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#10-5455 Assumption Agreement (Keolis)
ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of Jcen dC _ r 9q, 2012, by and between Keolis Transit America, Inc. d/b /a Tectrans, Inc. ( "Keolis "), and Co Collier County, a political subdivision of the State of Florida ( "County "). WHEREAS, on September 14, 2010 the Collier County Board of County Commissioners entered into Contract #10 -5455 "Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program" with Tectrans, Inc. ( "Tectrans ") (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement "); and WHEREAS, Keolis hereby represents to Collier County that by virtue of a stock purchase agreement, Keolis is the successor in interest to Tectrans in relation to the Agreement; and WHEREAS, the parties wish to formalize Keolis' assumption of rights and obligations under the Agreement, effective as of the date first above written NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Keolis accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Keolis will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: Keolis Transit America, Inc. d/b /a Tectrans, Inc. 6053 W. Century Blvd 9 "' Floor Los Angeles, California 90045 Attention: Michael Griffus, President 5. The County hereby consents to Keolis assumption of the Agreements. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Keolis as the Contractor for all purposes under the Agreement. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. FOR COLLIER COUNTY: i �F BR?OCK, Clerk 0. CL piny Clerk tO FOR Keolis Transit America, Inc. c /b/a.- Tectrans,g Inc.: Michael Griffus, PrgsiAent v Date: Approv - 4 By: Jeff BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle , Chairman Ili and legal sufficiency: Attestz, Corporate Secretary Date: 2 Item # 1 "' ` 5 Agenda Date. Gate 30 Z Redd A V CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDMW) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. PO Box 3870 315 West 3rd Street Little Rock, AR 72203 www.aon.com CONTACT NAME: PHONE 00 541-8605 A/C N ai: (847)953-180 IL Ea INSURERS AFFORDING COVERAGE NAIC / INSURER A: National Interstate Insurance Co. GENERAL LIABILITY CLAIMS -MADE a OCCUR P::M�MERCIAL GENERAL LIABILITY INSURED Tectrans, Inc. 6053 W Century Blvd Los Angeles CA 90045 INSURER B: Sggftsdale Insurance Company 4129 7 INSURER C: Companion Propgrty & Casualty 1 INSURER D: $ 1,000,000 INSURER E: S 100,000 INSURER F: S 5,000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL R POLICY NUMBER MM POLICY DD EFF POLICY DI EXP Leli1T8 B GENERAL LIABILITY CLAIMS -MADE a OCCUR P::M�MERCIAL GENERAL LIABILITY BCS0025039 6/1/2011 - 6/1/2012 EACH OCCURRENCE $ 1,000,000 PRE RENTED PREMISES Ea occurrence S 100,000 MED EXP (An one person) S 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 - $ POLICY 7 PRO- LOC A AUTOMOBILE LIABILITY 6195000-00 6/1/2011 611/2012 EOeMa1 1N E D ,SINGLE LIMIT $ 1,000.00 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS FeOaodde DAMAGE $ S $ B UMBRELLA LIAB OCCUR XLS0074851 6/1/2011 6/1/2012 EACH OCCURRENCE $ 9,000,000 AGGREGATE 3 _9000.000 EXCESS LIAS CLAIMS -MADE Excess General Liability DED RETENTION$ $ S $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE CPMU12949 611/2011 6/1/2012 TWORY LIMITCSTATU- OtJt S E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE S 1 000000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A E.L. DISEASE - POLICY LIMIT S 1-000.000 If yae, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate holder is included as additional insured with respects to Auto and General Liability policies. Waiver of subrogation is granted with respects to Workers Compensation policy. The named insured is self - insured with respects to physical damage coverage. CERTIFICATE R CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County, Florida 3301 Tamiarl'ti Trail East THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE Aor1.Ri2�+Serv%ceYSoutiuve3t, Ilncc Aon Risk Services Southwest, Inc. Aon Risk Services a 19tia -2010 ACORD CORPORA f fvly. AN ngnis reserves. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CENT NO.: 10305960 Holly Williams 6/1/2011 7:57:43 AM Page 1 of ] d V6 � EXHIBIT A — CONTRACT # 10 -5455 MANAGEMENT CONTRACT FOR THE COLLIER AREA TRANSIT (CAT) FIXED ROUTE AND PARATRANSIT PROGRAM AGREEMENT N THIS AGREEMENT ( "Agreement ") is made and entered into this % y day of •r 2010, by and between Tectrans, Inc., whose address is 6053 W. Century Boulevard, 9" floor, Los Angeles, California 90045 (hereinafter referred to as the "Contractor "), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as the "County "). WITNESSETH: 1. TERMS AND RENEWAL. This Agreement shall commence October 1, 2010, and will be in effect for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and ATM Director and/or designee's approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing. structures. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than sixty (60) days prior to the end of the term. In lieu of renewal, the County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of county's intention to extend the Agreement term not less than thirty (30) days prior to the end of the term. 2. DUTIES. Except as set forth below, the parties' respective duties are described in Exhibits 1, 2 and Exhibit 3 which includes all expectations of the Contractor including detailing the Federal Transportation Administration Grant Requirements. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement: 3.1. The estimated costs for the contract are based upon the total of 68,050 route revenue hours for FY 2010 approved by the County multiplied by the fixed revenue hour rate of $50.03. The estimated cost for paratransit services is based on an average cost per trip of $23.85 for FY 2010. It is expected that the revenue rate hours and the average trip cost may change over the course of the Agreement, and that the Contractor's compensation will be based upon the cost of additional revenue hours approved by the County. If modifications result in more than ten percent (10 %) change in annual revenue vehicle hours, either the County or the Contractor may request a re- negotiation of the pre -hour rate of compensation. Payment shall be made to the Contractor promptly upon receipt of a proper invoice and in compliance with Section 218.70 F.S., otherwise known as the "Local Government Prompt Payment Act." 3.2. Compensation for the initial three (3) year term of the contract will be consistent with the revenue hour rate and cost per trip rate specified in Attachment F of Exhibit I and Attachment G of Exhibit II of this agreement. Compensations for the fourth and fifth year of this Agreement may reflect the rates specified in the aforementioned attachment agreed to by both parties. 4. TERMINATION. The Contractor shall report to and be responsive to the Collier County Alternative Transportation Modes (ATM) Director and/or designee. The ATM Director and /or designee will be responsible for evaluating the Contractor's performance. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately 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. 4.1 A written request by the County to. the Contractor to increase or decrease the level of fixed route service shall not be construed as a partial termination of this Agreement. 5. ASSIGNMENT AND SUBCONTRACTING. No portion of the requested services may be assigned or subcontracted without the prior written permission of the County. The County may grant or withhold its consent in its sole and absolute discretion. As to any assigned subcontractor(s) approved by the County and providing services on behalf of the Contractor, the Contractor shall include in its contract with such subcontractor(s) all clauses mandated by the Federal Government. Any Federal funds used to pay for goods or services on a contract greater than one hundred thousand dollars ($100,000.00) requires the addition of such third party clauses. Reference on this matter is .made to the Federal Transit Administration Best Practices Procurement Manual, Appendix A.1, as amended. As the expert consultant, the Contractor shall be presumed to have specialized knowledge as to which clauses are required in its subcontracts and to take all required action incident to Federal Transit Administration reporting requirements effective October 1, 2010. 6. OPERATING REVENUES. All operating revenues collected by the Contractor are the property of the County, including but not limited to: fare box receipts, ticket and pass sales revenue, and advertising revenues. Revenues shall be deposited in the appropriate County account weekdays by 5:00 p.m. in accordance with the procedures mutually agreed to by the County and the Contractor. In'instances where the courier employed to pick up and deliver deposits arrives after 5:00 p.m., deposits shall be made as soon thereafter as possible. 7. MEETINGS. Upon request of the County, the Contractor shall, at its own expense, attend citizens' meetings to provide information concerning the transit system. At a minimum, the General Manager, representing the Contractor, and the County ATM Director and/or designee, representing the County, shall meet bi- weekly to discuss fixed route and paratransit services. The ATM Director and/or designee will develop the bi- weekly meeting agenda and may periodically request specific information regarding administration, management, and current or planned services and budgets. In addition to the bi- weekly meetings, a monthly meeting will be scheduled with the General Manager, the Superintendent of Fixed Route Operations, the Superintendent of ParaTransit Operations, the Service Information /Performance Reporting Manager, the ATM Director, and other County staff. The monthly meeting schedule and agenda shall be determined based upon upcoming deadlines and reporting activities. The General Manager shall be responsible for developing the agenda with input from the ATM Director and/or designee. 8. ADVERTISING. The Contractor shall work cooperatively with the ATM Director and/or designee to identify a cohesive and strategic marketing and advertising campaign to increase ridership and/or advertising revenues. Specifically, the General Manager will recommend alternatives for new interior and/or exterior advertising on revenue vehicles, as appropriate. Any revenue received from advertising on buses shall be paid to the County. The Contractor will conduct monthly meetings with key employers and other transit partners to identify employer transit pass programs, fixed route service needs, and desirable transit amenities. The County 2 will attend the monthly meetings for briefings and oversight. The Contractor will work with the County on developing a plan for the sale of pre -paid fare media at other locations within the community. Additionally, the Contractor will be responsible for identifying shelter advertising strategies consistent with local community regulations regarding signage and advertising. The Contractor shall be responsible for the installation of advertising and collection of revenue from the advertiser. This revenue must be documented and deposited in the County bank account within two (2) working days. There shall be no interior or exterior advertising on or in buses, transit shelters, benches, or other transit amenities without prior written authorization by the County of the form of advertising. 9. THE COUNTY AND CONTRACTOR - SUPPLIED PROPERTY. Title to capital items provided by the County shall remain with the County and records of all purchases will be documented through the County's Asset Management System. The Contractor shall be required to notify the County's Alternative Transportation Modes Department of any needs to purchase equipment, items or services. Furthermore, the Contractor shall maintain adequate property control records of all County - furnished property in accordance with sound industry practice. Contractor shall also strictly adhere to the Federal property management requirements mandated by Title 49 CFR § 18.32. 10. LIQUIDATED DAMAGES For performance not delivered in accordance with this contract, the County may incur additional expense, loss of confidence by system users, and negative. or adverse bad publicity for the program and other damages to the County and the program. System performance outside of performance norms causes passengers to file complaints and make multiple calls to ensure that trips are properly booked and delivered. The actual damages caused by such a breach are uncertain or difficult to accurately estimate or prove. For this reason, Liquidated Damages, not otherwise specifically addressed and identified herein, may be assessed against the Contractor for the below specified violations: 3 Performance Measures and Liquidated Damages Performance Measure Liquidated Damage Amount Contractor report any vehicle damage to the $500 for any occurrence of damage that County within 24 hrs. is not timely reported to County Contractor shall verbally report any vehicle $1,000 for any injury that is not accident or passenger/ employee injuries reported to County. within 2 hrs of occurrence. Contractor shall develop marketing materials None to enhance fixed route ridership and identify an approved methodology for tracking ridership Contr actor shall remove all farebox receipts $250 for any occurrence of farebox from revenue vehicles daily, count receipts, receipts not being deposited per this and make deposits daily. Agreement. County requires full staffing by Contractor, $100 for any shift that is filled by personnel other than driving staff (e.g. dispatcher, trainer, project mgr.), with the exception of when licensed supervisors, dispatchers, and admin. staff are driving to maintain skill levels or where they are assigned as back -ups during emergencies or other special circumstances, subject to County approval. Contractor shall faithfully adhere to all $1,000.00 per incident discovered standard MRV, background screening where Contractor failed to adhere to all reviews, and driver licensing and registration review requirements. requirements County requires full -time onsite management Monthly Manager's salary for each of transit operation. month position is vacant more than 60 days. County vehicles are to be used for revenue $500 for any occurrence of Contractor service only. using County vehicles for other than approved purpose. County places great value on reliable fixed $500 per quarter in which 90% or route service. fewer of scheduled departures at the stop level are on -time (0 -5 minutes late). The Contractor shall encourage its drivers and $100.00 per incident after a driver's subcontractors to exercise means to prevent second such avoidable instance of like instances of avoidable repeat damage/harm to county owned vehicles. For example, repeat damage. instances of damage to vehicle mirrors by striking structures when turning onto .the same street or stop. The Contractor and County agree that the above - referenced liquidated damages represent the appropriate level of damages in the event of a breach of the performance measures set forth in the Agreement. Prior to assessment of liquidated damages, the County will inform the Contractor of the assessment and receive any explanation from the Contractor. The Contractor shall be required to provide a written and/or verbal explanation to the County. Upon receiving the explanation, the County shall determine whether or not to assess liquidated damages. Liquidated damages shall be deducted from subsequent payment(s) due to the Contractor. Liquidated damages are neither a penalty nor forfeiture; they shall compensate the County solely for the disruption of service caused by the breech of system standards. 11. INSURANCE. The Contractor shall provide insurance as follows: The Contractor shall obtain and maintain insurance with an insurance company rated not less than "A" by A.M. Best, authorized to do business in the State of Florida. Insurance coverage includes, but is not limited to: automobile liability, commercial general liability, fidelity bond, and Worker's Compensation and Employer Liability. The County shall be exempt from, and in no way'liable for any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. Certificates of such insurance will be furnished to the County and shall contain the provision that the County be given thirty (30) days written notice of any intent to amend or terminate by either the insured or the insuring company. The Contractor is advised that if any part of the work under this agreement is sublet, the subcontractor shall be required to meet all insurance requirements as listed above. However, this will in no way relieve the Service Provider from meeting all insurance requirements or otherwise being responsible for the subcontractor. 11.1 Minimum Limits of Insurance The Contractor shall maintain limits no less than: a. Commercial General Liability (Occurrence Form) patterned after the current L.S.O. form with no limiting endorsements, excluding Garage Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Bodily Injury and Property Damage The limits of general liability to be $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to $5,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Sections 768.28 the State of Florida single limit per occurrence. b. Vehicle /Automobile Liability (Owned/non- owned/hired): $2,000,000 combined single limit per accident for bodily injury, personal injury and property damage including passenger liability. 5 c. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Statutory Limits of Florida Statutes Chapter 440 and all Federal Government Statutory Limits and Requirements. d. All Risk Fire and Extended Coverage for full replacement cost on all equipment, tools, supplies, and contents used by the Contractor in the performance of services under the Contract. The County provides Risk Fire and Extended coverage for the County owned real property and accompanying County owned contents like furniture, etc. Any specialized equipment, tools and the like provided and used on site by Tectrans, Inc. is not covered under the County's program. e. Vehicle /Automobile Physical Damage coverage, including Collision coverage and Comprehensive coverage, each equal to the depreciated value of all vehicles, including the buses, and non - revenue vehicles operated by Contractor. The Contractor shall be responsible for all damages falling below the deductible. No blanket or per location limit should apply to this coverage under $2,000,000. The County will be included as a Loss Payee in this coverage. f. Fidelity Bonds in the amount not less than $50,000.00 insuring against theft, fraud or misappropriation of funds or other misuse of money in such amounts as the County shall request. The County shall be named as an Additional Insured as their interest may appear. A letter of credit may be requested in lieu of or in addition to a Fidelity Bond to secure the Bond deductible depending upon its size. g. Commercial General Liability (Occurrence Form) patterned after the current ISO form: $5,000,000 single limit per occurrence h. Employer's Liability: $1,000,000 each occurrence and aggregate. i. Performance & Payment Bond: The initial annual Performance and Payment Bond shall be in the amount not less than $6,000,000.00. The amount may be adjusted annual based on prior year revenues. For projects in excess of $200,000, bonds shall be submitted with the executed contract and written for 100% of the annual contract award amount, the cost borne by the Contractor. The County reserves the right to adjust the contract based upon the annual revenue hours and trip cost. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County; provided, however, the surety shall be rated as "A -" or better as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company; Inc. of 75 Fulton Street, New York, New York 10035 11.2 Deductibles and Self - Insured Retention Any deductibles or self - insured retentions must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self - insured retentions in regard to the deductibles or self - insured retentions as respects the County, their officials, agents, employees, and volunteers; or the County shall procure a bond guaranteeing payment of losses and related investigations, claim administration andidefense expenses. 3 11.3 Other Insurance Provisions 3 The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability Automobile Liability, and Umbrella Liability Coverage a. The County, their officials, agents, employees, and volunteers are covered as insureds as respects liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or vehicles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the County, their officials, agents, employees, and volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects to the County, their officials, agents, employees, and volunteers. Any insurance or self- insurance maintained by the County, their officials, agents, employees, and volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, and its officers, officials, employees and volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Emkloyers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the County, and its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the County. 3. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the County or ten (10) days for non - payment. 4. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than a VII or with an insurer acceptable to the County. The Contractor also agrees that upon the County's request it will provide a current financial statement of its insurer within ten (10) days. Current, valid insurance policies meeting the requirement herein identified shall be maintained by the Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. iTbere shall be a thirty (30) day notification to the County in the event of cancellation or modification bf any stipulated insurance coverage. 7 11.4 Verification of Coverage The Contractor shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by .this clause. The certificates and endorsements for each insurance policy are to be signed by a person authotrized by that insurer to bind coverage on its behalf. The policies, certificates and endorsements are to be in a form acceptable to the County and are to be received and approved by the County thirty (30) days after award or commencement of any transition activity, whichever is earlier. The Contractor is to commence no activity with regard to performance of the Agreement until the required insurance is obtained. The Contractor shall provide complete, certified copies of all required insurance policies to the County. 11.5 Additional Insured Requirements The County shall be listed as the Certificate Holder and include as an Additional Insured on the Comprehensive General Liability Policy. 11.6 Certificate Holder and Requirements Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 The Certificate must state the Contract Number and Title: Contract # 10 -5455 Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program 11.7 Cancellation Notice Requirement Thirty (30) Days Cancellation Notice is required. 11.8 Claims Information and Loss Run The Contractor shall make available to the County, through its records or the records of their insurer, information regarding a specific claim. Any loss run information available from the Contractor, or their insurer, will be made available to the County upon their request. 12. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et. seq., and regulations relating thereto, as either may be amended; Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the County. 14. AMENDMENT AND NOTICES. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. In the event State or federal laws are enacted after the execution of this Agreement which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt quested, or by a nationally recognized overnight delivery service, and addressed as follows: Tectrans, Inc. 6053 W. Century Boulevard, 91h Floor Los Angeles, CA 90045 All Notices from the Contractor to the County shall be deemed duly served if mailed or certified mail to the County to: Collier County Government Center Collier County ATM Director Purchasing Department - Purchasing Building 2885 Horseshoe Drive South 3301 Tamiami Trail, East Naples, FL 34104 Naples, Florida 34112 The Contractor and County may change the above mailing address at any time upon giving the other party written notification. 15. LEGAL RELATIONSHIP. The Contractor is an independent contractor, and is not the legal representative or agent of the County. The Contractor and County have a business relationship based entirely on and circumscribed by this Agreement. No partnership, joint venture, agency, fiduciary, or employment relationship is intended or created by reason of this Agreement. The Contractor will exercise full and complete control over and have full responsibility for its contracts, daily operations, labor relations, employment practices and policies, including but not limited to the recruitment, selection, hiring, disciplining, firing, compensation, work rules and schedules of its employees. 16. LAWS AND PERMITS. Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the work shall be obtained by Conlractor. Payment for all such permits issued by the 9 County shall be processed internally by the County. All non - County permits necessary for the prosecution of the work shall be procured and paid for by the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons it employs, and agrees that there shall be no discrimination as to race, sex, color, or national origin. 17. NO IMPROPER USE. The Contractor will not use, nor suffer, nor permit any person to use in any manner whatsoever, County vehicles, equipment, or facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, State, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. Additionally, the Contractor shall properly secure and safeguard the County's physical premises on which the Contractor conducts business; including but not limited to making certain that all doors and windows of the business are locked and secured during non - business hours. In the event of any such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable, improper, and/or inapposite to those conditions, the County shall have the right to suspend this Agreement. Should the Contractor fail to resolve any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to the Agreement will continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 18. DISPUTE RESOLUTION. This Agreement shall be deemed to be made in Collier County, Florida, and shall be governed by the laws of the State of Florida. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for appropriate relief in the Circuit Court of Collier County, said Court being the sole agreed upon venue with respect to any action arising from this Agreement. 19. COMPONENT PARTS OF THIS CONTRACT. This Agreement consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Performance and Payment Bonds, RFP #10 -5455, Scope of Services, all Attachments, Exhibits, Addenda and FTA Regulations. 20. SUBJECT TO APPROPRIATION. This Agreement is subject to appropriation by the Board of County Commissioners. 21. RECORDING. The Contractor shall execute the Agreement first and it shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County executes the Agreement. The Contractor shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Contractor upon receipt of the recorded document. 22. PAYMENT TO SUBCONTRACTORS. Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party 10 contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund monies must contain the following statement: "When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within seven (7) working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a charge in the amount of one- half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such charge shall be in addition to actual payments owed and shall not exceed fifteen percent (15 %) of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section." 23. COMPLIANCE WITH COLLIER COUNTY POLICY. The Contractor must comply with all applicable policies of Collier County. This is inclusive of all CMAs, Standards of Conduct, Ethics Ordinance, Sunshine Law and all applicable ordinances and policies. 24. VENDOR TRANSITION. Contractor recognizes that the services provided under this Agreement are vital to the County and, should this contract be terminated or not renewed as provided herein, agrees that Contractor shall use its best efforts and cooperation to assist County in transferring and transitioning operations of the services and duties provided hereunder to a new or successor vendor, so as to effect an orderly and efficient transition of operations. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above; written. Attest: DWIGHT Er Clerk By 6/ma Nok first itness NO VM Pa Type /print witness name and fitness ?-�'& (Ae YT) Type /print witness name Appr as to f an legal sufficiency: Sco . Te ch, beputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLLER COUNTY, FLORIDA By: 71-4 W FRED W. COYLE, CHAIRMAk TECTRANS, INC. By Signature By. �6✓ �vss,�, 'COD Typed Signature and Title 12 Exhibit I FIXED ROUTE TRANSIT SERVICES TABLE OF CONTENTS Descriptionof Service ....................................................... . ............................................................................... A -3 Scopeof Work... .................................................................................................................... ............................A -S LSystem Planning and Administration ....................................... ............................... ................ ............................A -6 2 Vehicle Servicing ................................. ............................... ....................................................... ............................A -7 3. Maintenance and Cleaning Responsibilities ...................... .. .................................................................................... A -9 4. Bus Stop Inventory and Shelter Repair Work Program .... .. .................................................................................. A -10 S. Safety Program .................................................. I................ ...................................................... ...........................A -11 6. Drug & Alcohol Testing Program ............................................................................................... ...........................A -11 7. Equal Employment Opportunity (EEO /AffirmativeAction Program) ...................................... ...........................A -12 8. Background ChecklTraining of Drivers ..................................................................................... ...........................A -12 9. Buy America Program ................................................................................................................. ...........................A -16 10. Reports ......................................................................................................................... ............................... ......A -16 Customer Service ............................................................................................................................ ...........................A -21 Meetings ........................................................................................... ............................... A- Error! Bookmark not defined. A -1 AttachmentA: CAT Service Map ............................................................ ..........................A -23 AttachmentB: Fixed Route Vehicle Inventory ................. » ........................................................................... A -25 AttachmentC. Detailed Reporting Requirements ............» .............................................. ............................... B -1 Attachment D: Sample Description of Monthly Fixed Route Invoice Support ............... ............................... C -1 AttachmentE. Sample Monthly Fixed Route Invoice Form ........................................... ............................... C -2 Attachment 1: Fixed Route Cost Proposal. ............................................................................. D-1 A -2 COLLIER COUNTY FIXED ROUTE SERVICE COLLIER AREA TRANSIT (CAT) Description of Service The Collier County fixed route bus transit program, known as Collier Area Transit (CAT), is contracting with Tectrans, Inc. to provide planning, operations, and management of fixed route transit services. The Alternatives Transportation Modes (ATM) Department within the Collier County Transportation Division is responsible for the direction of CAT services. Collier County provides fixed route service seven (7) days a week. Limousines of South Florida, Inc., dba Tectrans, Inc., a private Contractor, will provide bus planning, operations, and administration services. Limousines of South Florida, Inc., dba Tectrans, Inc., shall offer and maintain the highest service delivery standards and quality. Today, CAT operates nine (9) routes, including: six (6) routes within the Naples area; a fixed route service from Immokalee and the Golden Gate Estates area to Naples; the Immokalee circulator; and the Marco Island express /circulator. Attachment A depicts the 2009 CAT routes. The service area is Collier County, including Naples, Marco Island, and Immokalee. The total population of the service area is approximately 333,000 and has nearly doubled between 2004 and 2009. Since its inception in 2001, CAT's annual ridership has increased from 97,571 (2001) to 1,109,710 (2009), a percent change increase of more than 1,100 percent. Between 2004 and 2007, CAT ridership increased nearly 88 percent, from 627,823 to 1,180.147. Table 1 shows growth in ridership from FY 2006 through FY 2009, as indicated in the 2006 -2008 National Transit Database (NTD) reports and preliminary data obtained from Collier Area Transit for 2009. The percent of change in fixed route ridership during the past four (4) years from FY 2006 to FY 2009 years is 5.4 percent, from 1,052,536 in FY 2006 to 1,109,710 in FY 2009. Approximately 67,043 annual revenue vehicle hours were operated in 2009. A -3 Table 1: Trend Analysis for CAT Fixed Route Service 2009 dMa is based on preliminary information obtained from Collier ArcoTrmrsit and Collier ATM Departmmt and has not yet been pubmskd by the Nalianal Transit Dialme. Source, 2006 -2008 National Transit Database jWTDj Passenger Trips ServleArea Po ulation 311,788 374658 333,658 333,032 Service Areas Sin (square 61% 1,513 013 1,513 1,513 ROUTE 1 84,225 Passen erT' 1,05Z536 1,191471 1,166,358 1,109,71 Vehicle Mils 921,050 1,156,658 1299,452 1,329,594 Revenue Mils 670,424 1,090,385 1,214,814 1,244,756 Revenue Hours 49,479 59,503 66,183 61,043 Total bi Egmse S3,34,6%0A $4,678,962,00 $5,362,710.00 $5,04062 ,• .... "max .. Vehicles Available trMa krnumService 191 231 23 Vehicles Operated in Maximum Service 131 141 161 16 S ate Ratio 54% 36Y. 44% nla VehicleMdes er ita 29 3.5 Passe erT' spercapita 3.3 3.6 3JI 33 Passes erT' s per Revenue Mile 121 1,08 0.96 0.8 Passen erT' s rRevenue Hour 2117 19.83 17.62 1655 Operating ense par Capka $10.27 $14.32 516.06 $IS.I Operating erase per PassengerTrip $3.10 $1.% $4.60 $435 Operating erase perlkevenuoMik 5335 $429 $4,41 $45 fterating Bpense perReme Hour $65.98 $18,63 $8143 $753D 2009 dMa is based on preliminary information obtained from Collier ArcoTrmrsit and Collier ATM Departmmt and has not yet been pubmskd by the Nalianal Transit Dialme. Source, 2006 -2008 National Transit Database jWTDj Passenger Trips Source., McDonald Transit Riders /rip Data, FY 2004 -2009 A -4 2004 2005 2006 1 2007 2008 1 2009 ROUTE 1 84,225 124,288 150,030 212,947 250,873 247,183 ROUTE 2 196,096 289,83 251,012 214,605 193,332 177,325 ROUTE 3 153,383 222,089 260,015 289,357 268,126 230,415 ROUTE 4 170,703 226,051 181,193 J6,87 127,884 123,468 ROUTES 14,278 27,671 37,428 6,8701 69,897 69,953 ROUTE 6 1 3,995 26,221 44,891 01,3681 40,015 49,878 ROUTE 7 5,143 33,273. 38,391 45,963 51,671 49,69 ROUTES N/A N/A 63,830 t8,61A 91,978 88,091 ROUTE 9 N/A N/A 25,746 P3,54J 72,58 73,707 Source., McDonald Transit Riders /rip Data, FY 2004 -2009 A -4 Scone of Work Tectrans, Inc. will provide a turnkey operation, meeting all requirements pertaining to fixed route services, including administration, planning, and operations as well as all relevant requirements of the Americans with Disabilities Act (ADA). The Director of Operations shall administer and manage the program, including submitting timely reports. All reports described in this Scope are due by the 15a' day of each month, unless otherwise stated below. Other duties include the training of all staff, including drivers, dispatchers, supervisors, customer service representatives, etc. The Contractor will provide fixed route bus transit services as defined in the 2009 Collier County Annual Transit Development Plan (TDP)l. The CAT fixed route services are illustrated on Attachment A and described further in the 2009 TDP. The current CAT fare structure is detailed below in Table 2. Table 2: Collier County Adopted Fare Structure. vis- Qhag ♦ r (1��' -,.s i � � 1._, � t i.53 1-f`3 kA" s dig -„{ 7 of 5- { � Full Fare $ 1.50 Reduced Fare* $ 0.75 Children 5 Years of Age and Under) Free Full Fare Token $ 1.50 Reduced Fare* Token $ 0.75 Transfers $ 0.75 Reduced Transfers* $ 0.35 Day Passes — Full Fare $ 4,00 Day Passes — Reduced Fare* $ 2.00 Weekly Passes — Full Fare $15.00 Weekly Passes — Reduced Fare* $ 7.50 Monthly Pass — Full Fare $35.00 Monthly Pass — Reduced Fare* $17.50 Marco Express — Ful I Fare $ 2.50 Marco Express — Reduced Fare* $ 1.25 Marco Express Monthly Pass — Full Fare $70.00 Marco Express Monthly Pass — Reduced Fare* $35.00 Source: 2009 Transit Development Plan Annual Update Reduced Fares are for members of Medicare, the disabled community, those 65 years and older, and children 17 and under. Identification required. Please Note: The County reserves the right to amend the fare structure and will be responsible for notifying the Contractor of fare changes. The 2009 Collier County Annual Transit Development Plan is available for download from the Collier MPO Website at: hM2s://www.communicationsmgr,coM/projects/Collier MPO Adminldocs /2009 %20TDP* /a20Final %20- %20ApRroved %20Sent %202009.pdf Service hours will be as follows: Monday thru Sundays, 4:00 a.m. until 8:00 p.m., depending on the route (except the following holidays: New Year's Day, Memorial Day, July 4h, Labor Day, Thanksgiving Day, and Christmas Day). The County shall provide the revenue vehicles for use in the provision of these services as shown in Attachment B. The County or its representative shall be entitled to conduct inspections of any vehicles used in the operations of the CAT system to determine compliance with contract provisions. The following are the estimated annual revenue vehicle hours (RVH) of service the Contractor will be expected to provide 2: FY 2010: 68,050 FY 2011: 69,071 FY 2012: 70,107 FY 2013: 71,159 FY 2014: 72,226 All service hour increases are subject to annual approval by Collier County. Service hours may vary over the term of the contract depending upon funding considerations. If modifications result in more than a ten percent (10 %) change in annual revenue vehicles hours, either the County or the Contractor may request a re- negotiation of the per -hour rate of compensation. Any deviation in excess of the above annual revenue vehicle hours must be pre - approved in writing by the County. Additional RVH may be authorized, if funding becomes available. The Contractor will maintain a productivity of at least 17.0 passenger trips per RVH during FY .2010 without compromising service safety, punctuality or quality. For purposes of defining RVH, deadhead between the garage and first pickup or last drop off is calculated at ten percent (10 %) of total trip time. Year 2 and subsequent productivity goals will be determined on an annual basis. The Contractor will plan driver and vehicle schedules to maximize performance and productivity, including ridesharing. Customer service excellence is expected at all times. 1. System Planning and Administration The Contractor is responsible for providing recommendations related to all fixed route bus service planning activities related to operations of CAT fixed route bus services including, but not limited to: bus routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, preparation of all planning documents, cost estimates and other such activities relative to overall system administration, pending the County's review and approval. Periodic contract monitoring to ensure continued compliance with Z Revenue Vehicle Hour (RVH) estimations were calculated using 20q,9 National Transit Database statistics and projecting growth at 1.5% and assumes stable funding for the CAT fixed route system. A -6 the service contract is the responsibility of the Contractof. The Contractor will be responsible for identifying upcoming funding needs for the system and providing recommendations for pursuing federal, state, and local grants on a quarterly basis. Daily administrative costs and training for employees necessary to meet these responsibilities will be the responsibility of the Contractor. The Contractor is responsible for the preparation and administration of all documentation associated with the operation of the fixed route bus service, as stated in the required reporting section. Collier County will be responsible for purchasing office equipment and costs for equipment repair in meeting system and administration responsibilities. The Contractor will be responsible for the day to day costs associated with performing these functions, including, but not limited to: printing supplies, daily office inventory supply items, etc. In addition to regular fixed route operations, the Contractor will, from time to time, be required to attend and provide special event transportation services within the CAT service area using CAT vehicles. All passenger fares (if any) for the special events service are the property of the County and are to be accounted for and deposited using the same procedures followed for the regular operations on the fixed route service. The County is responsible for reviewing and ' printing of all documents for distribution to the public. The Contractor will be responsible for maintaining an inventory of schedules, passes, tickets, and tokens or cards, and providing the County with sufficient notice for prepa>ing and printing these items. The Contractor will be responsible for distributing these materials to bus stop locations and transfer centers. The Contractor is responsible for preparing a monthly report of the bus pass usage by type and provides such report to the County. Z. Vehicle Servicing The Contractor shall operate an adequate number of vehicles in service at all times to efficiently provide the required service, allowing an adequate spare ratio for routine maintenance to be scheduled. The Contractor will establish a schedule for routine maintenance of vehicles as well as regular communications with Collier County staff and the responsible entity for the vehicle maintenance program to determine maintenance schedules, non - routine maintenance reporting and scheduling procedures, and acceptable timelines for vehicles in shop and out of service. A vehicle maintenance program is required to be coordinated with County staff and must include at least schedules for vehicle preventive maintenance, safety inspections, and vehicle repair records. The vehicles shall be maintained per the manufacturer's instructions and warranties. The Contractor agrees to use the vehicles in a careful and proper manner for the intended service only and to comply with all federal, state, local, or other governmental laws, regulations, requirements and rules with 'respect to use, maintenance, and operation of the vehiclesi The vehicles shall not be operated beyond the limits A -7 established in the applicable policies of insurance as hereinafter set forth, and may only be used for the transportation of passengers. The Contractor shall establish it communication protocol with Collier County staff and the responsible entity for vehicle maintenance to identify vehicles which need preventive maintenance, and those which are in need of non - scheduled maintenance as identified through pre -trip and post -trip inspections of vehicles on a daily basis. The Contractor will ensure that all drivers properly complete and report body and mechanical defects on any vehicle. The contractor shall accomplish this by providing and utilizing Zonar; the new electronic pre and post -trip monitoring system for vehicle maintenance inspections and reports. A Vehicle Pre -Trip Inspection report will be prepared each day for each vehicle, and completed by the driver to indicate that he /she has checked the vehicle for body and mechanical defects prior to commencement of the driver's first run of the day. A Post -Trip Inspection Sheet will be prepared at the completion of the vehicle route for the same day. Daily records of pre -trip and post -trip inspections will be maintained by the Contractor, and provided to Collier County as requested by the County. The wheelchair lift on each vehicle shall be cycled one complete cycle once prior to departure for service each day. In the event that towing of any County -owned vehicle is required due to mechanical failure, damage, etc., the Contractor shall be responsible to arrange such towing, through a company selected by the County. Towing costs for all County -owned vehicles will be paid for by the Contractor. The Contractor shall perform daily vehicle inspections, maintain logs of daily serving, and schedule and report all service activities necessary to operate all fixed route vehicles and equipment safely and efficiently. Daily vehicle inspections and maintenance responsibilities shall include, but not be limited to: • Recording field usage and charting bus fuel use by vehicle • Re- fueling of fixed route vehicles at the end of service • Scheduling regular vehicle service activities, as follows: ■ Engine oil, coolant, transmission fluid, and windshield washer service needs for County staff to complete • Fare box vault pulling and replacement • Tire inspection (air pressure, tread depth, and wear) • Brake check • Exterior and interior light operations • Interior sweeping and dusting • Exterior and interior visual inspection • Identify unreported damage A -8 The Contractor shall develop, implement, and maintain a written checklist of items included in the daily inspection and/or servicing of each vehicle. The checklist shall be computerized and kept on file for the County to review /access and maintained for five (5) years. 3. Maintenance and Cleaning Responsibilities The Contractor shall maintain buses in a clean and neat condition at all time as described below. Vehicle exteriors and wheels should be washed at least one per week or as necessary to maintain a neat appearance. In addition, all vehicle interiors shall be cleaned, including trash removal, sweeping, vacuuming, or mopping, as needed after each day's use. Ceilings, windows, dashes, walls, stanchions, and grab rails shall be thoroughly cleaned once per week or as necessary. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as necessary, but at least quarterly, and upholstery damage shall be scheduled for repair immediately upon discovery. The cost of upholstery repairs shall be the responsibility of the County. Rubber or vinyl exterior components such as tires, bumper fascia, fender skirts and door edge guards shall be cleaned and treated with a preservative as necessary to maintain an attractive appearance and consistent with the bus wrap vendor's maintenance suggestions. All regular cleaning supplies shall be the responsibility of the Contractor. The Contractor shall wash exterior surfaces and windows at least once per week or as necessary to maintain a neat appearance. The Contractor shall keep interior surfaces in a clean, comfortable, well - maintained condition at all times. The Contractor shall maintain facilities provided for their use in clean and neat condition at all times. If necessary, the Contractor shall maintain the facilities by removing trash, sweeping, vacuuming or mopping in order to maintain an attractive appearance at all times. All facility repairs shall be reported to the County utilizing the Facilities Department's Work Order System. Buses shall be kept free of vermin. and insects at all times. The Contractor shall be responsible for exterminating all vermin and insects from all vehicles immediately upon their discovery, utilizing safe, non- hazardous and Environmental Protection Administration (EPA)- approved insecticides /materials. The County will purchase, install, and repair (i.e., painting, replacing components, etc.) all signs, posts, benches, shelters, and trash receptacles for CAT fixed route and CAP bus stops and facilities. The Contractor shall coordinate with the County relative to the need for cleaning and maintaining park and ride lots, improved bus stops, shelters and other transit amenities. 'Conditions requiring necessary maintenance and cleaning shall include but not be limited to: trash removal, washing windows, replacement of light bulbs. The Contractor is responsible for trash removal at these facilities at least every other day. The Contractor will be responsible for monitoring all bus stops, shelters, and other transit amenities on a regular basis (weekly at a minimum) and reporting any maintenance problems to the County. A -9 The Contractor will develop and implement a bus stop maintenance program, as mutually agreed upon by the County and the Contractor, which meets the following minimum standards: ■ The Contractor's supervisors and bus operators may be utilized as a monitoring resource for bus stop maintenance. Customer comments and requests will also provide information related to the bus stop maintenance requirements. • The Contractor will clean and maintain the improvements and grounds at all bus stop sign, bench, and shelter locations to include the following: (1) trash removal, (Z) pressure cleaning shelters and amenities at least once annually or as needed, and (3) general cleaning. • Unsightly conditions must be reported by the Contractor to the County for corrections within forty-eight (48) hours of observation. • Hazardous conditions such as damaged facilities will be responded to by the Contractor as quickly as possible. The Contractor shall be responsible for labor and materials used in the performance of this work. 4. Bus Stop Inventory and Shelter Repair Work Program The County is responsible for managing the CAT bus stop and shelter program and undertaking designated repairs. The Contractor will have the following responsibilities for the bus stop and shelter program: a. Bus Stop Inventory The Contractor shall be responsible for providing data to the County for the preparation and maintenance of a GIS computerized CAT bus stop inventory which delineates the location of all bus stops, accessibility issues of the stops, the routes that serve each stop, and the passenger amenities located at each stop. The Contractor shall prepare and present an annual report of existing stop locations, a map of all facilities, and identify potential improvements based upon ridership criteria identified by the County. b. Bus Stop Shelter Repair Work Order Program The Contractor shall be responsible for removal of trash and basic cleaning of bus stops as previously noted in Item 3 above. c. S ,gnage Parts Inventory The Contractor shall be responsible for maintaining the inventory of all sign faces and posts by type, and advise the County when additional faces and posts need to be ordered. The County will purchase all sign faces and posts. d. Stop and Route Evaluation The Contractor shall be responsible for developing procedures in coordination with the County for the evaluation of requests for additional stops, routes, and making recommendations to the County on stop and route additions, removals, and relocations. The procedures and recommendations should be based on ADA, safety, route schedule, and community considerations. The Contractor shall be responsible for submitting recommendations along with supporting documentation for any requested stop or route changes to the County for their review and approval. The Contractor will submit a quarterly summary of stop requests, evaluations of requests for changes, and other information related to stop changes. The Contractor shall be responsible for labor used in the performance of this work. S. Safety Program A written safety program shall be developed and maintained by the Contractor which includes safety policies and practices, accident procedures and reporting, and other training materials and documented in the System Safety Program Plan (SSP) and the System Security Emergency Preparedness Plan (SSEPP). Collier County will conduct an annual System Safety review of the Contractor to comply with safety requirements of Chapter 14 -90, Florida Administrative Code (FAC). The Contractor shall have a documented safety program that includes the following components: • Accident Response Plan • Accident Review Process and Analysis • Determination of an Accident as Preventable or Non - Preventable, Utilizing the National Safety Council (NSC) Guidelines • Employee Retraining Provisions • Driver Incentive Provisions • Programs and Methods to be Utilized to Promote Safety Awareness • Employee Training and Required Certifications The Contractor shall participate in tabletop, emergency preparedness training exercise as requested by the County. The contractor is considered essential personnel and shall be available upon request for evacuation and transportation for any emergency events 2417. 6. Drug & Alcohol Testing Program The Contractor shall administer a Drug and Alcohol (D &A) Program which meets all of the Federal and Collier County requirements. In addition, the Contractor shall require all subcontractors providing services for the fixed route service to adhere to the testing requirements of this D &A program. CAT is required to perform D &A testing in accordance with United Stated Department of Transportation (US DOT) and Federal Transit Administration (FTA) regulations, as defined in Title 49 Code of Federal Regulations (CFR), Parts 40 and 655. The Contractor will be required to perform D &A t sting in accordance with Collier County's Risk Mana ement olicies as well as US DOT and FTA requ ements. The Contractor /sub- contractor must have a g p Substance Abuse Testing Program in place which meets dl the criteria of the US DOT, the FTA, and Collier A-1 1 County. The Contractor will be required to incorporate these requirements into their program. The Contractor agrees to produce documentation necessary to establish its compliance with Title 49 CFR, Parts 653 and 654; and to permit any authorized representative of the US DOT or its operating administrations, the Florida Department of Transportation (FDOT), or Collier County to inspect facilities and records associated with the implementation of the D &A testing program required by Title 49 CFR, Parts 653 and 654. Documentation of test results will be maintained in personnel files by the Contractor and shall be made readily available for inspection by Collier County. The Contractor will send a monthly compliance letter to the County as proof of compliance with the program. Late reports are subject to a Late Report Charge of five hundred ($500.00) per day after the fifteenth (15`) of each month. It is understood that failure to comply with any requirement outlined in Title 49 CFR, Parts 653 and 654, or failure to submit any required certification or documentation shall be considered a material breach of contract and grounds for contract termination under for -cause provisions. Collier County has a zero tolerance for positive D &A tests and requires the same policy to be enforced by the selected Contractor. 7. Equal Employment Opportunity (EEO /Affirmative Action Program) The Contractor must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, State, and County policies. The Contractor shall prepare an EEO program that complies with FTA Circular 4704.1 'Equal Employment Opportunity Program Guidelines for Grant Recipients" and submit to the County by January 15th of each year. The Contractor will update the program as needed and submit it annually to the County. 8. Background Check/Training of Drivers The Contractor will administer a background check of all drivers before participation in the program, as described in detail below. It is important that CAT provide professional and consistent levels of safe, high quality service to all riders. The Contractor must meet and/or exceed Collier County standards regarding eligibility to drive a County vehicle. All drivers, including subcontracted drivers, utilized in providing fixed route bus operations must meet the following employment standards: ■ Each driver must pass a FDOT pre- employment physical examination certifying they are physically able to perform the essential functions of the job with or without reasonable accommodations, and an updated physical examination record must be submitted every two (2) years. ■ Each driver must have a Department of Motor Vehicles (DMV) Report completed prior to driving any vehicle in service. ■ Each driver must pass a pre - employment D &A test prior to driving or performing any safety sensitive functions. ' A -12 ■ Each employee must pass a background check for criminal offenses to carefally screen personnel that have direct contact with clients/riders. Any applicant for a driving position shall not have been convicted of a felony and/or a variety of misdemeanor offenses. • A criminal background check must be completed prior to driving any vehicle in service. A driver may not have any felony convictions, or have been convicted of any crimes against children or financially exploiting a person with a disability. This background check must include a comprehensive out of state review. • Each driver must possess and maintain a Commercial Driver's License (CDL) with the proper endorsements. ■ Each driver must be a licensed driver for a minimum of three (3) years. ■ Each driver must possess a safe driving record. ■ Each driver must comply with all federal, state, and municipal requirements for substance abuse testing. ■ Each driver must be dressed in appropriate attire that consists of a uniform, to be provided the Contractor. The Contractor is further required to: ■ Conduct mandatory monthly safety meetings for all drivers. In addition, driver meetings shall include an opportunity for drivers and supervisors to interact with each other and various staff members which make up the operations team. ■ Check DMV records for each driver at least every six (6) months for accidents, violations, and valid driver's licenses of all vehicle drivers. A driver must have an acceptable driving record of not more than seven (7) points in the last three (3) years and no DUI convictions within the last five (5) years. ■ Ensure appropriate level of back -up /extra board drivers to ensure continuity of service. • Ensure vehicle drivers adhere to policies regarding professional behavior such as smoking, eating, drinking, cellular telephone usage, appropriate music selection, and volume, etc. • Ensure each driver and road supervisor have an accurate clock or watch (set daily) displaying hours and minutes available and in clear sight at all times during the operation on any vehicle. • Provide appropriate employee training in accordance with FTA and FDOT requirements, to include, at minimum: A -13 1. Ensure that all employees complete a Customer Relations Course 2. A minimum of sixty (60) hours of training prior to driving a vehicle in service. 3. Passenger Assistance Technique (P.A.T.) — At least four (4) hours of instruction on passenger assistance, approved by Collier County. This training must satisfy the paratransit service Passenger Assistance Training/ Sensitivity requirement of Rule 14 -90. The Contractor's trainer shall conduct and document an on -board evaluation with each operator. Training shall include elderly and disability sensitivity components, passenger relations and assistance, passenger handling, securement of wheelchairs, use of seatbelts, assistance to the visually impaired, and dealing with service animals. 4. Adult and juvenile Cardiopulmonary Resuscitation (CPR) training including general first aid, proper response to emergency medical needs of riders, and hazardous waste disposal procedures. 5. Defensive Driver Training per the National Safety Council standards or an equivalent course approved by Collier County. 6. Vehicle breakdown, accident, passenger incidents, adverse weather and other emergency /safety procedures including emergency vehicle evacuation. 7. Policy instruction, such as trip scheduling, service hours, service area, complaint procedures, wait time, fare structure, transfers locations, ADA operation, etc. 8. Vehicle and equipment operations, including proper two -way radio protocol, wheelchair and scooter securement, ramp operations, and operation of any automated devices installed in the vehicle. 9. Knowledge of service area, map reading, address locating, and familiarity with streets and landmarks. 10. Safe operation of vehicles and post- accident procedures. 11. Post Accident Retraining is required for a driver after a preventable accident. 12. Sensitivity training to develop skills and increase understanding of people with disabilities, all sexual orientations, diverse cultures, races, and ages. 13. Familiarity with the completion of necessary paperwork such as trip sheets (manifest), pre -trip inspection forms, accident reports and incident reports. The Contractor shall develop, implement, and maintain a formal training and retraining program, which shall be subject to review and approval by the County. All operators, dispatchers, customer service personnel, supervisors and managers shall participate in the program. Training costs for this program will be the responsibility of the Contractor. All employees having contact with the public must complete a Customer Relations course. The purpose of the course is to help provide employees with skills in providing quality customer service to passengers and the public. As part of the training program, the Contractor shall prepare and distribute to all operators, dispatchers, telephone operators, and supervisors a Driver',s Manual. Contents of the Driver's Manual shall include the following subject areas: driver's rules; accident/incident policies; radio policies and procedures; fare box policies and procedures; fog and inclement weather policy; vehicle inspection, care and maintenance policy and procedures, reporting procedures and pertinent samp� forms. The Contractor must certify in writing, by A -14 name, each individual operator as having satisfactorily completed all requirements and training courses prior to allowing that individual operator to operate a bus in revenue service. The Contractor must provide Collier County with evidence that all drivers have completed the training program offered by the Contractor prior to driving and as required. The Contractor shall ensure that all drivers receive refresher classes or repeat new employee training at a minimum of four (4) hours every year. Drivers must obtain CPR certification annually and first aid certification every two (2) years. The Contractor shall provide Collier County with quarterly updates of Driver Rosters. Each roster entry shall indicate at a minimum: driver's name, address, date of birth, date of hire, driver's license number, expiration date, training dates, latest D &A test, and Motor Vehicle Record (MVR) review date. Ongoing training classes shall be included as part of the quarterly report. Additional training, above and beyond those outlined in this scope of services, and will be paid by the County. The Contractor will be responsible for ensuring that all employees are proficient and knowledgeable to perform job responsibilities. General training for tasks related to required job responsibilities will be the responsibility of the Contractor. The Contractor shall maintain all training programs and keep records documenting course completion in each employee's personnel file. The Contractor shall provide documentation of the formal training program to Collier County staff annually, and inspect all subcontractors quarterly to ensure compliance with training programs. The Contractor shall make available a complete copy of all course outlines, instructor information, training materials, and handbooks pertaining to fixed route training to Collier County for review and approval. Collier County staff may attend training sessions given by the Contractor. The Contractor shall require all personnel providing transportation to maintain driver licensing and registration requirements and maintain acceptable MVR's. Documentation to support these requirements shall be filed with or made available to Collier County by the Contractor. It is understood that failure to comply with any background screening or training requirements listed above or failure to submit any required certification or documentation shall be considered non - performance. The Contractor must conduct checks and administer oversight to ensure that all driver requirements are met subject to the following standards and penalties: • Standard for MVR Reviews: The Contractor shall review driver's MVR's at least once every six (6) months. Compliance shall be monitored by Collier County personnel on a random basis. • Standard for Background Screening Reviews: The Contractor shall update employee background screening at least once every six (6) months. Compliance shall be monitored by Collier County personnel on a random basis. • Disincentive Charge: Failure to meet driver: licensing and registration requirements, as stated above, shall result in a charge of one thousand collars ($1,000) per incident. A -15 9. Buy America Program The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. Separate requirements for rolling stock are set out at 49 U.S.C. 53230) (2) (C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. Collier County will provide pre and post delivery inspections for compliance with Buy America provisions. The Contractor is required to attend in person or by phone all pre - production meetings at their own cost. The Contractor will be responsible for all training expenses related to compliance with the Buy America program. 10. Reports Timely and accurate reports and records will be submitted to Collier County. Collier County views statistical reporting as a critical element of effective service planning, service quality evaluation, and policy development. It is, therefore, deemed important that the Contractor assign staff with the qualifications and time to edit files, create, and evaluate reports using the scheduling /dispatching software, and other automated and /or manual methods. The following guidelines are provided as basic information regarding the nature of reports that will be required during the course of this contract. Attachment C provides detailed information on reporting currently required. The County from time to time may require changes in forms, record keeping and/or reporting procedures to serve the needs of the agency. a. Qperating`Statistics: The Contractor shall prepare and maintain all service delivery records and provide the operating statistics for fixed route bus services to Collier County no later than the 150' day of each month. The Contractor shall also input and submit monthly (by the 15`h of each month) and annually (by December 151h each year) National Transit Database (NTD) data to Collier County for required review and electronic submittal to the federal government by the County. In addition, the Contractor shall provide a summary of operating statistics on a route and system level to the County as requested. Standard Lor Federal Data Reports: The Contractor shall assist Collier County in collecting data on operating statistics for fixed route bus services by reporting information including, but not limited to: collection of detailed passenger boarding and alighting counts, passenger trips, passenger miles, vehicle revenue miles, vehicle revenue hours, operating expenses, passenger trips, operating expenses per revenue hour, operating expenses per passenger trip, passengers per revenue mile, passengers per revenue hour, administration of questionnaires, and shall provide additional data using forms approved by Collier County.. i A -16 Disincentive Charste: A late report change of two hundred dollars ($200) per day, after the 15th of each month, will apply for untimely reports. Penalties will apply to reports identified in the County's standard operating procedures or required for FTA triennial review compliance and annual state management reviews. b. Route and Stop Summary Records: The Contractor shall prepare, maintain, and verify all fixed route bus service and stop summary sheets, in a format approved by Collier County. These reports shall be entered into a spreadsheet or database program to track daily, weekly, monthly, and annual fixed route service statistics and trends, including boarding and alighting counts and on -time performance on a route and stop level using a County approved form. The Contractor shall work with the County to establish mutually acceptable procedures to record and measure on- time performance for fixed route bus service. This information will be furnished with the monthly invoice and presented to the County staff during coordination meetings. The Contractor shall receive no reimbursement or payment for service that is not supported by route and stop summary records. c. Revenue Reports: The Contractor will develop revenue procedures to assure that revenue collection, reconciliation, reporting, and deposit procedures meet industry standards and conform to Federal, State, and County requirements. These procedures must conform to Collier County cash management policies and are to be submitted to Collier County for review and approval. The Contractor shall also provide written documentation on daily reconciliation activities such as ticket sales, cash, total revenue, and total deposit. The Contractor shall also provide fare box reporting including a daily and monthly revenue and ridership, daily fare box data verification, daily exception reporting, and daily security reporting. d. Incident Reports: The Contractor shall immediately report any unusual occurrence or conflict with a rider or other person(s). e. Accident Reports: The Contractor shall provide written documentation for any vehicle accident. The County will receive written copies of incident and accident reports within 24- hours; of occurrence. A charge will be assessed for late reports. The Contractor shall open or provide all records relative to this contract for inspection upon request. The Contractor shall retain intact all documents, financial ` �ecords, and supporting documents, for at least three (3) years following contract closeout. Every accident o any incident involving a rider /passenger, with or A -17 without bodily injury or property damage, must be reported to the County immediately but no more than two (2) hours after the occurrence. A written report must be provided within 24 hours, and a full report with photographs and police report must be submitted within seven (7) working days of the accident/incident. A charge will be assessed for late reports. The Contractor must have a supervisor respond to the accident scene. A summary of monthly accident occurrences shall be part of the monthly report. f. Accident Investigations. Rating, and Follow -Up: (On Monthly Basis) The Contractor will develop procedures to investigate, develop and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition, this review will establish the need (and schedule, as necessary) for any corrective training, operating guideline provision, or equipment maintenance or technical correction required, together with a follow -up to assure that action has been completed. All staff involved in accident investigation must be properly trained in accident investigation as required by the US Department of Transportation. g, Emergency Preparation: The Contractor will develop procedures and provide training programs, subject to County review and approval, to address all types of emergency situations, including accidents, crime /security incidents, evacuation procedures, and inclement weather. h. Pre- Trtp and Post -Trip Inspection Check Sheets: The Contractor will ensure that all drivers properly complete and report body and mechanical defects on any vehicle. The Contractor shall accomplish this by providing and utilizing Zonar; the new electronic pre -trip and post -trip monitoring system for vehicle maintenance inspections and reports. A Vehicle Pre -Trip Inspection report will be prepared each day for each vehicle, and completed by the driver to indicate that he /she has checked the vehicle for body and mechanical defects prior to commencement of the driver's first run of the day. A Post -Trip Inspection report will be prepared at the completion of the vehicle route for the dame day. Daily records of pre -trip and post -trip inspections will be maintained by the Contractor, and provided to Collier County as requested by the County. i. Disadvantaged Business Enterprise QBE) Reports; The state's Disadvantaged Business Enterprise (DBE) program provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. The County will be responsible for submission of all the reports for the DBE Program. The Contractor will be responsible for monitoring subcontractors, reporting any changes in DBE participation, and submitting required forms as provided by the County to ensure DBE compliance. A -18 j. National Transit Database Reporting g(formerly FT,1 Section 15): The Contractor will input and submit monthly (by the 15`h of each month) and annually (by December 15`h each year) NTD reporting information to the County for required review and electronic submittal to the federal government. The Contractor shall participate in odometer sampling audit days every 8`h day throughout the calendar year to collect needed data for the NTD and/or to verify the accuracy of Mobile Data Terminals (MDT's) or other automated data collection equipment, if used by the Contractor. In the future, CAT may use Computer Assisted Dispatching (CAD) and Automatic Vehicle Location (AVL) systems as a new tool for managing demand response service. MDT's feed critical information into scheduling software to assign trip requests to specific routes. The system also helps to identify vehicles that are beginning to fall behind schedule, which allows dispatchers to be more proactive in problem - solving. Today, this information is primarily tracked using dispatch/scheduling software reports and the surveying schedule is confirmed for reporting compliance by the County. k. CAT Statistical Summary: By the 15`h day of each month, the Contractor shall prepare CAT statistical information for the County in accordance with the adopted standard operating procedures. 1. Monthly Personnel Reports: The Contractor will provide monthly personnel reporting including a listing of all employee positions by department and classification, as well as information on position vacancies and required positions. The Contractor will also provide a monthly listing, by department, of all employees in training. m. Monthly Substance Abuse Test Results Summary: The Contractor will provide a monthly summary report for random drug and alcohol screening results for all safety sensitive positions. This report shall show time and date testing was completed. n. Fleet Fuel Reports: The Contractor will maintain a fuel log and report vehicle fuel consumption and any variances as requested by the County. o. DiWatch/SchedulingSoftware Reports: The Contractor shall review and verify the following information on a daily basis, by vehicle, by route, and by total fleet: • Vehicle service hours • Vehicle revenue miles • Vehicle total miles • Missed trips, detailing cause WE • Vehicle breakdowns and road calls • MDT, silent alarm and /or radio downtime • Consumer and public complaints, comments and compliments • Actual fare box collection amounts, by fare type Collier County shall have full access to all Contractor records at the operating facility. Full cooperation shall be provided from the Contractor to the County monitoring program. The County's direct involvement in the day -to -day operations of the service shall include, but not be limited to: on -street monitoring of drivers and vehicles, inspections of equipment, customer service functions, contract compliance oversight, and quality control. Collier County shall conduct unannounced periodic inspections to determine whether the operations meet the required specifications. Additional quality surveys and monitoring may occur through the use of a "mystery rider" program under the direction of Collier County. Collier County, as well as the Contractor, shall perform on -street monitoring of actual trips to include, but not to be limited to: • Spot inspections • On -time performance • Knowledge of service area and routing • Driver assistance • Driver appearance • Vehicle appearance • Driver log accuracy and completeness • Wheelchair lift condition and operation • Wheelchair securement systems condition and use thereof • Safety equipment • Driving habits • Compliance with Florida Motor Vehicle Regulations The Contractor must provide the County a service data summary and a monthly report for each component of service for the previous month, by the 15th day of each month by route, vehicle and total, as appropriate. The Contractor will provide the following monthly reports, including route and system wide summaries to the County. This must include, but is not limited to, the following: • Total weekday passenger trips • Total Saturday passenger trips • Total Sunday passenger trips • On -time performance reports A -20 The Contractor will provide the following monthly reports to the County (by route, vehicle and total, as appropriate). The following are minimum requirements for the reports: • Weekday vehicles miles (revenue, deadhead, total) • Saturday vehicles miles (revenue, deadhead, total) • Sunday vehicles miles (revenue, deadhead, total) • Weekday vehicle hours (revenue, deadhead, total) • Saturday vehicle hours (revenue, deadhead, total) • Sunday vehicle hours (revenue, deadhead, total) • Record of accidents/incidents • Other summary reports of corporate support, planning, training, reproduction of materials, marketing, or other functions, as needed to document additional charges for services The Contractor will be required to maintain service information necessary for all FTA reviews, including all FTA Triennial Review information. Service information pertaining to the Triennial review must be maintained in a filing system sorted by the general areas of review. This information must also be available in a comparable electronic format sorted in the same manner. Other additional reports will be required during the term of this contract. These include a System Safety Procedures Plan (SSPP) and quarterly updates of Driver Rosters. Customer Service The Contractor will be held to the highest standards for customer service. The Contractor will operate a Customer Service Program, in accordance with the procedures mutually agreed upon by the County and the Contractor, which accomplishes the following: a. Customer Inquiries, Complaints and Commendations A main focus of the Customer Service Program is handling all customer /public inquiries, complaints or commendations received by mail, fax, e-mail, phone, or in person. The Customer Information Service hours will be seven day per week: Monday - Friday from 6:00 a.m. to 6:00 p.m. The hours may be extended in the future if a need is identified. All inquiries, complaints, or commendations shall be recorded in a permanent customer comment form and entered into a customer service log (i.e. Microsoft Excel Spreadsheet). The comments are to be routed to the appropriate Department for research and follow -up actions. Detailed questions and all complaints must receive follow -up responses to customers within two (2) working days of lol, ceipt. An important requirement of the program is supervision of information responses to assure quality co accuracy, and customer service. In addition, the A -21 Contractor shall monitor and schedule personnel necessary to effectively respond to incoming calls at a quality level consistent with customer demand. b. Computerized Database: Customer Complaints Comments. and Commendations A report of customer complaints, comments, and commendations'is to be provided to the County monthly. The report is to be organized by the customer comment category, by bus route, date, and customer name or employee name. Follow -up actions taken-to address concerns must be specified in this report. All complaints more than eight (8) working days old which have not resulted in a completed investigation and follow -up response (telephone or written) to the customer must be listed separately and forwarded to the County. c. Public Notification and Meetings The Contractor will assist Collier County, as needed, in the coordination and promotion of public meetings. This will include-coordinating with County staff as requested in the preparation of public meetings, attendance to public meetings, and assistance in preparing and posting notifications of meetings at bus stops, park -n- rides, and transfer centers. d. Ticket/Pass Sales Proms The Contractor will sell tickets and passes for fixed route service at the CAT facility during the hours of 6:00 a.m. to 6:00 p.m. on weekdays. The Contractor will accept payment by cash, check, and money order. In the future, could include credit/debit cards. The Contractor is encouraged to supplement ticket/pass sales by coordinating with convenience stores, grocery stores, and pharmacies regarding ticket/pass sales. All revenues from the sales program are to be included in the passenger fare deposits. The Contractor must provide complete accountability to the County for this program. A periodic inventory of tickets and passes will be conducted on a quarterly basis. e. Operating Lost and Found Program Customer Service will be responsible for managing all lost and found articles from buses or at transit facilities. This may include fielding inquiries on the phone or in person at the Customer Service Information Office. The Contractor will follow the Lost and Found Procedures, as stated in the defined Standard Operating Procedures Manual. f. Photo Identification Cards The Contractor will be required to prepare and issue identification cards to the elderly and disabled for federal fixed route discount fare benefits. Collier County is responsible for providing equipment for this task. The Contractor will record information and prepare an identification (I.D.) card at the CAT facility for all eligible passengers requiring the discounted fare. Information on ' recipients will be entered and maintained on a database, along with copies of appropriate documentatiot verifying individual eligibility. This information will be available for County review /access. i' A -22 CAT Service Map �+n F i ] R ] Fr i• %I � � a 44 1tE' r K� M1i ,][ZI A -23 1� TMl.rllRNR'f ECT RlD! � �� wwrseMryw.iwe�e t ti F i ] R ] Fr i• %I � � a 44 1tE' r K� M1i ,][ZI A -23 Attachment A;(Cont'd.) A -24 Attachment B: Fixed Rogte Vehicle Inventory '�"� � ,e:7 .,w 'bX°�-... v'3F` "�t4� > • "�„�'s,�J ,t,�- - sum+: -r �+Id t.."iv�'�� 10063 2001 BLUEBIRD 24 PASS Bus 1BAGBCPA31F201473 10066 2001 BLUEBIRD 24 PASS Bus IBAGBCPAlIF201472 10067 2001 BLUEBIRD 24 PASS Bus 1BAGBCPA51F201474 10071 2001 BLUEBIRD 24 PASS Bus 1BAGBCPA211`201478 30988 2003 FREIGHTLINER CHAMPION 4UZAACBV23CM15847 30989 2003 IFREICHIUNER CHAMPION 4UZAACBV43CM15848 30990 2003 FREIGHTLINER CHAMPION 4UZAACBV63CM15849 42925 2004 FREIGHTLINER CHAMPION 4UZAACBV54CN64822 42926 2004 FREIGHTLINER CHAMPION 4UZAACBV14CN64820 42927 2004 FREIGHTLINER CHAMPION 4UZAACBV44CN6481919 42928 2004 FREIGHTLINER CHAMPION 4UZAACBV34CN64821 50382 2005 GILLIG G29EI02R2 156091951091092 50383 2005 ©LLIG G29E102R2 15GO91051091093 50384 2005 GILLIG C29EI021C 15GGE291251091094 60091 2006 GILLIG G29EI021U 15GO91661091164 60092 2006 (HLLIG 15GGE29MI091165 60093 2006 GILLIG 15GGE291X61091166 60094 2006 GILLIG 15GOE291161091167 30016 2003 FREIGHTLINER CHAMPION 4UZAACBV43CK40002 CC2.240 2001 GILLIG G27E102N2 150071471091586 CC2.241 2007 GILLIG 627E102N2 15GGE271671091587 CC2 -242 2007 GILLIG G27E102N2 ISGGE271871091588 CC2 -243 2001 IGILLIG G2j7y(E102N2 155 �0 [G�GE27IX7109l15589]� 60086 2A06; FORD .. -. E350;: 2 tFDIV131PX6IA64080; .';` RD ::'= ., ' TAURUS], r IFAHP53U17 M-005 2006 FORD ' ` E350 ' . 1FDNE31PX6DB35066 _ CC2489 2009 FORD Ecoroh 1 1FDNE3129DA93932 . Please Note: Highlighted item represent support vehkies Source: Collier County Alternative Transporta on Modes Department, February 2010 A -25 b a e� r a Q% Qi L TC L L U c V O C C .D > `�- O N N 7 N O 7 E C E w C C C O O ca "0 N C L U cm 'a) > +O+ E a) . CD 0 a E N O n c `' L O 3 CM O , G Q E y .0 -.0 C C C M N O A . v E 3 o •c CL N L O �, O co -v � �� L .� � N LO L L *+ C 3 N O c. w o . 0�C � O N O L N C 'ccO E L V U 0 = O O O .p t It! E >, N O 0 0 _ � Z 6 a 3 L N aaic c' c E � cc C E2 2 o� W a� o �(r.T U) Eu, Ncv,� c c 0 �? o •fl c� L cN o oE N c O U E Edo . O -00 °' oc E �� : ms 0 :3 En Q. 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Nc c oE 0 20 r €�L o _ � � :320 cE E2 �cn E a,_ ca -- ai sa(n 0)CC d .0 a >oEC w O .w " O a) CL N U a) -0 4- •` 0 c N EE p a) t�C U d (n 4_ a r M U) +, > N - - _ aa)) > E o.2 E �O .fl — CL o- cQ m p Z ° I-- K._ MM UJ aa) E •c v;_(D (n O O %1-- 4— ow C CL can Cco0-Z U L- ccflJcc N .O O 3a>i~N-a C °O ,� 0M� ,�E -0 W Jcn' 0200 °EE o n mcacUo2 ALL :_Jrt � oo aa M 4: F- 000 � U• U• cn• c� H• Z Z m N U c v c U c o o ° =P' - $ • • • Z L L :n V a) o Q co w 4. 00) + 4Fo F� V i�• c . ` V. Z o a T t U) a c E r C y •t7 Q O .• CC _ U C .0 m O� I N ay. +� o j C rte.. cc 0) %r N C �h O ►- r"„ ca .� s cc ar��x o0 a� N 1, � cQ� ,.�t:L o E + , Cl > ca N N N O O O � O to .— C �, CO , O Q M C N O. 0 > > An 'C U O C O C ocaoUo U�- =_, rl °Ccat� Cc °���uoi 0Eca>c a) .o L O a� c sz:aL.o=3 o 0 (D . E E a O E n E �. aUU EU . Attachment D: Sample Description of Monthly Fixed Route Invoice Support The County shall pay the Contractor based on the following schedule: Section 1. Expenses. The estimated costs for the contract are based upon the total route revenue hours approved by the County multiplied by the fixed revenue hour rate. However the actual reports depicting the revenue hours for the compensation period should be included as support documentation with the invoice. Section 2. Fares. The Contractor shall collect fares from each passenger. Such fares shall be reported to the County monthly. The invoice submitted by the Contractor at the end of each month, shall include backup documentation of the actual fares collected and deposits made to the County's account by the Contractor. Section 3. Other Reimbursable. The Contractor shall submit a monthly invoice to the County itemizing all reimbursable expenses that have been pre - approved by the County with a copy of the County authorization. Section 4. Other Expenses. The Contractor shall submit copies of expenses paid for personnel, and other operational costs as itemized on the Cost Proposal sheet in Attachment G. C -1 Attachment E: Sample Monthly Fixed Route Invoice Form OPERATOR: For the Period of: Revenue Hour Cost: to revenue hour at $ per hour = Total Revenue Hour Cost $ Other Reimbursable Costs: (All reimbursable costs must be pre- approved by the County. Please attach pre - approval documentation). Please explain: s Total Reimbursable Cost $ TOTAL PAYMENT DUE: $ Fare Revenue Collected $ Date: C -2 1` sW t0 N N N n Ot Ln H e-i n n Ln O Ln O m m of � l0 fn M O � N M O 00 01 tD Ln m M ri N O M ri n 01 N m 00 M C11 N 00 M N lD M DMO 00 Iq 00 n M M m O n N Q :i n e-1 M O 00 LO C 00 O N M 00 • C C c N C f0 L m L u t 7g17 d C O N a y C IE v K _vl �• ,�J Gl c ry Ll y Y- N 7 N C Y LO O W N u S no a2 a o u to Q � O � �, : t LL Nall (V (D t mY N c d 3 o n` ^ a c o a g o c fc0 a o c a 'a+ C "� °c N w icu 3 9 c .L c v W •C Q� .0 a O V �+ ¢ � m LL " M,T O u C W C m H Q ` N O 2 m N pip j 0 m u _ �• .p lL a m Q E LL A° y ticb °€ m y od.S a¢ C H m e Y C C@ 'c m Oi0 C Q ��, A e" o y c `o 'E n Y ; -' a 3 3 o E v I a0+ y o v w v m" CL a, C �n�'D3ao "w�a��= �a'u °o u�32Lw w L. IV v ri N r" 'gr ate+ W) — 1 \ q - � � q � 2 V-4 »: r4 : � E� /j \ � q / a / � c 2 � . § k � . c� {� . 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N N N Ln rn n c VA C tn C H C m m R v a N v y' •3 a W CL iJ A G O L a Q W 07 �- D a O a° ° a o n Y °u ° a c a H v¢ y ca M c c w Zn w � p� N� V f' _ Q C 3 )' C O N D. 7 O - d N w G d R N C li b C i•+ •- E d- x •_ O C N y C d .n C t u y' X r- 0 3 y `° E 45 d c Li r`v d Fy' N U LL f V y V y E V, 1. W �Q(' w A E Q, ' N L - V N Q� T Lo a rn vA a E£ E 0 E. o ate+ CL =+ E g g ' vai L n cs d a d w z a N w v a (n .C, vi � 'I Ol � N t a vi C C V L 44 41 0 GJ Q H U C1 tl0 L Q M A � M O 00 O Ln 00 t/? �o m iJ? O d' lD d � 01 n e-I Ln M .-t n L �o N Ln O Ln L M ih O O n n M fn N N O LM N V). 1* M in O ro tND O Ln fY] a vi C C V L 44 41 0 GJ Q H U C1 tl0 L Q M A Exhibit II PARATRANSIT SERVICES TABLE OF CONTENTS Description of Service ................. : ..................................................... . ............ E -2 Scopeof Work .............................. ... ............................... .. ................E -4 1. System Planning and Administration .............. ................................................. E -5 2. Vehicle Servicing ........................... I . , ...... ................................................. E -6 3. Maintenance and Cleaning Responsibilities ........................... ............................E -7 4. Safety Program .............................. ............................... ............................E -8 5. Drug & Alcohol Testing Program ........ ............................... ............................E -8 6. Equal Employment Opportunity (EEO /Affirmative Action Program ) .........................E -9 7. Background Check/Training of Drivers . ............................... ...........................E -10 8. Buy America Program ..................... ............................... ...........................E -13 9. Reports ....................................... ............................... ...........................E -14 10. Customer Service ........................... ............................... ...........................E -19 Attachment A: CAT Service Map ............ ............................... ...........................E -22 Attachment B: Paratransit Service Description ................................ . ...................... E -24 Attachment C: Sample Monthly Summary .. ............................... ...........................E -28 Attachement D: Sample Description of Monthly Fixed Route Invoice Support .................E -29 Attachment E: Sample Monthly Fixed Route Invoice Form ....................................... E -30 Attachment F: Paratransit Cost Proposal .... ............................... ...........................E -31 Attachment G: Medicaid Required Reports.......... I. i ..................... ..........................E -34 Exhibit 3: FTA — Federal Grant Compliance Requii ements ............ ...........................E -35 E -1 COLLIER COUNTY PARATRANSIT SERVICE COLLIER COMMUNITY TRANSPORTATION (CAP) Description of Service Collier County operates a complete brokerage system to coordinate transportation for the disadvantaged citizens. Collier County is considered a complete brokerage, contracting all paratransit and transportation disadvantaged operations to a provider firm. Collier County will contract with Limousines of South Florida, Inc., dba Tectrans, Inc. to plan, operate, and manage CAP paratransit services including: Americans with Disabilities Act (ADA), Transportation Disadvantaged (TD), and Senior/Non- Emergency medical transportation services. Paratransit services are provided to individuals who, because of physical or cognitive conditions, are unable to access the fixed route bus service or when fixed route service is not available in an area and no other means of transportation is available to an individual. Limousines of South Florida, Inc., dba Tectrans, Inc. shall offer and maintain the highest service delivery standards and quality. Three distinct transportation programs are provided under the paratransit program: ADA, TD, and Medicaid. The ADA program provides service to people who reside within '/4 -miles of an existing Collier Area Transit (CAT) fixed route bus service (with origins and destinations within '/4 -miles of a fixed- route), have transportation needs that fall within the CAT service schedule, but cannot access the bus system due to a disability. The TD program provides service to people residing in areas where CAT fixed route bus service is not available, and who have no other means of transportation. The Medicaid program provides transportation for individuals on Medicaid to Medicaid - eligible services who cannot travel by the CAT fixed route bus services and have no other means of transportation. Medicaid service for those eligible TD clients is available seven (7) days a week, 24 hours a day. Nearly all trips have an origin and destination within Collier County. However, out-of-County trips may be provided for Medicaid clients, as necessary and appropriate. CAT provides fixed route bus services to areas throughout Collier County. There are currently nine (9) routes, as shown on Attachment A — Collier Area Transit Route Map, providing service coverage in Collier County. Eight (8) of those routes also operate on Sunday with limited hours. The service area is Collier County, including Naples, Marco Island, and Immokalee. The total population of the service area is approximately 333,000. In FY 2009, a total of 113,385 one- way trips were provided by CAP. Table 1 provides= an overview of the CAP programs statistics from the 2008 Collier County Transportation Disadvantaged Service Plan (TDSP) Maior Update and reports from the Commission for the transportation Disadvantaged (CTD) Annual Performance Reports. E -2 Table 1: Paratransit Program Trend Analysis r a 111Itiat�t �jVVf1.Y�� •p..n, "' t�5 i vF.F n �, . . . . .". . .. ., . . ??XIN 1.. �::.: Potential TD Population 111,054 114,862 118,813 122,912 127,163 14.51% Total Passenger Trips 235,463 264,804 2114,799 190228 344,566 46 30. Paratransit Passenger Trips 132,688 .98,776 161031 104,464 113,385 .14.55% Total Vehicle Mlles 1,368,349 IXO,5 04 1510598 1,320379 137,98 -222% Total Revenue Miles 1201,882 1,035,785 1229,148 1,104,340 1,130,544 .5,941/o Vehicle Miles per Paratransit 10.31 12.66 9.33 12.64 11.80 Passenger Trip 14.43% Vehicle Miles per Passenger Trip 5.81 4.72 7.03 6.94 3.88 - 33.18'/0 Revenue Miles per Paratransit 9.06 10.49 7.59 10.57 9.97 Passenger Trip 10.08% Revenue Miles per Passenger Trip 5.10 3.91 5.72 5.81 3.28 .35.72% Operating Expense $3279,148 S345,858 $3,593,099 $3281,37 $3,652,743 11.39% Operating Expense per Paratransit $24.71 $32,66 $22.19 $31.41 $32.22 Passenger Tro 30.36% Operating Expense Per Passenger Trip $13.93 $12.18 $16.73 $17.25 $10.60 - 23.88% Operating Expense per Vehicle Miles $2.40 $2.58 $2:38 $2.49 $2.73 13.92% Passenger TroslTD Capita 2.12 2,31 1,81 1.55 2.71 27.80% Accidents per 100,000 Mlles 0.88 1.28 1.68 2.8 2.32 163.64% Vehicle Miles Between Road Calls 57,015 11579 84245 45,530 14,084 - 75.30% Source: Florida Commission for the Transportation Disadvantaged (CTD): Annual Performance Reports, ZOOS - 2008 *Discussions with CAT sta, ff revealed that the Federal Transit Administration (FTA) Section 5311 funded trip data had been included in the National Transit Database (NTD) Report for the fixed xed route system. In order to effectively compare these systems, Section 5311 data has been added to the totals reflected above. E -3 Scope of Work The Contractor will provide a turnkey operation, meeting all requirements pertaining to CAP paratransit services, and involving all aspects of paratransit services including administration, operations, planning, and all relevant requirements, of the ADA. A Director of Operations shall administer and manage the program, including submitting timely reports. All reports described in this Scope are due by the fifteenth (15`h) day of each month, unless otherwise stated. Other duties will include the training of all staff, including drivers, dispatchers, reservationists, etc. The Contractor will provide door -to -door shared-ride. demand responsive paratransit services for persons who are eligible for paratransit as defined by the ADA certification process and the 2009 Collier County TDSPj. The Contractor shall adhere and comply with all TDSP guidelines. The Contractor shall adhere and comply with the Medicaid Contract. The paratransit service program is described in Attachment B — Paratransit Service Description. The Contractor will operate the paratransit service program between the hours of 6:00 a.m. and 6:00 p.m. Each of the three (3) paratransit programs has different hours of operation and fare structures, as described here and detailed in Attachment B — Paratransit Service Description. TD and ADA service is provided during the hours when fixed route service runs. Depending upon trip purpose and need, Medicaid trips may be provided twenty four (24) hours a day and seven (7) days per week. After hours calls will need to be forwarded to contract carriers who provide service twenty four (24) hours a day for Medicaid eligible clients. • The ADA program provides demand responsive services during the same hours as fixed route bus services for eligible persons who are unable to use fixed route bus service and reside within '/, -mile of these bus routes. The current ADA base fare is two dollars ($2.00) per one -way trip. • The TD program provides demand responsive services during the same hours as fixed route services for qualifying persons who have been certified by the agency and have a trip need outside of the fixed route bus service area and no other means of transportation available to them. The TD fares vary based on income and range between $2.00 and $6.00 per one -way trip, as appropriate based on the qualifying individual's income. ■ The Medicaid program provides trips for Medicaid eligible services to those persons who cannot travel by fixed route and have no other means of transportation. Medicaid fares are one dollar ($1.00) per one -way trip. Nearly all trips have an origin and destination within Collier County. However, out -of- County trips are provided for Medicaid clients. 3 The 2009 Collier County Annual Transportation Disadvantai Eed Service Plan is available for download from the Collier MPO Website at: https://www.communicationsmgr.com/projects/Collier—Mpo r Admin/docs /Appproved %202009 0/*20TDSP %2OMin or %20Update.pdf E -4 Collier County reserves the right to amend the paratransit fare structure and hours of operation. Please refer to the most recent CAT schedule for current fixed route bus service operating hours. Currently, CAT fixed route bus services operate between 4:00 a.m. and 8:00 p.m. with specific operating hours varying by route. This schedule is subject to changes. Collier County is responsible for notifying the selected Contractor of all changes in schedules and hours of operation. Paratransit service will be provided throughout the year except on the following Holidays: New Year's Day, Memorial, Day, July 4`h, Labor Day, Thanksgiving Day, and Christmas Day. Collier County shall provide the revenue vehicles for use in the provision of these services. Collier County or its representative shall be entitled to conduct inspections of any vehicle used in the operations of the CAP system to determine compliance with contract provisions. If vehicles are not available, the County may contract with the Contractor to provide vehicles, fuel, and maintenance. 1. System Planning and Administration The Contractor is responsible for providing recommendations related to all paratransit planning activities relative to CAT routes, door -to -door demand responsive services, schedules, days and hours of operations, preparation of all planning documents, cost estimates and other such activities relative to overall system administration, pending the County's approval. The Contractor will be responsible for all reporting of paratransit services to the County and the Commission for the Transportation Disadvantaged. The Contractor will have the responsibility to certify passengers of the paratransit service, schedule services, and coordinate meetings as needed. In addition to these general tasks, periodic contract monitoring is the responsibility of the Contractor. The Contractor will be responsible for identifying upcoming funding needs for the system and providing recommendations for pursuing federal, state, and local grants on a quarterly basis. Daily administrative costs and training for employees necessary to meet these responsibilities will be the responsibility of the Contractor. The Contractor is responsible for the preparation and administration of all documentation associated with the operation of the CAP service, as stated in the required reporting section. Collier County will be responsible for purchasing office equipment and costs for equipment repair in meeting system and administration responsibilities. The Contractor will be responsible for the day to day costs associated with performing these functions, including, but not limited to: printing supplies, daily office inventory supply items, etc. for contractor's day to day operational use, not for public distribution. In addition to regular paratransit operations, the Contractor will, from time to time, be required to attend and provide special event transportation services within the CAT service area using CAT vehicles. All passenger fares (if any) for the special vents service are the property of the County and are to be accounted for and deposited using tl.e same procedures followed for the regular operations on the paratransit service. E -5 The County is responsible for reviewing and printing of all documents for distribution to the public. For example: schedule passes, tickets, tokens or cards, etc. The Contractor will be responsible for maintaining an inventory of schedules, passes, tickets, and tokens or cards, and providing the County with sufficient notice for preparing and printing these items. The Contractor will be responsible for distributing these materials as appropriate. The Contractor is responsible for preparing a monthly report of the bus pass usage by type and provides such report to the County 2 Vehicle Servicing The Contractor shall operate an adequate number of vehicles in service at all times to efficiently provide the required service, allowing an adequate spare ratio for routine maintenance to be scheduled. The Contractor will establish a schedule for routine maintenance of vehicles as well as regular communications with Collier County staff and the responsible entity for the vehicle maintenance program to determine maintenance schedules, non - routine maintenance reporting and scheduling procedures, and acceptable timelines for vehicles in shop and out of service. A vehicle maintenance program is required to be coordinated with County staff and must include at least schedules for vehicle preventive maintenance, safety inspections, and vehicle repair records. The vehicles shall be maintained per the manufacturer's instructions and warranties. The Contractor agrees to use the vehicles, in a careful and proper manner for the intended service only and to comply with all federal, state, local, or other governmental laws, regulations, requirements and rules with respect to use, maintenance, and operation of the vehicles. The vehicles shall not be operated beyond the limits established in the applicable policies of insurance as hereinafter set forth, and may only be used for the transportation of passengers. The Contractor shall establish a communication protocol with Collier County staff and the responsible entity for vehicle maintenance to identify vehicles which need preventive maintenance, and those which are in need of non - scheduled maintenance as identified through pre -trip and post -trip inspections of vehicles on a daily basis. The Contractor will ensure that all drivers properly complete and report body and mechanical defects on any vehicle. The Contractor shall accomplish this by utilizing Zonar; the new electronic pre-trip and post -trip monitoring system for vehicle maintenance inspections and reports. A Vehicle Pre-Trip Inspection Sheet will be prepared each day for each vehicle, and completed by the driver to indicate that he /she has checked the vehicle for body and mechanical defects prior to commencement of the driver's first run of the day. A Post -Trip Inspection Sheet will be prepared at the completion of the vehicle route for the same day. Daily records of pre -trip and post -trip inspections will be maintained by the Contractor, and provided to Collier County as requested by the County. The wheelchair lift on I each vehicle shall be cycled once prior to departure for service each day. E -6 In the event that towing of any County -owned vehicle is required due to mechanical failure, damage, etc., the Contractor shall be responsible to arrange such towing, through a company selected by the County. Towing costs for all County -owned vehicles will be paid for by the Contractor. The Contractor shall perform daily vehicle inspections, maintain Iogs of daily serving, and schedule and report all service activities necessary to operate all paratransit vehicles and equipment safely and efficiently. Daily vehicle inspections and maintenance responsibilities shall include, but not be limited to: • Recording field usage and charting bus fuel use by vehicle • Re- fueling of fixed route vehicles at the end of service • Scheduling and performing regular vehicle service activities, as follows: ■ Engine oil, coolant, transmission fluid, and windshield washer service needs ■ Fare box vault pulling and replacement • Tire inspection (air pressure, tread depth, and wear) ■ Brake check • Exterior and interior light operations • Interior sweeping and dusting • Exterior and interior visual inspection • Identify unreported damage The Contractor shall develop, implement, and maintain a written checklist of items included in the daily inspection and/or servicing of each vehicle. The checklist shall be computerized and kept on file for the County review for five (5) years. 3. Maintenance and Cleaning Responsibilities The Contractor shall maintain buses in a clean and neat condition at all times as described below. Vehicle exteriors and wheels should be washed at least once per week or as necessary to maintain a neat appearance. In addition, all vehicle interiors shall be cleaned, including trash removal, sweeping, vacuuming, or mopping, as needed after each day's use. Ceilings, windows, dashes, walls, stanchions, and grab rails shall be thoroughly cleaned once per week or as necessary. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as necessary, but at least quarterly, and' upholstery damage shall be scheduled for repair immediately upon discovery. The cost of upholstery repairs shall be the responsibility of the County. Rubber or vinyl exterior components such s tires, bumper fascia, fender skirts and door edge guards shall be cleaned and treated with 4 preservative as necessary to maintain an attractive appearance and consistent with the bus wrap vendor's maintenance suggestions. All regular cleaning supplies shall be the responsibility of the Contractor. E -7 Buses shall be kept free of vermin and insects at all times. The Contractor shall be responsible for monthly pest control treatment and exterminating all vermin and insects from all vehicles immediately upon their discovery, The contractor shall utilize safe, non - hazardous and Environmental Protection Administration (EPA)- approved insecticides/materials. The Contractor shall maintain facilities provided for their use in a clean and neat condition at all times. If necessary the Contractor shall maintain the facilities by removing trash, sweeping, vacuuming or mopping in order to maintain an attractive appearance at all times. All facility repairs shall be reported to the County utilizing the Facilities Department's Work Order System. 4. Safety Program A written safety program shall be developed and maintained by the Contractor which includes safety policies and practices, accident procedures and reporting, and other training materials and documented in the system Safety Program Plan (SSPP) and the System Security Emergency Preparedness Plan (SSEPP). Collier County will conduct an annual System Safety review of the Contractor to comply with safety requirements of Chapter 14 -90, Florida Administrative Code (FAC). The Contractor shall have a documented safety program that includes the following components: • Accident Response Plan • Accident Review Process and Analysis • Detennination of an accident as preventable or non - preventable, utilizing the National Safety Council (NSC) guidelines • Employee Retraining Provisions • Driver Incentive Provisions • Programs and methods to be utilized to promote safety awareness • Employee training and required certifications The Contractor shall participate in tabletop, emergency preparedness and training exercises as requested by the County. The contractor is considered essential personnel and shall be available upon request for evacuation and transportation for any emergency events 24/7. S. Drug & Alcohol Testing Program The Contractor shall administer a drug and alcof Iol (D &A) program which meets all of the Federal and Collier County requirements. CAP is re juired to perform D &A testing in accordance with United Stated Department of Transportation (I JS DOT) and Federal Transit Administration E -8 (FTA) regulations, as defined in Title 49 Code of Federal Regulations (CFR), Parts 40 and 655. The selected Contractor will be required to perform D &A testing in accordance with Collier County's Risk Management policies as well as US DOT and FTA requirements. As a sub- contractor, the selected Contractor must have a Substance Abuse Testing Program in place which meets all the criteria of the US DOT, the FTA, and Collier County. The selected Contractor will be required to incorporate these requirements into their program. The Contractor agrees to produce documentation necessary to establish its compliance with Title 49 CFR, Parts 653 and 654; and to permit any authorized representative of the US DOT or its operating administrations, the Florida Department of Transportation (FDOT), or Collier County to inspect facilities and records associated with the implementation of the D &A testing program required by Title 49 CFR, Parts 653 and 654. Documentation of test results will be maintained in personnel files by the Contactor and shall be made readily available for inspection by Collier County. The Contractor will send a monthly compliance letter to the County as proof of compliance with the program. Late reports are subject to a Late Report Charge of five hundred ($500.00) per day after the 15a' of each month. It is understood that failure to comply with any requirement outlined in Title 49 CFR, Parts 653 and 654, or failure to submit any required certification or documentation shall be considered a material breach of contract and grounds for contract termination under for -cause provisions. Collier County has a zero tolerance for positive D &A tests and requires the same policy to be enforced by the Contractor. 6. Equal Employment Opportunity (EEO /Affirmative Action Program) The Contractor must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, State, and County policies. The Contractor shall prepare an EEO program that complies with FTA Circular 4704.1: "Equal Employment Opportunity Program Guidelines for Grant Recipients" and submit to Courity by January 15"' of each year. The Contractor will update the program as needed and submit it annually to the County. Z Background CheckJTraining of Drivers The Contractor will administer a background check of all drivers (including subcontracted drivers) before participation in the program, as described in detail below. It is important that CAP provide professional and consistent levels of safe, high quality service to all riders. The Contractor must meet and/or exceed Collier County standards regarding eligibility to drive a County vehicle. All drivers, including subcontracted drivers, utilized in CAP service must meet the following employment standards: • Each driver must pass an FDOT pre - employment physical examination certifying they are physically able to perform the essential functions of the job with or without reasonable accommodations and an updated physical examination record must be submitted every two (2) years. • Each driver must have a Department of Motor Vehicles (DMV) Report completed prior to driving any vehicle in service. • Each driver must pass a pre - employment D &A test prior to driving or performing any safety sensitive functions. • Each employee must pass a background check for criminal offenses to carefully screen personnel that have direct contact with clients /riders. Any applicant for a driving position shall not have been convicted of a felony and/or a variety of misdemeanor offenses. A criminal background check must be completed prior to driving any vehicle in service. A driver may not have any felony convictions, or have been convicted of any crimes against children or financially exploiting a person with a disability. This background check must include a comprehensive out of state review. • Each driver must possess and maintain a Commercial Driver's License (CDL) with the proper endorsements. • Each driver must be a licensed driver for a minimum of three (3) years. • Each driver must possess a safe driving record. • Each driver must comply with all federal, state, and municipal requirements. for substance abuse testing. • Each driver must be dressed in appropriate attire that consists of a uniform, to be provided by the Contractor. The Contractor is further required to: • Conduct mandatory monthly safety n meetings shall include an opportunity ft other and various staff members which i • Check DMV records for each driver Y Meetings for all drivers. In addition, driver drivers and supervisors to interact with each ake up the operations team. it least every six (6) months for accidents, E -10 violations, and valid driver's licenses of all vehicle drivers. A driver must have an acceptable driving record of not more than seven (7) points in the last three (3) years and no DUI convictions within the last five (5) years. ■ Ensure appropriate level of back -up /extra board drivers to ensure continuity of service. ■ Ensure vehicle drivers adhere to policies regarding professional behavior such as smoking, eating, drinking, cellular telephone usage, appropriate music selection, and volume, etc. ■ Ensure each driver and road supervisor have an accurate clock or watch (set daily) displaying hours and minutes available and in clear sight at all times during the operation on any vehicle. ■ Provide appropriate employee training in accordance with FTA and FDOT requirements, to include at minimum: 1. Ensure that all employees complete a Customer Relations Course 2. A minimum of 60 hours of training prior to driving a vehicle in service. 3. Passenger Assistance Technique (P.A.T.) — At least four (4) hours of instruction on passenger assistance, approved by Collier County. This training must satisfy the paratransit service Passenger Assistance Training/ Sensitivity requirement of Rule 14 -90. The Contractor's trainer shall conduct and document an on -board evaluation with each operator. Training shall include elderly and disability sensitivity components, passenger relations and assistance, passenger handling, securement of wheelchairs, use of seatbelts, assistance to the visually impaired, and dealing with service animals. 4. Adult and juvenile Cardiopulmonary Resuscitation (CPR) training including general first aid, proper response to emergency medical needs of riders, and hazardous waste disposal procedures. 5. Defensive Driver Training per the National Safety Council standards or an equivalent course approved by Collier County. 6. Vehicle breakdown, accident, passenger incidents, adverse weather and other emergency /safety procedures including emergency vehicle evacuation. 7. Policy instruction, such as trip scheduling, service hours, service area, complaint procedures, wait time, fare structure, transfers locations, ADA operation, etc. 8. Vehicle and equipment operations, including proper two -way radio protocol, wheelchair and scooter securemenl, ramp operations, and operation of any automated devices installed in the vehicle. 9. Knowledge of service area, map re4ding, address locating, and familiarity' with streets and landmarks. 10. Safe operation of vehicles and post-accident procedures. 11. Post Accident Retraining is required J or a driver after a preventable accident. E -11 12. Sensitivity training to develop skills and increase understanding of people with disabilities, all sexual orientations, diverse cultures, races, and ages. 13. Familiarity with the completion of necessary paperwork such as trip sheets (manifest), pre -trip inspection forms, accident reports and incident reports. The Contractor shall develop, implement, and maintain a formal training and retraining program, which shall be subject to review and approval by the County. All operators, dispatchers, customer service personnel, supervisors and managers shall participate in the program. Training costs for this program will be the responsibility of the Contractor. All employees having contact with the public must complete a Customer Relations course. The purpose of the course is to help provide employees with skills in providing quality customer service to passengers and the public. As part of the training program, the Contractor shall prepare and distribute to all operators, dispatchers, telephone operators, and supervisors a Driver's Manual. Contents of the Driver's Manual shall include the following subject areas: driver's rules; accident/incident policies; radio policies and procedures; fare box policies and procedures; fog and inclement weather policy; vehicle inspection, care and maintenance policy and procedures, reporting procedures and pertinent sample forms. The Contractor must certify in writing, by name, each individual operator as having satisfactorily completed all requirements and training courses prior to allowing that individual operator to operate a bus in revenue service. The Contractor must provide Collier County with evidence that all drivers have completed the training program offered by the Contractor prior to driving and as required. The Contractor shall ensure that all drivers receive refresher classes or repeat new employee training at a minimum of four (4) hours every year. Drivers - must obtain CPR certification annually and first aid certification every two (2) years. The Contractor shall provide Collier County with quarterly updates of Driver Rosters. Each roster entry shall indicate at a minimum: driver's name, address, date of birth, date of hire, driver's license number, expiration date, training dates, latest D &A test, and Motor Vehicle Record (MVR) review date. Ongoing training classes shall be included as part of the quarterly report. Additional training, above and beyond those outlined in this scope of services, and will be paid by the County. The Contractor will be responsible for ensuring that all employees are proficient and knowledgeable to perform job responsibilities. General training for tasks related to required job responsibilities will be the responsibility of the Contractor. The Contractor shall maintain all training progr"s and keep records documenting course completion in each employee's personnel file. Thy Contractor shall provide documentation of the formal training program to Collier County stff annually, and inspect all subcontractors quarterly to ensure compliance with training progiuns. The Contractor shall make available a complete copy of all course outlines, instructor information, training materials, and handbooks E -12 pertaining to paratransit training to Collier County for review and approval. Collier County staff may attend training sessions given by the Contractor. The Contractor shall require all personnel providing transportation to maintain driver licensing and registration requirements and maintain acceptable MVR's. Documentation to support these requirements shall be filed with or made available to Collier County by the Contractor. It is understood that failure to comply with any background screening or training requirements listed above or failure to submit any required certification or documentation shall be considered non- performance. The Contractor must conduct checks and administer oversight to ensure that all driver requirements are met subject to the following standards and penalties: o Standard far MVR Reviews: The Contractor shall review driver's MVR's at least once every six (6) months. Compliance shall be monitored by Collier County personnel on a random basis. o Standard for Background Screening Reviews: The Contractor shall update employee background screening at least once every six (6) months. Compliance shall be monitored by Collier County personnel on a random basis. o Disincentive Charze: Failure to meet driver licensing and registration requirements, as stated above, shall result in a charge of one thousand dollars ($1,000) per incident. 8. Buy America Program The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide. that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. Separate requirements for rolling stock are set out at 49 U.S.C. 53230) (2) (C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. Collier County will provide pre and post delivery inspections for compliance with Buy America provisions. The Contractor will be responsible for all training expenses related to compliance with this program. E -13 9. Reports Timely and accurate reports and records will be submitted to Collier County. Collier County views statistical reporting as a critical element of effective service planning, service quality evaluation, and policy development. It is, therefore, deemed important that the proposer assign staff with the qualifications and time to edit files, create, and evaluate reports using the scheduling /dispatching software, and other automated and/or manual methods. The following guidelines are provided as basic information regarding the nature of reports that will be required during the course of this contact. Attachment C of Exhibit I provides detailed information on reporting currently required. Collier County from time to time may require changes in forms, record keeping and/or reporting procedures to serve the needs of the agency. Service Delivery Records: The Contractor shall prepare and maintain all service delivery records and provide the operating statistics to Collier County no later than the fifteenth (15`h) day of each month and submit to Collier County. The Contractor shall also complete and submit to the County the Annual Operating Report (AOR) data by July Is`- The Contractor shall also input and submit monthly (by the fifteenth (15'') of each month and annually (by December 15th each year) National Transit Database (NTD) data in the NTD system and provide to Collier County for required review and final submittal to the federal government by the County. These annual reports will be presented to Collier County in draft form at least fifteen (15) days prior to their due dates for review and approval. Standard for State and Federal Data Reports: The Contractor shall assist Collier County to collect annual and monthly data on service by reporting information including, but not limited to, collection of detailed passenger boarding and alighting counts, total paratransit passenger trips, passenger miles, vehicle revenue miles, vehicle revenue hours, operating expenses, passenger trips, operating expenses per revenue hour, operating expenses per passenger trip, passengers per revenue mile, passengers per revenue hour, administration of questionnaires, and shall provide additional data as requested using forms approved by Collier County. Disincentive Char _ae: A late report charge of two hundred dollars ($200) per day, after the fifteenth (15" day of each month, will apply for untimely reports. Penalties will apply to reports identified in the County's standard operating procedures or required for FTA triennial review compliance and annual state management reviews. a. Trip Summary Records: The Contractor shall prepare, maintain, and verify 411 trip summary sheets in a format approved by Collier County. These reports shall be entered into a spreadsheet or database program to track daily, weekly, monthly, and annual paratransit se ice statistics and trends, including boarding and alighting counts and on -time performance on trip level using a County approved form. E -14 The Contractor shall work with the County to establish mutually acceptable procedures to record and measure on -time performance for paratransit service. Information will be furnished with the monthly invoice. The Contractor shall receive no reimbursement or payment for service that is not supported by a trip sheet or a trip record. b. Callback Sheets: The Contractor shall prepare and maintain callback listings on a daily basis on a form agreed to by Collier County. The Callback Sheet is a form maintained by the Contractor documenting every call to a rider advising that the vehicle will be ten (10) or more minutes early or late, changes to the pick -up window or appointment time, or updates to the rider's schedule. c. Revenue Reports: The Contractor will develop revenue procedures to assure that revenue collection, reconciliation, reporting, and deposit procedures meet industry standards and conform to Federal, State, and County requirements. These procedures must conform to Collier County cash management policies and are to be submitted to Collier County for review and approval. The Contractor shall also provide written documentation on daily reconciliation activities such as ticket sales, cash, total revenue, and total deposit, The Contractor shall also provide farebox reporting including a daily and monthly revenue and ridership, daily farebox data verification, daily exception reporting, and daily security reporting. d. Incident Reports: The Contractor shall immediately report any unusual occurrence or conflict with a rider or other person(s). e. Accident Reports: The Contractor shall provide written documentation for any vehicle accident. Collier County will receive written copies of incident and accident reports within twenty four (24) hours of occurrence. A charge will be assessed for late reports. The Contractor shall open or provide all records relative to this contract for inspection upon request. The Contractor shall retain intact all documents, financial records, and supporting documents, for at least three (3) years following contract closeout. Every accident or any incident involving a rider /passenger, with or without bodily injury or property damage, must be reported to Collier County immediately but no later than two (2) hours after the occurrence. A written report must be provided within twenty four (24) hours, and a full report with photographs and police report must bef submitted within seven (7) working days of the accident /incident. A charge will be assessed for late reports. The Contractor must have a supervisor respond to the accident scene. A s Ymmary of monthly accident and incident occurrences shall be part of the monthly report. f Pre -Trip and Post -Trip Inspection Check Sheets: E -15 The Contractor wiII ensure. that all drivers properly complete and report body and mechanical defects on any vehicle. The Contractor shall accomplish this by providing and utilizing Zonar; the new electronic pre -trip and post -trip monitoring system for vehicle maintenance inspections and reports. A Vehicle Pre-Trip Inspection report will be prepared each day for each vehicle, and completed by the driver to indicate that he/she has checked the vehicle for body and mechanical defects prior to commencement of the driver's first run of the day; A Post -Trip Inspection is report will be prepared at the completion of the vehicle route for the same day. Daily records of pre -trip and post -trip inspections will be maintained by the Contractor, and provided to Collier County as requested by the County. g. Disadvantaged Business Enterprise (DBE) Reporting: The state's Disadvantaged Business Enterprise (DBE) program provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. The County will be responsible for submission of all the reports for the DBE Program. The Contractor will be responsible for monitoring subcontractors, reporting any changes in DBE participation, providing evidence of good faith efforts and submitting required forms as provided by the County to ensure DBE compliance. h. NTD Reporting (formerly FTA Section 15): The Contractor will input and submit monthly (by the fifteenth (15th) of each month) and annually (by December 15th each year) NTD reporting information to the County for required review and electronic submittal to the federal government. The Contractor shall participate in odometer sampling audit days every eighth (8 1h) day throughout the calendar year to collect needed data for the NTD and/or to verify the accuracy of Mobile Data Terminals (MDT's) or other automated data collection equipment, if used by the Contractor. In the future, CAT may use Computer Assisted Dispatching (CAD) and Automatic Vehicle Location (AVL) systems as a new tool for managing demand response service. MDT's feed critical information into scheduling software to assign trip requests to specific routes. The system also helps to identify vehicles that are beginning to fall behind schedule, which allows dispatchers to be more proactive in problem- solving. Today, this information is primarily tracked using dispatch/scheduling software reports and the surveying schedule. is confirmed for reporting compliance by the County. i. Medicaid Reports: The Contractor shall provide the required reports from the Florida Commission for the Transportation Disadvantaged (CTD) for Medicaid rips by the due date requested on the table in Attachment G — Medicaid Required Reports. j. Community Transportation Coordinator (CTC) Statistical Summary: E -16 For each calendar month, the Contractor shall prepare a summary report for the Monthly CTC Statistical Summary. The report is finalized by Collier County with data compiled from the scheduling/ di8patch software program.: Attachment C - Sample Monthly Summary is an example of an acceptable summary report. k. Quarterly Personnel Records The Contractor will provide quarterly personnel reporting including a listing of all employee positions by department and classification, as well as information on position vacancies and required positions. The Contractor, will :also provide a quarterly listing, by department, of all employees in training. 1. Monthly Substance Abuse Test Results Summary: The Contractor will provide a monthly summary report for random D &A screening results for all safety sensitive positions. This report shall show time and date testing was completed. m. Fleet Fuel Reports: The Contractor will report monthly vehicle fuel consumption and any variances. n. DispatchlScheduling So)?ware Reports: The Contractor shall review and verify the following information on a daily basis, by vehicle and by total fleet: • Vehicle service hours • Vehicle revenue miles • Vehicle total miles • No shows, late trips and missed trips, detailing cause • Vehicle breakdowns and road calls • MDT, silent alarm and/or radio downtime • Consumer and public complaints, comments, and compliments • Actual fare box and donation collection amounts Collier County shall have full access to all Contractor records at the operating facility. Full cooperation shall be provided from the Contractor for the Collier County monitoring program. Collier County's direct involvement in the day - today operations of the service shall include, but, not be limited to: on- street monitoring of drivers and vehicles, inspections of equipment, customer service functions, contract compliance oversight, and quality control. Collier County shall conduct unannounced periodic inspections to determine whether the operations meet the required specifications. Additional quality surveys 4nd monitoring may occur through the use of a paratransit "mystery rider" program under the dire�tion of Collier County. E -17 Collier County, as well as the Contractor, shall peffform on- street monitoring of actual trips to include, but not limited to: • Spot inspections • On -time performance • Knowledge of service area and routing • Driver assistance • Manifest accuracy and completeness • Driver appearance • Vehicle appearance • Wheelchair lift condition and operation • Wheelchair securement systems condition and use thereof ■ Safety equipment ■ Driving habits ■ Compliance with Florida Motor Vehicle Regulations The Contractor must record daily the following information: • Actual pick -up and drop off location • Actual pick -up and drop off time • Actual mileage reading at pick -up and drop off of each passenger • Total cancellations • Total no -shows • Total missed trips • Vehicle miles (revenue miles, deadhead miles, total) • Vehicle hours (revenue hours, deadhead hours, total) The Contractor must provide Collier County a service data summary and a monthly report for each component of service for the previous month by the fifteenth (15th) of each month. This must include, but is not limited to the following: • On time performance reports comparing the actual pick -up and drop off times to the schedule for all trips during the month. • Invoice should include the total number of individual trips and multi -load trips, and also include the total number of Personal Care Attendants (PCA's). • Client billing must be sorted in chronological order by date and vehicle number, and must include origin and destinati n, as well as unit cost per trip. • Client billing must also be sorted all habetically by client, and include total trips taken for the month and the unit cost Der trip. E -18 The Contractor will provide the following monthly reports to Collier County: • Total weekday passenger trips (ambulatory and wheelchair) • Total Saturday passenger trips (ambulatory and wheelchair) • Total Sunday passenger trips (ambulatory and wheelchair) • Total cancellations ■ Total no shows • Total missed trips • Total PCA's • On time performance reports • A summary of monthly accident occurrences • Other summary reports as needed to document charges for services • Weekday vehicles miles (revenue, deadhead, total) • Saturday vehicles miles (revenue, deadhead, total) • Sunday vehicles miles (revenue, deadhead, total) • Weekday vehicle hours (revenue, deadhead, total) • Saturday vehicle hours (revenue, deadhead, total) • Sunday vehicle hours (revenue, deadhead, total) Other additional reports will be required during the term of this contract. These include a System Safety Procedures Plan (SSPP) and quarterly updates of Driver Rosters. Each roster entry shall, at a minimum, include: driver's name, address, date of birth, a criminal background check prior to employment, date of hire, driver's license number, expiration date, training dates, latest D &A test, and MVR review date. 10. Customer Service The Contractor will be held to the highest standards for customer service. Collier County is responsible for providing telephone equipment to receive reservations and provide telephone information for paratransit service. A sufficient number of lines shall be provided to accommodate peak hours, including a private line for administrative use. Telephones shall be staffed by the Contractor from 6:00 a.m. until 6:00 p.m., weekdays. The Contractor shall provide an adequate number of persons to staff the customer service functions. a. Public Comment /Commendation and Complaint System A main focus of the Customer Service Program is handling all customer /public inquiries, complaints or commendations received by mail, fad, a -mail, phone, or in person. All inquiries, complaints, or commendations shall be recorded i i a permanent customer comment form and entered into a customer service log (i.e. Microsoft xcel Spreadsheet). The comments are to be routed to the appropriate Department for research and follow -up actions. Detailed questions and E -19 all complaints must receive follow -up responses to customers within two (2) working days of receipt. An important requirement of the program is supervision of information responses to assure quality control, accuracy, and customer service. In addition, the Contractor shall monitor and schedule personnel necessary to effectively respond to incoming calls at a quality level consistent with customer demand. b. Advance Reservations and Schedulin-a Service The Contractor shall accommodate ADA next day advance reservations and up to fourteen .(14) days advance reservations. The Contractor shall develop guidelines and criteria for approving, denying, and re- scheduling trips consistent with Federal, State, and local regulations. These scheduling guidelines and criteria shall be consistent with the TDSP and approved by the Local Coordinating Board (LCB). Any requests that cannot be met will be logged as trip denials. The Contractor shall document trip denials, including the time of day, reason for denial, and trip purpose. Reservations staff will handle calls for trip reservations, inquiries, cancellations, subscription requests, special service needs, and calls to customers when late or unable to locate a rider. The Contractor shall provide an adequate number of persons to staff the paratransit scheduling function. Collier County will provide an automated trip management system to record reservations; assist in producing the schedules, dispatching trips, verifying trips, and invoicing. CAP currently uses Route Match software. The Contractor must be knowledgeable in all aspects of service operations and scheduling/ dispatching procedures. The Contractor's personnel shall accurately account for rider trip information and efficiently and effectively schedule trips. Standards for Schedule: • 100% of all standing orders will be pre- assigned to routes on a daily basis. • Overall, 95% of daily trips will be scheduled to assigned vehicle routes. • Trips will be scheduled so that customers will arrive at their destinations on time. • Trips will be multi - loaded to achieve maximum efficiency. • For each call, the call taker shall, at a minimum, record the following information: • Name of caller • Funding component of servic(t • Caller's Paratransit Service II0 Number 5 • Pick -up location/drop off location • Pick -up time /drop off time • Return pick -up location and r turn drop off location • Return pick -up time and retur i drop off time E -20 ■ Telephone number where caller can be reached ■ Number in party ■ Mobility needs c. Photo Identification Cards The Contractor will be required to prepare and issue identification cards to the elderly and disabled for federal fixed route discount fare benefits. Collier County is responsible for providing equipment for this task. The Contractor will record information and prepare an identification (I.D) card at the CAT facility for all eligible passengers requiring the discounted fare. Information on the recipients will be entered and maintained on a database, along with copies of appropriate documentation verifying individual eligibility. This information will be available for County review /access. E -21 Attachment A: CAT Service Map COLLIER AREA TRANSIT CALUER cd1Y7Y . tRtRl/N YOMAY•SATORWIY 1. V Viv THE 111RRRFECT RIDE NR MrAwlIRMOIM�iYiNM !!!� �W � O CRYCF RAKM . cr7�:- .c-Ta�sa'T.t E -22 Attachment A (Cont'd.) E -23 Attachment B: Paratransil Service Description The following service parameters are based on the 2010 Collier County TDSP and information obtained from the Florida Commission for the Transportation Disadvantaged (CTD). The Collier County Board of County Commissioners (BCC) serves as the Community Transportation Coordinator (CTC) for Collier County. The BCC operates the Collier County paratransit services through its' Alternative Transportation Modes Division. The County operates its transit services as a complete brokerage with all fixed route bus services, paratransit services, and transportation disadvantaged operations provided by a Contractor. The Contractor will schedule trips, invoice the County- on a monthly basis, and obtain prior authorization for all paratransit trips, including Americans with Disabilities Act (ADA), Transportation Disadvantaged (TD), and Medicaid trips. Service Area The Contractor agrees to operate demand responsive paratransit service within Collier County. Collier County occupies a land area of 2,026 square miles and is one of the largest counties in Florida. Broward and Dade counties are located on Collier's eastern border, Lee and Hendry counties are on the northern border, and Monroe County is on the southern border. The County consists of three incorporated areas: Naples, Everglades City, and Marco Island. Collier County is located in the Bonita Springs - Naples urbanized area, as designated by the Year 2000 Census. In 1950, the number of residents in Collier County was 6,488; by 1980, that number had grown to 85,000. In 2000, the population was 251,377. Population estimates for 2007 (2007 American Community Survey, US Census Bureau) report 315,839 residents. From 1990 to 2007, the population of Collier County increased from 152,099 to 315,839, an increase of 108 percent, Table 3 shows the a Collier County TD population and includes a percentage of the TD population compared to the total population in the County. Table 3: Collier County Potential TD Population 2004 -2009 c + ;' ONE #�g Y�j�3 ,€cif•" a sxaw!�. +�to,� �,.}'3r.P.i 2004 103,718 36.18 2005 111,054 36.27 2006 114,862 37.51 2007 118,813 37.39 2008 122,912 36.81 2009 127,163 38.20 Source: Florida Commission for the Transportation Disadlantaged ,Annual Performance Reports, 2004 -2009 E -24 Hours and Days ofService The Contractor will operate the paratransit service program between the hours of 6:00 a.m. and 6:00 p.m. Each of the three paratransit programs has different hours of operation. TD and ADA service is provided during the hours when fixed route service runs. Currently, CAT fixed route bus services operate between 4:00 a.m. and 8:00 p.m. with specific operating hours.varying by route. Please refer to the most recent CAT schedule for current fixed route bus service operating hours. This schedule is subject to changes. Collier County reserves the right to amend the paratransit hours of operation. Collier County is responsible for notifying the selected Contractor of all changes in schedules and hours of operation. Depending upon trip purpose and need, Medicaid trips may be provided 24 hours a day and seven (7) days per week. After hours calls will need to be forwarded to contract carriers who provide service 24 hours a day for Medicaid eligible clients. Paratransit services will be provided throughout the year except on the following Holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day), The Contractor agrees to shift service hours, if needed, to meet demand. Fares The Collier County fare structure is included in the Operations Element of the 2008 Collier County TDSP. As noted in the TDSP, Collier County coordinates three (3) distinct transportation programs for disadvantaged citizens including: (I) Americans with Disabilities Act (ADA); (2) Transportation Disadvantaged (TD); and (3) Senior/ Non - Emergency medical transportation services. The Contractor is responsible for collecting the full fare from each passenger. Each paratransit program has a different fare structure and co -pay depending upon which transportation program (ADA, TD and Medicaid) the trip is conducted under, as outlined below. ADA Program Co -Pay Those individuals who reside within 3/4 mile of an established bus route, but cannot use regular fixed route service because of a disability. The base fare, for this service is two dollars ($2.00) for a one -way curb -to -curb trip. Transportation Disadvantaged Co -Pay Includes qualifying individuals located in areas where fixed route service is not available and who have no other means of transportation. Transportation availability in the household may eliminate eligibility. The fare for TD trips ranges between two dollars ($2.00) and six dollars ($6.00) per one way trip, based on income. Medicaid Program Co -Pay Medicaid program trips are offered for thosId 'persons who cannot travel by fixed route and have no other means of transportation. ransportation availability in the household may eliminate eligibility. Medicaid sponsor trips are subject to Medicaid verification E -25 of eligibility. Medicaid clients are required to pay a one dollar ($1.00) co -pay before each trip. RATE AND FARE STRUCTURE The Collier County rate structure is based on the .type of trip in the service area and included in the 2009 Collier County TDSP, as required by the CTD and detailed below. CTD CALCULATED RATES MEDICAID Ambulatory Random Trip $ 28.44 Ambulatory Group Trip $ 13.84 Wheelchair Random Trip $ 48.76 Wheelchair Group Trip $ 48.76 Stretcher Trip $ 101-59 + mileage rate Hourly Rate $ 53.51 Out of Area Trip (Medicaid Only) Base Rate + mileage rate CTD CALCULATED RATES PARATRANSIT -TD Ambulatory Trip $ 16.47 Ambulatory Group Trip $ 8.08 Wheelchair Trip $ 28.24 Stretcher Trip $ 80.00` Escort $ 5.00 Source: 2009 Transportation. Disadvantaged Service Plan *Stretcher trip rates were updated as of March 2010 E -26 Trip Purpose Restrictions and Prioritization The prioritization for trip purpose is shown below. Trip Purpose Prioritization — Collier County Local Coordinating Board (LCB) Priio ` P tae -- Cade �t niti�€s MEDICAL -- medical, dental, or therapeutic services including hospital appointments; I clinic visits; dialysis; health department; speech, occupational, physical therapies; s chiatric, psychological services. EMPLOYMENT -- work or employment training education such as Job Service and 2 vocational technical schools. a. Permanent disability employment trips b. Elderly or Low Income employment trips 3 NUTRITIONAL -- adult congregate meal programs, breakfast programs, food stamp procurement and food shopping trips. GROUP RECREATION for disabled passengers -- Group trips booked through a single 4 reservation request for non - essential, non - employment related activities such as: bowling, bingo, beach, parks, restaurants, libraries, or theaters. A group is defined as a minimum of four 4 passengers having either the same trip origination or destination. SOCIAL for agency - related activity -- Support services such as those through Department 5 of Children and Families, Department of Vocational Rehabilitation, mental health centers, churches, senior citizen programs. This includes civic responsibilities (governmental services, voting), but excludes nutritional programs. GROUP RECREATION for elderly or low- income passengers -- Group trips booked through a single reservation request for non - essential, non - employment related activities 6 such as: bowling, bingo, beach, parks, restaurants, libraries, theaters. A group is defined as a minimum of four (4) passengers having either the same trip origination or destination. PERSONAL BUSINESS -- non- agency activities essential to maintenance of 7 independence including banking, shopping, legal appointments, etc. a. Disabled, elderly or low income b. Trips for persons with a self - created transportation hardship Source: 2008 TDSP Subscription Service No more than fifty (50) percent of the paratransit service will consist of subscription service, with a limit of seven (7) trips per person per week. Eli- - iibility The Contractor will administer the ADA Eligibility Certification process. E -27 Attachment Q Sample Monthly Summary CItiLJft Monthly Summary For The Month Endin DESCRIPTION Weekda turday Sunday Holiday TOTAL AMBULATORY WHEELCHAIRS ATTENDANTS COMPANIONS TOTAL AVERAGE - NUMBER OF DAYS ',. :, t>4 :.5 DESCRIPTION Weekday Saturday Sunday 1 Holiday RVH Avera a RVH PASS. /RVH TOTAL MILES ESTIMATED REVENUE MILES ON TIME PERFORMANCE ADA CAPACITY TRIP DENIALS PASSENGER NO -SHOWS CANCELLATIONS WILL CALLS —' PERCENTAGE OF DENIALS TO TOTAL RIDERSHIP PERCENTAGE OF NO -SHOWS TO TOTAL RIDERSHIP PERCENTAGE OF CANCELLATIONS TO TOTAL RIDERSHIP PERCENTAGE OF WILL CALLS TO TOTAL RIDERSHIP COMPLAINTS PROCESSED COMMENDATIONS RECEIVED ROAD CALLS TELEPHONE HOLD TIME MINS. ACCIDENT DAMAGE, PRIOR MONTH ,a' ,i�ir �l�•`�'�.° ,yam �.x� L- _ _ �•�. sS 'C�yVf .i'. l�,.L�^Y "�#i .A�� DESCRIPTION I Collisions Passenger NONPREVENTABLE PREVENTABLE -- - -_ - -4 __ - EMPLOYEES DRIVERS OFFICE MAINTENANCE STAFF TOTAL FULL -TIME EQUIVALENT HIRED LEAVE OF ABSENCE OFF PAYROLL E -28 Attachment D• Sample Description of Monthly karatransit Invoice Support The County shall pay the Contractor based on the following schedule: Section 1. Expenses. The estimated costs for the contract are based upon the total amount of trips multiplied by the county approved per trip rate. However the actual reports depicting the amount and type of trips for the compensation period should be included as support documentation with the invoice. Section 2. Fares. The Contractor shall collect fares from each passenger. Such fares shall be reported to the County monthly. The invoice submitted by the Contractor at the end of each month, shall include backup documentation of the actual fares collected and deposits made to the County's account by the Contractor. Section 3. Other Reimbursable. The Contractor shall submit a monthly invoice to the County itemizing all reimbursable expenses that have been pre- approved by the County with a copy of the County authorization. Section 4. Other Expenses. The Contractor shall submit copies of expenses paid for personnel, and other operational costs as itemized on the Cost Proposal sheet in Attachment F. E -29 Attachment E: Sample Monthly Paratransit Invoice Form OPERATOR: For the Period of: to Per -Trip Cost: " Vendor Passenger Total Cost Fares Adjust Net Due Total Cost $ Other Reimbursable Costs: (All reimbursable costs must be pre- approved by the County. Please attach pre - approval documentation). 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N d pa W K C N �� _ > 00 W vyC a C a ° u .0 m, Cm N E O- -0 4" w C y U C .0 C LL C 00 r�i y yy u P C f0 C' N C aC+ E o a d .R 023 w CL "y . as .n > 3 a N y M N u M M u` vi •C .r a0 O � d L Q w � %� urf ati tN0 00 Qi c H M M w Attachment G: Medicaid Required Reports Required Reports R k Oescr 6n Format n...r q MHF V it us`T = - } .3,,'',; t g' :�3'L' f i t• /F�i�t f M�`�`� t,T = '��' No Shaw Medicaid WA Contains t>t *cIary's came, phone numbef, date Hwdcopy or Monthly - due 10 calendar days after It* end of the Boneildary Report' and time sdheduled for transport, and trip eledronic format reporting month desfana506 S:.} ,y4 �A k� F'n r �Z'7'uh� 5p�+ f �" M1. R 4 Cp��'yN•S ' {" �y��,, �s� S � i J s. •"_. "�t�,�r�� "'�, �. l " �� ���� et'f,iXa r a4 �." � F-�• k �� R a 1���� :'i H � h� i` '+ _.iii �`r,,,��f 1.. /. .}.{•'�1 fi' ,. rY ': i s .� �"� Y 2w 3*' p <}.z.r• t ....,;. �Ftai' .,+t^� Grievance System 4 Covers EA Complaints, Grievances and Appeals HaMeWy or Quarterly - due 30 calendar days OW N end of Summ R@ related to Medicaid: NET Services eta&*c format Mine reporting ' . Safety Gomplance S4 WA CDpyof Ilea Setflre Ocatlon Report (VaMM Hardoopy or Annaalty - due January 15 of each year; reporling CerdficAw Row lnspeofons, Diver Safety, Drug and Abohol, and electr*Nc format to for each Calendar yaw Monitoring) t(kll'ysXF� �5�.:•�f�W • �'�1 i S x 1 �i3` Suspected fraud WA Suspected Fraud Report conteme banelfdirys Hardcopya pnnadHddyupon owurrence RepAng name: MedkW ID mmiwr, and a dowtptbn of the electrordc formal ncdent or WeOwm y "91 'f 1 !7. 'y #rM["' -. 'X- F"2�,.� i��.+� f -.,, .$i� ,.. � •1 `fir F "t•" d�� .{"��� � #cam, b`' h �j1fiW 3�y't � ;Fy�M .k,: L',K���.i .��j iFt�f �� r �. Y'� �r r _ ka Yrt ��a:i"a°S',." coy y - ~`rA��.�C �'ms_♦ � � � ld 52. -iy `�G4�1 e h ck ,.� �. S _ 7 wr� -. y,�J�'x u�'. _ ,E'�� _ _�.:.`�j � -. Crtl W lr*danl Report' 7 Cri" Indderd Repod Hardcopy or Upon Ocetntenee - inw report duo 1 !%Lw n u day eloctronic sir learning of the incident a wotten Gnat report format; DCF shat) be submitted to the Commis� within iS lemplaie business drys after tt Incident; detailed report to awed" from include meagm to prevent omwroncae In dM OCF future . : {. , vin' 4 - n V s �! i a w MM Lk b... i f �, }+ J� D .Wg� f i 1�.'"'i .: litlftttir !t Y' MM 'The Commission hai OftWed a template for this report. E -34 Exhibit 3 FEDERAL TRANSIT ADMINISTRATION FEDERAL GRANT COMPLIANCE REQUIREMENTS FOR CFDA 20.507 TABLE OF CONTENTS Check Box If Applicable A.1 - Federally Required and Other Model Contract Clauses ® 1. Fly America Requirements ❑ 2. Buy America Requirements - Sign Certification ® 3. Charter Bus and School Bus Requirements ❑ 4. Cargo Preference Requirements ❑ 5. Seismic Safety Requirements ® 6. Energy Conservation Requirements ® 7. Clean Water Requirements ❑ 8. Bus Testing - Sign Certification ❑ 9. Pre -Award and Post Delivery Audit Requirements - Sign Certification ® 10. Lobbying - Sign Certification ® 11. Access to Records and Reports ® 12. Federal Changes ® 13. Bonding Requirements ® 14. Clean Air ® 15. Recycled Products ❑ 16. Davis -Bacon and Copeland Anti - Kickback Acts ® 17. Contract Work Hours and Safety Standards Act 18. [Reserved] ® 19. No Government Obligation to Third Parties ® 20. Program Fraud and False or Fraudulent Statements and Related Acts ® 21. Termination ® 22. Government -wide Debarment and Suspension Sinn Certification 212 3. Privacy Act ® 24. Civil Rights Requirements ® 25. Breaches and Dispute Resolution ❑ 26..Patent and Rights in Data ® 27. Transit Employee Protective Agreements ® 28. Disadvantaged Business Enterprises (DBE) Anticipated DBE Form 29. [Reserved] ® 30. Incorporation of Federal Transit Administration (FTA) Terms ® 31. Drug and Alcohol Testing ® 32. ADA Access ® 33. ITS Standards ® Certificates requiring signature must belcompleted and submitted at time of bid submittal to be considered for award. E -35 The services performed by the awarded Contractor shall be in compliance with all applicable FTA regulations /requirements, and additional requirements specified in this document It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project 1. FLY AMERICA REQUIREMENTS 49 U.S.C. §40118 41 CFR Part 301 -10 Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S.,. or between places outside the U.S., when the FTA will 'participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301- 10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government- financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act, The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. BUY AMERICA RgQUIREMENTS 49 U.S.C. 3230) 49 CFR Pirt 661 Applicability to Contracts: The Buy Ame ica requirements apply to the following types of contracts: Construction Contracts. and Acquisition of Goods or Rolling Stock (valued at more than $100,000). E -36 Flow Down: The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal :funds may not be obligated unless steel, iron, and manufactured products used in FTA - funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons, produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. ❑ Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. certifies that it will meet the requirements regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title 532361(9) The bidder or offeror hereby of 49 U.S.C. 53230)(1) and the applicable Certificate of Non - Compliance with 49 U.S.C. 53236)(9) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title ❑ Certification requirement for procure ent of buses, other rolling stock and associated equipment. E -37 Certificate of Compliance with 49 U.S.C. 532bU)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non - Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title 3. CHARTER BUS REQUIREMENTS 49 U.S.C. 5323(d) 49 CFR Part 604 Applicability to Contracts: The Charter Bus requirements apply to the following type of contract: Operational Service Contracts. Flow Down Requirements: The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors. Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 3. SCHOOL BUS REQUIREMENTS 49 U.S.C. 5323(F) 49 CFR Part 605 Applicability to Contracts: The School Bus requirements apply to the following type of contract: Operational Service Contracts. Flow Down Requirements: The School qus requirements flow down from FTA recipients and subrecipients to first tier service pontractors. E -38 School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 4. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 1241 46 CFR Part 381 Applicability to Contracts: The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Flow Down: The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of - lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 5. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Applicability to Contracts: The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. Flow Down: The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including thew .rk performed by all subcontractors. E -39 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 6. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Applicability .to Contracts: The Energy Conservation requirements are applicable to all contracts. Flow Down: The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Applicability to Contracts: The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down: The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et se g. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in 'part with Federal assistance provided by FTA. C? E -40 49 U.S.C. 5323(c) 49 CFR Part 665 Applicability to Contracts: The Bus Testing requirements pertain only to the acquisition of Rolling Stock/Turnkey. Flow Down: The Bus Testing requirements should not flow down, except to the turnkey contractor as stated in Master Agreement. Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following: 1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle. 2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3) If the manufacturer represents that the vehicle was previously tested, .the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. ❑ CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS The undersigned [Contractor /Manufacturer] certifies that the vehicle offered in this procurement complies with 49 U.S.G. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665. The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29. Date: Signature: Company Name: Title: E -41 9. PRE -AWARD AND POST DELIVgRY AUDITS REQUIREMENTS 49 U.S.C. 5323 49 CFR Part 663 Applicability to Contracts: These requirements apply only to the acquisition of Rolling Stock/Turnkey. Flow Down: These requirements should not flow down, except to the turnkey contractor as stated in Master Agreement. Model Clause /Lanouaae: Clause and language therein. are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. • Buy America certification is mandated under FTA regulation, "Pre -Award and Post - Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • "Buy America Requirements -- Surface Transportation Assistance Act of 1982, as amended," 49 C.F.R. 661.12, but has been modified to include FTA's Buy America requirements coded at 49 U.S.C. A 53230). Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(1) and ETA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: (1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder /Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. (3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self- certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. ❑ BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, ORIASSOCIATED EQUIPMENT (To be submitted with a bid or offer exc ding the small purchase threshold for Federal assistance programs, currently se at $100,000.) E-42 Certificate of Compliance The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 53230)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 C.F.R. 661.11: Date: Signature: Company Name: Title: Certificate of Non - Compliance The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 53230)(2)(B) or 0)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7. Date: Signature: Company Name: Title: 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts: The Lobbying requirements apply to Construction /Architectural and Engineering/Acquisition of Rolling Stock/ Professional Service Contract(Operational Service Contract /Turnkey contracts. Flow Down: The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti- Lobbying Amendment, 3.1 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New RestrictioAs on Lobbying." Each tier certifies to the tier above that it will not and has not used Fedleral appropriated funds to pay any person or organization for influencing or attempting tb influence an officer or employee of any agency, a member of Congress, officer or enployee of Congress, or an employee of a member of Congress in connection with obt ining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Eadh tier shall also disclose the name of any E -43 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. APPENDIX A, 49 CFR PART 20-- CERTIFICATION REGARDING LOBBYING ❑ Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned ( Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19196). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P. L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject; to a civili penalty of not less than $10,000 and not more than $100,000 for each such failure. Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a requir d certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] E -44 The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down: FTA does not require the inclusion of these requirements in subcontracts. Access to Records - The following access to records requirements apply to this Contract: 1 Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(1), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described !at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excluded contracts of less than the simplified acquisition threshold currently set at $100,00. E-45 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non - profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is' the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related.thereto. Reference 49 CFR 18.39(1)(11). Requirements for Access to Records and Reports by Types of Contract Contract Characteri $tics Operational Service Contract - Turnkey ConsO`uction - ArcGee tur al Engineerin Acquisition, of Rolling Stock Pr6fession al $enrices State Grantees None Those None None None None imposed a on state Contracts None pass thru Yes, If non- None None None below SAT unless' to competitive unless unless unless ($100,000) non- Contractor award or if non- non- non- competitive funded competi- competi- competi- award thru2 tive award tive award tive award b • 5307/5309/ Contracts 5311; above $100,000/C apital { E-46 Projects II Non State . Grantees Those . Yes3 imposed Yes Yes Yes Yes a. on non- Contracts Yes3 state Yes Yes Yes Yes below SAT Grantee ($100,000) pass thru to b Contractor Contracts above $100, 000 /C apital Projects Sources of Authority: '49 USC 5325 (a) z 49 CFR 633.17 318 CFR 18.36 (i) 12. FEDERAL CHANGES 49 CFR Part 18 _Applicability to Contracts: The Federal Changes requirement applies to aU contracts. Flow Down: The Federal Changes requirement flows down appropriately to each applicable changed requirement. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 13. BONDING REQUIREMENTS A Bid will not be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon de and, forthwith make payment to Owner upon said bond. Bid Deposits of the three ( ) lowest Bidders shall be held until the E -47 Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the did Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. Flow Down: Bonding requirements flow down to the first tier contractors. Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and /or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other han that requested, will render the bid unresponsive. I E-48 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. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies," circular. This circular may be accessed via the web at www.fms. treas .gov /c570 /c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bo ds 1. The Contractor warrants to (Recipient) the Architect and /or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents All work not so conforming to these E -49 standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100 %) of the'CONTRACT SUM, as adjusted (if at all). 14. CLEAN AIR 42 U.S.C. 7606 et seq 40 CFR 15.61 49 CFR Part 18 Applicability to Contracts: The Clean Air requirements apply to all contracts exceeding $900,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down: The Clean Air requirements flow down to all subcontracts which exceed $100,000. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in tum, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. RECYCLED I RODUCTS 42 U.S.C. 0962 40 CFR Pa 247 Executive Or er 12873 E -50 Applicability to Contracts: The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $90,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such `items in the previous Fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Flow Down: These requirements flow down to all to all contractor and subcontractor tiers. Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 16. D"IS -BACON AND COPELAND ANTI - KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141; et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 40 USC 3145, 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and /or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. Clause Language Davis -Bacon and Copeland Anti- Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and withoult subsequent deduction or rebate on any account (except such payroll deductions as E re permitted by regulations issued by the Secretary of Labor under the Copeland Act (9 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equ' aients thereof) due at time of payment computed at rates not less than those co ained in the wage determination of the Secretary of Labor which is attached hereto 4nd made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such E -51 laborers and ' mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not. less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and ;fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the .wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise t e 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 E -52 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 therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrato , 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 E -53 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 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 nticipated in providing benefits under a plan or program described in section 1(b)(2)( P ) of the Davis -Bacon Act, the contractor shall maintain records which show :that thelcommitment to provide such benefits is enforceable, that the plan or program is fin ncially responsible, and that the plan or program has been communicated in writing tO the laborers or mechanics affected, and E -54 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)(1) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (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 intervie employees during working hours on the job. If the contractor or subcontractor fails t submit the required records or to make them available, the Federal agency may, afte written notice to the contractor, sponsor, applicant, or owner, take such action, as may le necessary to cause the suspension of E -55 any further payment, advance, or guarantee offunds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at. less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S; Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees, o journeymen on the job site shall not be greater than permitted under the plan appr�pved by the Employment and Training Administration. Every trainee must be paid i it 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 appli able wage determination. Trainees shall i E -56 i 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 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 enterin into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the E -57 contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part. of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non- construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(1)(6)), the Act no longer applies to any "contract in an amount that is not greater than $100,000," 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - construction projects that employ "laborers or mechanics on a public work." These non - construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied. Clause Languaee Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph 1) of this section the contractor and any subcontractor responsible therefore shall be iable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated i E-58 damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, isuch sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 18. f RESERVED ] 19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts: Applicable to all contracts. Flow Down: Not required .by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Goverment does not have contractual liability to third parties, absent specific written consent. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party ;to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include. the whole or in part with Federal assistance clause shall not be modified, except to is its provisions. clause in each subcontract financed in ed by FTA. It is further agreed that the the subcontractor who will be subject to E -59 1A 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Applicability to Contracts: These requirements are applicable to all contracts. Flow Down: These requirements flow down to contractors and, subcontractors who. make, present, or submit covered claims and statements. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made; pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed. in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 21. TERMINATION 49 U.S.C. Part 18 FTA Circular i4220.1F Applicability to Contracts: All contracts rwith the exception of contracts with nonprot;t organizations and institutions of tigher education,) in excess of $90,000 shall contain suitable provisions for terminatioo by the grantee including the manner by E -60 which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down: The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all vailable remedies against Contractor and its sureties for said breach or default. E -61 d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the. Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor f0s to comply with any other provisions of this contract, the (Recipient) may terminate t is contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the E -62 nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. L Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred .by the Recipient. If, after termination for failure to fulfill cont o) t t obligations, it is determined that the Contractor was not in default, the rights and o igations of the parties shall be the same as if the termination had been issued.for the convenience of the Recipient. E -63 j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements, of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee,.to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the .Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close -out costs, and a fee, if the contract provided. for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103 -355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List (System, (b) Collecting a certification from that person, or (c) Adding a clause or condi ion to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. , i E -64 Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart. C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. ' By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to , the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. PRIVACY ACT 5 U.S.C. 552 APPIIcability to Contracts: 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. Flow Down: The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements - The following requirements. apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (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, E -65 i 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts: The Civil Rights Requirements apply to all contracts. Flow Down: The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin. Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which' implemdnt Executive Order No. 11246, "Equal Employment Opportunity," as amended by executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal stat tes, executive orders, regulations, and Federal policies that may in the future affect oonstruction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that j E -66 applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion . or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may.issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1 F Applicability to Contracts: All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down: The Breaches and Dispute Resolutions requirements flow down to all tiers. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [tile of employee]. In connection with any such appeal, the Contractor shall be affordedl an opportunity to be heard and to offer evidence in support of its position.: The de ision of the [title of employee] shall be binding upon the Contractor and the Contractol shall abide be the decision. E -67 Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 Applicability to Contracts: Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in which FTA finances the purpose of.the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual. Flow Down: The Patent and Rights' in Data requirements apply to all contractors and their contracts at every tier. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirement applies to, each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clauseimeans recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms E -68 such as punched cards, magnetic tape, or conputer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or. reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty -free, non - exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may .not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. E -69 d Unless prohibited by state law,' upon reo I uest by the Federal Government . the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and` employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor -of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the ;Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery. is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, pr discovery is patentable under the laws of the United States of America or any foreigp country, the Purchaser and Contractor E -70 agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS 49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215 Applicability to Contracts: The Transit Employee Protective Provisions apply to each contract for transit operations performed by employees of a Contractor recognized by FTA to be a transit operator. (Because transit operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit "operations" for purposes of this clause.) Flow Down: These provisions are applicable to all contracts and subcontracts at every tier. Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee protective requirements. as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal i assistance provided by FTA either for projects for elderly individuals and individuals %*ith disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. E -71 (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro - purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Gra tee choices concerning retainage should be reflected in the language choices in clause subsection d. i E -72 Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part 26, Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs. Collier Area Transit's goal for DBE participation is 12.06 %. b. A separate contract goal has not been established for this procurement. c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT - assisted contract.. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Collier County deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). d. The successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. In order to comply with the provisions of 49 CFR 26, the bidder /offeror agrees to the following: • Bid Opportunity List - shall submit with all Requests for Proposals and Invitations For Bid. • Anticipated DBE Participation Statement — shall submit with all Requests for Proposals and Invitations For Bid. • DBE Directory — the bidder /offeror may use the online DBE directory, BizNet, www. bipincwebapps .com/biznetflorida/ to locate ready, willing, and able DBE's to perform sub - contractor work or sub - consultant work on USDOT assisted contracts. • Subcontractor Payment Report — shall submit monthly to comply with monitoring requirements of 49 CFR 26. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from Collier County. In addition, the contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily completed. f. The contractor must promptly notify Collier County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. E -73 29. r RESERVED 1 30: INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1F Applicability to Contracts: The incorporation of FTA terms applies to all contracts. Flow Down: The incorporation of FTA terms has unlimited flow down. Incorporation of Federal Transit: Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 31. DRUG AND ALCOHOL TESTING 49 U.S.C. §5331 49 CFR Part 655 Applicability to Contracts: The :Drug and Alcohol testing provisions apply to Operational Service Contracts. Flow Down Requirements: Anyone who performs a safety- sensitive function for the recipient or subrecipient is required to comply with 49 CFR 653 and 654, with certain exceptions for contracts involving maintenance services. Maintenance contractors for non - urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to maintenance subcontractors. Introduction FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety- sensitive function on the recipient's behalf (usually subrecipients and /or contractors) implement a complex drug and alcohol testing program that complies with Part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety- sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and /or contractors comply with them. Explanation of Model Contract Clauses: Collier County relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 655, but retains the ability to monitor the contractor's testing program; thus, the recipient has less contro over its compliance with the drug and E -74 alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety - sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with. the rules. Drug and Alcohol Testing The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify annually its compliance with Part 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of' Certifications and Assurances for Federal Transit Administration Grants and - Cooperative Agreements," which is published annually in the Federal Register. 32. ADA Access 49 U.S.C. §5301 Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federalpolicy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities - and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 33. ITS Standards 5206(e) Section 5206(e) of the Transportation: Act for the 21 st Century, Public Law 105- 178, 112 Stat. 547, pertaining to conformancelwith the National Intelligent Transportation Systems Architecture and Standards. i E -75 All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation (US DOT). E -76 Annually Renewable Performance Bond BOND # K08329540 KNOW ALL MEN BY THESE PRESENTS: That Tectrans, Inc. (hereinafter called the Principal), and Westchester Fire Insurance Company (hereinafter called the Surety), are held and firmly bound unto The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County (hereinafter called the Obligee), in the full and just sum of Six Million One Hundred Thousand and no /100 Dollars ($6,100,000.00), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated the 1 st day of October, 2010 entered into a Contract with the Obligee for Contract #10-5455 Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program for a period of three (3) years which contract is hereby referred to and made a part hereof. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of one year. NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said Contract at the time and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That this bond is subject to the following conditions: 1. This bond is for the term beginning October 1, 2010 and ending October 1, 2011. The bond may be extended for additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non - renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. 2. In the event of default, the Surety will have the right and opportunity, at its sole discretion, to: a) cure the default; b) assume. the remainder of the Contract and to perform or sublet same; c) or to tender to the Obligee fun4s sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal sum of the bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted upon the Surety within one year from termination or expiration of the bond term 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrator or successors of Obligee. 5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond andregardless of the number of years this bond remains in force. 6. If any conflict or inconsistency exists between the ISurety's obligations or undertakings as described in this bond and as described in the underlying doctr 't ent, then the terms of this bond shall prevail. F , 7. This bond shall not bind the Surety unless the bond is accepted by the Obligee. The acknowledgement and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this bond shall be deemed null and void. Signed and sealed this Ist day of October, 2010. SURETY: Westchester Fire Insurance Company (seal) seal) (name & title) Susan A. Welsh, Attorne n -Fact Countersigned Y • t THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE). ACKNOWLEDGED N ACCEPTED BY OBLIG E: The Board of County Commissioners of Collier County, Florida BY: PRINTEDNAME/TITLE: F d W., Co Chairman DATE: 09124/2010 PLEASE RETURN A COPY OF ACCEPTED BOND TO: A41 6,T..., r f �I 1.1. K Allnved a� to form & legal swzdqw7 ,f? : ,CLERK �• 7 y s D""y Cq=, Attorney ,:J :Y os s U:.iWA ;Ounzy of COLUR I HEREf CERTf yYW. • 3orrea �i y ot` ? Board Ii+H::istes d V' NOTARIAL ACKNOWLEDGMENT STATE OF ILLINOIS COUNTY OF COOK On this 22 "d day of September, 2010, before me Debra J. Doyle a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Susan A.Welsh, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois: that she is an Attorney -in -Fact of The Westchester Fire Insurance Company, the corporation described in and which executed the foregoing instrument: that she knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that she signed this name thereto by like order: that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 02/21/14 OFFICIAL SEAL DEBRA J. DOYLE NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES FEBRUARY 21, 2014 COUNTY OF PHILA On this 29 X Hancy,Vice-Presi preceding instrument, his sigmdure ed by the authority and , , _ ,,were duly,.qft W-J4 tW �i�l b.now in force. ivwary cur" ANCE COMPANY, do 6ftb9. certify ihin-the �kisinal"?OWER OF ATTOR offem ;THIS POWER QFATTODtY. MAY NOT 69 USED TO EXECUTE ANY BOND WITH AN ikirn'ON DAlt AFTER Ajki129',2 12. WESTCHESTER FIRE INSURANCE COMPANY 436 Walnut Street, WAIOH, Philadelphia, PA 19106 -3703 CONTINUATION CERTIFICATE The company indicated above, hereinafter called the "Company" as Surety on Bond number K08329540 in the sum of Six Million One Hundred Thousand and 00 /100 ($ 6,100,000.00 ) on behalf of TECTRANS,INC. 6053 W. Century Blvd. located at Los Angeles, eA 90045 Principal, in favor of Naples OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Obligee, hereby certifies that this bond is continued in full force and effect from 10/1/2011 to 10/1/2012 , subject to all covenants and conditions of said bond. This bond has been continued in force upon the express condition that the full extent of the Company's liability under said bond and all continuations thereof for any loss or series of losses occurring during the entire time the Company remains on said bond shall in no event exceed the sum of the bond. In witness whereof the Company has caused this instrument to be duly signed, sealed and dated as of September 23, 2011 Please mail Inquiries to: Westchester Fire Insurance Comann Surety Susan A. Welsh Attorney -in -Fact ACE Surety Underwriting Services 436 Walnut Street, WA IOH Philadelphia, PA 19106 -3703 (800) 392 -3770 NOTARIAL ACKNOWLEDGMENT STATE OF ILLINOIS COUNTY OF COOK On this 23rd day of September , 2011. before me Debra J. Doyle a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Susan A. Welsh, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois: that she is an Attorney -in -Fact of The Westchester Fire Insurance Company, the corporation described in and which executed the foregoing instrument: that she knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that she signed this name thereto by like order: that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 02/21/14 OFFICIAL SEAL DEBRA J DOYLE NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 02 -21 -2014 0 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 8 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. m