16.D.10.e XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT z SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the r following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance o N available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and aa)i (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. a Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 Packet Pg. 1577 16.D.10.e XVIII. HIRED AUTO - COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA8S100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 Packet Pg. 1578 16.D.10.e COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. m FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7731 for CAT Shelters and Amenities Purchase THIS AGREEMENT, made and entered into on this day of 2020, by and between Brasco International, Inc. , a Michigan Corporation, whose principal business address is 32400Industrial Drive, Madison Heights, MI 48071 _, (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 0 upon the date of Board and terminating on three (3 ) 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 ❑N Purchase Order ❑ Rottce-to-}Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ~Request for Proposal-(RFP) Invitation to Bid (ITB) ❑ Other-- _ m_. _.: _,... _w _:.w...... (L _._ ) # 20-7731 including all Attachment(s), 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 1 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l) 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. 3.2 � The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. v.: ❑ The procedure -for -obtaining -Work under-this-AAgreement--is-outlined-in ❑ Other 14 ❑ The- C-ounty-reserves the-right-to-specify-in--each-1 eg est-for-Quotations:-the-period of Completion'; -collection of--liquidated-damages-„in-the-event„of-late-completton and the Price- Me.thodolog'yy-selected .en--A,.I 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- 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): ❑ Lump -Su m, .-(Fixed-Price): P, firma-ftved-total-price-'offering for-u---project; the-'riek-,are transferred from-fromC`n,J� nt—%I-tC thca-Cpnt�.`�_ ct- i-an,,a.a,s-a , 1as tics+ pr„ mica.-, _ e a e V ( I 'LI IV '\/ LA 1 ��"� V i� or LAl`Iv1 till i.+l buJln.;ss"' Y�LJLIVV thVrV LArV no hourly -_or _material_._int,,toice-s-'pr-stinted-, r-at-her,.-ttie,---con'tr-actor---mush perform -¢to -_the cat sfaction'ofthe County°c proje^t- �r,�g�r heforQ p- en-t-for IheJi e'di-pri,ce.,contra0t V I1 a IG e, l.% V to rl Vl L V /LV L.i t.J IV 1 'L 'u V'i is --authorized: ❑ Time-and'Materials: -The-County"agrees-to-pay-'the contractor'for-the-'amount-of-labor ti me -spent b}�the contactor',-employe4s- ;nd ubcontructors ta-perform-the--rrorl,,(n�mber of-hours-times..hourty-r-ate,yrm-and--for mute-rials--and--equipment used-in-thet-project ;coot of r-n-aterialc-pluc-the-contractor-'s-mra-r-kup):--This methodology-is'generally-used-in-projects in which it-4s.-not-possible-to accuraatel-y estitmate-thle— of -the- roject.- r-w _e -it i -expected which J /r� /�}V VrN� Q�LAv `V� /t� to LL.r u V VIL„V 1 LI I^A.i �.Jr i7/�yVpV l,Qof vv 1h1t�++n IL r� ffrYl�V VL/+V .' that the -project requir +l Ilent�-,Y-Vould--m st`Iik ly-change-A-,P,--,- ener--.I-busin��JJ pralctic— t[( h--VsVVeµcontracts.include-back-up-document-ation_of costs,-in,,�oices ."coui;;c ld-.liNde-xnumber of--hours--worked' nand.-µbilling-rate--b --position_-(and._-not--company. (or -subcontractor-) timekeepiny_or_payroll"records),-m'aterial--or equipment -invoices _and -other r-eirrtibursabie documentation. -for -the' project: FM-1 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). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Vecl) N 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ❑ �GheCk. If u�3pll `ub�e)— T3'w"!( wa _ .Q�..1'r 2l:rcNhin.m. p„,�r3 iQv': Travel --and Preimbur,c able-E-xpen"ses-mupt be--eppr-oved-in-ad-van- ce--` n-writing_by-the-Counity _. Travel A.,penso-. shall-be--r4imbursed-"a-s-per Section.'f-12.,O6.1-Fla`.-Stat€ V YC L: 'IV V"iY V v r"a..i 'I l�l.""i�bl:(rJV11"IVnIJ'"Ji il'�.l �.I`�.b C..•'"?.ft�.tl 1�. 1ol-1V�Y'"�ny'r�tV`J Mileage e 10:44:5_ _ er .mile Bre"akfact $6:00 Lunch V1.00 Din-ner $1-9:00 Airfare" Actoal-tic-ket "coot-limited-ta-"tour6st__or ccac cl"ass--fare Renta,Vcar Act-ual—rerital--.cos#-l+rrited-- --to__ con-npac cr stand"ar-�_ei�e �✓ekaiolec Lodging Actu-al.cost"of`lodging-at s,ingl&-occu-panoy-rate with —area - -ofFnL mere-th"an-,$-1-5- 0-,.-OO- . er ni - !',t ,Ra`rkin Actua!'cost-.of-pa rkin - Taxi-or,Air ort-Limousine ,A,ctua!-cos`+ ofeither ta-xi--orolr-ort-limousne Qe`tnbursable.iteImipiJ"otl";er"than-trayel"expenseochal-l-be-limited-to-the-following =te-lephone long -distance -charges,; fa-x-charges; photocopying_charges-and--postage:--P,eir-rburvable items-'ti^:ilt--be "paid only""after-"'Contractor has'-"proa,,ided all -receipts ----Contractor Chu!! be reJponsible---foJr-,-all--other cos+,P"nd�"e,Jwu pensess,ociated �,vith-alct:�,�ltles--and--,c,olici"tations undertaker pursuant"to thlJ %Alit. reel Vei l 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 or emailed to the Contractor at the following: Page 3 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Company Name: Brasco International, Inc. Address: 32400 Industrial Drive Madison Heights, MI 48071 Authorized Agent: Attention Name & Title: Sean Loewe , Director of Sales Telephone: (800) 893-3665 E-Mail(s): sloewe(qbrasco com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Michelle Edwards -Arnold Division Name: Public Transit & Neighborhood Enhancment Division Address: 8300 Radio Road Naples, FL 34104 Administrative Agent/PM: Yousi Cardeso Telephone: (239) 252-4995 E-Mail(s): Yousi Card eso(a�colIiercountyfl.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 necessary for the 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. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.I ) 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. 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall 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 $1,000,000 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. R F Busi :eve Auto L ab:litw Coverage sh-a-ll have minimum timits of $..-,-----.. --- ...-w.... Per-WOccurrencei -Combinedµ.Single---Limit-#or-- Eodily _lnjur-y--Liability .and Property--Dam--ge Liab,lity.--Thieµehutl-include: Owned,VAhicies -Hired_-andLL.,^Son-Oartned -Vehicles-and-`mployee nlon._Ownership. G. ❑ VV,orkers!-_( Nensat:on.--.-Insurance-covering- all. -employees meeting Statutor-y, Limits - in- compliance--,00 ith--the applicable---✓tat,--and-federa-l-laws: The coverage rust include Employers! Lia-bility with a mnimu , lire -it of Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) (C 7�1 ❑ Professional--Liability:--Shall be-maintained-by-the--Contractor-to-ensure-its-legal 1a laili#�i_..._fCr..-ciairnc a l=U IIILy 1 1 JL.1 1 ♦J""UrilJcil'l lg-.out-of-the--perforuancc.._o£ professional, -ser/ic-es- under. -this Ag1reemems+L.-fV`onIrUnVtor,w-iv-s its -right -of recovery- AogUIroJ#I .(V`ounty.U.-oJ .to...any-C1 aiMs.under 1 -LV this insurance. _-Such`iinsurance-"shall _h-.ve_.11mits_ of-not-less-t"un_w._ __ -eNch c!aim-and aggregate. .. ❑ Cyber l`.-iablli+-Coverage•shaI1-have-minimum-limit-of Q -- per claim: F-.- Coverage shal[.have-minimum limit of @._—_._____-per ILV w claim Jlu lrrlJ Special Requirements: 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 Insured 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. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 9 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. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enhancement 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, ❑ Rl=P/ ❑■ ITB/❑ Other- - — -- ----------------- #20-7731 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quote and 0 Other Exhibit/Attachment: Federal Contract Provisions & Grant Certifications and Assurances 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 Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 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: 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. Page 8 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) iC4 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. 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. ❑ CL -EA-N -U P,—_-Contraotor-agrees. to...keep--the--Project-site_-clean..ut ail timeswof-debris; rubbish -and ,�vacte-materials--urlsing-g ut-of the l��lork.-w,�N-t---the- completion -of -the -Work; Contractor shall -remove all£debris;w.rubblsh-and--v,rite-materials-fr m-and-about themProject oite;--a-s-well-aP,--al --tools; appliances; oonctr-uction-equipment--and-machener-y and -surplus ma-ter=als°'arid--shall"Iea�te-the P,ro ect v3te>-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. 0 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 Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) 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, 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 for 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 to 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 Page 10 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) i 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. 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. 34. ❑ KEY PERSONI EL. --The- Contractor-& personnel--and-manNgement- to-be-utilized.fer- this-project--shall be -knowledgeable in th4ir.,areas-of...expertise.-The-County• rese ,sec -the right to perform.-investigation--_as-rnay.-be--deemed--necessary-.to.encure-that competent Ner'uon.�i"vv�ill be"Zitiiiz�v' in `the'performance--of'th^.. 4gj'aa�mAnt. „ThA._Contra�vtor'vhaii"assign as- many, people-as,.necessary-to-complete-the-serrv,,,ices-on--a-timely -basic-,rand-each-person assigned-shaall-ha.a�foiI--ble.-fnr?n_.a�' ount-of time -adequate -to -meet the.regL.,ired_.sewice V�J 1 V CJI U _I./\.r lA U1 1..IN V- V N I 1"IV I I 1` Il l lli IA tiN VI.t I.A�V I IVV 1 �+ I V red- �V VI V dates. -The -Contractor -shall not -change Key_Peruennel--unless the-fo11owing conditions -are met: ,(1-) -Proposed-replacements h-ve-substant=ally-the-same-or--better qualifications and/or.enperi,enve."(c)-that`the- County, Js-notified-in- writing- as--far`in advance -as -possible - The Contractor -shall-make-commercially-reason able-efforts,to'notifyCollier'County-within seven (7) days, of the.charge:-The County -retains final -approval of proposed, replacement personnel., Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) i) Al 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. 35. ❑ ORDER? OF PREC'EDE-NCE---ln-the_event-of-any-conflict-between or -among -the -terms of. any of -the Contract Documents;- the -terrr;s of solicitation the -Contractor's=-Proposal and/or the County-s-Board--approved Executive -Summary, the.-Contract--Documents-shall take precedence. 0 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 Page 12 of 17 0 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l) CAO 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. 38. 0 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 Multi -Contractor Agreement 2017.008 (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: Crystal K. Kinzel, Clerk of Courts & Comptroller (SEAL) Dated: Contractor's Witnesses: Contractor's First Witness cXZis77H-4 S'UW Y" TType/print witness nameT C5ntra�ctosSecon�VVi ess TType/print witness na)46T Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M Burt L. Saunders , Chairman Brasco International Inc. Contractor DBA By: v Si nature / e4N IAC" TType/print signature and titleT Page 14 of'S7 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver,1) CAv Exhibit A Scope of Services ❑■ following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) CAO ITB# 20-7731 "CAT Shelters and Amenities Purchase" EXHIBIT A SCOPE OF SERVICES The intent of this Agreement is to supply the Collier Area Transit (CAT) bus shelters and associated amenities including benches, bike racks, waste containers and solar light packages. This Agreement has been awarded on a Primary /Secondary basis, per category, as outlined in Exhibit B-Fee Schedule. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein as follows: Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. All equipment and components must be new: shall not be used, rebuilt, refurbished; shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes. Shelters and components must be in full compliance with the Americans with Disabilities Act (ADA) regulations. • Pricing shall include delivery: Shelters shall be shipped upon approval of the County's Project Manager and/or designee and delivery address will be provided at that time. • Every component needs to meet the FBC 2010 170 mph wind standard for Collier County. Cateaory I - Shelter Details Shelter A — Standard Shelter w/ Extended Roof (See Model BL-06-13-OF-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 4' • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 5.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 3 1 " (Typ. 2) Shelter B — Standard Shelter (See Model BL-05-13-OF-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 4' • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 4.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 3 1 " (Typ. 2) Shelter C — Slim Shelter (See Model BL-05-13-C-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 3' Exhibit A -Scope of Services Page 1 of 5 ;Qol • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 4.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 21" (Typ. 2) General Specifications Shelter • Shelter shall be constructed of durable components and designed to be erected on -site without specialized equipment or tools. • Withstand 170 MPH Wind Load • Exposure Category "C" • All extruded aluminum components shall be 6063T5 or 6061T6. • Shelters shall include all fasteners necessary to anchor shelter to concrete slab. • Aluminum structure with 3"x3"xl/4" columns • Wall glazing (sides and rear): 1"xI" aluminum tube frame with .90" perforated aluminum infill panel (1/4" holes on a3/8" stagger). • Infill panels shall have a 3/4" margin around the full perimeter for a smooth finish. Cut perforated sheet is not an acceptable alternative. • Powder coated finish- RAL 600.5 Roof — RAL 9003 Walls and grillwork. • All aluminum surfaces shall be Polyester Powder Coat with a minimum 4-stage pretreatment, and a finish coat 4 — 5 mil thickness and shall have Anti -Graffiti Coat. • Components shall be sized to comply with the load requirement for the project and shall not be less than the dimensions shown on the plan and indicated in this specification Shelter Roof • Roof material — Aluminum, Standing Seam Roof shall be minimum .060" thick aluminum sheet with 1" seam. Roof to be powder coated on all sides. • Roof type - Gable with 30-degree roof angle. • Roof Construction: Self -drilling or self -tapping fasteners in tension (or pull out condition) shall not be an acceptable method of securing the roof assembly to frame • Roof assembly shall consist of fully welded Perimeter, Beams, and Rafters. All welds to be ground smooth. • Roof shall be Aluminum Standing Seam Gable style with fully enclosed ends, and shall accommodate insert for logo, or branded image. • Each roof seam will be supported by a rafter. Map Case • (2) 24" x 36" Information/ System Map Case with Clear Tempered Glass or Polycarbonate Lens .250" thick. • Map frame constructed of extruded aluminum. • Back Cover Plate shall be minimum .060" thick and powder coated to match. • Contents shall be visible from one side. The frame must accommodate a document measuring 24" X 36" without folding and shall include security hardware. • Frame shall be fully gasketed and weatherproof. • Door shall have an integral horizontal sliding track to securely contain printed material. • Door shall have continuous Stainless Steel Piano hinge or equivalent, and be secured with Tamperproof fasteners. The map case must withstand winds of 170 miles an hour and any unauthorized effort to remove it. Exhibit A -Scope of Services Page 2 of 5 ED Fasteners • All fasteners shall be stainless steel, aluminum, or a combination of both. Zinc plated fasteners will not be accepted. Roof Mounted Solar Lighting Package (Adjustable to various positions) • Must withstand winds of 170 miles an hour. • Daylight LED light fixture • 55 Watt Rigid Solar Panel • 5 Day Autonomy minimum Dusk to Dawn Operation • Minimum 32 Amp 12 V Battery • Minimum 12 V 10 Amp Controller • Self -test system to allow field diagnostic and system status • Minimum 5w LED Light Fixture, UL listed fixture, and manufactured in the US. LED color is cool white. • Manufacturer to provide detailed calculations for Autonomy, System Loss Compensation, Power Requirements, Temperature Compensation, Battery Reserve, Solar Array, and demonstrate 1.25 Minimum ALR. All Calculations shall be based on Worst Case Solar Insolation (WCSI = December) for Collier County. • Manufacturer shall provide a photometric plot for light output, and demonstrate a minimum 6 foot candles at bench height, with a minimum 2 foot candles at ground level through the entire shelter footprint. • Solar lighting shall be factory installed into Shelter Roof Assembly and will require no field assembly of the system. • Activation of the system will require only field connection to the battery source. Category II - Waste Containers These waste containers are for the purpose of installing by the bus shelters for public use. They must have the following characteristics: • Units need to be 32 gallons Rib receptacle in gray with inner liner. • Units need to come equipped with surface mount to/for concrete slab. • Units shall include all fasteners necessary to anchor unit to concrete slab • Units need to have gray dome top recycled plastic lid preferably. • Unit need be a material that will not rust or corrode in outdoor installations and will not be affected by any weather conditions Category III - Bike Racks These bike racks are for the purpose of installing by the bus shelters for public use of storing their bikes. They must have the following characteristics • Units need to be U shape rack with surface flange mount. • Racks shall include all fasteners necessary to anchor rack to concrete slab (6" Minimum Slab) • Units need to be powder coated gray. • Units need to be a material that will not rust or corrode in outdoor installations and will not be affected by any weather conditions. Category IV - Southern Style Bench These benches are for installation within the bus shelters and need to be ADA compliant. Units must have the following characteristics: • Measure 6' feet long (Approximately 16" inches high and 21" inches deep). • Must meet minimum ADAAG requirements • Recycled plastic slats in gray with support in the back for sustainability and durability. • Powder coated stainless steel arm rests on each end and in the middle. • Each of the legs must anchor easily with bolts to cement for security. • Benches shall include all fasteners necessary to anchor bench to concrete slab. • Units must be of a material that will not rust or corrode in outdoor installations and will not be affected Exhibit A -Scope of Services Page 3 of 5 CAO by any weather conditions. Category V — Solar Package for Courthouse Style Shelter (Retrofit) These solar packages must be designed for installation on existing Collier County Courthouse style shelter (Brasco Model JR Executive Series - JR EX513- ILS) • Must withstand winds of 170 miles an hour. Daylight LED light fixture • 55 Watt Rigid Solar Panel • 5 Day Autonomy minimum • Dusk to Dawn Operation • Minimum 32 Amp 12 V Battery • Minimum 12 V 10 Amp Controller • Self -test system to allow field diagnostic and system status • Minimum 5w LED Light Fixture, UL listed fixture, and manufactured in the US. LED color is cool white. • Manufacturer to provide detailed calculations for Autonomy, System Loss Compensation, Power Requirements, Temperature Compensation, Battery Reserve, Solar Array, and demonstrate 1.25 Minimum ALR. All Calculations shall be based on Worst Case Solar Insolation (WCSI = December) for Collier County. • Manufacturer shall provide a photometric plot for light output, and demonstrate a minimum 6 foot candles at bench height, with a minimum 2 foot candles at ground level through the entire shelter footprint. References • The Aluminum Association — Aluminum Design Manual 2010 • American Welding Society — AWS D1.2/D1.2M: 2008 • ASCE 7 2010 Minimum Design Loads for Buildings and Other Structures • ASTM B 209 Specification for Aluminum and Aluminum Alloy - Sheet and Plate • ASTM B221 Specification for Aluminum and Aluminum Alloy — Extruded Bars, Rods, Wire, Profiles, and Tubes • Florida Building Code 2010 (170 MPH Wind Speed) • ANSI Z97.1-1975 Safety Glazing Materials Used in Buildings • Americans with Disabilities Act of 1990 (ADA) Submittals — The County requests that Vendor provide the following upon request by County Project Manager, throughout the life of the contract: A. Product Data - Manufacturers' brochures, specifications, and installation instructions. The county requests the vendor provide samples of shelter finishes through company catalogs, brochures, and/or pictures. B. Shop drawings of the complete shelter layout, includes cut section and connection details. C. Submit structural engineering design documents bearing the seal of a structural engineer registered in the State of Florida for each shelter size. D. Manufacturer's statement of certification that materials meet or exceed all applicable loadings (wind load, live load, dead load, snow load) for the project location in accordance with current IBC 2006, and ASCE 7-05. E. Evidence that Shelter manufacturer has a minimum of 5 years' experience in designing, and fabricationof the specified shelter. Ouality Assurance A. Shelter shall be designed to comply with local building codes. Exhibit A -Scope of Services Page 4 of 5 CAU Delivery and Storage A. Deliver shelter with roof fully assembled including solar components — no field assembly of roof components or solar lighting system will be accepted. B. Walls and other components shall be assembled to the maximum extent possible in clearly labeled crates and cartons. Warranty Manufacturer warrants that shelter shall be free from defect in parts and manufacture for a period of one year. Manufacturer shall maintain inventory of replacement parts for ten years after delivery of shelter. Exhibit A -Scope of Services CAv Page 5 of 5 Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) e ITB 20-7731 "CAT Shelters and Amenities Purchase" EXHIBIT B FEE SCHEDULE Brasco International, Inc. Total Unit Price Total Order Item No. Shelter type Item Description Unit Order (per Unit) Quantity Cost Quanti { Delivered" ` Collier County is requesting various (1,5,10 units) Total Order Quantity Cost "Delivered" prices to allow flexibility in ordering in bulk. Product shall be delivered to Collier County at a single site (per delivery) as requested. Pricing shall include delivery and be all inclusive. CATEGORY I - SHELTERS WITH SOLAR LIGHTING PACKAGE PRIMARY 1 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $8,875 $8.875 STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING EA 1 $9,250 $9,250 2 B PACKAGE STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR EA 1 $9,425 $9,425 3 A LIGHTING PACKAGE 4 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 5 $8,700 $43,500 STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING EA 5 $9,075 $45,375 5 B PACKAGE STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR EA 5 $9,275 $46,375 6 A LIGHTING PACKAGE 7 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 10 $8,325 $83,250 STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING EA 10 $8,700 $87,000 8 B PACKAGE STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR EA 10 $8,875 $88,750 9 A LIGHTING PACKAGE CATEGORY It -WASTE RECEPTACLES PRIMARY WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. EA 1 $1,085 $1,085 10 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. EA 5 $990 $4,950 11 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. EA 10 $935 $9,350 12 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT CATEGORY III - BIKE RACKS PRIMARY 13 BIKE RACK - "U" RACK, SURFACE MOUNT LT GRAY EA 1 $375 $375 14 BIKE RACK - "U" RACK, SURFACE MOUNT LT GRAY EA 5 $325 $1,625 15 BIKE RACK - "U" RACK, SURFACE MOUNT LT GRAY EA 10 $275 $2,750 CATEGORY IV - BENCHES PRIMARY BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE EA 1 $1 725 $1,725 16 SEATING SPACE. BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE EA 5 $1,475 $7,375 17 SEATING SPACE. BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE EA 10 $1,125 $11,250 18 SEATING SPACE. CATEGORY V - SOLAR PACKAGE FOR COURTHOUSE STYLE PRIMARY SHELTER SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING EA 1 $1,550 $1,550 t9 COURTHOUSE STYLE SHELTER. SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING EA 5 $1,475 $7,375 20 COURTHOUSE STYLE SHELTER. 1 SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING EA 10 $1.375 $13,750 21 COURTHOUSE STYLE SHELTER. Prices shall remain firm for the initial term of this contract Other Exhibit/Attachment Description: Federal Contract Provisions & Grant Certifications and Assurances 0■ following this page (pages 1 through ❑ this exhibit is not applicable Page 17 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) 9 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT, 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 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. Sources ref.: FTA FY18 Conip. ReWeu, Gxide for Procurement DOTRA F)W HaverAgreement Generally Applicable Provisions FTA Best Practices Procurement Oct 2016 Revised 3.19 FCP-I ■ EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT APPLICABLE FTA PROVISIONS A DDI IrA471 F rr-INTRACT 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 y 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 (42,000) ❑ 12. Davis Bacon Act (Applies to Construction >$2,000 ® 13. Debarment and Suspension >$25,000 ❑ 14. Employee Protective Arrangements ® ed Business Enterprises DBEs 15. Disadvantaged p (DBEs) Complete , 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 Grants) ® 36. Termination Provisions >$10,000 ® 1 37. Privacy Act .Sources ref.: PIA FYIS Comp. Review Guide jar Procuremenr, UOT PIA FYI S Master Agreentent Generally Applicable Provisions; PTA Hest Practices Procurement Oct. 2016 Revised 3,19 FCP-2 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT. 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 .Sources ref.: FIA FY18 Comp. Review Guide for Procurement; UOI F1'A F}?8 A -luster Agreement Genemlly Applicable Provisions; 1, 1'A Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-3 N EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 Sources ref.: M FYI S Comp. Review Grride fnrYmcureurem; DOT F EA 1,-YI8 Afasler Agreeneenl Genemll}, Applicable Provisions; F7A @esl Pmctices I'mcuremenl Ocl. 2016 Revised 3.19 FCP-4 ■ EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and 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. 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; .Sonrces ref.: 17A FY18 Camp. Review Guide for Procurement; DOT FTA FY18 A- fasterAgreemeni Generally Applicable Provisions; P-1A Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-5 ■ EXHIBIT 1A 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 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 Sources ref.: PTA FY18 Courp. Review Guide for h—urenrent; DOT RA F178 h4aslerAgieemeui Generally Applicnhle Provisions: FIA Hest Practices Procnrernerrr 0et. 2016 Revised 3.19 FCP-6 M EXHIBIT 1A 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_$1.50,000 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 Sources ref.: F/A FY13 Comp. Row,, Guide for Procureme f4 DOT/TA FYI S A4nster Agreentent Genemily Applicable Provisions; F7A Rest Practices Procurement Oct 2016 Revised 3.19 FCP-7 EXHIBIT 1A 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. 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 Saw-, ref.: Flit FYI S Comp. Revieir Guide jar Procurement DOT Flit F}'1 S AfasierAgreement Generall}, Applicable Prorisimts; FTA Hest Practices Procnretnent Oct. 2016 Revised 3.19 FCP-8 EXHIBIT 1A 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 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) Sources ref: P-IA FY18 Comp. Reviov Guide for ProcuremenC VOT FTA 1,178 Afaster Agivemem Generally AppRcahte Provisions; F"lA Rest Pmmices Procurement Oct. 1016 Revised 3.19 FCP-9 ■ EXHIBIT 1A 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 Sources ref.: VIA FYM Comp. Review Guide jor ProeuremenL DOT F7A FYIS AfasterAgreement Generally Applicable Provisions; FTA [Jest Practices Procurement Oct. 2016 Revised 3.19 FCP-10 ■ EXHIBIT 1A 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)(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. So uses ref.: F1'A FY18 Conip. Review Guide for Procurement; DOT FTA FY'lS Adaster Agreement Genemlly Applicable Provisions; FM !lest Practices Procurement Oct. 2016 Revised 3.19 FCP-I I tQ EXHIBIT 1A 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 - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid Sources ref: FIA FY18 Comp. Review Guicle for Prourremetw DOT Flit FY18 MasrerAgreement Genemlly Applicable Provisions: FIA Hest Pmcrice.s Procurement Oct 2016 Revised 3.19 FCP-12 0 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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. 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; Sources ref 17A FY18 Comp. Review Guide for Procuremeo; DOT VIA FY18 Master Agreement Generally Applicable Provisions: RA Beat Praclice.s Procurement Oct. 2016 Revised 3.19 FCP-13 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT, 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; 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. .Sources ref : F'1A Fp18 Comp. Review Guide for Procurement, DOT Flit 1,*}78 Master Agreement Generally Applicable Provisions; F7'A Rest Practices Procuremeni Oct 2016 Revised 3.19 FCP-14 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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. 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. .Sources ref.: FTA FY18 Comp. liewem Guide ft)r ProaurmenC UOF F1'A FYIS Maver Agreement Generally Applicoble Provisions; F•TA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-I5 ■ EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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/EgualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www colIiergov net/your-qovernment/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 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 Plan pursuant to Florida Rule Chapter 14-90. 17 RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESS; SAFETY AND HEALTH REGULATIONS 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. 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-- Sources ref.; % fA FIW Courp. Rerieiv Guide for Procurement; DOT F IA F}78 Master Agreemeni Generally Applicable Provisions; FIA Hest Practices Procurement Oct 2016 Revised 3.19 FCP-16 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) • "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 4220.1 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. 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. 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 Sources ref r l•TA FY18 Comp. Review Githk jar Procureiuenr; U07'1• '1A FYIS Uaster Agreement Cmmlly Applicable Provisions; h7A Best Practices Procuremem Oct 2016 Revised 3.19 FCP-17 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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 Evert/ 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. 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 Sources ref: flit FY18 Cmnp. Review Guide for Procurement DOT F1A 1,1'18 Master Agreement Generally Applicable Provisions; FIA Hest P—tices Procareutent Oct 2016 Revised 3.19 FCP-18 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 sec. 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. (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 $160,000) 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 ,Sources ref: F IA FY18 Camp. Revie,r Guide for Procurement; DOT MIA FYIS MnsierAgreetuent Generally Applicahle Provisions: Flit Hest Practices Procirement Oct. 2016 Revised 3.19 FCP-19 F`' EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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. 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. .Sources ref.: FTA FYIS Cony. Revie,v Guide for PracurentenC DOT F IA Ff7S Master Agreement Geaerally Applicable Provisiotrs: FTA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-20 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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 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 Souroes ref: Flit FY18 Comp. Review Grtide for Procutrmem; DOT FIA FY18 h-fasrer Agreement Generally Applicable Provisions; FIA Best ll—ekes procurement Oct 2016 Revised 3.19 FCP-21 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 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 Sources ref: l 1A FNAt Comp. Review Guide for Procurement; DOT F!'A F}'18 Afaster Agreement Generally Applicable Provisions: FIA Best Practices Procnremem Oct 2016 Revised 3.19 FCP-22 Ct( EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 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 Sources ref.: P7A FY18 Comp. Revieuv Guide for Procuren-w DOT PTA F1'18 Master Agreement Generally Applicable Provisions; FIA Best Practices Procurement Oct 1016 Revised 3.19 FCP-23 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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. 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. Sources ref: /7A FY/8 Cotap. Review Guide for Procurement, UOT l•1A F1'18 ataster Agreement Generally Applicable Provisions; Flit Rest Practices Procurement Oct. 2016 Revised 3.19 FCP-24 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 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. Sources ref.: VIA FYI S Comp. Review Gnida for Proetnement; DOT FIA Fy7S Master Agreement Cenerally Applicable Provisions; F7'A Hest Pmctices Procurement Oct 2016 Revised 3.19 FCP-25 EXHIBIT 113 GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE GCA-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions GCA-3 Buy America Certification (MUST BE COMPLETED TO BE CONSIDERED RESPONSIVE) GCA-4 Certification regarding Lobbying GCA-5 Conflict of Interest GCA-6 Anticipated DBE, M/WBE or VETERAN Participation Statement GCA-7 Opportunity List for Commodities and Contractual Services and Professional Consultant Services GCA-8 Acknowledgement of Grant Terms and Conditions GCA - 1 OAO F..XHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Cet'tification Regarding Debarment, Suspension, and Other Responsibility Matters Pi-intaiy 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 conunission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) [lave 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. .lean Loewe x7-6 (,t she 1kr1g4 AmeQi4i Name (� / Project nName 7 j Title Project Number f3rut�� (40(hah'aAAI, 1ru. 3,'- 31S-6 7F? Firm Tax ID Number ,�Z - s6 / • DUNS Number 32 yad 1.dj,7 rl�l IIrI,q, Aadisan Aftcio7� Street Address, City, State, Zip Signature GCA - 2 �� EXHIBIT 1 B GRANTCERTIFICATIONS AND ASSURANCES COLLIER COUNTY Federal Transit Administration (FTA) Iluy America Certification Steel, Iron or Manufactured Products A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification t•equirenrent for procur•enreut of steel, iron, or manufactured products. (SELECT ONE ONLY) Ei�CC/c—,.tific,iteofCoiti)/itiiieewitliBtiy America Requirements The bidder or offeror hereby certifies that it evil) meet the requirements of 49 U.S.C..53230)(1) and the applicable regulations in 49 C.F.R. Part 661. Date: V / 2 Z/ Z-0 7, O Signature: Company: -B rase . In+��rt Try p,y lttrL Name: Title: 1bt re-c Certificate of Non -Compliance with Buy America Requirements The bidder or offeror hereby certifies that it Cannot comply with the requirements of 49 U.S.C. 5323(j), but it nlay qualify for an exception to the requirement pursuant to 49 U.S.C. 53230)(2), as amended, and the applicable regulations in 49 C.F.R. 661.7. Date: Signature: Company: Name: Title: GCA-3 CAO EXHIBIT I B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying; The undersigned certifies, to the best of his or her knowledge, that: (1) No Federal appropriated fonds 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 ethhployec of an agency, a Member of Congress, Huh 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 fiords 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 Fornh- 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, � rasco 14erAj hero & certifies or affirms the trtttlhfulness athd accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 3 t 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. 4 Signature of Contractor's Authorized Official yeqn t,'ee, 1�1r 4�Q.1'Namc of Authorized Official and Title Z4 20 -_____ Date GCA - 4 E:XI-iIBIT I B GRANT' CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification �o 7 � 3 Collier County Solicitation No. 1, Seel t,Ozw� , hereby certify that to the best of my knowledge, neither I nor illy 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 illy 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 .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. Name /rc clor W SAlep Position Da 0 PrivacyAct Statement Title I of the Ethics in Government Act of 1978 (5 U.&C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart 1 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. GCA-5 `" GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED D8ADVANTA6ED,MINORITY, WOMEN 0RVETERAN PARTICIPATION STATEMENT will be verified. Unyerilable statuses vou require the Prumf to either ptdvda a re0sed statement or provide source documcniation that validates a PRIME NAME PRIME FEID NUMBER CONTRAC.T DOLLAR AMOUNT I'S THE PAJI.i� A FILOPiDA-CERTIFIED DISADVAUTAGED, VETEUN y 11 Till ACTIVITY 01 THIS CONTRACT— VIFTERAN I NAME SPECIALTY (see Belo-Arl DOUAR AMO--JfZT DOLLARS NOTE: T114 inicemation is used to track and ireport antitipated DBE Ct MBE 9 Brticipallon infe-defahr-Fulded contracts7�;e anticipated DEE or solicit3,00n, J and,when awarded a Countfoontran, tile piinie iVilf be asked to update theinfrrmatico. for the grakft C0,1rIIBnCe thle5, II ACCEPTED BY: 51ackAM46ran BA Hispanic Axi'.Arican FA NA GCA-6 EXHIBIT IB GRANTCERTIFICATIONS AND ASSURANCES COLLI ER WONT Y G RaslT COt:1PL1A11 CE 1`0111 PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES tt is the polity of coiller county shot disadvantoged businesses and minority vendors, asdefimc in the code 77 Federal Aegufations (CFR) or Florldostotutes (F]SI, must hove the oo ortunitvto ortkipalconcontioctswithhfideroinn*l,/orstate grontosslstonce, Prime Contract orJPrimeconsultant: UP CCCo Inhrr tA"" 1,/U � �r 1 1 / ry // 7 Address and Phone Number: L l%�O lnd�✓J �r l et� Ort "e Aid,Son (t87a �+Tl, ME S'(/ / / S O . �f s� Procurement tiumber/Advertisement Nuatbar: ZO 7 7 3 The list below is intended to be a listing of firms that are, or attempthig to, participate on the project numberedab.'we. Theo list must include the firm biddingor quoting as primer as well as subs and suppliers tgrotinj for participation. Prime contractors and consultants must provide information for Numbers i, z, 3; and 4; and, should provide any'informatiln they have for Numbers 3, 6, 7, and 6. This form must be submitted with the btd package_ 1. FederalTa:riOnumber: 99, 311'(ZS"7 6.[ai DBE B.. Annual Gross Receipts 2. Film flame: R re. SC0 IA& mhoyL %A, Nen-DBE Less than $1 million 3. Phone Plumber. 00 - B'93' 3CGt") Betvieen $1-3 million4. Address 3 L yoo ljarl R1 (�rlr�! Between $ 5-10 million Na"So. YA"JAh. Subcontractor A!t yB07/ 7.R.Subconsultant V Betvieen $1G-15 miilica Ntorethan $15million 5, Year Firm Established: ?y$ 1. Federal Tax Wtumber: 6. DBE B. Anmral Gross Rec6pts 2_ Firm Name: ftoll•DBE LESS than $1 nYtllon 3. Phone Pfuntber. Between $1-3 million 4 Address Betvieen $ 3-10 n17llion, r�1 7. 5u`:contractor Betvieen $ 10-13 million subconsultant more than$15million S. Year Firrn:stablisied: 1, Federal Taxil) Plumber: 6_B Dt E B. Annual Gross RfC405 2. Firm Name: Lis than ;1 million 3. Phone Plumber. Betvieen $ 1.3 million 4. Address Betvieen $ 5-10 millica subcontractor Betvreen;10-15million subconsuttant mare than $15 million 5. Year Firm Established: 1. Federal Tax ID Plumber. 6 DEE E B. Annual Gross Receipts Z. Finn Name: ® rd ;h•66E Less than $1 minion 3. Phone Number: Between $1-5 million 4. Address Between ;5-10million ;. subcontractor between $1o•15 million subconsukent more than 515 million 5. Year Finn Established: Uri tl/t3 ! l20o(d F4 f I a GCA - 7 9 EXHIBIT' 1B GRANT'C R.'ruICATIONS 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. 'file vendor agrees to include in the subcontract that (l) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and I•egulations, 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. 'I'lhe 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 dOClimellt(S). Vendor/Contractor Name tJr-4isca /rt7�rna ,4,g /Ac, Date Z 7-07-7 Authorized Signature Address-72-YOO J UJ rr�i/ O/'!vN A44rp4 /W"P4, MZ VIP?/ Solicitation/Contract # 2-0 ? 731 GCA - 8 FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7731 for CAT Shelters and Amenities Purchase THIS AGREEMENT, made and entered into on this day of 2020 , by and between LNI Custom Manufacturing LLC , authorized to do business in the State of Florida, whose business address is 15542 Broadwav Center SE, Gardena, CA 90248 , (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 W upon the date of Board approval -❑-ot t------- ------------------------- and terminating on three ( 3 ) 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 ❑ "lotic4 o-P10ce . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request -for Proposal=(RFa) ❑■ Invitation to Bid (ITB) ❑ Other _.. �...._ �.._.. ) # 20-7731 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. Al The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page Iof17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) CAD 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. 3.2 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 3 3. ❑ The-procedure{for-obtaining-Work-unde, ,this-- Agreement: is -outlined -in ❑ Other Exhibit/Attachment:--..��.� � ,-------�� -- 3.4 ❑ The -County -reserves -the -right to -specify -in -each -Request for -Quotations: the -period oircomplet,oni cellecton=of liquidated dumugAs in the aL,ent of lutetsernpletreo; and he Price-^�lethodology�-selooted-io-�:1_.- 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- 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): ❑ Uump Sure:--(Fixed---Price):-m,A! firm-fixed-total--price-of€ering.--for a--project;--th--risk re trap€ferredµfrom_the-Count "y.. to _the -contractor- --.as and,- a -business pract9ceu-therQno-are-, hourly-orw--mate-rcar•- into, es ----presented; rU-ther,-the-contractor___m�;---+,per-form-to the catiefantron°°ofXthca...u�.��nty,'..syNr��ertyrYic�.Yi�yer-=�efnr4._�,�.yr?;+�arat.,fnr,thFa.�fivar�w I/+�„nv-.yrira��. V 1..11:1 G, N tl V i i u ./ 1V 4- lA Ii�+l IL IV 1� ICV �( pro "o•I'"7G t -authorized: ❑ Time -and -Materials: The -County agrees,-to-pay-the--contractor--for-the-,amount-of-tabor time ---pant by-the-contractor's-ernpioAyeesaand ubcor tractor-p,-to-perform-the-worka(number of-hours-times,-hourlymte)i-and-for materlalc, and equipment--used--ii,9-the-project-(cost-of ma-terials_plus-the-contrac-tar'P.r-ma-rkup) This -methodology -is -generally used-in--projects-in which Ytl _ipJunot.possble-t^.Uccura.tVcI ye.pV tirnat-+Ih.Va.api i e- offLhe-project o,, -�♦Y hen-itic,-expected that the. -project requir-erne-nts-wouid- most,likely.change..- ,4.s-a-ge-neral-business-practice, these-co^tracts-include--backWup-docume feat+orof-corts;-lnvoioee-,oioauld-include--nurmber of--hour-s--,vorked-arid---bi-lli-ng---rate--bye-povition--(and-not -company---(or subcontractor-) time-keeping-or-pa3yaroll--records).,._n,aterial--or equipment-Invoices;-.arid--Gthrer-relmbur-,o.ble d ocumen tuti on-•for-the-p roj e et W 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). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "lashes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 (check,-.ifopplirable)._,Tr_l,rnl.._.onrl.- Rnirohl�rc�hln .-Fvnnncnc� Travel -"-and 1 V 1\ 11'�'_vu II VIA" IV Tr_ -,.-_I-- �MYY{i1 Y-�V YY-Y �YJ`NY`V YA M` V � �" '�.Y III-YV VV`• to V U ReimbursUble Expenses-must--be--approved-in-advance-in-writing--by the_Count-y Travel expeevr�anses,aholl_ba,rsrimhrScrJ as..ner Car{•ir�r�--'1..1?._11R1_rlo_._C4a+a._, l ,ses -J1 a!l a reimbursed sed WV"-tAV Sects 1 I - L."VV-1 1'-IIA: \JI\A+IIJ. Relmbursae m-.ntV"-shal!.. be-.Ut,,.the-. ollo` i,ng--ra'L�J:' ,^,ilea- e $0.44.5.-. er ,mile Breakfast $6 00 Lunch $1,1_00 -Ginner $19,00 Airfare Actual -ticker cost---limited--to--tourist -or-coach c I:a,, s'.. f N.re. Rental -car I'IVI Il - lA Actual`��rental.. cost --! rY;itcd u.•to ccmpuct� or stanrin d-'JIL,'VY�hIVI �J' Lodging Actu,I-cost-of,!odging--at-single-occupancy rut, with. a-ca - _of no-more-than-wJ"50:00- erns -,"t Parkin^ Actual cost -of parking. Taxi or -Air ort Limousine Actual cost -of either taxi or air ort-limousine Reimbursable items other than travel-eXpenscs shall be limited to-th,-following: -=telephone long-distance charges, -fax-charges,-photocopying-charges-and-postage-.--Reimbursable iteir+s �nYill--ba.....Fair!_-�niy_a L-1. ('CntrorI�r "c__prrriider�_al!,,-r---I IS _,_(' r3tMct�r sshnll._.be IlV IV'-' il! V ai.d n nf+, hr C race 1 1-1UJ V-Y1 V "IAI � rVVVI I1:J. \/ 1 ll-G 1_." -11TIr \+ responsible -,-for Ua!1- othVer_coJtU Uond-expanJeJ'..NJJoV iUted.,wiIth- activities --a nd--Jolici1tUtionJ 'undertaken-purJuant-'tV thiJ-IAgreVmAnl� 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 or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 0 Company Name: LNI Custom Manufacturinq LLC Address: 12536 Chadron Ave Hawthorne. CA 90250 Authorized Agent: Scott C. Blakely Attention Name & Title: Clay Blakely, Sales Manager Telephone: (310) 978-2000 E-Mail(s): clay anlnisigns.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Michelle Edwards -Arnold Division Name: Public Transit & Neighborhood Enhancment Division Address: 8300 Radio Road Naples. FL 34104 Administrative Agent/PM: Telephone: E-Mail(s): Yousi Cardeso (239) 252-4995 Yousi.Card eso colIiercountyfl.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 necessary for the 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. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) CAU 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. 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall 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. FM� Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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. R, Auto I.__iabi!ity:• Coverage shallhave minimum limits of r_Per_Occu[rrence; Combined Single Limit for -Bodily Injury Liability. and l7roperty_<:Damagc� I io�illlty _-Th{c ,c oll_.ir�nl�rJa...(ll[�irncrt \�c i�lcc ., J lirod,.ond,..%I{�n (l`n[ d. 'I -1 V - CAI II:Y �,r LIU III I N"'J 1A 11 'l l- VI VV.- L/V 1 IV4 �+ 11 Ilr .! 1 11 is lAl I 1 Y .I Y 1 Vehicle -and Employee radon Ownership: C ❑ Workers- Corr.Nensation.._._.Insurance--covering a!! employees meeting -Statutory Limits in compliance with the-applicable-✓tate-and-federal-laws. The coverage }must include Employers', Liab{!{ty with a minimumlimit of Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) ❑ Professional --Liability: -Shall-be-maintained-by--the--Contractor-to-ensure-its-legal I1a - ity -, fo/� ai a arisi g-,,oI i /� f e.- earf/� rya e-,of ro cF1' y�al.,-car> ice-.—under-this ilAb=lll� �IVr`-VIUImJ"�1.�1'i.11ny ollt" iJl ""thV"pVl'1L'rllll.inUV VI 'pl VfeJJio111AI Jbi .greeme.„ontruct .."lr1nJLulrivansl'.-ieit'i-rig la.+hIlt'--ho.f_`acovo ,-uarLguy(i �Jct.p_County uJ o,uny claims Juna-^or this -insurance --Such } Ve„•lIf"i-I1tJ�o1 1iVt•I'liJJ-,"thla.n`w'" Quv1' claim "and aggregate: E. ❑ ,thee. r_I,_,iaabi!it i Coverage -shall --have ;minimum F_ ❑ :-Coverage ...shall-have-minimurn-.:limits--of $ par c13i i -. Special Requirements: 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 Insured 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. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 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. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enhancement 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), X Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R-FP/ W ITB/❑----- # 20-7731 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequ, nt qu^te , and R Other Exhibit/Attachment: Contract Provisions & Grant Certifications and Assurances 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 Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) (C ka 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: 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. Page 8 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) 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. 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. ❑ CLEA N_UP.. -Contractor-agrees to._keep-the-Pro;,ect site -clean a+ a!l tirnes of d bras; rubbish---and-waste-ma#er-ia[s--arising-_ou,-of-the,'P.IIork:,A',--the- c-ompie-tion,-of-the---Work Contractor-shall--remove-all-debris; -rubbish--. nd-vvas-te-materi-als from -and -about t-he-P-ojQet site;-ao-��vell ac ail -tools appliances conctructlo"quipment--and-machiner-y and--sufpluc, material€; andshsl! iAave-the�Project sitecleun 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. 0 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 Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.l) C t ` 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, 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 for 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. ❑E 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. ❑E 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 to 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 Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 0 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. 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. 34. ❑ !BEY---P_ERSO�INEL: T-he--Contractor's personnel---and--management te-be--ut hz-ed-for- this..project shallwbe--1 nowledgeable-in--thoir,�,re-a,--of-.xportise -The-Coj.-Irrt,-ross-Pates-th-e rightT-to-perform-investigationv.,-as--r-nay.._be-deerayed--neces- ry-t,o-ergsureil�t-eompo-tent persons•�t,ll--be.-ut,lrzed-in-the performance--ofthe Agreement:-The-Contractor-Phall--assign as-many-people-as-necessari-t,o-complete th�-,_servrices--on-a-timely-basi-.. ,--and-each-person assigned-shall-be,available&-for-u:�amount -of-time-adeq ;ate-tewmeet-the--req red-4ser-rice dates:--The�Contractor--s-hall-notchange-1 ey- Personnel-unless-the-following-condition�ure .met--,I1,)-.-Proposed-replacement�have-substantialy the-same„^r better quali#icat;cns andlor. experience.:-w(2). thatNthe--Goa-nty- is--notified_-in-,vvr-iting-as far in-advance--a�posslble: The--Contractor-shilli4muke-commercial!-y-reasonable, effar-ts-to-notify Celaier Count-y- vvit n seven-( )-day-s ofthe-change: ThemCounty--retains.finalwuppra,,�,al--of propes-ed-replacement personnel Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) FE� 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. 35. ❑ O!RDE—P OF Pf*2ECEDGNIrE: In--the-evert of-are-y_conflict between -or -arm -gong -the -term- s of -any -of -the- Contra ^ Document,--, -the .terms--o€-soli^itatison-.the-Contractor--P,Pr-opQc-ai;4 and,/or-the-County' Boar-d -a-pproved-Executi-,,te--Summar�t the -Contract,.Doe-uments, cha t take -precedence: FN� 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 Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) , i 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. 38. ❑■ 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 Multi -Contractor Agreement 2017.008 (Ver.1) CAO IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agireernent on the date and year first written above, ATTEST; Crystal K Kin el, Clerk of Courts & Comptroller By; (SEAL) nt Cont Typelprint Witness narnet Approved as to Form and Legality' County Attorney Print Name BOARD OF COUNTY COMMI.SSIONERS COLLIER COUNTY, FLORIDA By_ — u.,pr L �-"ji In4jarct C hairrnan N !'ago 14 of 17 j'i%cd Term Smice MkIlEi C'OMMrLot Agreement 2017J308 (Ver_1) t) Exhibit A Scope of Services ❑1 following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 9 ITB# 20-7731 "CAT Shelters and Amenities Purchase" EXHIBIT A SCOPE OF SERVICES The intent of this Agreement is to supply the Collier Area Transit (CAT) bus shelters and associated amenities including benches, bike racks, waste containers and solar light packages. This Agreement has been awarded on a Primary /Secondary basis, per category, as outlined in Exhibit B-Fee Schedule. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein as follows: Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. All equipment and components must be new: shall not be used, rebuilt, refurbished; shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes. Shelters and components must be in full compliance with the Americans with Disabilities Act (ADA) regulations. • Pricing shall include delivery: Shelters shall be shipped upon approval of the County's Project Manager and/or designee and delivery address will be provided at that time. Every component needs to meet the FBC 2010 170 mph wind standard for Collier County. Category I - Shelter Details Shelter A — Standard Shelter w/ Extended Roof (See Model BL-06-13-OF-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 4' • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 5.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 3 1 " (Typ. 2) Shelter B — Standard Shelter (See Model BL-05-13-OF-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 4' • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 4.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 3 1 " (Typ. 2) Shelter C — Slim Shelter (See Model BL-05-13-C-SSG) • Shelter Width: Approximately 11.5' • Shelter Depth: Approximately 3' Exhibit A -Scope of Services CAv Page 1 of 5 • Shelter Height: Approximately 7' (bottom of roof rafter) • Roof Width: Approximately 12.6' • Roof Depth: Approximately 4.6' • Roof Height: Approximately 2' (30 Degree Roof Angle) • Rear Panels Width: Approximately 32.5" (Typ. 3) • Side Panel Width: 21" (Typ. 2) General Specifications Shelter • Shelter shall be constructed of durable components and designed to be erected on -site without specialized equipment or tools. • Withstand 170 MPH Wind Load • Exposure Category "C" • All extruded aluminum components shall be 6063T5 or 6061T6. • Shelters shall include all fasteners necessary to anchor shelter to concrete slab. • Aluminum structure with 3"x3"xl/4" columns • Wall glazing (sides and rear): 1"xl" aluminum tube frame with .90" perforated aluminum inf►ll panel (1/4" holes on a3/8" stagger). • Infill panels shall have a 1/4" margin around the full perimeter for a smooth finish. Cut perforated sheet is not an acceptable alternative. • Powder coated finish- RAL 600.5 Roof — RAL 9003 Walls and grillwork. • All aluminum surfaces shall be Polyester Powder Coat with a minimum 4-stage pretreatment, and a finish coat 4 — 5 mil thickness and shall have Anti -Graffiti Coat. • Components shall be sized to comply with the load requirement for the project and shall not be less than the dimensions shown on the plan and indicated in this specification Shelter Roof • Roof material — Aluminum, Standing Seam Roof shall be minimum .060" thick aluminum sheet with 1" seam. Roof to be powder coated on all sides. • Roof type - Gable with 30-degree roof angle. • Roof Construction: Self -drilling or self -tapping fasteners in tension (or pull out condition) shall not be an acceptable method of securing the roof assembly to frame • Roof assembly shall consist of fully welded Perimeter, Beams, and Rafters. All welds to be ground smooth. • Roof shall be Aluminum Standing Seam Gable style with fully enclosed ends, and shall accommodate insert for logo, or branded image. • Each roof seam will be supported by a rafter. Map Case • (2) 24" x 36" Information/ System Map Case with Clear Tempered Glass or Polycarbonate Lens .250" thick. Map frame constructed of extruded aluminum. • Back Cover Plate shall be minimum .060" thick and powder coated to match. Contents shall be visible from one side. The frame must accommodate a document measuring 24" X 36" without folding and shall include security hardware. Frame shall be fully gasketed and weatherproof. Door shall have an integral horizontal sliding track to securely contain printed material. Door shall have continuous Stainless Steel Piano hinge or equivalent, and be secured with Tamperproof fasteners. The map case must withstand winds of 170 miles an hour and any unauthorized effort to remove it. Exhibit A -Scope of Services 0Page 2 of 5 Fasteners • All fasteners shall be stainless steel, aluminum, or a combination of both. Zinc plated fasteners will not be accepted. Roof Mounted Solar Lijjhting Package (Adjustable to various positions) • Must withstand winds of 170 miles an hour. • Daylight LED light fixture • 55 Watt Rigid Solar Panel • 5 Day Autonomy minimum • Dusk to Dawn Operation • Minimum 32 Amp 12 V Battery • Minimum 12 V 10 Amp Controller • Self -test system to allow field diagnostic and system status • Minimum 5w LED Light Fixture, UL listed fixture, and manufactured in the US. LED color is cool white. Manufacturer to provide detailed calculations for Autonomy, System Loss Compensation, Power Requirements, Temperature Compensation, Battery Reserve, Solar Array, and demonstrate 1.25 Minimum ALR. All Calculations shall be based on Worst Case Solar Insolation (WCSI = December) for Collier County. • Manufacturer shall provide a photometric plot for light output, and demonstrate a minimum 6 foot candles at bench height, with a minimum 2 foot candles at ground level through the entire shelter footprint. • Solar lighting shall be factory installed into Shelter Roof Assembly and will require no field assembly of the system. • Activation of the system will require only field connection to the battery source. Category II - Waste Containers These waste containers are for the purpose of installing by the bus shelters for public use. They must have the following characteristics: • Units need to be 32 gallons Rib receptacle in gray with inner liner. • Units need to come equipped with surface mount to/for concrete slab. • Units shall include all fasteners necessary to anchor unit to concrete slab • Units need to have gray dome top recycled plastic lid preferably. • Unit need be a material that will not rust or corrode in outdoor installations and will not be affected by any weather conditions Catetwry III - Bike Racks These bike racks are for the purpose of installing by the bus shelters for public use of storing their bikes. They must have the following characteristics • Units need to be U shape rack with surface flange mount. • Racks shall include all fasteners necessary to anchor rack to concrete slab (6" Minimum Slab) • Units need to be powder coated gray. • Units need to be a material that will not rust or corrode in outdoor installations and will not be affected by any weather conditions. Cate2ory IV - Southern Style Bench These benches are for installation within the bus shelters and need to be ADA compliant. Units must have the following characteristics: • Measure 6' feet long (Approximately 16" inches high and 21" inches deep). • Must meet minimum ADAAG requirements • Recycled plastic slats in gray with support in the back for sustainability and durability. • Powder coated stainless steel arm rests on each end and in the middle. • Each of the legs must anchor easily with bolts to cement for security. • Benches shall include all fasteners necessary to anchor bench to concrete slab. • Units must be of a material that will not rust or corrode in outdoor installations and will not be affected Exhibit A -Scope of Services Page 3 of 5 by any weather conditions. Category V — Solar Package for Courthouse Style Shelter (Retrofit) These solar packages must be designed for installation on existing Collier County Courthouse style shelter (Brasco Model JR Executive Series - JR EX513- ILS) • Must withstand winds of 170 miles an hour. • Daylight LED light fixture • 55 Watt Rigid Solar Panel • 5 Day Autonomy minimum • Dusk to Dawn Operation • Minimum 32 Amp 12 V Battery • Minimum 12 V 10 Amp Controller • Self -test system to allow field diagnostic and system status • Minimum 5w LED Light Fixture, UL listed fixture, and manufactured in the US. LED color is cool white. • Manufacturer to provide detailed calculations for Autonomy, System Loss Compensation, Power Requirements, Temperature Compensation, Battery Reserve, Solar Array, and demonstrate 1.25 Minimum ALR. All Calculations shall be based on Worst Case Solar Insolation (WCSI = December) for Collier County. • Manufacturer shall provide a photometric plot for light output, and demonstrate a minimum 6 foot candles at bench height, with a minimum 2 foot candles at ground level through the entire shelter footprint. References • The Aluminum Association — Aluminum Design Manual 2010 • American Welding Society — AWS D1.2/D1.2M: 2008 • ASCE 7 2010 Minimum Design Loads for Buildings and Other Structures • ASTM B 209 Specification for Aluminum and Aluminum Alloy - Sheet and Plate • ASTM B221 Specification for Aluminum and Aluminum Alloy — Extruded Bars, Rods, Wire, Profiles, and Tubes • Florida Building Code 2010 (170 MPH Wind Speed) • ANSI Z97.1-1975 Safety Glazing Materials Used in Buildings • Americans with Disabilities Act of 1990 (ADA) Submittals — The Counly requests that Vendor provide the following upon request by County Project Manager, throughout the life of the contract: A. Product Data - Manufacturers' brochures, specifications, and installation instructions. The county requests the vendor provide samples of shelter finishes through company catalogs, brochures, and/or pictures. B. Shop drawings of the complete shelter layout, includes cut section and connection details. C. Submit structural engineering design documents bearing the seal of a structural engineer registered in the State of Florida for each shelter size. D. Manufacturer's statement of certification that materials meet or exceed all applicable loadings (wind load, live load, dead load, snow load) for the project location in accordance with current IBC 2006, and ASCE 7-05. E. Evidence that Shelter manufacturer has a minimum of 5 years' experience in designing, and fabricationof the specified shelter. Quality Assurance A. Shelter shall be designed to comply with local building codes. Exhibit A -Scope of Services Page 4 of 5 Cnv Delivery and Storage A. Deliver shelter with roof fully assembled including solar components — no field assembly of roof components or solar lighting system will be accepted. B. Walls and other components shall be assembled to the maximum extent possible in clearly labeled crates and cartons. Warranty Manufacturer warrants that shelter shall be free from defect in parts and manufacture for a period of one year. Manufacturer shall maintain inventory of replacement parts for ten years after delivery of shelter. Exhibit A -Scope of Services CAS Page 5 of 5 Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) 0 ITB 20-7731 "CAT Shelters and Amenities Purchase" EXHIBIT B FEE SCHEDULE LNI Custom Manufacturing LLC Total Unit Price Total Order Item No. Shelter type Item Description Unit Order (Per Unit) Quantity Cost Quantity* Delivered"' ' Collier County is requesting various (1,5,10 units) Total Order Quantity Cost "Delivered" prices to allow flexibility in ordering in bulk. " Product shall be delivered to Collier County at a single site per delivery) as requested. Pricing shall include delivery and be all inclusive. CATEGORY I - SHELTERS WITH SOLAR LIGHTING PACKAGE SECONDARY 1 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $17.120 $17,120 STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING EA 1 $17,000 $17,000 2 B PACKAGE STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR EA 1 $16,950 $16,950 3 A LIGHTING PACKAGE 4 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 5 $13,725 $68,625 STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING EA 5 $13,620 $68,100 5 B PACKAGE STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR EA 5 $13,540 $67,700 6 A LIGHTING PACKAGE 7 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 10 $13,725 $137,250 STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING EA 10 $13,620 $136.200 8 B PACKAGE STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR EA 10 $13,540 $135,400 9 A LIGHTING PACKAGE CATEGORY II -WASTE RECEPTACLES SECONDARY WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. EA 1 $1,380 $1,380 10 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. EA 5 $1,140 $5,700 11 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. EA 10 $1,100 $11,000 12 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT CATEGORY III - BIKE RACKS SECONDARY 13 BIKE RACK - "U" RACK, SURFACE MOUNT LT GRAY EA 1 $440 $440 14 BIKE RACK - "U" RACK, SURFACE MOUNT LT GRAY EA 5 $440 $2,200 15 BIKE RACK -`U" RACK, SURFACE MOUNT LT GRAY EA 10 $440 $4,400 CATEGORY IV - BENCHES SECONDARY BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE EA 1 $1,500 $1,500 16 SEATING SPACE. BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE EA 5 $1,400 $7,000 17 SEATING SPACE. BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE EA 10 $1.400 $14,000 16 SEATING SPACE. CATEGORY V - SOLAR PACKAGE FOR COURTHOUSE STYLE SECONDARY SHELTER SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING EA 1 $1,850 $1,850 19 COURTHOUSE STYLE SHELTER. SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING EA 5 $1,700 $8,500 20 COURTHOUSE STYLE SHELTER. SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING EA 10 $1,550 $15,500 21 COURTHOUSE STYLE SHELTER. Prices shall remain firm for the initial term of this contract Other Exhibit/Attachment Description: Federal Contract Provisions & Grant Certifications and Assurances ❑ following this page (pages 1 through ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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. S—r— ref.: !-IA FYl R Cotnp. Revieir Gtdde for Procuretnenr; DOT FTA FY18 Master Agreement Genemll), Applicable Provisions; F7A Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-1 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS APPLICABLE FTA PROVISIONS ADW 1rAQ1 i` rntiTRer.T r.i eticF 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 y 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) ❑ i 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 ® ed Business Enterprises DBEs 15. Disadvantaged p (DBEs) Complete , Forms (Anticipated DBE Form, Bidders List ❑ j 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 (>$1 OK 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 Grants) ® 36. Termination Provisions >$10,000 ® 37. Privacy Act .Sources ref.: P7A Fp13 Camp. Revicu, Guide for Procurement 1)07'1 PN F3'18 MasierAgreement Genemlly Applicable Provisiats; P7A Nest Practices Procurement Oct. 2016 Revised 3.19 FCP-2 EXHIBIT 1A 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 Sources ref : FTA FY18 (7omp. Revi-, Guide for ProcuremenC DOT FI A F)'l8 Afaster Agreement Generally Applicable Provisions; F7A Best Practices Procnremem Oct. 2016 Revised 3.19 FCP-3 EXHIBIT 1A 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 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.treasurygov/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 Sowres ref.: FIA FY18 Comp. lieviov Guide for Procurement' DOT FI'A FIFIS Mader Agreemew Generally Applicable Provisions; FfA Best Pumices Pmeuremeru Oct 2016 Revised 3.19 FCP-4 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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. 53236) 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. 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; .Somres ref.: Flit FY18 Cmnp. Review Guide for Procurenent; DOT F7A F}78 plaster Agreement Generally Applicable Provisions; F7A Hest practices Procurement Oct. 2016 Revised 3.19 FCP-5 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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 Sources ref: RA FYIR Comp. Review Guide for Procurenienr; DOTFTA FYB Master Agreement Generally Applicable Provisions; FIA Best practices Procurement Oct. 2016 Revised 3.19 FCP-6 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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 .Sources ref.: Flit FY/8 Comp. Review Guide for Procutrmenr DOT FI'A FYlB hfaster Agreement Genemllp Applicable Provisions; F!A Rest Practices Procurement Oct. 2016 Revised 3.19 FCP-7 EXHIBIT 1A 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. 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 Sources ref.: F1A FY18 Comp. Review Guide for Procurement; DOT Flit FY18 Master Agreement Generally Applicable Provisions: FIA Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-8 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT. 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) Sources ref: FTA FY18 Coup. Reviev Guide for Pronvemenr; DOT PTA FYIS blaster Agreement Generally Applicable Provisions; Flit Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-9 EXHIBIT 1A 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 Sources ref.: 11 A FYI B Conip Review Guide for Procureatent; UO'171 A 1,37 Y Atasier Agreemetu Getterallj, Applicahle Provisions; FAA Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-10 EXHIBIT 1A 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)(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. Somres ref: FI'A FYI B Comp. Review Guide for Procurement, DOT FIA F7'18 A -faster Agreement Genetwil}, i1 pplicable Provisioter M Best Practices Procureient Oct. 1016 Revised 3.19 FCP-I I ,C EXHIBIT 1A 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 - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid Sources ref.: FTA FY18 Camp. levier Guide for Procurement: DOT FTA F}'18 Mauer Agreement Generally Applicable Provisions; 1-7A Hest Practices Promvrntent Oct. 2016 Revised 3.19 FCP-12 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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. 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; Sources ref.: VIA FY18 Comp. Review Guide for Procurennent! DOT RA FY18 Master Agreement Generally Applicable Provisions; FIA Best Practices Procurement Oct 2016 Revised 3.19 FCP-13 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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; 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. .Soaves ref.: T IA FYM Comp. ReWeu, Guide fi>r Procu rentent; DOT FTA FI78 Afaster Agreement Generally Applicable Provisions; FlA Hest Practices Procurement Oct 2016 Revised 3.19 FCP-14 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA 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. 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. Sourcesref. FTA F)'18 Comp. Review Gunk for Procuremem; UOf F%A FY18 Master Agreement Generally Applicable Provisions; 1-1A Rest Practices Procurement Ocl. 2016 Revised 3.19 FCP-15 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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/EgualOpportunityOfficeBusinessDirectory/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 201h 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 Plan pursuant to Florida Rule Chapter 14-90. 17. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESS; SAFETY AND HEALTH REGULATIONS 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. 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 -- .Sources ref: Flit Ff'18 Comp. Review Gtdde fi,r Pmcareiaenf DOT FTA FYIS Maslen Agreemenl Generally Appllcahle Provisions; Fl A Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-16 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) "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 4220.1 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. 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. 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 Sources r f.: FTA FY18Comp. Review Guirle for Procurement: DOT FlA FY18 Master Agreement Generall1, Applicable Provisions; F I'A Rest Practices Procurement Oct. 1016 Revised 3.19 FCP-17 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) respect to that Federal contract, grantor 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. 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 Sources ref.: Flit FY18 (7ony, Reriem Guide for Procurement; DOT MIA F)'181vfaster Agreement Genemll), Applicable Provisions; FIA Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-18 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 sec. 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. (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 .Sources mf.: P lit F178 Comp. Revie,r Guide for Pmutremew; DOT !%A l� 1'13 Hlnster Agreement Generally, Applicnhle Provisions: RA Hest Pmclice.c Procurement Oct. 2016 Revised 3.19 FCP-19 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 Evert/ 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. 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. Sources ref.: 17A I,Y18 Comp. Revieu, Guide /or Procurement U07' F/ii FY13 Amster Agreement Generally Applicable Provisions; FIA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-20 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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)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 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 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 Somres ref : FI'A FJW Comp. Review Guide for ProcuremenC DOT FIA FYIS AIaater Agreement Generally, Applicable Provisions; nA Best Practices Pracuremeni Oct. 2016 Revised 3.19 FCP-21 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 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 sources ref: 1- 4 FYl8 Comp Revicir Guide for Procaremem; DOT I -TA FYIS A -faster Agreement Generally Applicable Provisions; F[A Hest Practices Promnement Oct. 2016 Revised 3.19 FCP-22 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 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 Sources ref: FI'A FYM Contp. Rerleie Gaide for Procurement; DOTVIA FI'18 Master Agreement Getnetull), Applicable Prot,isiotis. FGl Hest Practices Procurement Oct. 2016 Revised 3.19 FCP-23 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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, 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. Sourres ref.: FIA FY18 Comp. Revicv Guide for Procurement; VOT FIA 1-}78 Master Agreement Generally Applicable Provisions; FIA Best Pmaices Procurement Oct. 2016 Revised 3.19 FCP-24 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 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. Sources ref.: 1%lA FYIS Comp. Revicm Guide fior Procurement: DOT Flit FY18 Master Agreetnetu Generally Applicable Provisions; HA Best Practices Procurement Oct. 2016 Revised 3.19 FCP-25 EXHIBIT IB GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE GCA-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions GCA-3 Buy America Certification (MUST BE COMPLETED TO BE CONSIDERED RESPONSIVE) GCA-4 Certification regarding Lobbying GCA-5 Conflict of Interest GCA-6 Anticipated DBE, M/WBE or VETERAN Participation Statement GCA-7 Opportunity List for Commodities and Contractual Services and Professional Consultant Services GCA-8 Acknowledgement of Grant Terms and Conditions GCA - 1 EXHIBIT I B GRANT CERTIFICA'11ONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, an(] 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, lorgery, bribery, falsification or destruction of records, making false statements, ar receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective pl.imary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Clay Name S._(�1_i�,�< Title Firm St cc Adres , City, State, Lip Signature Project Namc Z C) ^ T 75. \ Project Number q,-r,4s-61-6�7q _._ Tax ID Number �y("�nQ, q3— 011' 8s; CE DUNS Number w�1 � �� • i �� r � Cq 02M GCA - 2 EXHIBIT l B GRANTCERTIFICATIONS AND ASSURANCES COLLIER COUNTY Federal Transit Administration (FTA) Buy America Certification Steel, Iron or Manufactured Products _ A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. (SELECT ONE ONLY) Certificate of Com flance with Buy Am •ica Re( h bidder or offeror hereby certifies th it will applicable regulation in 49 C.F.R./P�art 66 / Date: g I Z Z_ U Signature: Company: iv Cy Name: Title: the requirements of 49 U.S.C. 53230)(1) and the ❑ Certificate of Non -Compliance with Buy America Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 53230)(2), as amended, and the applicable regulations in 49 C.F.K. 661.7. Date: Signature: Company: Natne: Title: GCA - 3 ('' 1 XIJIBIT 113 GRANT CERTIFICATIONS AND ASSURANCES 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 fords other than Federal appropriated funds have been paid or will he 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- LI.,L, "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. § t352 (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, __Lwa —, 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 T)&isions of 31 U.S.C. § 3801 el seq., apply to this certification and disclosure, if any. In�lition the ontractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to thi.. eIrtificatio and disclosure, Wally. gnature of Contractor's Authorized Official M(M\ Name of Authorized Official and Title Date GCA - 4 CI EXHIBIT I GRANT CEWTVICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 20-7T31 Collier County Solicitation No. Lt ir�I,�Nhereb certif that to the best of my knowledge, neither 1 �) Y Ynor my spouse; dechild, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or emp ee, 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 disc], se any interest i, or anyone noted above, has in any person or organization that does become involved in, or i ffec a 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. GCA - 5 CAO EXHIBIT II3 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be ,,erifted. Unverifiable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDORAONTRACTOR INFORMATION PRIME NAME I PAVE FEID PLUMBER I CONTRACT DOLLAR AMOUNT ISTHE PRIME A FLORIDA EATIF ED DiSADVA?STAGED, L'ETERAFI Y N 'S THE ACTIVITY OF TH15 CONTRACT... MINORITY011i'lOb"EP7BU t{ESSEtlTEAPAISE? OBE? V 'J CONSTRUCTION? Y N (DBE/MBEfWBE)ORKVEA MALL DISADVANTAGED BUSINESS SACeATIFiCATIONF.%N1,THEWALLBUSRJESS MBE? Y J CO"9SULTATIOW? Y N ADMINISTRATION? A5ERVICEDI BLEDVETERArt? WBE? Y N OTHER? Y N SOB CA? Y N IS THIS SUBR,i SSOPI A REVISION? y N If YES, REVtSION NUMBER B. IF PRIME HAS SUBCONTR OR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN O ERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DOE M/WBE SUBCONTRACTOR OR SUP �.IER I TYPE OF WORX Oil I ETHNICITY CODE I SUB/SUPPLIER PERCENT OF CONTRACT VFTFV NAME 7 SPECIALTY isee Below) DOL ARAMILINT DOLLARS TOTALS: C. SECTION TO BE COMPLETED BY PRIME'VENDOR%CONTRACTOR NAME OFSUBMITTER I DATE TITLE OFSUBMrrTER 11 EMAIL ADDRESS OF PRIME (SUBMrTTER) I TELEPHONE NUMBER I \ FAX NUMBER I NOTE: This information is used to track and report anticipated DBE or MBE participation in federally}gnded contracts. she anticipated DBE or taBE amount is voluntary and will not become part of the contractual terms. This farm must be ub,mitted at time of response to a solicitation. if and when awarded a County contract, the prime will be asl:ed to update the inform tion for the grant compliance files. ETHNICITY CODE Black American BA Hispanic American HA Flative American NA Subcont.Asian American SAA Asian-PacificAnterican APA Non•Mincriv,r women 141,11 V other: not of any other group listed 1 O 11 D. SECTION TO BE COMPLETED BY COLLIER COUNTY n FOAOTAAFrdTAl A?AF I Ci3LLIERCO147RACTNIIFBFRFPor POiRE03 I GRANT PR OG RAM/CONTRACT 1. ACCEPTED BY: I DATE I GCA-6 +/ EXI IIBIT I B GRANT CERTIFICATIONS AND ASSURANCES CC) II! H, CQUNF'd GkAfi,r f 3'.-n`,f•u,tirlre FOPM �ID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES n is mf phcy of CoWer is and r.3�i,yor,tp rendtirs, as defrr:ed in the Code ojFedero! Rw-guiatiuns (CFR) ar Florida Statutes {Fal, must have the Oppogunj*y to +aV21j'i\cote vr, cant, cats vrth eoerat cndr'olLlr�state rant assistance. Prime Contractor/PnmeCansultant: L,v ` Uti�vvt rY71 ;')�i' 3t,A 9+z-Z600 Address and Phone Number: '��AZ, �Mt l r �11• � Procurement Number/Adaertiscnment Number: The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bidding or quoting as prime, as Well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and B. This form must be submitted wl h the bid package. 1. Federal TaxiONumber A 6. DBE S. Annual Gross Receipts 2. Fin)) flame: 1 CU \ Non -DBE Less than S i minion 3. Phone Number. 1510. ciq-F8"ZooO Between 51-5nmi1on 4. Address M 554'L 9JiOv Al -,a Wr+tr_A SY Betvreen $ 5.10 million (10,tUW1\, CLAD, �{6249 7•R subcontractor Between 510•15million 5ubconsultant more than S is million 5. Year Firm Established: /% 1 Federal Tax: l0 rtunmbev 6. DBE U. Annual t,ross Receipts 2, Firm Name: Non -DBE Less than $1 million 3. Phone Plumber: 4, Address 5. Year Firm Established: A. FederalTa'clDtlumbet 2. Firm Name: 3, Phone Number: 4. Address Between 1-5 million Between ; 5.10 million 7. Between S 10.15 million ®Subcontractor subconsultant more than S 15 million 6. DBE B. Annual Gross Receipts Ncn-DBE Less thin $lmilfon Between S 1.3 Wilon Between $ 5-10 million 7. Between $ 10-15 miilien ®subcontractor SehconTuiant More than S 15 million 5. Year Firm Established,. 1. Federal Tax 10 t4umber. 6.® DBE 8. Annual Gross Receipts 2, Firm Name: Nan -DBE Less than S 1 million 3. Phone number. Between 31-5 million 4. Address Between$ 5-10 million 7. Between S 10-15 million RSu4contractor subconsu'tant More than $ i5 million 5. Year firm Established: GCA - 7 Cpo EXHIBIT1E GRANTCERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses hlow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work -required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, 1 acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date 2 Z V Authorized Signature Address t FA `'�U �y�� 1 Solicitation/Contract GCA-8 cu", American Made. American Trusted. Since 1993. co ier co1.14ty cat4COLLIER AREA TRANSIT Invitation To Bid 20-7731 Collier County Board of County Commissioners CAT Shelters and Amenities Purchase Bid Date; 4/23/2020 @ 3:00 pm Brasco Contact; Sean Loewe, Director of Sales ® 800-893-3665 x202 sloewe@brasco,com www.brasco.com 0 2020 Brasco International, Inc. All Rights Reserved CONTENTS Proposal Documents Introductory Cover Letter 4 Firm Experience and Project Team Staff Workforce Diversity and DBE Utilization Case StudieslSimilar Projects 14 The Process 16 Bayline Shelter Specification 22 Solar Lighting Specification 25 Optional Amenities 26 Required Bid Documents April 23, 2020 Patrick Boyle, Procurement Strategist Collier County Board of County Commissioners 3295 Tamiami Trail Bast, Bldg C-2 Naples, FL 34112 Re; ITB 20-7731; CAT Shelters and Amenities Purchase Dear Mr. Boyle, Brasco International, Inc. is pleased to submit our proposal for CAT Shelters and Amenities per Collier County's bid documents and all addenda. Brasco has been a responsible and responsive bidder since 1993, partnering with hundreds of transit agencies as well as contractors on similar contracts. Brasco is a Michigan -based corporation, established over 26 years ago. Our mission is to act as a trusted designer and manufacturer of a full line of aluminum transit, bike, and custom shelters, solar powered lighting, and streetscape furnishings that deliver value, quality, and originality to transit agencies and other markets. The extra work and quality control procedures we provide up front help to safeguard for smooth production and installation. Our proposal will highlight the Bayline Series shelter design which is the basis of design, background information about Brasco's overall experience and satisfied clientele, our key personnel working on your project, the overall process, the executed bid forms, and pricing as required. We are confident that the quality of our shelters and the value of our customer service team cannot be surpassed. Brasco has decades of transit shelter experience and the financial resources, fabrication expertise, and the technical equipment to perform this contract. Collier County has witnessed our ability firsthand and we hope to continue that partnership in the future. We appreciate the opportunity and we look forward to working with you and your team in the near future. If you have any questions or require additional information please do not hesitate to contact me. Sincerely, 'fa-e_ Sean Loewe Director of Sales (313) 393-0393 ext. 202 sloewe@brasco.com DUNS; 82-561-5305 32400 Industrial Dr. Madison Heights, MI 48071 * P: (313) 393-0393 F: (313) 393-0499 www.BRASCO.com • salespbrasco.com 0 2020 Brasco International, Inc. All Rights Reserved Q FIRM EXPERIENCE Since 1993 Brasco has manufactured thousands of shelters, offering standard "off -the -shelf" options as well as custom designs. Our one -stop approach provides all things bus stop including bus shelters, solar lighting, advertis- ing displays, digital signage, complementary benches, leaning rails, waste receptacles, and station identifica- tion. All products are proudly made in the USA and meet Buy America requirements. Brasco has completed projects across the United States, Canada, and the Caribbean. Brasco approaches each project with the same consideration, whether it is a small town single shelter project or a major metropolitan bus rapid transit project. (G G Brasco's work petformance and responsiveness has always been stellar. CDTA has had contracts with Brasco for bias shelters and other street amenities for nine years and we have been very satisfied with both the service and the product. " - Capital District Transportation Authority, New York GG We are receiving wonderful feedback from our customers as we install new shelters at different locations. Thank you for a great product! " - Pinellas Suncoast Transit Authority (PSTA) Florida LG We've developed a good relationship with Brasco and continue to be satisfied with their approach to accomplishing our objectives and the quality and utility of services, materials and equipment provided. " - Regional Transit Services (RTS) New York GG We have been using Brasco International for several years and their service and material are exceptional. Their ability to work quickly and with reliable materials has consistently proven to be a great value. They have provided us with superior bits shelters that look professional and meet the needs of our customers at a great price. " - Go Metro, Ohio GG More beautiful custom shelters!" - Utah Transit Authority (UTA) Utah GG Brasco has provided us with over 330 pre fabricated bus shelters, and their quality of workmanship and on -time delivery has been exceptional. " - Broward County Transit (BCT) Florida 32400 Industrial Dr. Madison Heights, MI 48071 e P: (313) 393-0393 F: (313) 393-0499 www.BRASCO.com • sales@brasco.com 0 2020 Brasco International, Inc. All Rights Reserved iN TErt N�i{PN/.i THE BRASCO TEAM Our core values are honesty, hard work, and trust. We believe these characteristics should influence everything we do in business and in life. Our highly trained, highly experienced team ensures that Brasco delivers on its reputation for long-lasting quality transit shelters and furnishings. We sincerely enjoy the work we do, and it shows both in the quality of our work and the longevity of our team. Full resumes of key project management team members can be provided upon request. SEAN LOEWE CRISTINA SULLIVAN BRIAN BAUMAN Director of Sales Vice President, Finance Engineering Manager w With more than thirteen years of experience as the lead account manager for Brasco, Sean has been involved in thousands of shelter projects throughout the US, Canada, and the Caribbean. His diverse business background that helps him provide creative solutions for varying budgets and difficult transit design challenges. Sean earned his bachelor's degree in Business Administration from Western Michigan University and is Brasco's veteran account manager for transit shelters, BRT and custom designs. Sean is now Director of Sales and a managing partner of Brasco. With Brascc since 2004 Cristina is i responsible foi the financial aE well as the administrativE and operationa health of the company. All financial arrangements for eact order are managed by Cristina and shE works collectively with Sales anc Project Management to ensure order: are processed correctly and with bott Purchasing & Production to ensurE materials are allocated correctly. Cristina is a managing partner of Bras co. Brian has been with Brasco for ••M rtl over seven years and in the manufacturing industry for more than fifteen. Brian's team of engineers are responsible for each product's design, functionality, and standards. He collaboratively works with the sales team and Brasco's clients to develop exemplary products. Brian has extensive knowledge with various CAD systems and is continually improving our efficiencies. Most recently, Brian transitioned his team to Autodesk Inventor, switching Brasco from 2D to 3D, r VANESSA BAGWELL b.' Project Manager Vanessa plays a vital role on the Brasco team, supporting all 80 departments as well as operational processes. She oversees the production schedule and client communication throughout Number of combined the design and production phase. She manages all installation processes, and facilitates internal and external quality control years of industry solutions. expertise. Vanessa is a licensed attorney. She is diligent and focused by nature and genuinely enjoys the high level of customer interaction necessary of her position. 77 02020 Brasco international, Inc. All Rights Reserved • www,BRASOO.com . sales@brasco.com 5 IH ffn M�SION �� THE BRASCO TEAM TOM RICHMOND Plant Manager Tom is responsible for the operational management of 462 Brasco's manufacturing plant. Tom has a formal background in management and has successfully led the manufacturing operations in machine and printing equipment facilities over Average number of his 20 year career. d shelter projects Tom is an expert in program management and schedule I I completed per year processing, and works closely with Brasco's Quality Control Manager to ensure quality at every stage. PAUL OLINZOCK Purchasing Manager Paul has over- seen material .� purchasing and logistics - for more than fifteen years. He is Brasco's primary intermediary between Engineering, Operations, Purchasing, and Manufacturing. Paul has been instrumental in streamlining Brasco's supply chain processes and inventory efficiencies. He maintains positive relationships between Brasco and its suppliers, ensuring competitive wholesale pricing our customers. electrical installations. IAN RILEY Account Manager Ian is a recent addition to the sales team. His decade in food service lends him a unique and refreshing approach to best in class customer service. Ian's diligent study of the transportation industry and Brasco's methodologies along with his attentiveness to detail has made him a valuable member of our team in a short amount of time. ,TAMES BARRY Lead Electrical Engineer DALE SEBES Quality Control Analyst ■�■ j r Dale has over ME 20 years of ;; �o experience in no quality analysis, ■ product testing, and LEAN manufacturing practices. He leads all quality measures and practices throughout Brasco's organization and with all of our suppliers, trains employees, and guides customers as needed through installation processes. Dale's background spans overseeing processes in the food industry to high volume automotive production. James manages all AC and DC electrical operations for Brasco's Engineering and Manufacturing teams. James evaluates Brasco's electrical systems and components, and conducts R&D testing to confirm each system's optimal performance capabilities are met. He manages and updates the company's solar engineering calculator, which determines the amount of power required for each system based on location, required run-time and performance autonomy. James oversees all wiring schematics and installation instructions for existing and new systems. He also works closely with our strategic partners to further develop joint products, and assists clients with 77 0 2020 Brasco International, Inc. All Rights Reserved 9 www.BRASCO.com • sales@brasco.com 6 WORKFORCE DIVERSITY & DBE UTILIZATION From Brasco's employee handbook: 1.2 EQUAL EMPLOYMENT OPPORTUNITY BRASCO INTERNATIONAL, INC is an equal opportunity employer. Company policy prohibits unlawful discrimination based on race, color, gender, religion, marital status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, sexual orientation, or any other consideration made unlawful by federal, state or locallaws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. Minorities & Women in the workforce Brasco promotes a culture of opportunity regardless of race, age, disability, religion or belief, sexual orientation, gender or gender identity. We regularly communicate our policies to staff at team meetings, via email and public postings, and keep a copy available on our public shared drive. All managers undergo annual diversity and equality training conducted by our HR Manager, Kimberly Guest, and all new employees receive the same training during the Onboarding process. Brasco has an "Open Door Policy" where all employees have access to Human Resources to discuss and seek resolution for any issues. Issue Resolution and Review is a standing item on our monthly manager meetings, Category Male Female White Black Hispanic Asian other Administration 6 2 8 Laborers 50 7 32 19 5 1 Professionals 6 5 1 Sales 2 2 4 Technicians 3 3 Company Total 67 11 52 20 5 1 0 1 32400 Industrial Dr. Madison Heights, Mi 48071 • P: (313) 393-0393 F: (313) 393-0499 www.BRASCO.com s salesAbrasco.com © 2020 Brasco International, Inc. All Rights Reserved WORKFORCE DIVERSITY & DBE UTILIZATION April 23, 2020 Patrick Boyle, Procurement Strategist Collier County Board of County Commissioners 3295 Tamiami Trail East, Bldg C-2 Maples, FL 34112 Re: Letter of Good Faith Regarding DBE Participation Dear Mr. Boyle, As a long established manufacturer of passenger waiting shelters for transit agencies throughout the United States, Brasco International, Inc. maintains an ongoing search for reliable Disadvantaged Business Enterprise (DBE) Veteran Owned manufacturers of various components used in the construction of our shelters and accessories. Our shelters are fabricated from aluminum, glass, recycled plastic, and various fasteners at our manufacturing facility in Madison Heights, MI. There are a very limited number of very large suppliers of these raw materials and we pur- chase directly from them. There are no available DBE or Veteran Owned suppliers for these materials. Brasco fabri- cates all products at its Madison Heights facility and does not subcontract work to outside companies. Brasco International Inc. maintains a diverse workforce and is located in an urban setting in Madison Heights, MI, located outside greater metro Detroit, MI. We have a strict non-discrimination policy and are proud to employ the wide range of diverse employees that make up our 75+ member work force. We appreciate the opportunity to provide this proposal and look forward to working with you and your staff on this project. If you have any questions or require additional information please do not hesitate to give me a call. Sincerely, sW Sean Loewe Director of Sales (313) 393-0393 ext. 202 sloewe@brasco.com 32400 Industrial Dr. Madison Heights, MI 48071 . P; (313) 393-0393 F: (313) 393-0499 www.BRASGO,com • sales2brascomm © 2020 Brasco International, Inc. All Rights Reserved �~TERNfTI[1M �4 Organization: Suburban Mobility Authority for Regional Transportation Project Name and Location: SMART Passenger Waiting Shelters with Solar Lighting — Metro Detroit, MI Start and Completion Date: May 2012 — Present Project Value: $2.85 million Contact Person: Mark Starnes/ (586) 421-6550 / mstarnes@smartbus.org Project Description: Brasco has provided over 100 Eclipse Style passenger waiting shelters with benches, trash receptacles, solar lighting, and solar powered USB ports to SMART. Specifically, SMART was looking for a new shelter style that was attractive and durable enough to last several years. Brasco developed the Eclipse Shelter to fit the needs of passengers. We provide the modern and upscale design in various shelter lengths to accommodate the varying traffic at each individual bus stop. Brasco Rendering @ 2020 Brasco International, Inc. All Rights Reserved • www.BRASCO.com e sales@brasco.com 9 rtirE - I - - - -0 Organization: Arlington County Project Name and Location: Arlington County Bus Stop Improvements —Arlington, VA Start and Completion Date: March 2012 — Present Project Value: $1.34 million Contact Person: Mark Mainardi 1(703) 228-33921 mmainardi@arlingtonva.us Project Description: Brasco has had multiple multi -year contracts to manufacture and deliver various shelter styles to Arlington County. Arlington County was looking for a new modern shelter look without breaking the bank. Brasco modified the Eclipse Shelter to fit within Arlington's changing streetscape environment while staying below budget. The more upscale design comes in various shelter lengths and has saved Arlington County thousands of dollars per shelter when compared to the previous shelter design. ACTUAL. SHEi_ HERS Brasco Rendering 0 2020 Brasco International, Inc. All Rights Reserved + www.8RASC0xom • sales@bmsco.com 10 IN �EAN�TION�� Organization: Capital District Transportation Authority Project Name and Location: Various Bus Shelters and Solar Lighting — Albany, NY Start and Completion Date: June 2007—Present Project Value: $1.22 million Contact Person: David Gehrs 1(518) 437-68531 davidg@cdta,org Project Description: Brasco International, Inc. was contracted to design and build CDTA's standard bus shelter de sign. The design includes five different sizes with integrated advertising displays and freestanding benches with backrests. We have successfully provided100+ shelters over the last eleven years. 02020 Brasco Intemaiional, Inc. All Rights Reserved . www.BRASCO.00rn . sales@brasco.com 11 'Mzeuu. eNet Organization: Rochester- Genesee Regional Transportation Service (RGRTA) Project Name and Location: Mt Hope Transit Center— Rochester, NY Start and Completion Date: May 2014 — Present Project Value: $867K Contact Person: David Belaskas I (585) 654-0658 I dbelaskas@myrts.com Project Description: Brasco was contracted to design, build and install custom shelters with RGRTA's design intent. RGRTA has high profile satellite transit centers with higher volume traffic at a few key locations across their service area, and wanted to a high end look for the new structures. The design was centered around large, rectangular aluminum columns and beams which were engineered by Brasco's team to include 6" x 12" structural aluminum extrusions. The design features a custom gull wing glass roof with a gutter in the center. The water is funneled to one side of the shelter and down a column with a built in scupper. The shelters also have lighting, heating, a real time LED information screen and vertical signage with station identification. © 2020 Brasco International, Inc. All Rights Reserved . www.BRASCO.com • sales@brasco.com 12 IkTE a.AT, ON �' Organization: Broward County Transportation Project Name and Location: FDOT —BCT Bus Shelters — Fort Lauderdale, FL Start and Completion Date: February 2011 — Present Project Value: $3.36 million Contact Person: Ralph Viola I (954) 357-63731 rviola@broward.org Arethia Douglas I (954) 357-8375 I acdouglas@broward.org Project Description: Brasco is contracted to design and build custom shelters with BCT's design intent. The Interlude Shelters have a modern industrial loop that functions perfectly in south Florida. The shelters are also engineered to meet the highest wind load requirements in the nation. BCT has ordered hundreds of these shelters to date which also include custom benches, Architect's Design Brasco Renderings Mdow rw i'l ACTUAL SHELTERS T 02020 Brasco Intemational, Inc. All Rights Reserved 9 www,BRASCO.com • sales@brasco.com 13 THE PROCESS Brasco International, Inc. is a.fuil service manufacturing company that works with our clients from design to manufacturing, to the installation of your passenger waiting shelters and everything in between. Once awarded, each project is assigned to a project manager and a lead engineer. The PM ensures that the project is on time and on budget, and keeps the client informed throughout the process. The LE is responsible for all drawings and required submittal documents, packing lists, detailed instructions, etc. On non-standard shelters, Brasco will produce a prototype during the Pre -Production Phase to ensure that the design is efficient and constructible. This also permits for design changes and fabrication corrections, and ensures the most cost- effective path to client satisfaction. Upon receipt of all approvals, the project moves to operations. Here, materials are ordered and timelines are set. Next, Brasco's skilled fabricators and welders manufacture your project utilizing cutting edge technology. Lastly, we work with the client regarding delivery and installation. Detailed instructions are provided for every product we offer, and in -person installation supervision is available for an additional fee. We provide great service before, during, and after all sales. Our clients can always reach their account manager any day, anytime. Our current estimated lead time for is ±120 days after all approvals. I E— Lu U Finance Review for Credit, Terms Prelim Initial Contact Sketch Request Verify Lead Times, Inventory Needs Place Order Assessment t Drawing Submittals Release to PM Design Specs Finalized Timeline Project Details Determined Verified ,i Production Docs ' Structural Prepared Engineering Project ' Scheduled Needs Assessment ' Receive ETA Feedback Submit Order Verify Material Choices ' & Colors Approve submittal Initial Contact Submit Signed Order Acknowledgement Receive/Review Drawing Submittals 32400 Industrial Dr. Madison Heights, MI 48071 • P: (313) 393-0393 F: (313) 393-0499 www.BRASCO.com o salesaPbrasco.com drawings 0 2020 Brasco International, Inc. All Rights Reserved 14 THE PROCESS MILESTONES INVOLVEMENT IMPORTANCE Less Average Greater Milestone Occurrence More PHASE Pre -Prod Post -Prod Initial`. /' Pre -Bid X-lic ofr Design Production Design Review. Contact raelt�r} Review Status Update to Customer PM Queues Files to Shop I Final Quality PM Schedules i Production Review Production Docs Materials Ordered Purchasing Transfers Client Follow Up Shop Organizes shipment(s) Inventory, Creates Job Schedule Arranged Packing list Job Closed ` Job Cost Report Delivery Verified Protocols, Details Installation (by Receives ETA others) 32400 Industrial Dr. Madison Heights, Mi 48071 r P: (313) 393-0393 F: (313) 393-0499 www.BRASCO.com • sales brasco.com © 2020 Brasco International, Inc. All Rights Reserved 15 BAYLINE SHELTER SPECIFICATION Bayline Series AluminL Structure with 3" x 3" Aluminum Columns Three Sides Open Front Moss Green (RAL 6005) Stand- ing Seam Aluminum Gable Roof Signal White Powder Coat Painted Finish (RAL 9003) Solar Lighting with Integrated LED Lighting 24" x 36" Map Case Victorian Wall Panels with ,090' Perforated Aluminum and 114" Holes x 318" Stagger Shelters are it Hurrinnne Wind Speeds as Required 32400 Industrial Dr. Madison Heights, MI 48071 ® P: (313) 393-0393 F. (313) 393-0499 www.BRASCQ.com o salesaabrasco.com © 2020 Brasco International, Inc. All Rights Reserved 16 Y N �p �W J W Q U O O U o a= c4i o iri d� r M N y w h � V7 C7 D 0 OOOOOOOOODO00 0�0000000000 Q IL 4000 P 00 � y o 00000a (1' w O oopoO000006006 w Z r oca0006PP000 ,p ° 0000000000 i O p D ON OOOPOOOtr00 POP J 00 00 OUP000, V m O O Vp0000 UU OOOOOOOOROO 6 00 000 POOOPOP 0 o OOOOVVODOO t000 Dooa000 °O O°0000000 66000000oa00000ao0000000 000o O U P�6 000000O0000 P0000OOQ0 Do0a000 0000000000000000000006 000000 K LL- 04000o0000000 0000000000064 ao 3 $oz q 000aotroROOP Oao ORPogq°OOPPnpoopo POPa0P6PPRp00 600000000000000P0000000000000000000P0 00000000000000R00000000"Do Pn0 °00POOPP00000000000 00PP6.R0o0o0o000..DDoo01) F 0000000000000qo0O0 0000000000PPO0P00000* 000000 00 POOPO0q o0o VV00000000000p.—o N m� in 000°OD0000000°000000000000P00° 00000000000000 00°00000o°o0odo LL, gga a P°°00°Po°°a°o 00000000D 00000 O PO P66000000000000000Pa0000 � n M �Y�> O ZrvZN ana W z� Pe P6e00d Po oogoa0000000p O OOOOOOPPOP R 0000 00 p POOOP0 00000000 W d 00PO 0 00 0000a0 04q 009 M p 000000V0000. 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O Od000000p0 0.S Op OP P 6000000oo4000 0 p PPOePO p PO OOOp000000 (, O OOOOOOOOOa IpOC 00 ODD0000000 O OO OpPOD0000aD00000P0000000 O O ci �o tOQat oob00000a0op0000ooe00o0 0o0Qoaoa00000D00000000pooa000000ooPo0oo0Oo00oo0000000 aoaa0000000000PoOO 0000000000P000000 OOODO 0o0o0ooDO00a00000000 cxODopoaP000000a00000aoo 8� 2 r•_ O uc�vt o OoPoOOcoo opOODpP000000000aooa0000a000000 a$ DOp00000000POPPoo0oD0oopop �am CO 0.00 OOOOOOPpOOp OtlOOddODO VPPaP� a 000p000ppO0o o0Poo0000oe00P80 y�LL 000 OOOOP0600000000OOOOP OD p0000 OOOOOOOaPOOOP OOOOOOADOOOOPOO pp 0 P40PPOptlP 000000000aPV00 OPOOP Z00 o poOPoao- oa o-00000aooPQoa000 w 0 ur 000000o00 04 000000 0000p S m � 0P0000ppoo aop p. 000 o oo, oo000o-000 F- aPp p 0000P008000 F 0 Oo00000a00000 O M. 6 DQOD00000000 � � � 66 >000000000000 O OOOo0008040 LL O 1000Oa0000 000 O OOOOOOOP0000 m 0 090 0000000p 000601 Q. O DOOAOOOOPOPP a 00000000600000a00060000 O O Ll1 m M 3 w cl N O � � UJ�F � _ aw� 4 xt�-z =0 N r1 0 o0 oo-6o000oo eo6o0p0 ao0o0O0 o00oP0 oo0o000 oa0o0Q0 oo0 p0Pa00^^M0 � 0oa0p00 o0P0oOoPPaPPo-0a0000o00oov00a6opo0o0eooPo0P0000000000000000PO000 OPQ4Do0Ooaooa0O06p0a0O00o0P0O0O00O8O00o0P0D00o0o0O00o0v00Oo0o0Q00Ooo0o0o00Ooo000o00O0o00000O000o0Oa004 oPoP00 BAYLINE SHELTER SPECIFICATION 0 2020 Brasco International, Inc. All Rights Reserved 20 BAYLINE SHELTER SPECIFICATION © 2020 Brasco International, Inc. All Rights Reserved 21 SOLAR LIGHTING SPECIFICATION Optional Solar Lighting System Is Sized for Specific Light Levels, Run Time, and Battery Backup for Collier County's Geographical Location. 100 Watt Roof Mount Flexible Solar Panels Shown. Led Lighting To Meet Light Output Requirements ©2020 Brasco Intemational, Inc. All Rights Reserved 22 SOLAR LIGHTING SPECIFICATION 32400 Industrial Dr, Madison Heights, MI 48071 + P; (313) 393-0393 F, (313) 393-0499 www.BRASCO.com • sales brasco,com 0 2020 Brasco International, Inc. All Rights Reserved 23 SOLAR LIGHTING SPECIFICATION 1' LG. 6W LED LIGHT FIXTURE WITH A 30' EMITTING ANGLE - GROUNDLEVEL CIRCLE OF LIGHT PLOT MOUNTING HEIGHT (FEET) FOOT CANDLES AT NADIR FOOT CANDLES AT DIANIETER DIANIETER (FEET') GROUND LEVEL 10 1.6 10.0 2 5.8 2.5 8.0 4 16.0 4.7 6.0 6 132.5 6.8 4.0 0 2020 Brasco International, Inc. All Rights Reserved 24 OPTIONAL AMENITIES Single Hoop Bike Rack 32 Gallon Trash Receptacle with Dome Lid 6' Victorian Bench with HDPE Bench Slats 32400 Industrial Dr. Madison Heights, MI 48071 s P: (313) 393-0393 F: (313) 393-0499 La. www.8RASC0.com s sales()brasco.com © 2020 Brasco International, Inc. All Rights Reserved 25 Co le-r county Administrative SenAces Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. Vendor should checkoff each of the following item General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. orm I : Vendor Declaration Statement Form 1 Conflict of Interest Certification ❑ Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. [� Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. [� Form 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON -RESPONSIVE. Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. Vendor W-9 Form. 19 Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award, 19 The Bid Schedule has been completed and attached with your submittal, applicable to bids. ❑ Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. I3 County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. dAny and all supplemental requirements and terms has been acknowledged and accepted, if applicable. CoLLier County Administrative Services Department Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract, IN WITNESS WHEREOF, WE have hereunto subscribed our names on this R44 day of 20 2vin the County of OAV4..4 in the State of MIe fit ymn Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: 3raes A r o tic. Z yod 144r IT ] rr a / IQrr Et 3 rs6 8"00 - IF9 3 • 347(5". Sl0tW,C C Prarcv • Con, '1eoi Loeue p1 rt do, air &a /el Additional Contact Information Send payments to: K QSC d IalvrA4 .4 14c . (required if different from Company name used as payee above) Contact name: �ea� O'P-a Title: D l r C c or W'� kf Address: I 2ja Q City, State, ZIP k14dl.-an ke;gh Mx 2071 Telephone: �r93' kcr Email: S �oCatie 9 rC%SC o , C a"% Office servicing Collier lU 4 County to place orders (required if different from above) Contact name: Seq Title: D rlr *- f v r kjr Address: 37,Y60 Ind vs-Arj`,1 Ar!-Q City, State, ZIP yp]/ Telephone: �OO ' �y 3 ' 36� r Email: VjaeQA (P br4SCo . CON1 coi[ier county AdministraWe Services Department Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules - The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity -The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information - The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 4. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced preject(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. ru.0 0 1AC Company Name Se-e-ie, Signature Se CIA La[2� D;recl r o sh Print Name and Title State of / + 1 CLt Q_ n_ County of � � � �Y1 �j t The foregairtg instrument was acknowledged before me by means of physical presence or ❑ online notarization, this -2- day of (month), -POaa(year), by St -°a It W (name of person acknowledging). S (Signature of Notary Public - State off) M�Ch6Q rL Personally Known OR Produced Identification Type of Identification Produced (Print, Type, or Stamp Commissioned Name of Notary Public) CRISTINA SULLIVAN Notary Public - State of Michigan County of Macomb [Acting y Commission Expires Aug 2, 2025 In ttie County of coffler county Administrative Services Department Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program O!Ws://www.e-verify..gova, at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. praSta �� R77oR4 r [K t . Company Name Signature S*. n Lx�P b ree j r or j; k r Print Name and Title State of In icAiIli R42 County of MaocoM6 The forego' g instrument was acknowledged before me by means of M i physical presence or l online notarization, this -2 2d ay of � (month), a0-243 (year), by seq A Loewe (name of erson acknowledging). (Signature of Notary Public - State of �) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced CRiSTiNA SULLIVAN Notary Public - State of Michigan county of MUOMIi 2025 My Commission Expires Aug 2, Acting in the County of _ �� Cofer county Administrative Services Department Procurement Services Division Form 4: Vendor Submittal —Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sian and Date Certification: Under penalties o er'ar I certi that the in ormation shown on this arm is correct to m knowledge. Company Name: Address in Collier or Lee County: Signature: Date: Title: We are r"0 - A iocrj JvSrn.CS,J S p Company ID Number: 508615 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Brasco International Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 1! FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E-Verify MOU far Employer I Revision Date 09/01I09 www.dhs.gov/E-Verify fy/jf} Company ID Number: 508615 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry, 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S, citizens' employment eligibility and accuracy of SSA records for both citizens and non -citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees, 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law, Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify Afy Company ID Number: 508615 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements, 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that ail Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218, • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 508615 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article ILD, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer Page 4 of 13 1 E-Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify E 1. IN11. Company ID Number: 508615 uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article 111. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued, if the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 2748(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 2748 of the INA or Title VII may also lead to the termination of its participation in E- Page 5 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify ,J�llillll Company ID Number: 508615 Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.govJE-Verify F,-Verify.,, F Illllll Company ID Number: 508615 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as ;� Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract, Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties, f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Page 7 of 13 1 E-Verify MOU for Fmplayer I Revision date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 508615 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S, citizen). If the Employer is unable to determine that the Form 1-9 complies with Article Il.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E-Verify clause, 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private, 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Page 8 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify _ `w✓:t' quill Company ID Number: 508615 determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4, The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match, The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify [,_.,-VeriFv � }yt <r�lllllll\ Company ID Number: 508615 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access, ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves -the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities, C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 1 E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify �oEi < IfillU E-Vef Company ID Number: 508615 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IiRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E-Verify MOU for Employer I Revision Dale 09/01/09 www.dhs.gov/E-Verify IV er',, 3 Company ID Number: 508615 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Srasco International, Inc. Sean Loewe Name (Please Type or Print) itle 2/22/2012 )epartment of Homeland Security —Verification Division JSCIS Verification Division lame (Please Type OF Print) Title electronically Signed 02/2212012_ signature Date Information Required for the E-Verify Program nformation relating to your Company: Name:iBrasco International, Inc. Company Facility Address:32400 Industrial Drive — Madison Heights, MI 48071 Company Alternate Address: County or Parisli: ;OAKLAND Employer Identificatioo I Number: 383156752 -- _-- Page 12 of 13 1 E-Verify MOIL for Employer i Revision Date 09/01/09 www.dhs.gov/E-Verify 5 Company ID Number: 508615 North American Industry Classification Systems Code: Administrator: Number of Employees: 20 to 99 Number of Sites Verified for: -e you verifying for more than 1 site? If yes, please provide the number of sites verified for each State: MICHIGAN 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: None: Sean Loewe Telephone Number: (800) 893 - 3665 ext. 202 Fax Number: (313) 393 - 0499 E-mail Address: slocwc,iilbrasco.eorn Page 13 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify C;Ofler county Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 2,0 •— 7 731 Reference Questionnaire for. asco 1AL400k (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) r Name: Mirk S-gr'nes Company: SVL.e" hLo-py rn�T'�'r•1� {vr eyi l '4 (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) QIM R 12 T) Email: ASfarnt S Q SrriA6v S . drY FAX: . Telephone: SSG • y7, r • 6r,V Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Rvt 1�61rrf W;A So14rLi-4,4-f Project Budget: A* Completion Date: on golnb Project Number of Days: Item Criteria Score must be complete I Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Collier County Administrative Services Department Procurement SeMoes Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: Zp - 7 % 3 / Questionnaire for: R s c. int«nafi o n4 of Company Requesting 7%N (Name of Individuals Requesting Reference Information) Name: Xtrk Avn+ird! (Evaluator completing reference questionnaire) Email: 10 41 wd l of FAX: Company: 14r f r , I inr Co✓terence) (Evaluator's Comp completing 741 • ZZf- .339L Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. PIease rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the fnzu/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: FaS T)ati6.f aJ 4i-leyher Project Budget: 4 31/ {e daft Completion Date: 6t1401'q Lke 2-612- Project Number of Days: item Criteria Score roust be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. b Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS coffler county Administrative Seances Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Z,p - 7731 Referee Questionnaire for: roiv hL . (Name of Company Requesting lUerence Information) Skin L;t kle d/i' c r S (Name of Individuals Requesting Reference Information) Name: Dade &/,Rs4S (Evaluator completing reference questionnaire) Email: d beAskAs e M rfs. Oln FAX: Company: FOA-9J4er (7110t of ReJiWl T'%`5f'$ h;M (Evaluator's Company completing reference) sy'r. 6Sy • 04SI Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover, invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primag Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Jean (oewe Name Di rQ,Cj r 0� If e1 Title 3raJCd In �tr nA�pna I, �1t(• Firm T TQ W 14e t�rl q&j )jMe41Y,r P.,n-,44X) Project Name z% Zo -- l 3 I Project Number 3r , 31 S6 Tax ID Number gZ • S`6 / • S3oS DUNS Number 31Zy04 /4dj,sT'rt�� b.j Ton �lct4��s ZL Street Address, City, State, Zip Ife .. _ Signature GCA-2 EXHIBIT I GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Federal Transit Administration (FTA) Buy America Certification Steel, Iron or Manufactured Products A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. (SELECT ONE ONLY) Certificate of Coniplirrnce with Buy America Requirements The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661. Date: V / 2 Z/ z0-z a Signature: Company: r-asC 6 Al �4rK4 la %t,C Name: Title: blrv--C r lej ❑ Certificate of Non -Compliance with Buy America Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 53230)(2), as amended, and the applicable regulations in 49 C.F.R. 661.7. Date: Signature: Company: Name: Title: GCA - 3 EXHIBIT I B GRANT CERTIFICATIONS AND ASSURANCES 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 fiends 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, 3 rwn# 104erAA Il r! �lMl, 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. I❑ 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 Segn tvWe NV4,- W GkrName of Authorized Official and Title Y/ Z/Zo zo Date GCA - 4 EXHIBIT IB GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification Zo- 773 ] Collier County Solicitation No. I, S0/1 t , 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. NJ Name Signa � re C j�rr' W 14 les zz 2G 2 0 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 CPR 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. GCA - 5 EXHIBIT I GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Unverflabte statuses will require the PRIME to either proWde a remised statement ar provide source documentation that validates a A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUNIBER CONTRACT DOLLAR AMOUNT xasco 1114r"4II'0943P • 3/,(6 7S y IS THE PRIMEAFLORFDA-CERTIFIEDDI=VANTAGED, VETERAN v e 15THE ACTIVITY OFTHIS CONTRACY r�l MIFICRITYORWOrhENBUSftiESSENTERPRFSE? DBE? Y CONSTRUCTION? Y It gDBE/MMfWBE] OR HAVE A SMALL DISADVANTAGED BUSI 14 E55 SA CERTIF ICATION FROM THE SMALL BUSINESS MBEa Y ODFi5ULTATION? 6 N ADMIMSTFIATION? A5ERVICEDISABLED 'VETERAW WBE? Y P OTHER? tJ SUB SO Y 15 TH 15 SUBMISSION A REVISION? Yr I9F YES, REVISION NUMBER- B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DEE MJWBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORX OR I ETHNICrY CODE I SUBJSUPPLIER I PERCEldT OF CONTRACT VIETERA I NAME SPECIALTY {see Below] DOLLAR AMOUNT DOLLARS TOT C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITrER r, Z 7 DATE 371� TITLE O�F/SUBMFFTTER Sean Caw 7/Z 17 N''t +11r Or JQkf EMAIL ADDRESS OF PRIMEJSUBMFFTER] TELEPHONE NUMBER FAKNUMBER sl o+we e 6rasco. cor, pool rf 3. A41- 313. 393. 0M NOTE: This information is used to track and report anticipated DBE cc MBE participation in federalPpfunded contracts. The antidpated OBE or MBE amount is voluntary and will not become part of the contractual terms_ This form must be subm&ed at time of response to a solicitation d and when invarded a County contract, the prime will be asked to update the information for the grant compliance files. ETifFtitAEif CODE BlackAmeritan BA Hispanic American HA Fir3tNt.4rcerican NA subs nt. AS0111 American 5AA Asian -Pacific American APA Non-minacity women NF. W [ether: not of any other group lktedi O D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENTUAME I COLtIERCO?iTRACTIrilFBIPfPorPO/R€Oj I GRANT PROGRAM�CCONTRAGT I[ACCEPTED BY: I DATE GCA - 6 EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES LOLLIR COUNTY GRA?a COMPLIMPJCE FORM PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES ;t is the poky of Cof&r County that as defensd in the Crade of Federal Regulations (CFA) or Ffarkf a Statutes L-S , must hmoe the oppavrunity to ortk ppate an contractsrjwvth ederoff ar.dlare statrant osfisronce. Prime Contracttar/PrimeCansuftant: DC'GSCo tn' rttgA'.,4I, /4,' Address and Phone Number: 3 2-06 I q r�, A/ Orl', Al ltSIN 14i spa Mr 7S'071 /P �` P I Procurement NumberdAdoertisement Number: ZO — 7 7 3 The list below is intended to be a listing of firms that are, or attempting to, participate on the fwaject numbered above. The list must include the firm bidruing or quating as prime as i,%Tll as subs and suppliers quoting for pa rtkipation. Prime towrattcrs and ransuftants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Afumbers 5, 6, 7, and a. Thi form must be submitted with the bud package i- Federal Tax lDPlumber: 36 • 31Sf M—Z DEE a_ Ann. ai GrossRec-opts 2., Firm Name: arkico !A yrQ4 YAc Ncn-DBE jj- Less than $1 million 3_ Phone Plumber: 0- • 8W 3Cd,r Between $ 1-5 million 4_ Address 32 yQ0 Vr,I)WA,r/ Drl-r Between$ 5-1Umillian N�r son KAjl ifi. A!t l 7.[] 5ubContracor Between $10-15 million lubconsultant More than $15 million 5. rear Firm Established 199J i. Federal Tax PD Rumber: 6.1--1 DBE & Annual Gross Rer eupts 2_ Firm Name: Nan -DBE Less than $ i rail lion 3_ Phone Number: Betymen$ 1-5 million 4.. Address Between ; 5-14 mdllian 7_ Betvreen $10-15 million aSubcontractor 5uboansuttant More than $15million 5_ Year Firm Established: 1. Federal Tax Ili Number: I� S.I I DBE S. Annaral Grass Retdpts 2_ firm Name: 111----III Nan -DBE Less than $ i million 3_ Phone Plumber Betvreen $ i-5 million 4. Address Between $ 5-iri million 7-[]1ubeont..tar eewmen $10-15 million 5ubocnsuitant More than $15 miflion 5- Year Firm Established: i. Federal TaxlDNumbet: 6_e DBE It. AnnualGross Receipts 2. Firm Name: Nan -DBE Lem than S a mfflion 3_ Phone Plumber: Between $ 1-5 miltion 4_ Address Between $ 5-10 million 7_[]SukDrttractor Betvreen$it-l5Million 5ubcansultant More than $15 miflion 5. Year Firm Established: DO J—C �^ f`-R f / GCA-7' EXHIBIT I GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288,703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Rr,� Sc ��1 rnA oa4 jr lnc Authorized Signature ��- Address 3240C1 141,,4r$V Orl,e N►4drr.n ke, Solicitation/Contract# 2-o ~ 7 72 Date O-Z Z to ML VP GCA-8 colter cam."ty Administrafive Services Division Procurement Services Date: March 26", 2020 at 3:OOPM Email; Patrick.Bo l tr,colliercountyfl.gov Telephone: (239) 252 - 8941 Addendum 1 From: Patrick Boyle, Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum I The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Extended bid to April 23rd, 2020 due to scheduling conflict. If you require additional information, please post a question on our Bid Sync (www.bidsvnc.com) bidding platform under the solicitation for this project. CC: Yousi Cardeso, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation, (Signature) �rgTCC, (Name of Firm) y 2- Z 7.a Lp Date Co ter County Adminisbnfive Services Division Procurement Services Date: April 2", 2020 at 3:OOPM Email: Patrick.Boyle cr,colliercountyfl.vov Telephone: (239) 252 - 8941 Addendum 2 From: Patrick Boyle, Procurement Strategist - Acquisitions To: interested Bidders Subject: Addendum 2 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Pre -Proposal Meeting will be teleconference ONLY. Conference Bridge Number: 239-252-5551 1 ATTENDEE Code: 489812# If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform tinder the solicitation for this project. CC: Yousi Cardeso, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 'C4 (Signature) �f A fCd 62 t Brh fryG (Name of Firm) V ZZ 7-a10 Date Coder County Administrative Services Division Procurement 5ervic Date: April 16"', 2020 at 3:OOPM Email: Patrick. Boyle @C01liercount fl. ov Telephone: (239) 252 - 8941 Addendum 3 From: Patrick Boyle, Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum 3 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Added Grants Package to the solicitation. The vendor shall submit grant package with proposal. Change 2. Bid Opening will be Teleconference: Thursday April 231 at 3:OOPM Procurement Conference Bridge: This Meeting can also be accessed remotely through the voice Conference Bridge by calling 239-252- 7205 and entering access code 212121 If you require additional information, please post a question on our Bid Sync (www.bids, n�) bidding platform under the solicitation for this project. CC: YOLISi Cardeso, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) q f C0 /01Aer') q/71 ffna 4C . (Name of Firm) V 2 L�Z0 Date Form (Rev. October 2018) Department of the Treasury Internal Revenue Service 1 Name (as shoe Request for Taxpayer Identification Number and Certification 1► Go to www.irs.gov/FormW9 for Instructions and the latest information. on your income tax return). Name is required on this line; do not leave this line blank. Brasco International, Inc. T Business name/disregarded oni name, if different from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not Individuals; see instructions on page 3): ❑ Individual/sole proprietor or ❑ C Corporation ❑r S Corporation ❑ Partnership ❑ Trust/estate single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P-Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should chock the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► 5 Address (number, street, and apt. or suite no.) See instructions, 32400 Industrial Drive 8 City, state, and ZIP code Madison Heights, MI 48071 7 List account number(s) here (optional) Identification Number Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. OPPEas to accounts maintained outside the U.S.) name and address {optional) Social security number -m -L or Emolaver identification number ©OMMMi©MMMI© FOM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S, citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person ► General Instructions Section references are to the Internal Revenue Codo unless otherwise noted. Future developments. For the latest information nbout developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormlA19- Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (AT1N), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Exrir!iples of information returns include, but are not limited to, the follow,,,q. • Form 1099-INT (interest earned or paid) Date► Y/yyZZd 20 • Form 1099-DIV (dividends, including tHose from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. It you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No, 10231X Form W-9 (Rev. 10-2018) INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits L ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ VaIuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "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 Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 2/13120 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name 1,1-4rm > ,OPQ 1. I'u - Date Z Z ZO L o Sean" C.. f w� Insurance Agency yR f r EWe C�rvJ0 Agent Name _ A(�C 6 le 4!`'t e rs� Telephone Number Z Vp ' ._111 ' 3270 PM: Yousi Cardeso PS: Brenda Brilhart ITS 15-6480 CAT Bus Shelters Related Items Bid Item No. Shelter type Item Description Unit Total Order Quantity Unit Price (Per Unit) Total Order Quantity Cost (Delivered **) CATEGORY I - SHELTERS WITH SOLAR LIGHTING PACKAGE 1 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $8,875 $ 8,875.00 2 B STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $9,250 $ 9,250.00 3 A STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $9,425 $ 9,425.00 4 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 5 $8,700 $ 43,500.00 5 B STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 5 $9,075 $ 45,375.00 6 A STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 5 $9,275 $ 46,375.00 7 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 10 $8,325 $ 83,250.00 8 B STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 10 $8,700 $ 87,000.00 9 A STANDARD BUS SHELTER W/EXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 10 $8,875 $ 88,750.00 SUBTOTAL CATEGORY 1 $ 421,800.00 CATEGORY II - WASTE RECEPTACLES 19 WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT EA 1 $1 ,085 $ 1,085.00 20 WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT EA 5 $990 $ 4,950.00 21 WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT EA 10 $935 $ 9,350.00 SUBTOTAL CATEGORY II $ 15,385.00 CATEGORY III - BIKE RACKS 22 BIKE RACK - "U" RACK, SURFACE MOUNT LT GRAY EA 1 $375 $ 375.00 23 BIKE RACK - "U" RACK, SURFACE MOUNT LT GRAY EA 5 $325 $ 1,625.00 24 BIKE RACK- "U" RACK, SURFACE MOUNT LT GRAY EA 10 $275 $ 2,750.00 SUBTOTAL CATEGORY III $ 4,750.00 CATEGORYIV-BENCHES 25 BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE SEATING SPACE. EA 1 $1,725 $ 1,725.00 26 BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE SEATING SPACE. EA 5 $1,475 $ 7,375.00 27 BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE SEATING SPACE. EA 10 $1,125 $ 11,250.00 SUBTOTAL CATEGORY IV $ 20,350.00 CATEGORY V - SOLAR PACKAGE FOR COURTHOUSE STYLE SHELTER 28 SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING COURTHOUSE STYLE SHELTER. EA 1 $1,550 $ 1,550.00 29 SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING COURTHOUSE STYLE SHELTER. EA 5 $1,475 $ 7,375.00 30 ISOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING COURTHOUSE STYLE SHELTER. EA 10 $1,375 $ 13,750.00 SUBTOTAL CATEGORY V $ 22,675.00 * NOTE: Collier County is requesting various (1, 5, 10 Units) Total Order Quantity Cost "Delivered" prices to allow flexibility in ordering in bulk. **Product shall be delivered to Collier County at a single site (per delivery) as requested. Pricing shall include delivery and be all inclusive. 1 of 001-r County Admin€sirative Services Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Sid. Vendor should checkoff each of the following items: ❑ General Bid Instructions has been acknowledged and accepted. [] Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ❑ Form 1: Vendor Declaration Statement ❑ Form 2: Conflict of Interest Certification ❑ Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with ,your submittal. ❑ Vendor MUST be enrolled in the E-Verify - https://www.c-verify.gov/ at the time of submission of the proposal/bid. ❑ Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE ❑ E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. ❑ Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. ❑ Form 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON -RESPONSIVE. ❑ Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. ❑ Vendor W-9 Form. ❑ Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ❑ The Bid Schedule has been completed and attached with your submittal, applicable to bids. ❑ Copies of all requested licenses and/or certifications to complete the requirements of the project. ❑ All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ❑ County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ❑ Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. coiLier county AdministraWe Sendces Department Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names�J on this t day of ►1 , 20to in the County of L P . in the State of (I Firm's Legal Name: L )v � CV h%rn Mtn Wjk \ (�,A , Tv\G . Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email Signature by: (Typed and written) Title: &,(&Cr,& _ C '15"4 s316�S-ci C �+1 Yl k i C1 n5 . e-,C Z Additional Contact information Send payments to: L t o I f u 7�um t (required if different froth Company name used as payee above) Contact name: (A Title: �C (J�� Q S 1' l 11JYtC� Address: ! sJr Z <l <"-)G . City, State, ZIP I Telephone: I Z-0(} C Email: 6A VLF (An - L L'A Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP F Telephone: Email: c01PIer caHnty Administrative Services Department Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity -- The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals 1 past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as pant of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not Ase an organizational conflict. State of C N County of L The reming instrumentwags acknowledged before me b leans of of i (month), LOU (year), by Personally Known OR Produced Identification Type of Identification Produced Name v 7rgnature Print Name and Tie ice or ❑ onl' e notarization, this L � day WICAne of erson acknowledging). i n ure f tary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) coer county Administrative Services Department Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (h!Ws://www.e-verify.govl), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALIBID MAY DEEM THE VENDOR'S AS NONRESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), oper d by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the ndo's proposal/bid. L � Comvan Name gnature Bbw Pri Name and Title State of C/ County of C The f e�gQi g instrument was ac,,k9wledged before n y means h al resence or ❑ online notarization, this ` day of _ (month),y`D +�/ (year), by (Ane of person acknowledging). (Signature o Notar Public - State of Florida) n 1V (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced Collier County Administrative Services Department Procurement Services Division Form 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of tl��llier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier C>tfn rocurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued b tife Col '6r County Tax Collector prior to bid or proposal submission to do business within Collier County, and th�a�t�'d ntifies t e business with a permanent physical business address located within the limits of Collier County from wh'etf the vendo s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Bo r a facility th receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non-p�e anent structure all not be used for the purpose of establishing said physical address. In addition to the foregoing, a er oer shall not be co sidered a "local business" unless it contributes to the economic development and well-being of CoU County in a verifiabl, nd measurable way. This may include, but not be limited to, the retention and expansion oloyment appartunitiesupport and increase to the County's tax base, and residency of employees and principa�ls- the business within Collier ounty. Vendors shall affirm in writing their compliance with the foregoing at the time � o�ff A itting their bid or proposal t be eligible for consideration as a "local business" under this section. A vendor who misf-epresents the Local Preference �tatus of its firm in a proposal or bid submitted to the County will lose the privilege to claii ocal Preference status for a p tiod of up to one year under thi section. Vendor must complete the following infot ation: Year Business Established in ❑Collier County o Lee/County: Number of Employees (Including Owner(s) or Corpo%r, Officers): Number of Employees Living in ❑ Collier County or ❑ L (Including Owner(s) or Corporate Officers): ' If requested by the County, Vendor will be 'required to pro ' e documentation substantiating the information given in this certification. Failure to do so will result in yendor's submission ing deemed not applicable. Sian and Date Certification: / i i Under penalties o perjury,I eerti & th t the information shown on this a•l1a is cr Iect to m , knowled e. Company Name: Date: Address in Collier or Lee Count/ Signature: Title: CoMer County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire USE ONE FORM FOR EA CHREQ UIRED REFERENCE Solicitation: O 1+_+3 i Reference Questionnaire or: �a f N 1 Vh�1M M"W (Name of Company Requesting Reference Information) Ck a1A <4MVeA1A (Name of Individuals }Reeq sting Reference I rmation) Name: M&Mo � J tsrb-),-i Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: TATA t %iSt*vLA..'L4L FAX: '__ Telephone: l W0s �_13 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." e `' 1 f Project Description: 4,01 ly1*11 �jk1,t S # ArirtnU+�keS Completion Date: I Project Budget: �� `� Project Number of Days: 5 Item Criteria Score must be completed) I Ability to manage the project costs (minimize change orders to scope). (p 2 Ability to maintain project schedule (complete on -time or early). ID 3 Quality of work. /D 4 Quality of consultative advice provided on the project. /O 5 Professionalism and ability to manage personnel. /o 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) �0 7 Ability to verbally communicate and document information clearly and succinctly. lb 8 Abiltity to manage risks and unexpected project circumstances. I U 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. �U 10 Overall comfort level with hiring the company in the future (customer satisfaction). / O TOTAL SCORE OF ALL ITEMS cql RESPONSIVE. CONFIRM ALL REQUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BIDIPROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. C;0#7 r CAMftty Email: Patrick.Boyle a,colliercountyfl.gov_ Administrative Services DNAsion Telephone: (239) 252 - 8941 Procurement Services Addendum 1 Date: March 26"', 2020 at 3:OOPM From: Patrick Boyle, Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum 1 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Extended bid to April 23", 2020 due to scheduling conflict. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. CC: Yousi Cardeso, Project Manager d return a copy of this Addendum with your submittal for the above (Signature) Lyu CusVorn ni&Y u,o ��;c' A , - -\i\ . (Name of Firm) ^ 22 ZD Date co rer cou"ty Administrative Services Division Procurement Services Date: April 2" d, 2020 at 3:OOPM Email: Patrick.Bo-tea colliercount}_fl.gov Telephone: (239) 252 - 8941 Addendum 2 From: Patrick Boyle, Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum 2 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Pre -Proposal Meeting will be teleconference ONLY. Conference Bridge Number: 239-252-5551 1 ATTENDEE Code: 489812# If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. CC: Yousi Cardoso, Project Manager nd return a copy of this Addendum with your submittal for the above (Signature) _Y\c . (Name of Firm) 22 Zo Date Col Lien County Adr inisErative Services Division Procurement Services Date: April 16"', 2020 at 3:OOPM Email: Patrick. Bo le colliercount fl. gov Telephone: (239) 252 - 8941 Addendum 3 From: Patrick Boyle, Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum 3 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change I. Added Grants Package to the solicitation. The vendor shall submit grant package with proposal. Change 2. Bid Opening will be Teleconference: Thursday April 23ra at 3:OOPM Procurement Conference Bridge: This Meeting can also be accessed remotely through the voice Conference Bridge by calling 239-252- 7205 and entering access code 212121 If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. CC: Yousi Cardoso, Project Manager sig �'�elo v and return a copy of this Addendum with your submittal for the above ►cea sol' •itation. (Signature) LKI (Name of Firm) 1 1 o U C6 11 T-'�V 4 1 Z -zo Date EXHIBIT 1A 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.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. Smrrces rrf.; Vbl FYI8 Comp - Rer}cw Grrhkjrr Procuremerrl; DOT7,7APrnrishms; 1,7i1 Nest 1'rttcricer 1'rcrcnrr'»rrm Oct 2016 Revised 119 FCP-1 EXHIBIT 1A APPLICABLE CONTRACT CLAUSE FEDERAL CONTRACT PROVISIONS (FTA) APPLICABLE FTA PROVISIONS 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 y Certifications>$150KISmall 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 ® 16. Disadvantaged Business Enterprises (DBEs) rms (Anticipated nsE F�ofm,, a da s 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 ® 36. Special Notification Requirements for States (State Grants) ® 36. Termination Provisions >$10,000 ® 37. Privacy Act Sources r?f: f•7A 1"YI8 comp. Rerieir G+dde for Pracumn-vt; DOTFIX IX FY18A4as1cr,49,eeuien1 Genemilp Appflcahfe f§nrisious; M Bert Pracrices Prucum new Oct. 2016 Revised 3.19 i"CP-2 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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 Smarr.,ref:F1A FYIN Comp.Rerl®rQaldefin. Prannnenl; DOTl�IA FY18 Maser Agevem ,Gene-Ify dppheable Pn,i,ishms; PIA Hest hwu..s 1h�uumnew Oci, 2016 Revised 3.19 FCP-3 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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.treasuEy.gov/fsreports/ref/suretvBnd/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 Sourcecrxf,.-K]A F77HGomp,I&mi-v Guidejarpmememenr;U07'1,7AV1,18hfnshr.igrrenicul Gerrernllp Rpylirnhle Pnmiv 1,;fP4 B-1 Psacriccr Oct 2016 Revised 3.19 FCP-4 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and 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 remected 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. 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; Sowresrc(:I,7A PYISCmup.!{crfcu•Guide l++'Nncu+t'rucur; DOTF7;11I116 Revised 3.19 FCP-5 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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. ll. 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 of seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.P.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 of seq., the Architectural Saar—nf: P7A FVL4Camp. R-ie;v 1)01'p7A Fief8Afasler'Agrc—menl Generally Applicable 11im-mans: F1A It�sr prxzcrices 1'rvernrumnl 0a. 2016 Revised 3.19 FCP-6 EXHIBIT 1A 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 $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 $160,000 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 .saures rrf: FM TY18 Camp. Review Gvidejrr Prncumrnent: DOT F/A FI'fR Maraerdgrecment Geuemlly dppUcable l'm4yions; 17A Best Practices Mocumment 0-t 2016 Revised 3.19 FCP-7 EXHIBIT 1A 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. 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 Il 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 source., ref.. RlA f YIN C"iiry. Re"jo Cnridejnr Yrttci"xurenl:UO'fP-/AFYIHAla,fer Agreemelir(;ereemlly A1grlicable Pixmisiuus;P'1A Pest'r-ices h—ovwerrl Oct. 2016 Revised 3.19 1•'CP-8 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT. 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) Sorxxertref.:!7A FYIN CnmP- 1{erica GrriJe fu•I'r»curxmeul;DO'YRIA1%1'1AklnslerAgmenrcn!GcrvcrrPoww,h s;F!A IJesr 1'rrrerice.c 1'rnemxnuu1 Oct. 2016 Revised 3.19 FCP-9 EXHIBIT 1A 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 Somr r&1--1AYYMComp ,Review Guidefor1hroevme+ri:IJOT'17A1F'18khwerdgwemen+Gene+n!!yApplicable11mvision.s;1,7Alies!I'mencesPivvenvu+ewOcr.2016 Revised 3.19 FCP-10 EXHIBIT 1A FEDERAL. CONTRACT PROVISIONS 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. 3nwrewrf.: F1'e! FPIS Camp, Rude"r AOT F!'d FYI3 dlns)erdgiten)cul L;cuern!!y A1)!)IiCnblC Plnrisimm; VIA Oct. 2016 Revised 3.19 FCP-11 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (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 .3 ces mf.: VIA FY1x Cmiy.li—ietw Grridefru 1'rneruxmenl;DOTI•li!Pomisionr;Flit licit 19ncrimsYm—wnueur Oct, 2011, Revised 3.19 FCP-12 EXHIBIT 1A 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) 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. Snarees re - FIX 1"V18 comp Review oniale 7++'!'+ncwvnenoL DOT YIA FV IS hlaw,Agoxeweur Gene+nlly Applicable llnwimnj, f'7W lier1 Hracfice. Ocr. 2016 Revised 3.19 FC:P-13 EXHIBIT 1A 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 (Non procurement)," 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 jApplies to Subcontracts at Eve 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; .5 1es ref: MIA FYISO rrlr_ ReviewGrriale f>rPmcrocwerrl; DOTbTl FY1R>rinsnr Agreemewr Generally Applicable hmisiems; 1,—/A Rest 11rncrices 1'mcnrcnrenl Ocl 2016 Revised 3.19 FCP-15 EXHIBIT 1A 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 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 whore 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 prince 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. Salf-er i f: hYA F Y18 Camp. Rerlem (nridc jrr f'incruergcur, POT FTA FY18 dI carer Agrerrmenr Generally Al>id—ble Pmvisimrs; YIA He-q Prmcrices Proc+vewem Oct 2016 Revised 3.19 t'CP-16 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT 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:llfdotxwp02.dot, state. fl. us/EgualOpportunityOfficeBusinessDirectory/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-catldbe 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 201h 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 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. .Snorer rcf.: 1, /A FYIN Camp_ Review Guile fir'PrucruvurenC UOT7•Tit h }78 Afaver Agrrcmerrl Grnemlly Applicable 11tos Oom; FGl liusi huctires Procrxnrneni Oct. 016 Revised 3.19 FCP-17 EXHIBIT 1A 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 § 47.403. [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 4220.1 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. Somres )e f: D Id YYI8 Comp. R-io" Guide f,r Pmcurx nrem; DOTVIA 11mvi.cimrs; h-/A Bev !'rnc6ecr 1 °rocanr nenf Oa 2016 Revised 3.19 FCP-18 EXHIBIT 1A 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. 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 1996 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 proposallbid. 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. Xmoveslef:FIA I'TWImpip. Reviev(7rdJe lu Plrlcmvmeur;DOTP-IA Pwrisinus; IqA Hew Praerieev I'rY)CIp ala 0a 201h - Rcviscd 3.19 FCP-19 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 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 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. Saves ref.: F!A FrhV Crnrrp. Karieu• Grrirlc for Prncwcurerrr; L)OT h7il 1 YI3 Ainalcr Agrxenrcrrl (icnern!ly Applknbla l mvmiom FP l flew Prances Pwclaemenr Oct 2016 Revised 3.19 FCP-20 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FT. (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 261 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 "company4easedr' refer to vehicles owned or [eased 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. Sowro r,;f.: d•IA FYM Comp. Review DOTh7•.f FYISAlawrAgrfement Gcrrernlly Applicahlc!'mrisions; FM Besr Yrrrcrices !'rac•runureer (M. 2016 Revised 3.19 PCP-21 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS 32. SCHOOL BUS OPERATIONS The contractor agrees to comply with 49 U.S.C. 5323(f), and 49 G.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, ortransfer; 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 Na" es rr/: /-']A NY1 N Camp. ReW-, Grdriu jnr 1'r»cacmmu; UDT F7A h wuiaus; F"!•il Best Praefices Procunenenr Oct 2016 Revised 3.19 FCP-22 EXHIBIT 1A 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: 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-Verity) a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of ail new employees hired by the Agency during the term of the Agreement; and Soumv. ref: Flit FYH4 Camp. Review Gukk f,r Pmcuremcor DOTRA !A FY18 A4asler AgmeI Geuerolly Applicable 11mrisions; PIA Res11'mciices hucummenl Ocl. 2016 Revised 3.19 FCP-23 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 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 strife, 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 S<rrrrrrs nf, MIX FYIN Corrrp-Re i•Grridz•.fi,r f'rxicruturenr, DOT FIA FYM Muller Agmerrreru Gcuem7!y Appli—Me 1"""wou3; Ff'A Ilea 11 etiees!'rvi ummem Oaf. 20M,, Revised 119 FCP-24 EXHIBIT 1A 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 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. Somecsref:: FIX FY18 Cang, Rcvlem Grride fru'!'rnnnrrrrenl; DO7.MA FMAI slcr Agivem 1 Geuemlfp Applicable !'rvrvisinnr; r7:1 Resr I'racrrres I'rnrureu+eut Oct. 1016 Revised 3.19 PCP-25 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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 closeout 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 .S Hu-c- ref.: FIA FY18 ('nurp. Review (irurle or Pmeu mmem; DOT F IA FP18 AMSferAgro-:emenl Gwre W&ApplirnAlc prxmi,cinns: F1iI J7eq lhrrcrice..c procrnmsew 0a 2016 Revised 3.19 FCP-26 EXHIBIT 1A FEDERAL CONTRACT PROVISIONS (FTA) 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. Saurc- ref.: FIA FY18 Comp, R-0., cndd f a• 1'+newrn+enl; D07' ],V (knomily eipplicnhle Privish))m MA hen l hack— l hncmewe++l Out 2016 Revised 3.19 FCP-27 EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE GCA-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered. Transactions GCA-3 Buy America Certification (MUST BE COMPLETED TO BE CONSIDERED RESPONSIVE) GCA-4 Certification regarding Lobbying GCA-5 Conflict of Interest GCA-6 Anticipated DBE, MIWBE or VETERAN Participation Statement GCA-7 Opportunity List for Commodities and Contractual Services and Professional Consultant Services GCA-8 Acknowledgement of Grant Terms and Conditions GCA - I 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 best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Clay Q'\ Name 'A\(,5 mAhex Title Project Name Zo - ��-7� Project Number Firm Tax ID Number doires , City, State, Zip Signature DUNS Number GCA - 2 EXHIBIT I GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Federal Transit Administration (FTA) Buy America Certification Steel, Iron or Manufactured Products A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. (SELECT ONE ONLY) Certificate of Cons liance with Buy America Re( h bidder or offeror hereby certifies th it will applicable regulations in 49 C.F.R. Part 66 / Date: I C. Z, J 7 v Signature: Company: L , Name: 1 a Title: ';GvPS l the requirements of 49 U.S.C. 53230)(1) and the ❑ Certificate ofNon-Compliance with Buy America Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 53230)(2), as amended, and the applicable regulations in 49 C.F.R. 661.7. Date: Signature: Company: Name: Title: GCA - 3 EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES 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, I I V l , 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 pJertificatio visions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In tion the ontractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to thi and disclosure, if any. ignature of Contractor's Authorized Official ba" 161W N Name of Authorized Official and Title C Date GCA - 4 EXHIBIT 1B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 2 0 - 7-T31 Collier County Solicitation No. I, �IN Qo��kJA� , hereby certify that to the best of my knowledge, neither nor my spouse, de dent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or emp ee, 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 disci se any interest I, or anyone noted above, has in any person or organization that does become involved in, or i Iffec a a later date by, the conduct of this matter. H A" Narne 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 Pail 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. GCA-5 EXHIBIT 113 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Unverifable statuses vAll require the PRIME to either prorvde a revised statement or prone source documentation that validates a I - A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME I PRIME FE!D NUMBER I CONTRACT DOLLAR AMOUNT 15THE PRIME A FLORWA ERTMED DISADVANTAGED, VETERAN Y N IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BU ESSENTERPRISE? DBE? Y N CONSTRUCTION ? Y N (DBEJt.1BQV/BEj ORHAVEA 1ALLDISADVANTAGEO BUSINESSSACERTIFICATIONF A9THEWALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? ASERVICE DI BLEDVETERAN? WBE? Y N OTHER? Y N SDB BA? Y N IS TWS SUBF ION A REVISION?I Y N jQF YES, REWSION NUMBER B. IF PRIME HAS SUBCONTR TOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN O ERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M%WBE SUBCONTRACTOR OR SUPPT I TYPE OF 1WORX OR I ETHNICITY CODE I SUB/SUPPLIER PERCENT OF CONTRACT VFTFRAPJ I NAME SPECIALTY (See Bebowl DOLLAR AMOUh1T DOLLARS TOT C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR I NAME OF SUBMITTER I DATE " I TITLE OF SUBMITTER II EMAIL ADDRESS OF PRIME[SUBMffTERj I TELEPHONE NUMBER I \ FAX NUMBER NOTE: This information is used to track and report anticipated DBE or FAKE participation in federally-f�nded contracts_ The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms_ This form must be ubmitted at time of response to a solicitation, if and when awarded a County contract, the prime will be asked to update the infofirn�tlon for the grant compliance files. ETHNICITY CODE BlackAmencan BA HispanicAmerican HA Native American NA SubCont.Asian Anu?rkan SAA Asian-Pacil is Afr icon APA Ion -Minority Womenj Nmw Other: not of any other group listed 1 O D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME I COLLIERCOIITRACTVfIFBIRFPorPOJRE4) I GRANT PROGRAMJCONTRACT IIACCEPTED BY: I DATE I EXHIBIT IB GRANT CERTIFICATIONS AND ASSURANCES COLLIER CG1rNre' GR04T CcY7.7PLIAN CE FORM PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES a is the policy of Cafiier County That disadvantaged businesses and srstaortay tiFrrd?rs, as defrned in the Code of federal Regulations (CFR) or Fioridastatutes FS,nausthave the a uni to aortkipahe on y con�ractsr.4th ederaiar�x(f�/arstategrant assisrance. PrimeContfartar/Prime Consultant: _ L ` \ C,]� Wt i' 1\t(A Address and Phone Number: ),%42 3'G 1 �-ZeoO Procurement Number/Advertisement Number: Z O T The list below is intended to he a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bedding or quoting as prince, as well as subs and supptiers quoting for Participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they here for Numbers 5, 6, 7, and B. This form musk be submitted with the bird package_ 1. Federal Tax lD Number: 4 �11 511 6. DBE S. Annual Gross Receipts Z. Firm Name: L N % B Non -DBE Less than $1 million 3. Phone Number: Sip- ells - Z600 Between $1-5 mi€lion 4. Address 15rj A'L a bnkh Si Between $ 5-10 million 7- subcontractor Between 510.15 million subconsultantMore than $ 15 million 5. Year Firm Established: q� 1. Federal Tax ID Number: 6.1 I DBE S. Annual Gross Receipts 2. Firm Name: 111--111 Non -DBE Less than $1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 5-10 million 7.e Subcontractor Between ;10-13Miliion subconsultant more than S 15 million 5. Year Firm Established: 1. Federal Tax IDNumber: I�1 6.1 1 DBE a. Annual Gross Receipts 2. Firm Name: III----111 Non -DBE Less than S 1 million 3. Phone Number Detvreen $ 1.5 million 4. Address Between S 5-10 million 7. Betvreen $ 10-15 million aSubcontractor subconsuftant More than $ i5 million 5. year Firm Established i- Federal Tax ID number. 6.8 D8t'. 0- Annual Gross Receipts Z. Firm Name: Nan -DBE Less than S 1 million 3- Phone Number. Between ; 1-5 million 4- Address Between ; 5-10 million 7- Betvreen ; 10-15 million []Subcontractor subconsultant Mare than $ 15 million 5. Year Firm Established: GCA - 7 EXHIBIT I B 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 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 L M Date 4 2� V Authorized Signature j 1.01 tw"l—I Address ' �Al %Z�� Solicitation/Contract LAID GCA - 8 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hM?s://apps.fldfs.com/boeexempt/ 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement, 5. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence 0 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the formof certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most Current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "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 Insured and the Vendor's policy shall be endorsed accordingly. l I. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 2/13/20 - CC We understand the insurance requ (5) days of the award of this solici date of award. / Name of Firm C. Vendor Signature Print Name Insurance Agency Agent Name Vendor's Insurance Statement s of these specifications and that the evidence of insurability may be required within five The} sur rice submitted must provide coverage for a minimum of six (6) months from the C i nk(y\w Date 41 t -?- 2 Wy��e- Telephone Number - W ` T�� ` -34 3 0 PM: Yousl Cardoso PS: Brenda B61hart ITB 15-6480 CAT Bus Shelters Related Items Bid Item No, Shelter type Item Description Unit " Total Order Quantity Unit Pelee (Per Unit) Total Order Quantity Cost (Delivered CATEGORY 1 - SHELTERS WITH SOLAR LIGHTING PACKAGE 1 C SLIM BUS SHELTER - (2) 24" X 35" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $17,120 $ 17,120.00 2 B STANDARD SUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $17,000 $ 17,000.00 3 A STANDARD BUS SHELTER WIEXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 1 $16,950 $ 16.950.00 4 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 5 $13,725 $ 68,625.00 5 B STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE. EA 5 $13.620 $ 68,100.00 6 A STANDARD BUS SHELTER WIEXT. ROOF - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 5 $13,540 $ 67,700.00 7 C SLIM BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE FA 10 $13,725 $ 137,250.00 8 B STANDARD BUS SHELTER - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 10 $13,620 $ 136,200.00 9 A STANDARD BUS SHELTER WIEXT_ ROOF - (2) 24" X 36" MAP CASE, SOLAR LIGHTING PACKAGE EA 10 $13,540 $ 135,400,00 SUBTOTAL CATEGORY 1 $ 664,345,00 CATEGORY II - WASTE RECEPTACLES 19 WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID_ 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT EA 1 $1,380 $ 1,380.00 20 WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT EA 5 $1,140 $ 5,700.00 21 WASTE CONTAINER - 32 GALLON RIB PATTERN RECEPTACLE. DOME TOP LID. 32 GALLON RIGID PLASTIC LINER, SURFACE MOUNT EA 10 $1,110 $ 11,100.00 SUBTOTAL CATEGORY U $ 18,180.00 CATEGORY III - BIKE RACKS 22 BIKE RACK- "U" RACK, SURFACE MOUNT LT GRAY EA 1 $440 $ 440.00 23 BIKE RACK- "U" RACK, SURFACE MOUNT LT GRAY EA 5 $440 $ 2,200.00 24 BIKE RACK- "U" RACK, SURFACE MOUNT LT GRAY EA 10 $440 $ 4,400.00 SUBTOTAL CATEGORY III $ 7,040.60 CATEGORYIV- BENCHES P5 BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE SEATING SPACE. EA 1 $1,500 $ 1,500.00 26 BENCH, 6' RECYCLED PLASTIC WITH MULTI PLEARMREST TO DIVIDE SEATING SPACE. EA 5 $1,400 $ 7,000.00 27 BENCH, 6' RECYCLED PLASTIC WITH MULTIPLE ARMREST TO DIVIDE SEATING SPACE. EA 10 $1 ,400 $ 14,000.00 SUBTOTAL CATEGORY 1V $ 22,500.00 CATEGORY V -SOLAR PACKAGE FOR COURTHOUSE STYLE SHELTER 28 SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING COURTHOUSE STYLE SHELTER. EA 1 $1.850 $ 1.850.00 29 SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING COURTHOUSE STYLE SHELTER. EA 5 $1 ,700 $ 8,500.00 30 SOLAR LIGHTING PACKAGE (COMPLETE) RETROFIT FOR EXISTING COURTHOUSE STYLE SHELTER. EA 10 $1,550 $ 15,500.00 SUBTOTAL CATEGORY V $ 25,860.00 "NOTE., Collier County is requesting various (1, 5, 10 Units) Total Order Quantity Cost "Delivered" prices to allow flexibility in ordering in bulk. "Product shall be delivered to Collier County at a single site (per delivery) as requested. Pricing shall include delivery and be all Inclusive. Award will be made to the lowest responsive bidder per Category 1 or 1 EXHIBIT IB GRANT CERTIFICATIONS AND ASSURANCES COLLJER COUNTY ANTICIPATED DJSADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Urwerifade statuses will require the PRIME to either proivde a revised statement or provide sourie documentation that validates a status. A. PRIME VEN DORIC ONTRACTOR INFORMATION PRIME NAME a I`-'EFEDNUMBER CONTRACT DOLLAR AMOUNT I5THE FRIMEAFLORIDA-CERTIFIEDDISADVANTAGED, y,VrERAy y N STHEACTIVITFOFTHIS 0ONTRACT._ MINORITWORWOMENBUSINE5SENTERPRISE? DBE? Y N OONSTRLFCTION7 Y N (DBE/MWWBE) OR HAVE A SMALLDISADVANTACED BUSINESS SA€ERTIFICATIONFROM THE SMALL BUSINESS MBE? YtJ CONSULTATION? r tJ ADMINISTRATION? A SERVICE DISABLED VETERANS WBE? Y N OTHER? Y N SD73 8A? Y N IS THIS SUBMISSION A REVISION? N I F YES. P.E'a SIGN NUMBER D, 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 WWBE 5 UBC ONTRACTOR OR SUPPUER TYPfOFWGRICOR ETHNICITYCODE SUBf5UPPLIER PERCENT OFCGNTR6kCT VETERA`, NAME SPECIALTY ISee Below] DOLLAR AMOUNT DOLLARS TOTAL: C. SECTION TO BE COMPLETED BY PRIME VENDORAONTRACTOR NAME GF SUBMfTTER DATE TIME O F SU BMfTTER EMAILADDRES'SOF PRIME {SUBMIT TER) TELEPHONE NUMBER FAX NUMBER NOTE: This information is used to track and report all kipated DBE Or MBE participation in federally -funded contracts- The antidpated DBE or MBE amount is vol untary and will not become part of the contractual terms. This form must be submitted at time of reWnse tau a solicitation- tf and when mvarded a County €ordTact, the Prime will be asked to updatethe infonnationforthe grant compliance files. D. SECTION TO BE COMPLETED BY COWER COUNTY -"ENTNAME OOWEROONTRACT� IFEVRFParPOjRE GRANTPROGRAM/0DNTRACT ACCEPTED BY: DATE ETHNICITY CODE BlackAmeri[an BA HispanicAmerican HA Nativekmleri[an NA Sub[ant. Asian American 5AA Asia n�adfi€American APA Nonirlinority Women NI" Other: not of any ot1►er group listed O GCA-6