#23-8108 (Jacobs Engineering Group, Inc.) PROFESSIONAL SERVICES AGREEMENT
Contract# 23-8108
for
Design Services for Collier Area Transit Operations and Maintenance Facility
THIS AGREEMENT is made and entered into this I /J day of-F.elOri1 aril , 20 21 by and
between the Board of County Commissioners for Collier County, Florida, a political ubdivision of the
State of Florida (hereinafter referred to as the "COUNTY") and
Jacobs Engineering Group, Inc. authorized to
do business in the State of Florida, whose business address is
5811 Pelican Bay Blvd., Suite 305, Naples, FL 34108 (hereinafter
referred to as the "CONSULTANT" and/or"CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Design Services for Collier Area Transit Operations and Maintenance Facility
(hereinafter referred to as the "Project"), said services in
accordance with the provisions of Section 287.055, Florida Statutes being more fully described in
Schedule A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to
which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of
Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the
COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation",
which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
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1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or
other form of legal entitlement to practice such services, it shall employ and/or retain only qualified
personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Kevin Regalado a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the services to
be provided and performed under this Agreement. Further, the Project Coordinator has full authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder.
The Project Coordinator shall not be removed by CONSULTANT from the Project without the
COUNTY's prior written approval, and if so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide
and perform services or work pursuant to the requirements of this Agreement, said request may be
made with or without cause. Any personnel so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional
services that will be performed pursuant to this Agreement and has extensive experience with projects
similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided
by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to
ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Services to be provided
and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735
and 218.76 F.S.), as amended, 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:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestcolliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
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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.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY
of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution
of each such conflict. The COUNTYS approval of the design documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful
construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for
the following: Tasks not completed within the expressed time frame, including required deliverables,
incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements
and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to
the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make
sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to
correct the deficiency within the specified timeframe, these funds would be forfeited by the
CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or
items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance
whether or not the COUNTY obtained substitute performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall
require all of its employees, agents, subconsultants and subcontractors to comply with the provisions
of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such
subpoenas.
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1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the
Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either
reference specific established Survey Monumentation, such as Certified Section Corners (Half or
Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time
Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming
conventions (i.e. right-of-way- ROW, centerlines- CL, edge-of-pavement- EOP, etc.), and adhere to
industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed
in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services
shall be set forth in the Change Order or Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement, such
authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at
the time such services are authorized. These services will be paid for by the COUNTY as indicated
in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via a Change Order or an Amendment to this Agreement prior
to starting such services. The COUNTY will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written approval
for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of
the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change
in the Agreement is required because of the action taken by CONSULTANT in response to an
emergency, an Amendment shall be issued to document the consequences of the changes or
variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency
within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence.
Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right
it otherwise may have had to seek an adjustment to its compensation or time of performance under
this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
2.1.1 Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or advances
in connection with the Project.
2.1.2 Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.1.3 Providing renderings or models for the COUNTY's use.
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2.1.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.1.5 Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT
and directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the
Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter referred
to as the "Project Manager"). The Project Manager shall have authority to transmit instructions,
receive information, interpret and define the COUNTY's policies and decisions with respect to
CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue
any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be
interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance
with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's
requirements for the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's
disposal all available information in the COUNTY's possession pertinent to the Project,
including existing drawings, specifications, shop drawings, product literature, previous
reports and any other data relative to the Project;
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d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site
to perform the services to be provided by CONSULTANT under this Agreement; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY
with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution
of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion
of the Project and shall be performed and completed in accordance with the Project Milestone
Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect
to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify the COUNTY in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension for that specific
delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or
give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's
sole remedy against the COUNTY will be the right to seek an extension of time to its schedule
provided, however, the granting of any such time extension shall not be a condition precedent to the
aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for
early completion, as well as claims based on late completion. Provided, however, if through no fault
or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of
180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those
services that have not yet been performed, to reflect the incremental increase in costs experienced
by CONSULTANT, if any, as a result of such delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes
performance of its obligations hereunder in such a manner so as to reasonably establish to the
COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be
deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee,
reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material
invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's
Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time
spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark-up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements would
most likely change. As a general business practice, these contracts include back-up documentation
of costs; invoices would include number of hours worked and billing rate by position (and not company
(or subcontractor) timekeeping or payroll records), material or equipment invoices, and other
reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply
only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1
above. 10 Grant Funded: The hourly rates as set forth and identified in Schedule B,which is attached
hereto, are for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and
other technical data, other than working papers, prepared or developed by or for CONSULTANT under
this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of
such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely
responsible for all costs associated with delivering to the COUNTY the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY
to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive,
irrevocable license in all of the Project Documents for the COUNTY's use on this Project.
CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the
COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to
complete the Project following CONSULTANT's termination for any reason or to perform additions to
or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the
COUNTY may be making Project Documents available for review and information to various third
parties and hereby consents to such use by the COUNTY.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for
a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Project is completed, whichever is later, or such later date as may be required by law. The COUNTY,
or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right
to audit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the 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 CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
8.2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein
shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners,
OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall
contain a severability of interests' provisions.
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9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the
COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by the COUNTY applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf
of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by the
COUNTY, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or
higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall,
however, be construed as constituting an agreement between the COUNTY and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the COUNTY beyond such as may then otherwise exist
without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the
Project to perform the Services required hereunder. Such personnel shall be committed to this Project
in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall
not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the
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CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement,
assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and
protect the rights of the COUNTY under this Agreement with respect to the Services to be performed
by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not
prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or
subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between the
COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at
the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims,
except for insurance company subrogation claims, by it against the COUNTY arising out of this
Agreement or otherwise related to the Project, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time
of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the
COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set
forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services
under the Agreement within the times specified under the Notice(s)to Proceed, or(b)CONSULTANT's
failure to properly and timely perform the services to be provided hereunder or as directed by the
COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's
failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's
failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just
cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable,
or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to
be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies
against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination
for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of
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the fee earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including,
but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT
must mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth and
described in this Agreement, including those described in Article 6, that are in CONSULTANT's
possession or under its control.
12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided
by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the
CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in
accordance with the procedures set forth in Article Four herein.
12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or(ii)the COUNTY otherwise persistently fails to fulfill some material obligation owed by
the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after giving
THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or
subcontractor or their agents or employees or any other persons performing portions of the Services
under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving
written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY
does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice,
CONSULTANT may, upon fourteen (14) additional days'written notice to the COUNTY, terminate the
Agreement and recover from the COUNTY payment for Services performed through the termination
date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any
other damages from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule E, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT's services to be provided under this Agreement are accurate,
complete and current at the time of the Agreement. The CONSULTANT agrees that the original
Page 11 of 29
PSA_CCNA Single Project Agreement[2023_ver.l]
Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which
the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such adjustments shall be made within one (1)
year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT 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. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following the
COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Public Transit & Neighborhood Enhancement Division
Division Director: Brian Wells
Address: 8300 Radio Road
Naples, Florida 34104
Administrative Agent/PM: Liz Soriano, Project Manager II
Telephone: (239) 252-4994
E-Mail(s): Liz.SorianoRcolliercountyfl.gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the
CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
CONSULTANT's address of record:
Company Name: Jacobs Engineering Group, Inc.
Address: 5811 Pelican Bay Blvd., Suite 305
Naples, FL 34108
Page 12 of 29
PSA_CCNA Single Project Agreement[2023_ver.1]
Attention Name & Title: Bill Cramer
Telephone: (239) 860-4922
E-Mail(s): Bill.Gramer@jacobs.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY
and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: Federal Contract Provisions and Assurances
Solicitation # 23-8108 , including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
Page 13 of 29
PSA_CCNA Single Project Agreement[2023_ver.1]
17.10. Grant Funded Projects (only applicable to Grant funded projects): 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 Grant 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 CONSULTANT at the COUNTY's discretion.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to services funded
by the United States government. 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.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto
and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude
any sums by which the COUNTY determines the compensation was increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes
which read as follows:
"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, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies 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 s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
Page 14 of 29
PSA_CCNA Single Project Agreement[2023_ver.1]
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. 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 CONSULTANT with full
decision-making authority and by the COUNTY's staff person who would make the presentation of
any settlement reached during negotiations to the 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 CONSULTANT with full decision-making authority and by the COUNTY's staff
person who would make the presentation of any settlement reached at mediation to the 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.
20.2. 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.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended, as well as the Florida state law requirements set forth in
Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT 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.
[Signature page to follow this page]
******Remainder of page intentionally left blank******
Page 15 of 29
PSA_CCNA Single Project Agreement[2023 ver.l]
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
By; t By: eAdiag.
�hest as to Chairman s_
Date: , P) � 'Sit It tttr�ony.
Chris Hall, Chairman
rove to or d Legality:
fit.
County ttorney
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Name
Consultant:
Consultant's Witnesses: Jacobs Engineering Group, Inc.
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Page 16 of 29
PSA_CCNA Single Project Agreement[2023_'er.I J
/Cc A/
AO
SCHEDULE A
SCOPE OF SERVICES
1 21
following this page (pages through )
Page 17 of 29
PSA_CCNA Single Project Agreement[2023_ver.I]
CA
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
SCHEDULE A —SCOPE OF SERVICES
Scope of Work (10/30/23) R5
Collier County RPS No. 23-8108
Collier Area Transit (CAT)
Design Service for Operations and Maintenance Facility
Background
Jacobs Engineering Group, Inc. ("CONSULTANT") and CONSULTANT's Project Team ("Project
Team") will perform professional services for the design, bidding and construction administration
services of a new Operations and Maintenance Facility for Collier Area Transit. The design and
project scope will be based on the concept prepared by the CONSULTANT in collaboration with
SUBCONSULTANT, as shown on the conceptual site plan below in Figure 1.
Collier Area Transit's existing facility is located on a 10.04-acre parcel. The existing facility
contains a maintenance building, with maintenance bays, parts shop, vehicle parking, offices for
operations staff, a dispatch area, and a training room. The existing structure has met its useful
life and sustained damages from previous storms that has not been repaired requiring demolition
after a new facility is built. The parcel also contains an administration building, a secondary
transfer station with bus bays to the north, employee parking, outdoor storage/parking for buses
and support vehicles to the east and west, and a fueling island and a bus wash facility to the
south, all in which will remain and must be operational during construction.
The design will be for the construction of a state-of-the-art, sustainable, operations, and main-
tenance facility; the infrastructure to support the electrification of a fleet of 2 vehicles; the
construction of solar panels over designated parking areas for utilization of existing space and
reduction of ambient site temperature. The design for the new facility shall address the needs of
both operations and fleet maintenance; with space to accommodate administrative staff; Bus
Operators; Dispatchers; Lockers rooms; Training room with space for Bus Simulator; Parts and
Equipment storage; Solar Canopy for Bus Parking; Electric Bus Charging Station; and
Maintenance Bays.
The CONSULTANT will work with County staff and coordinate as necessary with partner
organizations such as facilities, permitting, and external utilities or any external or internal
organization that may be needed for the coordination of this project. This project will utilize grant
funding, CONSULTANT will meet and follow all grant provisions. Grant funding shall be
coordinated across all required disciplines across the entire team.
Below is a summary of the building included in the project scope:
• Administration Building: +/- 5,700 s.f.
• Maintenance Warehouse& Support Area: +/- 11,000 s.f.
• Vehicle Maintenance Facility: +/- 12,000 s.f.
Page 1 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
• Covered Vehicle Parking: +/- 19,200 s.f.
• Reconciliation Building: +/- 200 s.f.
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,9 °.ns 1, �+y".v�,- `z�,
Figure 1—Conceptual Site Plan Denotes project scope of work area.
General Scope
A design package consisting of the Operations and Maintenance Facility will be developed for
this project. For this design package, CONSULTANT will provide the following services:
1. Management of the project from data collection, bid opening and award of the contract.
2. Management and coordination of the work required with the geotechnical, civil, survey,
and environmental subconsultants for a complete design submittal.
3. Management and coordination with the Design Team including subconsultants.
4. Management and coordination with County staff, as required.
5. Preparation of permit applications, permit submittal and acquisition of permit approvals
(initial application then transfer to the selected contractor) are included in the scope.
Applications listed below:
a. Collier County Building Permit
b. Site Development Permit
c. South Florida Water Management District
6. Preparation of minutes of meetings and phone conversations.
7. Program verification and site investigations.
8. Preparation of the construction documents and incorporation of Collier County's front-end
contract documents.
9. Preparation of the design report, construction cost estimate, and construction schedule.
Shall be updated at each of the milestone submittals.
10. Bidding and award assistance.
Assumptions/Design Parameters
1. This project is eligible for grant funding.
Page 2 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
2. The scope of work covers one (1) design package — the Operations and
Maintenance Facility. The Operations and Maintenance Facility will be publicly
bid.
3. The Project Team will develop plans, a project manual, a design report, and a
construction cost estimate at each milestone in the design process.
4. County staff and other appropriate stakeholders will participate in one (1)
design charrette, as well as the design review process and provide feedback
on the plans and specifications. The CONSULTANT to provide charette
questionnaire prior to charette workshop for County review and response.
5. The Project Team will produce a final contract set of plans, project manual,
design report, construction schedule, and construction cost estimate.
6. Attendance and/or presentation at board meetings and public
hearings/meetings is included.
7. A hazardous materials survey and remediation plan/performance specification
report is included.
A. The CONSULTANT shall at no time take title, risk of loss or ownership
of the hazardous substances. The County recognizes that The
CONSULTANT assumes no risk and/or liability for hazardous
substances encountered while performing any services associated with
such hazardous substances.
8. It is assumed that the County will directly pay all applicable permit application
fees.
9. Environmental Graphic(Wayfinding) Design is included.
10. The facility will be designed in accordance with current edition of the Florida
Building Code, County vertical, utilities, and IT standards + ADA standards.
11. Site Lighting is included within the project scope of work area.
12. Lightning Protection will be provided.
13. Backup emergency generator. The CONSULTANT will provide a preliminary
analysis of the existing generator and advise as to its potential use to include
the new facility. County shall provide all the service data associated with the
existing generator. The CONSULTANT will need assess the data and
determine how much load the existing generator will be able to support as well
as it's useful life. If the generator does not have sufficient capacity to support
any additional loads, CONSULTANT will incorporate a design solution in the
project.
14. Security Design Engineering will be provided.
15. Quality Assurance testing is not included.
16. Value engineering services are not included past 30% Submittal.
17. IT Design Engineering will include the design of conduit, cable tray, and wall
plates only and will not include the actual design of the cables and systems.
Voice / Data & Communications system designs will be performed by County
staff and third-party vendors. Coordination with County staff, contract vendors,
Facilities Management, and other appropriate specialties will be included to
provide a full design package that includes all low voltage systems. County
Page 3 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
shall provide all specifications for end connection hardware and systems
backbone (servers, battery backup etc.) to CONSULTANT for incorporation
into the contract documents to constitute a complete design to be bid and
installed by the selected contractor. To include all security aspects, as this is a
transit facility and must follow Homeland Security guidelines.
18. Fire suppression design will be performance based. Sprinkler risers and main
piping will be shown on drawings. Performance criteria will be identified on the
plans. Sprinkler contractor will be responsible for providing the detailed
sprinkler design.
19. Fire alarm design will include device locations. Fire alarm contractor is
responsible for detailed fire alarm design including system wiring.
20. It is assumed the existing County site water supply is sufficient to supply the
fire suppression sprinkler systems.
21. It is assumed the existing County site potable water supply is sufficient to
supply the potable water systems.
22. It is assumed that the existing County site sanitary system of the project site
has sufficient capacity to accept flows from the proposed project.
23. It is assumed that the existing County site electrical distribution system in the
vicinity of the project has sufficient capacity to serve the project.
24. A boundary survey, legal description, or property survey is included in the
scope.
25. A traffic study will not be provided in the base scope of work. We are not
anticipating adding traffic flow to the site therefore traffic impact mitigation is
not anticipated.
26. The Geotechnical Investigation will only include a visual and scent detection of
hydrocarbons. If hydrocarbons appear to present in the soil and groundwater
additional testing and remediation will be required. The additional testing and
remediation would be considered additional services.
27. In soils, foundation, groundwater, utilities (all utilities within the area of the
scope of work), and other subsurface investigations, the actual characteristics
may vary significantly between successive test points and sample intervals and
at locations other than where observations, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground conditions may occur that
could affect total project cost and/or execution. These conditions and
cost/execution effects are not the responsibility of CONSULTANT.
28. It assumed that there are no jurisdictional wetlands on the site and that none
will be impacted by the project.
29. Cost estimating of Furniture, Fixtures and Equipment (FF&E) items is not
included in the scope.
30. Based on site visits and geotechnical data obtained, CONSULTANT will
recommend pavement rehabilitation for the pavement areas within the limits of
the project scope of work. The CONSULTANT will then incorporate the
agreed-upon rehabilitation options into the contract plans.
Page 4 of 21
Schedule A- Scope of Services
CAO
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
31. Specification of Furniture, Fixtures and Equipment (FF&E) in the offices areas
is not included. Coordination with the County and/or Project Manager to
provide detailed layout drawings of the furniture, fixtures and equipment as
necessary is included. FF&E selection by County.
32. Construction phase services including quality assurance testing (during
construction to be performed by the contractor) and resident project
representative are not included in this scope.
33. The CONSULTANT will perform bidding support services as outlined in Task
7. The following terms will apply:
A. Such services shall be performed under County's direction and in
accordance to such forms, terms and conditions, or modifications or
revisions to same as County may in its sole discretion at any time instruct
CONSULTANT to use. All services shall be carried out in accordance with
the procedures mutually agreed upon by County and CONSULTANT.
B. The CONSULTANT shall not have authority to accept or bind County in
any way to changes, modifications, revisions, alterations, amendments, or
supplemental, additional, or different terms and conditions (hereinafter
referred to as "deviations") which may be submitted or requested by a
vendor or contractor. The CONSULTANT shall immediately submit any
deviations from County's standard terms and conditions to County for
review by County's Purchasing Manager or their representative and such
deviations shall not be accepted by CONSULTANT unless CONSULTANT
receives express written approval thereof from County's Project and/or
Purchasing Manager or their representative.
34. The CONSULTANT's performance of construction support services shall be
subject to the following terms:
A. The CONSULTANT will not bear any responsibility or liability for defects
or deficiencies in the construction work or for the failure to so detect but will
notify County of an observed defect or deficiencies in a timely manner. The
CONSULTANT shall not make inspections or reviews of the safety
programs or procedures of the construction contractor(s), and shall not
review their work for the purpose of ensuring their compliance with safety
standards.
B. If CONSULTANT is called upon to review submittals from construction
contractors, CONSULTANT shall review and approve or take other
appropriate action upon construction contractor(s)'submittals such as shop
drawings, product data and samples, but only for the limited purpose of
checking for conformance with information given and the design concept
expressed in the contract documents. The CONSULTANT's action shall
be taken with such reasonable promptness as to cause no delay in the
work while allowing sufficient time in the CONSULTANT's professional
Page 5 of 21
Schedule A- Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
judgment to permit adequate review. Review of such submittals will not be
conducted for the purpose of determining the accuracy and completeness
of other details such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or systems
designed by the construction contractor, all of which remain the
responsibility of the construction contractor. The CONSULTANT's review
shall not constitute approval of safety precautions or of construction means,
methods, techniques, sequences or procedures. The CONSULTANT's
approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
C. The CONSULTANT shall not assume any responsibility or liability for
performance of the construction services or for the safety of persons and
property during construction or for compliance with federal, state and local
statutes, rules, regulations and codes applicable to the conduct of the
construction services.
D. All services performed by others, including construction contractors and
their subcontractors, shall be warranted only by such others and not by The
CONSULTANT.
Specific Scope
The existing operations and maintenance building is a prefabricated steel building constructed in
1985, with a useful life of 20 to 25 years. In addition to the structural age, there are several other
concerns with the existing maintenance building, including operational compatibility,
environmental issues, and limited security that requires the structure to be demolished and rebuilt.
The County would like to replace the existing Operations and Maintenance Facility with the
construction of a new facility that will be optimizing available space for effective operational use,
with the utilization of Leadership in Energy and Environmental Design (LEED) standards as
feasible. The overall design must include, but is not limited to:
• State-of-the-art devices to maintain a sustainable fleet, including electric vehicles.
• A secure and efficient parts room.
• Green technology initiatives such as solar canopies to energize the operation and
maintenance facility or a portion of it and provide shade for para-transit buses.
• A simulator training area to enhance operator safety.
• Incorporate a Digital Think Room as a Business Intelligence (BI)tool.
• Incorporate the efficient use of energy with bi-directional electric vehicle charging systems,
vehicle to building and battery to battery direct charge & discharge technology.
• Incorporate security with upgraded entrance and exit for the buses and employees into the
operations and maintenance facility.
The proposed improvements will be made on the existing property which has already received a
NEPA Categorical Exclusion. The CONSULTANT shall provide the full scope of design,
permitting, bidding, and contract administration services necessary to complete the projects as
described including but not limited to the following:
Page 6 of 21
Schedule A- Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
1. Provide all programming and preliminary design documents for use in establishing the
basis for the final design of the site and building(s). These documents will include site
plans, floor plans, and building elevations in sufficient detail to illustrate the program of
spaces, convey general building and site design and generate a project budget.
2. Provide all geotechnical, topographical, traffic, environmental, and species surveys,
reports, and studies necessary to fully permit and complete the project. Prepare and
submit all permits related to the project, including Site Improvement/Development Plans
and the building permit, to ensure necessary permitting is completed to facilitate the
project schedule. Coordinate with the Project Manager as necessary during the
submission of the building permit.
3. Facilitate required public outreach and meetings necessary to complete a project of this
size and scope in this specific location.
4. Coordination may be required with other County Divisions, and outside organizations
and additional documentation may be needed to submit to the grantor.
5. Coordinate with County staff to develop an effective and efficient program, acquire all
necessary permits in a timely manner, provide a design suitable for the intended use
incorporating best design practices for efficient and resilient building, to include LEED
standards.
6. Coordination with the County's contracted General Contractor and/or Project Manager
throughout the project timeline to ensure value, constructability, and an efficiently
planned and constructed facility.
7. Provide final design documents including, but not limited to, architecture, civil
engineering, structural engineering, mechanical,electrical,and plumbing(MEP)engineering,
low voftage/technology, and landscape architecture documents required for permitting and
construction.
8. Facilitate and attend all project meetings, prepare agendas, generate meeting minutes,
and provide follow-up on tasks.
9. Utilize the County's project management platform (Procore) throughout the project for
all project communications, document management, approvals, site observations,
requests for information, etc. If the County does not have a platform available, the
awarded firm must utilize an industry-standard platform as necessary.
10. Provide the County with all necessary and appropriate documents for review throughout
each review point of each phase of the project.
11. CONSULTANT shall appoint a person to act as primary contact for the duration of the
project. This person (or their backup) shall be readily available Monday through Friday
during the normal working hours of 8:00AM to 5:00PM by phone or in person and shall
Page 7 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
be knowledgeable of the overall project status and activities. Any deviations from the
below point of contacts shall be approved by the County.
A. Kevin Regalado, AIA (Project Manager)
B. Leila Multidor-Evelyn (Deputy Project Manager)
C. Nick De Ciccio, PE (Permitting / Local Primary Contact)
D. Bill Gramer, PE (Principal in Charge)
12. The design shall comply with all required current codes including but not limited to the
following:
A. Current Florida Building Code which includes Accessibility Guidelines and
standards.
B. Sustainability requirements per Florida Statutes municipal facilities shall be
constructed to comply with a sustainable building rating system or a national model
green building code.
Specific tasks(Basic and Special Services) related to the above items are identified in each phase
of the project as described below.
TASK 1 — DATA COLLECTION & PROGRAM VERIFICATION
1. Coordinate with subconsultants including but not limited to survey, geotechnical, and
hazardous materials as well as other Project Team members.
2. Perform a detailed topographic survey of the site.
3. Perform a geotechnical investigation to assist in determining the existing site conditions and
developing recommendations for the building designs and site pavement design.
4. Perform a hazardous materials survey of the existing building. The hazardous materials
survey will include an asbestos survey, lead paint testing, and PCBs & Mercury survey.
5. Research record drawings for underground utilities. (i.e. sewer, water, electric, gas,
communication, etc.).
6. Perform site walk through survey to locate and note any special site conditions that would
affect construction techniques or materials. Take photographs of the site and provide written
documentation, sketches, notes, or reports to confirm and record the general conditions of the
existing site. Field verify that all existing features in the field were incorporated during the
topographic survey.
7. Conduct a multi-disciplinary concept design meeting with project stakeholders to review site
and building design options. Based on the project requirements, it is estimated that the
meeting will require 1-2 days on-site with opportunities for stakeholders to engage in work
sessions with the design team. It is anticipated that the design meeting would require'/2 day
of attendance by County staff. Activities will include conferring with County, user groups and
stakeholders on project requirements, budget preparation, finances, schedules and other
pertinent matters. Opportunities to incorporated photovoltaics, review of providing HVAC
systems in lieu of mechanically ventilating the maintenance bays and providing for electric
bus/vehicle future growth will be explored. The meeting will begin with a site visit and
Page 8 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
inspection of the project site to confirm existing conditions and verify equipment layouts and
operational procedures. The site visit will be documented through photographs and written
documentation, sketches, notes and reports to confirm and record the general conditions of
the existing site. Within this initial phase CONSULTANT will review all applicable zoning
requirements. Existing site and building layout options will be tested regarding feasibility,
constructability, costs and expansion/flexibility, and options for improvement will be presented
for review with project stakeholders.
8. Prepare meeting minutes and an executive summary of the design meeting and document
the results and decisions made.
Deliverables (Data Collection & Program Verification)
County: 2 signed and sealed copies of the Survey
2 signed and sealed copies of the Geotechnical Report
2 signed and sealed copies of the Environmental Report
2 copies of the existing conditions field report
Electronic copies of the survey file in PDF and Autocad
Electronic copy of the geotechnical, environmental, existing conditions field report
and meeting minutes/executive summary of the design meeting in PDF
Electronic submittal process through Procore
TASK 2—SCHEMATIC DESIGN
1. With a vetted concept in hand, the Project Team will begin execution of a preliminary set of
documents to capture the design intent and begin a series of studies of construction and
execution strategies; site use and improvements; selection of materials, building systems and
equipment; potential construction methods; and, if requested, make a recommendation
among such alternatives in conjunction with the owner. A preliminary project description
comprised of a narrative discussion of preliminary material selections, components,
assemblies, and systems (including proposed civil, mechanical, and electrical design
elements, components and systems) to be used in the project. Provide mechanical and
electrical requirements specific to the project.
2. The Project Team shall develop study drawings, documents, or other media that illustrate the
concepts of the design and include spatial relationships, scale, and form for the County to
review. Generate three-dimensional and BIM/Rivet models. This is also the research phase
of the project, when zoning requirements or jurisdictional restrictions are discovered and
addressed. The Project Team will produce a final schematic design, to which the owner
agrees after consultation and discussions with the architect. Costs will be estimated based on
overall project volume.This phase will produce a site plan,floor plan(s), sections, an elevation,
and other illustrative materials; preliminary computer images and renderings. The drawings
include overall dimensions, and a construction cost is estimated.
3. Review the alternative approaches to the design and construction with County staff including
site layout, construction materials, building systems and equipment; and if requested make
recommendation among the alternatives.
Page 9 of 21
Schedule A-Scope of Services
CAO
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
4. Review the design options along with the preliminary cost estimates with Collier County Public
Transit & Neighborhood Enhancement Division and implement any changes and/or
modifications to the preliminary design documents. Coordination with other organizations or
divisions to incorporate any required elements into the design of the project.
5. Schedule and attend a site review application meeting with County. A site plan review meeting
must be submitted to ensure the adjacent infrastructure contains sufficient capacity for the
proposed development. County will issue a trip allocation letter for the proposed development.
Schedule and attend Site Development Plan (SDP) Pre-application meeting with Collier
County Growth Management Department (GMD) based on the selected site/building plan
(SDP pre-application fee paid by Collier County).
6. Perform subsurface utility location services to determine the location of existing underground
utilities.
Deliverables (Schematic Design)
County: 2 copies of the preliminary design report
2 copies of preliminary cost estimate
Electronic copies of the site and floor plan files in PDF and Autocad
Electronic submittal process through Procore
TASK 3— DESIGN DEVELOPMENT (30% Construction Documents)
Based on the information collected above the Project Team will proceed with Design Development
to consist of 30% Construction Documents. The Project Team will perform the following tasks as
part of this phase:
1. Meet with County staff to review the decisions made during the Schematic Design phase
and discuss any relevant issues related to progressing the design
2. Develop 30% Construction Drawings consisting of the following:
• Cover Sheet
• Index of Drawings
• General Notes
• Demolition Plan and Details
• Site Plan and Details
• Typical Sections
• Utility Plan
• Grading and Drainage Plan
• Erosion Control Plan
• Site Lighting Plan
• Signage Plan
• Architectural Site Plan
• Architectural Roof Plan
• Architectural Building Floor Plans
• Architectural Reflected Ceiling Plans
• Architectural Building Elevations
Page 10 of 21
Schedule A- Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
• Architectural Building Sections
• Structural Foundation and Roof Framing Plans
• Mechanical Plans including duct layouts, Special Details and schedules.
• Plumbing Plans and Special Details
• Electrical Power and Lighting Plans, Power Riser Diagrams and Special Details
• Fire Protection Plans
• Fire Alarm Plans
• Security Plans
• IT/ Communication Plans
• Industrial Systems Plans
• Landscape Plan
• Irrigation Plan
• Phasing Plan
3. Generate three-dimensional and BIM/Rivet models. Provide fly-through rendering at this
submittal for review of massing and views.
4. The Project Team will analyze the existing roadways around the perimeter of the site to
determine if the existing roadway geometry can accommodate bus fleet and tractor trailers
that will need to access the site. If the existing roadways can accommodate the bus fleet
and tractor trailers than modification of the existing geometry is not required. The Project
Team will analyze the geometry using AutoTurn and provide County with documentation
of the analysis.
5. Electrification plan must provide transformer size, enough for future expansion, additional
conduits must be shown for future growth.
6. Facilitate required public outreach and meeting.
7. Provide finish & color selections coordinated with the stakeholders.
8. Evaluation and incorporation of value engineering recommendations.
9. Develop an outline of the technical specifications utilizing MasterSpec.
10. Prepare for and attend two (2) meetings with County to discuss project progress and
review the design submittals. Prepare meeting minutes for these meetings accordingly.
11. Prepare a preliminary design report including pavement design, drainage design, building
materials, etc.
12. Prepare a preliminary project cost estimate.
13. Prepare a preliminary construction schedule.
14. Schedule and attend a pre-application meeting with the water management district to
review the project requirements prior to submitting their permit application.
Page 11 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
15. Schedule and attend a pre-application meeting with the Collier County Water and Sewer
Department to review the project requirements for obtaining potable water and sanitary
sewer service.
16. Conduct an in-house QA/QC prior to each submission. The in-house QA/QC check will
involve an experienced independent individual, depending on each discipline, to conduct
a comprehensive check on all documents to be submitted (e.g. plans, specifications,
estimates, reports).
17. Meet with County staff to review the 30% Construction Drawings and results of agency
meetings. Prepare meeting minutes of this meeting accordingly.
18. Incorporate County comments from the Schematic Design Submittal into the 30%
Construction Drawings.
Deliverables (30% Contract Documents)
County: 2 copies of plans (1 full size; 1 half size)
2 copies of the outline of the specifications
2 copies of the preliminary design report
2 copies of the design schedule
2 copies of the three-dimensional and BIM/Rivet models
2 copies of preliminary cost estimate
Electronic copies of the site and floor plan files in PDF and Autocad
Electronic submittal process through Procore
TASK 4— CONSTRUCTION DOCUMENTS (60% Drawings and Specs)
Based on the information received during the 30% Construction Documents phase the Project
Team will proceed with the development of 60% Construction Drawings and Specifications. The
Project Team will perform the following tasks as part of this phase:
1. Meet with County staff to review the decisions made during the Design Development
(30%) phase and discuss any relevant issues related to progressing the design.
2. Develop 60% Construction Drawings consisting of the following:
• Cover Sheet
• Index of Drawings
• General Notes and Quantity Sheet
• Demolition Plan and Details
• Site Plan and Details
• Typical Sections
• Utility Plan
• Utility Profiles
• Grading and Drainage Plan
• Drainage Profiles
• Drainage Details
Page 12 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
• Erosion Control Plan and Details
• Site Lighting Plan and Details
• Pavement Marking Plan
• Signage Plan
• Architectural Site Plan
• Architectural Roof Plan
• Architectural Building Floor Plans
• Architectural Reflected Ceiling Plans
• Architectural Building Elevations
• Architectural Building Sections
• Architectural Wall Sections
• Door, Window & Louver Schedules
• Misc. /Special Condition Details
• Structural Foundation and Roof Framing Plans
• Mechanical Plans including duct layouts, Special Details and schedules.
• Plumbing Plans and Special Details
• Electrical Power and Lighting Plans, Power Riser Diagrams and Special Details
• Fire Protection Plans
• Fire Alarm Plans
• Security Plans
• IT/ Communication Plans
• Industrial Systems Plans
• Landscape Plan
• Irrigation Plan
• Phasing Plan
3. Generate three-dimensional and BIM/Rivet models.
4. Provide finish & color selections coordinated with the stakeholders.
5. Development of the technical specifications utilizing MasterSpec.
6. Prepare for and attend two (2) meetings with County to discuss project progress and
review the design submittals. Prepare meeting minutes for these meetings accordingly.
7. Prepare a preliminary project cost estimate.
8. Prepare a preliminary construction schedule.
9. Conduct a project peer review to provide QA/QC of the contract documents and cost
estimate prior to submittal to the County. This review will be conducted by experienced
personnel not involved in the day-to-day design of the project to ensure a "fresh eyes"
review.
10. Prepare and submit an application to the Water Management District for the project.
Respond to one (1) Request for Additional Information (RAI) and provide updated plans
and calculations accordingly. Environmental Resource Solutions, Inc. will assist with the
application by providing support services for the pollutant loading calculations required by
the Water Management District.
Page 13 of 21
Schedule A-Scope of Services
CAO
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
11. Meet with County staff to review the 60% Construction Drawings and results of agency
meetings. Prepare meeting minutes of this meeting accordingly.
12. Incorporate County comments on the 30% Construction Drawings into the 60%
Construction Drawings.
Deliverables (60% Contract Documents)
County: 2 copies of plans (1 full size; 1 half size)
2 copies of the technical specifications
2 copies of the preliminary design report
2 copies of the design schedule
2 copies of the three-dimensional and BIM/Rivet models
2 copies of preliminary cost estimate
Electronic copies of the site and floor plan files in PDF and Autocad
Electronic submittal process through Procore
TASK 5—CONSTRUCTION DOCUMENTS (90% Drawings and Specs)
Based on the information received during the 60% Construction Documents phase the Project
Team will proceed with the development of 90% Construction Drawings and Specifications. The
Project Team will perform the following tasks as part of this phase:
1. Develop 90% Construction Drawings consisting of the following:
• Cover Sheet
• Index of Drawings
• General Notes and Quantity Sheet
• Construction Phasing Plan and Notes (including Maintenance of Traffic)
• Construction Phasing Details
• Demolition Plans and Details
• Site Plan
• Site Details
• Typical Pavement Sections
• Utility Plan
• Utility Profiles
• Utility Details
• Grading and Drainage Plan
• Drainage Profiles
• Grading and Drainage Details
• Erosion Control Plan and Details
• Site Lighting Plan and Details
• Electrical Site Plan and Details
• Pavement Marking Plan and Details
• Signage Plan and Details
• Architectural Site Plan
• Architectural Roof Plan
• Architectural Building Floor Plans
Page 14 of 21
Schedule A-Scope of Services
CAD
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
• Architectural Reflected Ceiling Plans
• Architectural Building Elevations
• Architectural Building Sections
• Architectural Wall Sections
• Door, Window & Louver Schedules
• Door, Window & Louver Elevations
• Misc. /Special Condition Details
• Architectural Details
• Structural Foundation and Roof Framing Plans
• Structural Details and Schedules
• Mechanical Plans including duct layouts, Special Details and schedules.
• Mechanical Details and Schedules
• Plumbing Plans and Special Details
• Plumbing Details, Schedules and Risers
• Electrical Power and Lighting Plans, Power Riser Diagrams and Special Details
• Electrical Panel Schedules and Details
• Fire Protection Plans
• Fire Protection Details and Schedules
• Fire Alarm Plans
• Fire Alarm Details and Schedules
• Security Plans
• Security Details and Schedules
• IT/ Communication Plans
• IT/ Communication Details
• Industrial Systems Plans
• Industrial system details and schedules
• Landscape Plan
• Landscape Details and Schedules
• Irrigation Plan
• Irrigation Details and Schedules
• Phasing Plan
2. Generate three-dimensional and BIM/Rivet models.
3. Provide finish & color selections coordinated with the stakeholders.
4. Develop 90% level technical specifications utilizing MasterSpec.
5. Prepare and submit to the County for the Building Permit.
6. Prepare and submit potable water and sewer permit applications to the Water and Sewer
Department for review. Respond to (1) round of comments from the Water and Sewer
Department and revised plans accordingly.
7. Prepare and submit Site Development Plan (SDP)to Collier County Development Review
Division.
8. Facilitate required public outreach and meeting.
Page 15 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
9. Address comments received from Collier County regarding the Building Permit application
and revised the Construction Drawings accordingly.
10. Prepare for and attend two (2) meetings with County to discuss project progress and
review the design submittals. Prepare meeting minutes for these meetings accordingly.
11. Update the design report to 90% level completion.
12. Update the project construction cost estimate.
13. Update design/procurement/construction schedule.
14. Conduct an in-house QA/QC prior to each submission. The in-house QA/QC check will
involve an experienced independent individual, depending on each discipline, to conduct
a comprehensive check on all documents to be submitted (e.g. plans, specifications,
estimates, reports). Time will be required for the Design Team to correct items listed under
the in-house QA/QC checks.
15. Meet with County staff to review the 90% Construction Drawings and Technical
Specifications. Prepare meeting minutes for this meeting accordingly.
16. Incorporate County comments on the 60% Construction Drawings into the 90%
Construction Drawings.
Deliverables (90% Contract Documents)
County: 2 copies of plans (1 full size; 1 half size)
2 copies of the technical specifications
2 copies of the preliminary design report
2 copies of the design schedule
2 copies of the three-dimensional and BIM/Rivet models
2 copies of preliminary cost estimate
Electronic copies of the site and floor plan files in PDF and Autocad
Electronic submittal process through Procore
TASK 6— CONSTRUCTION DOCUMENTS (100% Final Drawings & Specs)
Based on the information received during the 90% Construction Documents phase, the Project
Team will proceed with finalizing the Construction Drawings and Project Manual. The Project
Team will perform the following tasks as part of this phase:
1. Finalize the Construction Drawings consisting of the following:
• Cover Sheet
• Index of Drawings
• General Notes and Quantity Sheet
• Construction Phasing Plan and Notes (including Maintenance of Traffic)
• Construction Phasing Details
Page 16 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
• Demolition Plans and Details
• Site Plan
• Site Details
• Typical Pavement Sections
• Utility Plan
• Utility Profiles
• Utility Details
• Grading and Drainage Plan
• Drainage Profiles
• Grading and Drainage Details
• Erosion Control Plan and Details
• Site Lighting Plan and Details
• Electrical Site Plan and Details
• Pavement Marking Plan and Details
• Signage Plan and Details
• Architectural Site Plan
• Architectural Roof Plan
• Architectural Building Floor Plans
• Architectural Reflected Ceiling Plans
• Architectural Building Elevations
• Architectural Building Sections
• Architectural Wall Sections
• Door, Window & Louver Schedules
• Door, Window & Louver Elevations
• Misc. / Special Condition Details
• Architectural Details
• Structural Foundation and Roof Framing Plans
• Structural Details and Schedules
• Window & Door Pressures
• Mechanical Plans including duct layouts, Special Details and schedules.
• Mechanical Details and Schedules
• Plumbing Plans and Special Details
• Plumbing Details, Schedules and Risers
• Electrical Power and Lighting Plans, Power Riser Diagrams and Special
Details
• Electrical Panel Schedules and Details
• Fire Protection Plans
• Fire Protection Details and Schedules
• Fire Alarm Plans
• Fire Alarm Details and Schedules
• Security Plans
• Security Details and Schedules
• IT/Communication Plans
• IT/ Communication Details
• Industrial Systems Plans
• Industrial system details and schedules
• Landscape Plan
Page 17 of 21
Schedule A- Scope of Services
7. Provide final design documents including, but not limited to, architecture, civil engineering, structural engineering,
mechanical,electrical,and plumbing(MEP)engineering,low voltage/technology,and landscape architecture documents required for
permitting and construction.
8. Facilitate and attend all project meetings,prepare agendas,generate meeting minutes,and provide follow-up on tasks.
9. Utilize the County's project management platform throughout the project for all project communications, document
management,approvals,site observations,requests for information,etc.If the County does not have a platform available,
the awarded firm must utilize an industry-standard platform as necessary.
10. Provide the County with all necessary and appropriate documents for review throughout each review point of each phase
of the project.
11. The awarded firm shall appoint a person to act as primary contact for the duration of the project. This person (or their
backup) shall be readily available Monday through Friday during the normal working hours of 8:00AM to 5:00PM by
phone or in person and shall be knowledgeable of the overall project status and activities.
12. The design shall comply with all required current codes along with all current ADA guidelines and standards.
Architectural/Engineering Services
1. Preliminary Site and Building Design:
a. Generate schematic floor plans and site plans to illustrate the proposed design for each phase/portion of the project.
b. Generate three-dimensional and BIM/Rivet models.
c. Review the design options along with the preliminary cost estimates with Collier County Public Transit &
Neighborhood Enhancement Division and implement any changes and/or modifications to the preliminary design
documents.
Coordination with other organizations or divisions to incorporate any required elements into the design of the project.
d. Schedule and attend Site Development Plan(SDP)Pre-application meeting with Collier County Growth Management
Department(GMD)based on the selected site/building plan(SDP pre-application fee paid by Collier County).
e. Professional Transit experience staff shall be available at all design meetings to ensure that the operations and
maintenance design follows industry standards,transit functionality and that the facility is adequately designed for transit
use.
f. Electrification plan must provide transformer size, enough for future expansion,additional conduits must be shown for
future growth.
g. Provide Architects/engineers opinion of the construction cost for use in establishing the project budget at 30%,60%,
90%,and 100%of the design phase.
2. Final Design
a. Prepare and submit Site Development Plan(SDP)to Collier County Development Review Division.
b. Respond to all comments in a timely manner through final approval.
c. Facilitate required public outreach and meetings necessary to complete a project of this size and scope in this specific
location.
d. Provide 30/60/90 percent construction drawing submittals for review by Collier County. Document and track the
disposition of all County comments and feedback to ensure full and complete capture of stated needs.
e. Provide value engineering report if applicable and coordinate with Collier County to incorporate the desired items.
f. Provide construction documents including drawings and specifications to comply with the current Florida Building
Code,in sufficient detail for bidding,permitting,and construction.
g. Meet all appropriate codes and standards for the design of government buildings including all federal, state, and local
requirements.
h. Conduct a 60%completion stage project peer review to provide QA/QC of the contract documents and cost estimate prior
to submittal to the County.This review will be conducted by experienced personnel not involved in the day-to-day design
of the project to ensure a"fresh eyes"review.
i. Provide detailed designs relating to ADA accessibility to ensure all requirements are clear and detailed.
j. Provide finish&color selections coordinated with the stakeholders of each phase.
k. Provide all civil, architectural, structural, mechanical, plumbing, electrical, landscape, fire alarm, and fire protection
designs to ensure a complete design.Ensure full coordination of design documents between trades and design disciplines.
Designs must have all transit required turn radius and functions shown in the plans.
1. Provide plans for staging during construction.Must show this for each phase,as the facility must be maintained operational
during construction.Plans must show where will existing staff will be moved to for each phase,staging cost must be part
of the opinion of cost at all design milestones.
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
• Landscape Details and Schedules
• Irrigation Plan
• Irrigation Details and Schedules
• Phasing Plan
2. Generate three-dimensional and BIM/Rivet models.
3. Finalize the technical specifications utilizing MasterSpec.
4. Prepare for and attend one (1) meeting with County to discuss project progress. Prepare
meeting minutes for this meeting accordingly.
5. Finalize the design report.
6. Finalize the project construction cost estimate.
7. Finalize the construction schedule.
8. Conduct an in-house QA/QC prior to each submission. The in-house QA/QC check will
involve an experienced independent individual, depending on each discipline, to conduct
a comprehensive check on all documents to be submitted (e.g. plans, specifications,
estimates, reports).
Deliverables (Final Contract Documents for each construction package)
County: 2 copies of plans (1 full size; 1 half size)
2 copies of the technical specifications
2 copies of the preliminary design report
2 copies of the design schedule
2 copies of the three-dimensional and BIM/Rivet models
2 copies of preliminary cost estimate
Electronic copies of the site and floor plan files in PDF and Autocad
Electronic submittal process through Procore
TASK 7— POST DESIGN SERVICES
7.1 Advertising and Bidding
Each of the following items will be prepared and/or accomplished for the construction package:
1. Prepare PDF containing contract plans and specifications for bidding to be provided to
interested bidders.
2. Assist in preparing addenda, as required, to interpret, clarify, or expand Bidding Documents.
Three (3) addenda for the construction package is assumed.
3. Consult with and advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other organizations proposed by the Prime Contractor for those
portions of the work as to which such acceptability is required by the Bidding Documents.
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Schedule A- Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
4. Consult with the County concerning, and determine the acceptability of, substitute material
and equipment proposed by the Contractor when substitution prior to the award of contracts
is allowed by the Bidding Documents.
5. Attend a pre-bid/quote conference.
6. Attend the bid opening, review bids, qualifications.
7. Provide a recommendation letter of award with a "Reference Log" showing date, time, and
comments of all contacted references provided by the prospective contractor.
8. Prepare conformed contract drawings and specifications.
7.2 Construction Contract Administration
Each of the following items will be performed for the construction contract administration phase
assuming an eighteen (18) month duration:
1. Prepare for and attend Pre-Construction Conference with County and the Contractor.
2. Review submittals and shop drawings from the Contractor. The CONSULTANT will review
and respond within ten working days. It is understood that some submittals may need to be
expedited per the contractor's request. The CONSULTANT will make every effort to expedite
reviews as needed.
3. Respond to Requests for Information from the Contractor. The CONSULTANT will review and
respond within five working days. It is understood that some request for information request
may need to be expedited per the contractor's needs. The CONSULTANT will make every
effort to expedite these responses as needed.
4. Attend bi-weekly progress meetings.
5. Prepare and negotiate change orders as necessary.
6. Review Quality Assurance test results
7. Attend the final inspection and prepare the punch list. The CONSULTANT will include a cost
estimate for the items listed in the punch list and remaining to be performed by the contractor.
8. Review the closeout documentation.
9. Edit electronic files to produce record drawings from redline drawings provided by the
contractor and County.
10. Maintenance of all project documents for a minimum of ten years from the date of project
completion.
Page 19 of 21
Schedule A-Scope of Services
c p,0
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
7.3 Warranty Services
The CONSULTANT will provide warranty services for one (1)year after the final completion of the
project construction.
Work under this item is to include, but not be limited to, the following:
1. Post Construction walk thru: Generate a list of warranty issues and coordinate with the
contractor.
2. Review the post construction video and pictures provided by the contractor.
3. Keep a log of all warranty issues.
4. One (1) Year Warranty walk thru with the Contractor and County staff.
TASK 8—OPTIONAL SERVICES
The following optional services will be provided as requested by County staff. Hours and fees
associated with each optional service will be provided to the County for review and approval prior
to commencement with the selected optional services.
1. Monitoring of contractor removal of hazardous material will be included in the scope as an
optional design service to the base scope of work. Final scope and fee will be based on
the extent of the remediation required as indicated in the report.
2. Hazardous material removal completion testing will be included in the scope as an optional
design service to the base scope of work. Final scope and fee will be based on the extent
of the remediation required as indicated in the report.
3. Design of a fire pump if required will be included in the scope as an optional design service
to the base scope of work. Design of a water storage tank system for the facility will be
included in the scope as an optional design service to the base scope of work.
4. The design of off-site improvements to increase the capacity of the water system, if
required, will be included in the scope as an optional design service to the base scope of
work. Final scope and fee will be based on the extent of the work required to upgrade the
system.
5. The design of off-site improvements to increase the capacity of the sanitary system, if
required, will be included in the scope as an optional design service to the base scope of
work. Final scope and fee will be based on the extent of the work required to upgrade the
system.
6. The design of off-site improvements to increase the capacity of the existing electrical
distribution system, if required, will be included in the scope as an optional design service
to the base scope of work. Final scope and fee will be based on the extent of the work
required to upgrade the system.
7. A traffic study, TIS (Trans Impact Study) if required due to increase in size of the facility,
will be included in the scope as an optional design service to the base scope of work.
Page 20 of 21
Schedule A-Scope of Services
Request for Professional Services (RPS)#23-8108
"Design Services for Collier County Area Transit Operations and Maintenance Facility"
8. Design of traffic impact mitigation elements off-site, depending on the findings of the traffic
study, if required, will be included in the scope as an optional design service to the base
scope of work.
9. Pavement rehabilitation areas outside the operations and maintenance area will be
included in the scope as an optional design service to the base scope of work. The area
for the optional design service is for the entry of the property parallel to Radio Road up to
the access gates (fence line) that enters the operations and maintenance portion of the
site.
TASK 9— REIMBURSABLE EXPENSES
Reimbursable expenses to include printing and all travel expenses shall be at cost and be on a
time and material basis not to exceed the estimate amount.
Page 21 of 21
Schedule A-Scope of Services
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its
monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to
be required for the completion of the Basic Services and any authorized Additional Services, as of the last
day of the subject monthly billing cycle. Among other things, the report shall show all Service items and
the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments
to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with
the following Schedule; however, the payment of any particular line item noted below shall not be due until
services associated with any such line item have been completed or partially completed to the COUNTY's
reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event
shall such Time and Materials compensation exceed the amounts set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-Exceed
1 Data Collection and Program Verification $131,344 $
2 Schematic Design $155,180 $
3 Design Development- Construction Documents (30%) $250,062 $
4 Construction Documents (60%) $264,834 $
5 Construction Documents (90%) $229,190 $
6 Construction Documents (100%) $139,323 $
7 Post Design Services $ $333,655
8 Optional Services $ $185,000
9 Reimbursable Expenses $ $46,475
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Lump Sum Fee $ 1,169,933
Total Time and Materials Fee $
565,130
GRAND TOTAL FEE $1,735,063.00
Page 18 of 29
PSA_CCNA Single Project Agreement[2023_ver.1]
B.2.2. CI*Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid
to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries
and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project,
including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of
the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment,
CONSULTANT shall submit detailed time records, and any other documentation reasonably required by
the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed
and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written
approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly
billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed
task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as
of that particular monthly billing.
B.2.3. ■❑* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be
paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without
the COUNTY's prior written approval.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under
Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and
Additional Services during the subject billing month.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any,the COUNTY agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be
provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall
be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall
comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without the COUNTY's prior written approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and
complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions
of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket
expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and
agrees that in the event of a dispute concerning payments for Services performed under this Agreement,
CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by
the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to
CONSULTANT all amounts that the COUNTY does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices
shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by the COUNTY.
B.3.1.1 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 contract.
Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under
the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no
signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on
Page 19 of 29
PSA_CCNA Single Project Agreement[2023_ver.I]
CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not
be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for
reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting
documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the
Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following
items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the
COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with
§112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties
are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except
for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized
accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any
reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be
deemed to be a reimbursable expense.
[END OF SCHEDULE B]
Page 20 of 29
PSA_CCNA Single Project Agreement[2023_ver.1]
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal $220
Senior Project Manager $186
Project Manager $160
Clerical/Administrative $74
Senior Architect $177
Architect $146
Senior Designer $136
Designer $116
Systems Senior Architect $177
Systems Architect $146
Senior Engineer $186
Engineer $148
Senior Systems Engineer $186
CADD Technician $98
Senior Estimator $186
Scheduler $146
Estimator $148
Senior Sustainability Professional $177
Sustainability Professional $146
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be
all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual
agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly
rates are for purposes of providing estimate(s), as required by the grantor agency.
Page 21 of 29
PSA_CCNA Single Project Agreement[2023_ver.l]
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item For Completion of Task
Description from Date of Notice to
Proceed
1 Data Collection and Program Verification 56
2 Schematic Design 126
3 DD - Construction Documents (30%) 196
4 Construction Documents (60%) 252
5 Construction Documents (90%) 322
6 Construction Documents (100%) 364
7.1 Post Design: Advertising and Bidding 448
7.2 Post Design: Construction Administration 996
7.3 Post Design: Warranty Services 1361
8 Optional Design SubTasks 364
Page 22 of 29
PSA_CCNA Single Project Agreement[2023_ver.l
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below
listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the
nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified in
this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten
(10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that
CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance policies required shall be provided to the
COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision
that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty
(30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the
COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from
its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT
hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval
or agreement by the COUNTY that the insurance requirements have been satisfied or that the
insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this
Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in this
Section except to the extent such insurance requirements for the subconsultant are expressly waived
in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required herein,
the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails
to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the
right to offset these costs from any amount due CONSULTANT under this Agreement or any other
agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to
Page 23 of 29
PSA_CCNA Single Project Agreement[2023_ver.L]
purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the COUNTY to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion
of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish
to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three
(3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY
with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the
COUNTY may terminate the Agreement for cause.
Sections checked ( •I ) are required by this Agreement.
10. • WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation
and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this
Agreement for all employees engaged in the work under this Agreement in accordance with the laws
of the State of Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be so
endorsed.
11. Isee-sloell-be-mai a+ned
12. ❑
13. III COMMERCIAL GENERAL LIABILITY.
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property
Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad
Form Property Damage including Completed Operations and Products and Completed Operations
Coverage. Products and Completed Operations coverage shall be maintained for a period of not less
than five (5) years following the completion and acceptance by the COUNTY of the work under this
Agreement. Limits of Liability shall not be less than the following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,00
aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under
LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by
or rented to you. Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject
to the approval of the Risk Management Director or his/her designee.
Page 24 of 29
PSA_CCNA Single Project Agreement[2023_ver.l]
14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where
required. The 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. Contractor shall ensure that all subcontractors comply with the same
insurance requirements that the Contractor is required to meet.
15.
16. ❑
completion of the Services under this Agreement.
17. ❑■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits
of$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-The ownership.
minimum limits of$ Per Occurrence.
19.
Gees
207 ❑ UMBRELLA I IABII ITY.
1
n n
basis,
ct that, in the event of the exhaustion of any
insurance.
21. ITC PROFESSIONAL LIABILITY INSURANCE.
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal
liability for claims arising out of the performance of professional services under this Agreement.
CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance.
Such insurance shall have limits of not less than $2,000,00 each claim and aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not less
than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first performed
by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this
Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of
Page 25 of 29
PSA_CCNA Single Project Agreement[2023_ver.I]
Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage
or reduction in limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%)
reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly
submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy
if requested by the COUNTY.
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable
papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints,
and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and
the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal
occurs during the term of the project policy (and on any subsequent professional liability policies that
renew during the term of the project policy). CONSULTANT agrees that any such credit will fully
accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT,
agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific
professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured
retention and the risk of uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by the
COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is
replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT
to be insured will be notified and the COUNTY will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
[END OF SCHEDULE D]
Page 26 of 29
PSA_CCNA Single Project Agreement[2023_ver.l]
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Jacobs Engineering Group, Inc. (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement, concerning
" Design Services for Collier Area Transit Operations and Maintenance Facility
"project" is
accurate, complete and current as of the time of contracting.
BY. C-2,12a3r- Pet,
TITLE:
DATE: 'CC'_,Mk ( �J, i9U 3
Page 27 of 29
PSA_CCNA Single Project Agreement(2023_vcr.I I
CAO
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage of
Time
Bill Gramer Principal 1
Dan Kirby Principal (QA/QC) 1%
Kevin Regalado Senior Project Manager 3%
Leila Multidor-Evelyn Project Manager 5%
Mariia Puchkova Clerical/Administrative 1%
Maureen Kussler Senior Architect (QA/QC Manager) 1%
Kevin Kuehn Senior Architect 5%
Ivette Horta Architect 5%
Valentina Garibello Senior Designer 5%
Felicia Kirby Senior Designer 2%
Ligia Pereira Designer 5%
Stephen Silkworth Systems Senior Architect (Main. Facility SME) 2%
Dan King Systems Architect 2%
Brett Rowan Senior Engineer 3%
Abel Valiente Senior Engineer 3%
Christopher Harrell Senior Engineer 3%
Jeff McLaughlin Senior Engineer 3%
David Herrick Senior Engineer 3%
Donald Arsenault-Flachmeier Senior Engineer 5%
James Butner Senior Engineer 2%
Michael Connolly Senior Engineer 1%
Curt Basnett Engineer 1%
Weina Lyu Engineer 5%
Robert Walters Engineer 2%
Angela Shepard Engineer 1
Nick De Ciccio Engineer 2%
Kelvin Chang Engineer 4%
Kenneth Patrick Engineer 4%
Michael Owens Engineer 4%
Darren Dyer Engineer 1%
Steven Gilks Engineer 3%
Nathan Lunsford CADD Technician 1
Tim Harties Senior Estimator 1%
Sonal Dodia Scheduler 1%
Zindy Agredo Estimator 1
David Nguyen Senior Systems Engineer(Elec.Vehicle SME) 1%
Stephen Genks Senior Systems Engineer(Energy SME) 1%
Gerald Staack Senior Systems Engineer(Main. Facility SME) 3%
Susy Torriente Senior Sustainability Professional 1%
Gregory Kight Senior Sustainability Professional 1%
Dara Slack Sustainability Professional 2%
Page 28 of 29
PSA_CCNA Single Project Agreement[2023_ver.l]
SCHEDULE G
Other: Federal Contract Provisions and Assurances
(Description)
0 following this page (pages 1 through 44 )
❑ this schedule is not applicable
Page 29 of 29
PSA_CCNA Single Project Agreement[2023_ver.I]
CA(
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL TRANSIT ADMINISTRATION
CFDA 20.507(URBANIZED AREA FORMULA FUNDING)
CFDA 20.526(BUS AND BUS FACILITIES PROGRAM)
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 by the awarded Contractor shall follow 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.
Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate. (Note that the
simplified acquisition threshold determines the procurement procedures that must be employed
pursuant to 2 C.F.R. §§ 200.317-200.327.The simplified acquisition threshold does not exempt a
procurement from other eligibility or processes requirements that may apply. For example, Buy
America's eligibility and process requirements apply to any procurement in excess of$150,000.
49 U.S.C. § 5323(j)(13).
FCP-1
CAO
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
APPLICABLE FTA PROVISIONS
CONTRACT CLAUSE ASSURANCE
® 1. Access to Records and Reports
® 2. Americans with Disabilities Act
❑ 3. Bonding
El 4. Bus Testing Certification and Report
❑ 5. Buy America Certifications>$150K
❑ 6. Cargo Preference
® 7. Civil Rights Laws and Regulations(EEO,Title VI,&ADA)
® 8. Clean Air Act and Federal Water Pollution Control Act
® 9. Contract Work Hours and Safety Standards Act
❑ 10. Construction Site Safety
❑ 11. Copeland Anti-Kickback Act Section 1 and 2
❑ 12. Davis Bacon Act Wage Determination
® 13. Debarment and Suspension
® 14. Disadvantaged Business Enterprises Anticipated DBE/Bidders
® 15. Domestic Preferences for Procurements
® 16. Energy Conservation
® 17. Federal Changes and Notices
® 18. Federal Tax Liability and Recent Felony Convictions
® 19. Fly America
® 20. Incorporation of Federal Transit Administration(FTA)Terms
® 21. ITS National Standards
® 22. Lobbying(Anti-Byrd) Certification
® 23. No Government Obligation to Third Parties
❑ 24. Pre-Award and Post Delivery Audits of Rolling Stock Purchases Certifications
® 25. Patent Rights,Rights in Data and Copyrights
® 26. Privacy Act
® 27. Program Fraud and False or Fraudulent Statements and Related Acts
® 28. Prohibition on Certain Telecommunications,Video Surveillance Services or
® 29. Prompt Payment and Return of Retainage
❑ 30. Recycled Products
® 31. Safe Operation of Motor Vehicles
® 32. Seismic Safety
❑ 33. Special DOL EEO Clause for Construction Contracts
® 34. Special Notification Requirements for States(State Grants)
® 35. Special Provision for Promoting COVID-19 Safety
® 36. Termination
37. Transit Operations
❑ a. Charter Service c. Public Transit Employee Protective Arrangements
b. Drug and Alcohol Testing d. School Bus Operations
❑ 38. Veterans Preference
® 39. Violation and Breach of Contract
® 40. Notifications to FTA
® 41. DHS Seal,Logo,and Flags
® 42. Trafficking In Persons
FCP-2
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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 contractor's
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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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 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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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 Payment Bond
for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective
materials and faulty workmanship for a minimum period of one (1) year after Final Payment and
shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT
SUM, as adjusted (if at all).
4. BUS TESTING
The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49
U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the
requisite testing is performed for all new bus models or any bus model with a major change in
configuration or components, and that the bus model has achieved a passing score. Upon
completion of the testing, the contractor shall obtain a copy of the bus testing reports from the
operator of the testing facility and make that report(s) publicly available prior to final acceptance
of the first vehicle by the recipient.
5. BUY AMERICA REQUIREMENT (Applies to Subtracts)
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR §
200.322 Domestic preferences for procurements, which provide that Federal funds may not be
obligated unless all 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. Separate requirements for
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11.
Domestic preferences for procurements
The bidder or offeror must submit to the Agency the appropriate Buy America certification.
Bids or offers that are not accompanied by a completed Buy America certification will be
rejected as nonresponsive.
Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal financial assistance from a program for infrastructure are hereby
notified that none of the funds provided under this award may be used for a project for
infrastructure unless:
1. all iron and steel used in the project are produced in the United States--this means all
manufacturing processes,from the initial melting stage through the application of coatings,
occurred in the United States;
2. all manufactured products used in the project are produced in the United States—this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined,produced, or manufactured in
the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law
or regulation; and
3. all construction materia1s44 are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles,materials, and supplies that are consumed in,
incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought to the construction site and
removed at or before the completion of the infrastructure project. Nor does a Buy America
preference apply to equipment and furnishings, such as movable chairs, desks, and portable
computer equipment, that are used at or within the finished infrastructure project, but are not an
integral part of the structure or permanently affixed to the infrastructure project.
Waivers:
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements.The agency should notify the recipient for information on the process for requesting
a waiver from these requirements.
a. When the Federal agency has made a determination that one of the following exceptions
applies, the awarding official may waive the application of the domestic content
procurement preference in any case in which the agency determines that:
1. applying the domestic content procurement preference would be inconsistent with
the public interest;
2. the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of
a satisfactory quality; or
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
3. the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more
than 25 percent.
A request to waive the application of the domestic content procurement preference must be in
writing. The agency will provide instructions on the format, contents, and supporting materials
required for any waiver request. Waiver requests are subject to public comment periods of no less
than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver
described at [none are available at this time].
Definitions:
"Construction materials" includes an article, material, or supply—other than an item of primarily
iron or steel;a manufactured product;cement and cementitious materials;aggregates such as stone,
sand, or gravel; or aggregate binding agents or additives46—that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building
materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall.
"Domestic content procurement preference" means all iron and steel used in the project are
produced in the United States; the manufactured products used in the project are produced in the
United States; or the construction materials used in the project are produced in the United States.
"Infrastructure" includes,at a minimum,the structures, facilities, and equipment for, in the United
States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other
maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities;
airports; water systems, including drinking water and wastewater systems; electrical transmission
facilities and systems; utilities; broadband infrastructure; and buildings and real property.
Infrastructure includes facilities that generate, transport, and distribute energy.
"Project" means the construction,alteration,maintenance,or repair of infrastructure in the United
States.
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;
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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. 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.
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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 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.
8. 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.
9. CONTRACT WORK HOURS AND SAFETY STANDARDS 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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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
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.
10. CONSTRUCTION SITE SAFETY
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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 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.
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
The U.S.Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate
Decision as modified up through ten days prior to the opening of bids. This Wage Rate
Decision appears in its entirety at the end of this Exhibit if applicable.
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.
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(1)Minimum wages - (i)All laborers and mechanics employed or working upon the site of the
work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account(except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland
Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period(but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-
Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1)Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3)The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship
to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4),such a classification prevails in the area
in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate(including the amount designated for fringe benefits,where appropriate),the contracting
officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator,or an authorized representative,will issue a determination within 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs
(a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit 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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship
to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate(including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate(including the amount designated for fringe benefits,where appropriate),the contracting
officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs
(a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice,trainee, or helper,
employed or working on the site of the work(or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the 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
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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
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to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of the
Federal Transit Administration or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the contractor or subcontractor fails
to submit the required records or to make them available, the Federal agency may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment,advance,or guarantee of funds. Furthermore, failure
to submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less
than the predetermined rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the U.S. Department
of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or
with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his
or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted
to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the wage determination for the classification
of work actually performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is registered,the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of
progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator of the Wage and Hour Division of the U.S.
Department of Labor determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau
of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less
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than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees
shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii)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
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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;
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.
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Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred,
suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
If a current or prospective legal matter that may affect the Federal Government emerges, the
Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region
in which the Recipient is located.The Recipient must include a similar notification requirement in
its Third Party Agreements and must require each Third Party Participant to include an equivalent
provision in its subagreements at every tier, for any agreement that is a "covered transaction"
according to 2 C.F.R. §§ 180.220 and 1200.220.
14. 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.
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;
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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 2.03%. 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.
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.
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
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request by any authorized representative of the COUNTY or DOT. This reporting requirement
also extends to any certified DBE subcontractor.
DBE Program and Directory Information
The combined statewide directory, identifying all firms eligible to participate as a certified DBE,
may be located at the Florida Department of Transportation website.
https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx
Additional information on Collier Area Transit's DBE Program can be found at CAT's website
http://www.coll iergov.net/your-government/divisions-f-r/public-transit-neighborhood-
enhancement/our-services-/col lier-area-transit-cat/dbe
15. DOMESTIC PREFERENCE FOR PROCUREMENTS a) As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent practicable under
a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States(including but not limited to iron,aluminum,steel,cement,
and other manufactured products). The requirements of this section must be included in all
subawards including all contracts and purchase orders for work or products under this award. (b)
For purposes of this section: (1) "Produced in the United States" means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through the application
of coatings, occurred in the United States. (2) "Manufactured products" means items and
construction materials composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
16. 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(42 U.S.C.§ 6201).
17. 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.
18. FEDERAL TAX LIABILITY AND FELONY CONVICTIONS (Applies to all
contracts and subcontracts.)
(1) Transactions Prohibited. (i) Prior to any award, the County will obtain from the prospective
Contractor a certification that the Contractor—(A)Does not have any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and (B) Was not convicted of the felony
criminal violation under any Federal law within the preceding 24 months. (ii) If the Contractor
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cannot so certify, the County agrees to refer the matter to the FTA and not to enter into any
agreement with the Contractors without FTA's written approval. (2) The County agrees to require
all Contractors to flow this requirement down to participants at all lower tiers, without regard to
the value of any subagreement.
19. 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.
20. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS
(Applies to Subcontracts)
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by
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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.
21. ITS NATIONAL STANDARDS
Intelligent Transportation Systems (ITS) project shall conform to the National ITS Architecture
and standards. Conformance with the National ITS Architecture is interpreted to mean the use of
the Nation ITS Architecture to develop a regional ITS architecture support of integration and the
subsequent adherence of all ITS projects to that regional ITS architecture. Development of the
regional ITS architecture should be consistent with the transportation planning process for
Statewide and Metropolitan Transportation Planning (49 CFR Part 613 and 621).
22. LOBBYING
Contractors who apply or bid for an award of$100,000 or more shall file the certification required
by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who
has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal
contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to
tier up to the recipient.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or
indirectly, an employee or officer of the executive branch of the Federal Government to give
consideration or to act regarding a Federal award or a regulatory matter are unallowable. Improper
influence means any influence that induces or tends to induce a Federal employee or officer to
give consideration or to act regarding a Federal award or regulatory matter on any basis other than
the merits of the matter.
23. 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
24. PRE-AWARD AND POST DELIVERY AUDITS OF ROLLING STOCK
PURCHASES
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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.
25. PATENT RIGHTS,RIGHTS IN DATA AND COPYRIGHTS REQUIREMENTS
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 whatsoever, all data developed under the Contract
shall become subject data as defined herein and shall be delivered as the Federal Government may
direct.
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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.
26. 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.
27. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
(Applies to subcontracts at every tier)
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(i)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et e.g. 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(1) 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. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds
to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain;or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public saftey, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company(or any subsidiary or affiliate of such entities).
ii. Telecommunications or video surveillance services provided by such entities or using
such equipment.
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
iii. Telecommunications or video surveillance equipment or services procuced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to,the government of a covered foreign country.
b. In implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph(1), heads of executive agencies administering loan, grant, or subsidy programs
shall prioritize available funding and technical support to assist affected businesses,
institutions and organizations as is reasonably necessary for those affected entities to
transition from covered communications equipment and services, to procure replacement
equipment and services, and to ensure that communications service to users and customers
is sustained.
c. See Public Law 115-232,section 889 for additional in formation.
d. See also § 200.471.
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 (SOLID WASTES)
(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.
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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. 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.
33. 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)]
34. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES
Applies to States—
a. To the extent required under federal law, the State, as the Recipient, agrees to provide the
following information about federal assistance awarded for its State Program, Project, or related
activities: (1)The Identification of FTA as the federal agency providing the federal assistance for
a State Program or Project; (2) The Catalog of Federal Domestic Assistance Number of the
program from which the federal assistance for a State Program or Project is authorized; and (3)
The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents - The State agrees to provide the information required under this provision in the
following documents: (1) applications for federal assistance, (2) requests for proposals or
solicitations, (3) forms, (4)notifications, (5) press releases, and (6) other publications.
(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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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: 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.
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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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.
35. SPECIAL PROVISION FOR PROMOTING COVID-19 SAFETY
One of the objectives of The Centers for Disease Control and Prevention "Mask Order" is
"[maintaining a safe and operating transportation system.]" The COUNTY agrees that it will
comply, and will require all Contractors and Subcontractors to comply, with The Centers for
Disease Control and Prevention ("CDC")January 29, 2021 order as amended for Persons to Wear
Masks While on Conveyances and at Transportation Hubs.
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.
TERMINATION FOR CONVENIENCE (GENERAL PROVISION)
Should the Contractor be found to have failed to perform his services in a manner satisfactory to
the County as per this Agreement,the County may terminate said Agreement for cause; further the
County may terminate this Agreement for convenience with a thirty (30) day written notice. The
County shall be sole judge of 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.
1. TERMINATION FOR DEFAULT
1.1 Contractor shall be considered in material default of the Agreement and such default shall
be considered cause for Owner to terminate the Agreement, in whole or in part,as further set forth
in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within
the time specified herein; or (2) fails to properly and timely perform the Work as directed by the
Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work
unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be
rejected as unacceptable or unsuitable;or(4)discontinues the prosecution of the Work;or(5)fails
to resume Work which has been suspended within a reasonable time after being notified to do so;
or(6)becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows
any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an
assignment for the benefit of creditors; or(9) fails to obey any applicable codes, laws, ordinances,
rules or regulations with respect to the Work; or (10) materially breaches any other provision of
the Contract Documents.
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
1.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines
that Contractor has not remedied and cured the default(s)within seven(7)calendar days following
receipt by Contractor of said written notice or such longer period of time as may be consented to
by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or
waiving its rights and remedies against the Contractor's sureties and without prejudice to any other
right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to
proceed under the Agreement, in whole or in part, and take possession of all or any portion of the
Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any
of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's
Work by whatever means, method or agency which Owner, in its sole discretion, may choose.
1.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed. All
moneys expended and all of the costs, losses, damages and extra expenses, including all
management, administrative and other overhead and other direct and indirect expenses (including
Design Professional and attorneys' fees) or damages incurred by Owner incident to such
completion, shall be deducted from the Contract Amount, and if such expenditures exceed the
unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand
the full amount of such excess, including costs of collection, attorneys' fees (including appeals)
and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the
Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to
complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the
Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon
application, and this obligation for payment shall survive termination of the Agreement.
1.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or
required, in completing the Work and providing labor, materials, equipment, supplies, and other
items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims,
demands, suits, and judgments pertaining to or arising out of the Work hereunder.
1.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein,then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be
the same as and limited to those afforded Contractor under Section 19 below.
1.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after giving
Owner a second fourteen (14) days written notice of Contractor's intention to stop performance
under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120)
consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written
notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its
default within fourteen(14)days after receipt of Contractor's written notice,Contractor may,upon
fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover
from the Owner payment for Work performed through the termination date, but in no event shall
Contractor be entitled to payment for Work not performed or any other damages from Owner.
2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION
2.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work
not performed.
2.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two(2)calendar days'prior written notice of such suspension. If all or any
portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in the Contract
Documents. In no event shall the Contractor be entitled to any additional compensation or
damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor
shall have the right to terminate the Agreement with respect to that portion of the Work which is
subject to the ordered suspension.
37. TRANSIT OPERATIONS
a. 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;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.
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The contractor should also include the substance of this clause in each subcontract that may involve
operating public transit services.
b. DRUG AND ALCOHOL TESTING
The contractor agrees to establish and implement a drug and alcohol testing program that complies
with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part
655, and permit any authorized representative of the United States Department of Transportation
or its operating administrations, the Florida Department of Transportation, or the COUNTY, to
inspect the facilities and records associated with the implementation of the drug and alcohol testing
program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees
further to certify and submit annually its compliance with Parts 655, Florida Statute 341.061, and
Rule 14-90 Florida Administrative Code before January 20th to the Public Transit&Neighborhood
Enhancement Division Director. To certify compliance the contractor shall use the "Substance
Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit
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.
c. PUBLIC TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS
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.
d. 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.
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EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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.
38. VETERANS PREFERENCE
The Contractor will give a hiring preference,to the extent practicable,to veterans (as defined in 5
U.S.0 Section 2108) who have the requisite skills and abilities to perform the construction work
required under this contract. This provision shall not be understood, construed, or enforced in any
manner that would require an employer to give preference to any veteran over any equally qualified
applicant who is a member of any racial or ethnic minority, female, an individual with disability,
or former employee.
39. VIOLATION AND BREACH OF CONTRACT (Applies to subcontracts at every
tier$250,000 or more)
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
40. NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges, the
County must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region
in which the County is located. The Recipient must include a similar notification requirement in
its Third Party Agreements and must require each Third Party Participant to include an equivalent
provision in its sub agreements at every tier, for any agreement that is a "covered transaction"
according to 2 C.F.R. §§ 180.220 and 1200.220.
FCP-34
C L\O
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(1) The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a
legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal
Government's interests in the Award, the accompanying Underlying Agreement, and any
Amendments thereto, or the Federal Government's administration or enforcement of federal laws,
regulations, and requirements.
(3)The County must promptly notify the U.S.DOT Inspector General in addition to the FTA Chief
Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has
knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from
FTA. The notification provision applies if a person has or may have submitted a false claim under
the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil
violation of law pertaining to such matters as fraud,conflict of interest,bribery,gratuity,or similar
misconduct.This responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal, officer,
employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at
any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a
criminal or civil investigation by a Federal, state, or local law enforcement or other investigative
agency, a criminal indictment or civil complaint, or probable cause that could support a criminal
indictment, or any other credible information in the possession of the Recipient.
41. DHS SEAL,LOGO,AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses
of DHS agency officials without specific FTA pre-approval.
42. TRAFFICKING IN PERSONS
The contractor agrees that it and its employees that participate in the Recipient's Award, may
not: (a) Engage in severe forms of trafficking in persons during the period of time that the
Recipient's Award is in effect; (b) Procure a commercial sex act during the period of time that
the Recipient's Award is in effect; or (c) Use forced labor in the performance of the Recipient's
Award or subagreements thereunder.
FCP-35
CAO
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
DOL WAGE RATE DECISION(IF APPLICABLE)
See following pages for this document.
FCP-36
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
RETURN DOCUMENTS BY SOLICIATION DEADLINE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions
2. Assurance Regarding Felony Conviction and Tax Delinquent Status
3. Certification regarding Lobbying
4. Conflict of Interest
5. Anticipated DBE,M/WBE or VETERAN Participation Statement
6. Opportunity List for Commodities and Contractual Services and Professional Consultant Services
7. Acknowledgement of Grant Terms and Conditions
FCP-37
CAO
EXHIBIT I FEDERAL CONTRACT PROVISIONS 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 (l)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions(Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
DESIGN SERVICES FOR COLLIER AREA TRANSIT OPERATIONS
Ellen B. Patterson AND MAINTENANCE FACILITY
Name Project Name
Geographic Operations Manager RPS NO.: 23-8108
Title Project Number
Jacobs Engineering Group Inc. MKCAUUG2K7H6
Firm
SAM.gov Unique Entity ID (UEI) Number
3T810
CAGE Number
5811 Pelican Bay Blvd., Suite 305. Naples, FL 34108
Street Address. City, State,Zip
i
44,-,,,-)
Signature
FCP-38
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
Explanation for 1 (d)
"In August 2020,the Procurement Office of the Arizona Department of Transportation
('ADOT') notified Jacobs Engineering Group Inc. ('Jacobs')of its intent to terminate an On-Call
Acquisition and Relocation Services contract(CTR049970 and CTR049971)for default due to a
disputed real estate brokerage licensing requirement.Jacobs has been in the process with ADOT
of correcting this administrative default and to secure rescission of the notice. No task orders had
been requested or issued under the subject On-Call.
Jacobs has delivered world-class engineering services with ADOT for over 30 years.Jacobs
continues to win new contracts and deliver many projects with ADOT.This termination is not
expected to have a material adverse effect on Jacobs Engineering Group Inc.,or upon the
business,financial condition, results of operations,or cash flows for the company."
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Assurance Regarding Felony Conviction and Tax Delinquent Status
Prior to entering into an Agreement with any private corporation, partnership, trust,joint-stock
company, sole proprietorship, or other business association, the County will obtain from the
prospective Contractor the following certifications.
The Contractor certifies that it
a) Does not have any unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible
for collecting the tax liability; and
b) Was not convicted of the felony criminal violation under any Federal law within the
preceding 24 months.
c) if awarded a contract resulting from this solicitation, it will incorporate this provision for
certification in all lower tier subcontracts.
If the prospective Contractor cannot so certify,the County agrees to refer the matter to FTA
and not to enter into any Agreement with the Contractor without FTA's written approval
Definitions
I elon\ conviction: Felony conviction means a conviction w ithin the preceding twenty-tour(24)months of a felony
criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S.code
that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18
U.S.C. § 3559.
Fax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed. for which all judicial
and administrative remedies have been exhausted. or have lapsed.and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability.
Ellen B. Patterson Geographic Operations Manager
Name Title
Jacobs Engineering Group inc.
Firm Name
I
Signature
FCP-39
CAO
EXHIBIT I FEDERAL CONTRACT PROVISIONS 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 3I, 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$1 0,000 and not more than $100,000 for each such failure.
The Contractor, Jacobs Engineering Group Inc.,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 1 Q.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.
:' , n lg
(lam °` Signature of Contractor's Authorized Official
Ellen B. Patterson, Geographic Name of Authorized Official and Title
Operations Manager
4/12/2023 Date
FCP-40
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
RPS NO.: 23-8108
Collier County Solicitation No.
Ellen B.Patterson , 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.
Ellen B. Patterson L. �•�
Name Signature
Geographic Operations Manager-Jacobs Engineering Group Inc 4/1212023
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:(I)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.
FCP-41
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverrfabis statuses will require the PP ME to either pro a revised statement or provide source documentation that validates a
status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FE'D NUMBER CONTRACT DOLLAR AMOUNT
Jacobs Engineering Group Inc 95-4081636 TBD
:.S THE PRIME A FLORIDA-CERT FtED DISADVANTAGED, VETERAN v N S THE AC—IVITt'OF THIS CONTRACT...
MINORITY OR WOMEN BUSINESS ENTERPRISE?
DBE? Ir N CONS7PUCTI0N? Y N
EIBEiNIBENiBEI OR HAVE A SMALL DISADVANTAGED
LIB E? "I' N CON SULTAT ON 0 N
SUS NESS SA CERTIFICATION FROM THE SMALL BUSINESS
ADMIN,STRATION% A SERVICE DISABLED VETERAN' WEE? Y N OTHER? Y N
SDB 54? Y N
IS EWE SUBMISS ON A REVISION? ,r N F YES,REV SION 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
DBE WWBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
VETERAN NAME SPECIALTY iSee Below) DOLLAR AMOUNT DOLLARS
TBD
TOTALS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE Of SUBMIETER
Ellen B. Patterson 4/11/2023 Geographic Operations Manager
EMAIL ADDRESS Of PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
Ellen.Patterson@jacobs.com (561) 914.0192 N/A
NOTE:This information is used to track and report anticipated DBE or MBE participation in federalcy-funded contracts. The anticipated DBE or
hABE amount is voluntar;and q..111 not become part of the contractual terms. This form must be sulometted at time of response to a
so icitation fend when awarded a County contract,the prime All;be asked to update the information for the grant compliance files.
ETHNICITY coot .
Black American BA
Hispanic American HA
Native American NA
Subcont Asian American SAA
Asian-Pacific American APA
Non-Minority Women NM'y
Other:not of any other group hated 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLL ER CONTRACT RI,FB RFR or PO Fli-0, GRANT PP°GR./HO/CONTRACT
1 ACCEPTED BY: DATE
FCP-42
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
VA,No r .Auti.1"4-4 FsCPW
pID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES
AND PROFESSIONAL CONSULTANT SERVICES
a is the policy of Coiner County allot disadvantaged businesses and rrehoritv vendors,as defined in the Code of Federal Regulations(CFR)Or
Fiariao Statutes(rSj,must have the opportunity to participate a'contracts with federal''arid/or stale grant=stance.
Mine Contractor/Prime Consultant Jacobs Engineering Group Inc.
Address and Phone Number 5811 Pelican Bay Blvd., Suite 305. Naples, FL 34108
Procurement NumberiAtbertisernent Number: RPS NO.: 23-8108
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
ind ode 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 and,should provide any information they have for Numbers 3,6,7,and S. This form must
be submitted with the bid package.
1. Federal Tax ID Number' 95-4081636 6.Ei DBE P. Annual Gross Receipts
2. Firm Name Jacobs Engineering Group Inc. Non-DBE _-Less than$1 million
3. Phone Number: 239-860-4922 Between$1-5 million
4. Address 5811 Pelican Bay Blvd., -Between$3-10 million
Suite 305 - Subcontractor Between$10-15 million
Naples,FL 34108 subcomuttarit x More than$13 million
5. Year Firm Established: 1947
1. Federal Tax ID Number 58-2984496 6 IN DBE 54rmaalGross Receipts
2. Firm Name: Ardaman&Associates,Inc. I:I Non-DBE Less than$1 million
3. Phone Number: 407-855-3860 Between El 1-5 million
4. Address 8008 S.Orange Avenue Between S 3-10 nlillion
.44-4
Orlando,FL 32809 Subcontractor _Between$10-15 million
x Subconsultant x More than$15 million
5. Year Firm Established 1959
1. Federal Tax Ito-Number. F59-1173834 DBE 3. Annual Gross Receipts
2. Firm Name. Johnson Engineering,Inc. X Non-DBE Less than$1 million
3. Phone Number 239-334-0046 Between S 1-5 million
4. Address 2122 Johnson Street Between$3-10 million
Fort Myers,FL 33901 7. 11 Subcontractor Between$10-15 million
Suboarisultant x More than$13 million
5. year Firm Established: 1 946
1. Federal Tax it)Number 6 DBE S. Annual Gross Receipts
2. Firm Name Non-DBE Less than$1 million
3. Phone Number Between$1-3 million
4. Address -Between$5-10 million
Subcontractor Between$10-15 million
Subconsultant More than S 13 million
5. year Firm Established:
FCP-43
C 0
EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES
L_____
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 Jacobs Engineering Group Inc Date 4/12/2023
Authorized Signature I�1 , . ''
Address 5811 Pelican Bay Blvd., Suite 305. Naples, FL 34108
Solicitation/Contract 4 RPS NO.:23-8108
FC P-44
A 0