Agenda 02/25/2014 Item #16E 82/26/2014 16.E.E.
EXECUTIVE SUMMARY
Recommendation to award ITB #13 -6107 — "Gasoline and Diesel Fuel" to
Seminole Tribe of Florida, Inc., as primary and Edison Oil Company as
secondary; authorize the use of the Seminole Tribe of Florida, Inc. commercial
refueling site at South Horseshoe Drive; and authorize the Chairman to sign the
attached contracts.
OBJECTIVE: To continue to provide gasoline and diesel fuel for County vehicles and
equipment.
CONSIDERATIONS: On an annual basis, Collier County uses over 1,000,000 gallons of
Gasoline and Diesel fuel in it's over 745 vehicles and over 1000 pieces of equipment. This
fuel is delivered by transport tanker to County owned refueling sites at County Barn Road
and the School Board, and by tank wagons to generator sites located throughout the
County.
Notices of the Invitation to Bid were sent to seventy four (74) email addresses on January 6,
2013. Of those vendors, twenty two (22) solicitation packets were downloaded and two (2) bids
were submitted; as well as a third "no- bid." After review of the bids, both were deemed to be
responsive. Due to the critical nature of fuel in County operations, staff recommends a primary
award to Seminole Tribe of Florida, Inc., and a secondary award to Edison Oil Company. The
Secondary vendor will be used in any circumstance where the primary is unable to perform.
The solicitation requested that the vendors provide a price for refueling vehicles at a
commercially owned fueling station, if one is available, because the County has over 160
vehicles based at Horseshoe Drive and nearby Mercantile Avenue. Staff requests Board
approval for the use of the Seminole Tribe of Florida, Inc. refueling site because it is critical to
the efficiency of County operations because a large number of vehicles can refuel at discount
prices close to their base locations. The only alternative is to travel to County -owned refueling
sites at County Barn Road, 4.5 miles away, increasing staff time and overall cost to the
taxpayers.
Staff recommends that the Board award ITB #13 -6107 – "Gasoline and Diesel Fuel' tc
Seminole Tribe of Florida, Inc., as primary and Edison Oil Company as secondary: authorize the
use of the Seminole Tribe of Florida, Inc. commercial refueling site at Soutn Horseshoe Drive:
authorize the Chairman to sign the attached contracts reviewed by the County Attorney.
FISCAL IMPACT: Funds for motor fuel to run County vehicles and equipment are budgeted
annually in the Fleet Management Fund 521 operating budget; and, included in the Parks and
Recreation Marina Fund 001 operating budge`.
LEGAL CONSIDERATIONS: This item is approved as to form ant legality, and requires
majority vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: No growth management impact is involved.
RECOMMENDATION: That the Board of County Commissioners awards ITB #13 -6107 –
"Gasoline and Diesel Fuel" to Seminole Tribe of Florida, Inc., as primary and Edison Oil
Company as secondary; authorizes the use of the Seminole Tribe of Florida, Inc., commercial
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refueling site at South Horseshoe Drive; and authorizes the Chairman to sign the attached
contracts reviewed by the County Attorney.
PREPARED BY: Adam Northrup, Procurement Strategist, Purchasing Dept.
ATTACHMENTS:
• 13 -6107 — Bid Tabulation
• 13 -6107 — Gasoline Solicitation
• Seminole Tribe of Florida Inc Contract
• Edison Oil Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.8.
Item Summary: Recommendation to award ITB #13 -6107 — "Gasoline and Diesel Fuel" to
Seminole Tribe of Florida, Inc. as primary and Edison Oil Company as secondary; authorize the
use of the Seminole Tribe of Florida, Inc. commercial refueling site at South Horseshoe Drive,
and; authorize the Chairman to sign the attached contracts reviewed by the County Attorney.
Meeting Date: 2/25/2014
Prepared By
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
2/3/2014 8:46:32 AM
Submitted by
Title: Procurement Specialist, Purchasing & General Services
Name: NorthrupAdam
2/3/2014 8:46:34 AM
Approved By
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 2/4/2014 2:54:58 PM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing & General Services
Date: 2/4/2014 3:24:36 PM
Name: WardKelsev
Title: Manager - Procurement, Purchasing & General Services
Date: 2/4/2014 3:33:20 PM
Name: MarkiewiczJoanne
Title: Manager - Procurement, Purchasing & General Services
Date: 2/5/2014 7:15:47 AM
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2125/2014 16.E.8.
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 2/6/2014 11:26:07 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/12/2014 9:40:34 AM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 2/12/2014 5:16:25 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 2/13/2014 2:08:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2014 3:48:44 PM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 2/13/2014 4:13:32 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2014 11:04:09 AM
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Project Manager: Mario Menendez Bid Tabuiatior
Procurement: Adam Northrup 13 -6107 - Gasoline and Diesel Fuel
Notific 2/25/2014 16.E.8.
Dum iivaucu. /-I-
Submissions: 2
Opened /Date: Adam Northrup; 01/31/2014; 11:OOAM
Opened /Date:Brenda Reaves; 01/31/2014: 11:00AM
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Seminole Tribe
of Florida
Edison Oil
Item
Product Type
Method
Markup /Gal
Markup /Gal
1
Unleaded — Reg. 87 AKI
Transport
0.040000
0.049800
2
Unleaded — Reg. 87 AKI
Tank Wagon
0.110000
0.093000
3
Combo - Reg. 87 AKI
Transport
0.040000
0.049800
4
Combo - #2 Diesel ULSD
Transport
0.045000
0.055900
5
Diesel - #2 Ultra Low Sulfur
Transport
0.045000
0.055900
6
Diesel - #2 High Sulfur
Transport
0.045000
0.055900
7
Diesel - #2 Ultra Low Sulfur
Tank Wagon
0.110000
0.093000
8
Diesel - #2 High Sulfur
Tank Wagon
0.110000
0.055900
Retail location - Unleaded 87 AKI
Markup (per gal)
0.100000
0.250000
Retail location - #2 Diesel
Markup (per gal)
0.100000
0.250000
17
BID TOTAL
$ 3,111,637.48
$ 3,119,667.50
Number of Transports
17
14
Total Transport Capacity (gal)
153,000
100,000
Number of Tankwagons
9
5
Total Tankwagon Capacity (gal)
40,500
17,500
Local Storage Tank Capacity (gal)
181,000
180,000
Yes
Supply Point Generator
Yes
Emergency Response Plan
Yes
Yes
Emergency Fuel Supply Plan
Yes
Yes
Port Everglades Contract
Yes
Yes
Port of Tampa Contract
Yes
Yes
Local Refueling Station or Contract
Yes
Yes
Grantor Forms
Yesl
Yes
Opened /Date: Adam Northrup; 01/31/2014; 11:OOAM
Opened /Date:Brenda Reaves; 01/31/2014: 11:00AM
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Purchasing
INVITATION TO BID
Date: January 6, 2014
From: Adam Northrup, Procurement Strategist
(239) 252 -6098, Telephone Number
(239) 252 -6302, FAX
adamnorthrup @colliergov.net, Email Address
To: Prospective Vendors
Subject: Solicitation: 13 -6107 — Gasoline and Diesel Fuel
As requested by the Fleet Management Department, the Collier County Board of County
Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and
competitive responses.
Please refer to the Public Notice included in this document for the opening date and time and
any applicable pre -ITB conference.
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.collier-gov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
We look forward to your participation in Collier County's competitive procurement process.
cc: Mario Menendez, Dan Croft
Note: ITB responses submitted electronically at www.collieraov.net.
#13 -6107
Gasoline and Diesel Fuel
Purchasng Deparanent • 3327 Tamiami Trail East • Napies, Florida 341124901 • www.00lliergov.ne"purchasing
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Invitation to Bid
Index
PUBLICNOTICE ........................................................................................................................ ..............................3
EXHIBIT is SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ................................. ..............................4
EXHIBIT I.A: GRANTING AGENCY REQUIREMENTS ............... ............................... ERROR! BOOKMARK NOT DEFINED.
EXHIBIT II: GENERAL BID INSTRUCTIONS ................................................................................. .............................41
EXHIBIT III: STANDARD PURCHASE ORDER TERMS AND CONDITIONS ..................................... .............................46
EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS .......................................................... .............................49
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ...................................................... .............................58
ATTACHMENT 2: VENDOR'S CHECK LIST ................................................................................ ............................... 59
ATTACHMENT 3: VENDOR RESPONSE FORM ......................................................................... ............................... 60
ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ........................................... .............................62
ATTACHMENT 5: VENDOR SUBSTITUTE W — 9 ....................................................................... ............................... 63
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Public Notice
Sealed bid responses for Solicitation 13 -6107 — Gasoline and Diesel Fuel, will be received
electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112 until 3:00 p.m. Collier County local time on January 28, 2014. ITB
responses received after the stated time and date will not be accepted.
Solicitation 13 -61 -07 — Gasoline & Diesel Fuel
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net /bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response forms included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing Online Bidding System may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Joanne Markiewicz
Interim Purchasing /General Services Director
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the lobby of the Purchasing Building on 01/06/2014.
#13 -6107 3
Gasoline and Diesel Fuel
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Exhibit 1: Scope of Work, Specifications and Response Format
As requested by the Collier County Fleet Management Department (hereinafter, the "Division or
Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter,
"County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from
interested and qualified firms in accordance with the terms, conditions and specifications stated or
attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and
specifications stated.
The results of this solicitation may be used by other County departments once awarded according to the
Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
Collier County owns approximately 840 vehicles that require gasoline or diesel fuel. Historically, County
departments have spent approximately $3,000,000.00 per year.
Detailed Scope of Work
These specifications are intended to provide information by which prospective bidders may understand
the requirements of the Collier County Board of County Commissioners (hereafter referred to as
"County ") relative to the furnishing and delivering of unleaded gasoline and diesel fuel on an as- needed
basis to government agencies and locations throughout Collier County. The quantities listed herein are
approximate and the County reserves the right to increase or decrease the quantities as needed.
Bids will be accepted only from those fuel companies that have base locations within Collier, Lee,
Broward or Miami Dade Counties and own adequate transports, tank wagons, and fixed reserve tanks to
provide timely fuel services to the County during both normal and emergency operations. Bidders must
state the number and type of fuel delivery vehicles in their inventory, and the capacity of their local fixed
tanks at their supply points. Refueling assets and capabilities will weigh heavily when awarding the bid.
A commercial refueling site or a contract with a local gas station is also a plus.
The County will be the sole judge of determining the adequacy of refueling assets. Bids from companies
that rely upon common carriers for fuel delivery will not be accepted. Bidders must maintain current and
active fuel supply contracts at the fuel depots at Port Everglades and the Port of Tampa. Proof of fuel
supply contracts must be submitted with bids.
Further, the County will have future requirements for ethanol and bio- diesel. Prices for ethanol and bio-
diesel will be negotiated between the successful bidder(s) and the County's Contract Manager as these
products become available in our area.
Projected Annual Requirements
The quantities listed below are approximate and are for the purpose of bid evaluation. The County
reserves the right to order such quantities as may be required during the contract period, but no
guarantee is made as to any minimum or maximum amounts.
Product
S ecifications
Estimated Annual Usage Gallons
El
Unleaded Gasoline
Regular 87 AKI
1600,000
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Gasoline and Diesel Fuel
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All gasoline shall be volatile hydrocarbon fuel, free from water and suspended matter, and suitable for
use as a fuel in internal combustion engines, must meet or exceed State of Florida specifications.
Gasohol or alcohol additives are prohibited from products. All unleaded gasoline must have a minimum
of a "maintenance" detergent dose of injector cleaning additive.
Product
Estimated Annual Usage Gallons
#2 Diesel Fuel
620,000
#2 On -Road Ultra Low Sulfur Diesel
70,000
The No. 2 diesel fuel must be suitable for use in diesel engines and free from water, foreign matter and
must meet or exceed State and Federal specifications. Ultra -Low Sulfur Diesel must have a sulfur
content of 15PPM or less and meet all Federal standards for use in mandated diesel engine low
emission systems. No. 2 diesel shall have a cetane rating of 42 or higher based on standard industrial
testing. Collier County reserves the right to modify the product specifications in order to comply with
future mandates.
Product, Locations and Storage Capacities:
The following is a list of current and anticipated primary delivery locations within the boundaries of Collier
County. Numerous other delivery locations are located at emergency generator sites throughout the
County. The County reserves the right to add or delete delivery locations during the term of the contract.
Location
Stora a Capacity
Product
Chiller Building Generator
4,000
Diesel Fuel
3301 Tamiami Trail East
Health & Community Services Bldg. Generator
4,000
Diesel Fuel
3301 Tamiami Trail East
Administration Bldg. Generator
6,000
Diesel Fuel
3301 Tamiami Trail East
Naples County Barn
20,000
Unleaded Gasoline*
2901 County Barn Road
10,000
Diesel Fuel*
10,000
Ethanol*
Davis Boulevard Maintenance Facilities
10,000
Unleaded Gasoline*
4800 Davis Boulevard
10,000
Diesel Fuel"
CAT Bus Terminal
10,000
Unleaded Gasoline
Radio Rd. /Davis Blvd.
20,000
Diesel Fuel
North County Wastewater
Treatment Facility
24,000
Diesel Fuel*
10500 Goodlette Road
South County Wastewater
10.000
Diesel Fuel*
Treatment Facility
5600 Warren Street
South County Regional Water Plant
10.000
Diesel Fuel*
3851 Utilities Drive
North County Regional Water Plant
40,000
Diesel Fuel*
8005 Vanderbilt Road Ext.
Carica Repump Station
15,000
Diesel Fuel*
Carica Road
Immokalee County Barn
10,000
Unleaded Gasoline*
402 Stockade Road
10,000
Diesel*
Carnestown Sheriffs Substation
2,000
Unleaded Gasoline*
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Intersection Highway 41 and Highway 29 2,000 Diesel*
*Above Ground Tank
Each location listed above shall be considered one stop. There shall be no additional cost to deliver fuel
to separate tanks within the same location, to deliver a transport with two types of fuel to the same
location, to deliver a transport of one or two types of fuel to two (2) different locations, or to deliver a tank
wagon of one or two types of fuel to multiple locations.
Emergency Response Plan:
The vendor shall submit with his bid a written plan for emergency response and clean up of fuel spillage.
The plan shall meet all Federal, State and local laws. The vendor shall clean up all spills created by the
vendor, according to the emergency response plan, and report those spills to the County and to other
regulatory agencies as required by law. Bids submitted without a written emergency response plan may
not be considered for contract award. Collier Countv shall be the sole iudae of bid acceptance.
Prices:
Prices shall be based on the actual daily per gallon wholesale prices charged to the successful bidders at
the appropriate fuel depot, plus a firm markup. Proof of daily wholesale prices charged to the
successful bidders by product shall be faxed or emailed to the County Fleet Management
Department each day whether County fuel deliveries are scheduled or not. The proof of price must
specify the wholesaler, purchaser, fuel depot location, prices of each product, and effective dates of
prices. The firm markup may include the vendor's profit, delivery costs and other costs the vendor
wishes to include.
The firm markup shall not change during the term of the contract. Other than appropriate taxes, no
other charges are permitted under this contract.
State and Federal Pollution taxes are not to be included in the firm markup offered in the bid. Rather,
these taxes are to be shown as itemized expenses within each invoice
Orders and Deliveries:
Deliveries shall be made within twenty -four (24) hours of the time that the order is placed by the County.
If the vendor is unable to complete the delivery as originally ordered by the County, the vendor must
notify the County immediately. This applies to quantity ordered as well as delivery time. Failure to notify
the County or multiple instances of late or incorrect deliveries shall be grounds for immediate termination
of this contract with the responsible vendor.
Deliveries shall be made to the County between the hours of 7:00 a.m. to 5:00 p.m., Monday through
Friday unless other arrangements are made with the Collier County Fleet Management Department.
Deliveries made to in- ground tanks shall include removal of any accumulated or standing water in spill
containment buckets to prevent the water from entering the tank when opening the fill cap.
Orders will be by transport and tank wagon quantities. Transport orders shall be a minimum of seven
thousand (7000) gallons for single type or combined loads of fuel. The County may order transport(s)
containing a single type or combinations of types of fuels specified herein. There shall be no minimum
quantities for tank wagon orders or any type of minimum order charges above those specifically stated in
this agreement. Deliveries will be made with trucks owned by the successful bidders. Common carrier
deliveries may be accepted during times of emergency with prior approval of the Fleet Management
Department.
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All billings for transport deliveries under this contract shall be consistent with the actual manifests from
the loading terminal, which shall be presented with each delivery. All invoices shall be calculated on the
net gallons received at the loading terminal. If temperature - corrected billing is used, the loading report
shall give all pertinent information. Billings for tank wagon deliveries shall be based on actual meter
readings.
Before unloading of vehicle begins, the receiving personnel shall stick or measure receiving tanks, and
shall again stick or measure the tanks after delivery to assure proper quantities are received. Careful
recording of before and after delivery dip readings or gauge readings for each tank is required on
the delivery statement.
County -Owned Fuel Trucks:
The vendor shall fill the bulk tanks of County -owned fuel trucks at the vendor's supply point at the quoted
tank wagon prices. County -owned fuel trucks shall receive priority during declared emergencies.
Invoices:
Delivery location, date, product(s), and the net quantity and cost of each product (with each Federal,
State, and local tax itemized separately) shall be itemized on all invoices. The County purchase order
number shall also be on the invoice.
Emergency Fuel Supplies:
In the event of hurricane or other disaster, the vendor must provide priority supplies of fuel to the County
for continued emergency government operations. The vendor will submit with his bid a written plan of
how priority fuel will be supplied to the County when under declared emergency conditions. The plan
must be specific in naming who, when, and how the fuel will be provided, and must provide details of
plan implementation. Capabilities and capacities of local reserves and advanced staging of transport
trailers or tank wagons should be addressed. The plan should also include whether the bidder's local
supply point has emergency generators to access reserve fuel during power outages. The emergency
fuel plan will be an important and perhaps overriding factor in awarding the contract. Bids submitted
without emergency fuel supply plans shall not be considered for contract award The County will be the
sole fudge of the adequacy of a vendor's emergency fuel plan
Additional Items /Services:
Additional items and /or services may be added to this contract upon satisfactory negotiation of price by
the Contract Manager and the Vendor.
Termination:
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County
as per Specifications, 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.
Offer Extended to Other Governmental Entities:
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Collier County encourages and agrees to the successful bidder extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful bidder.
Assignment; Sublease; Sale, Etc.:
Should the Contractor sell or sublet this contract or any part thereof to any person or entity other than the
awardee, the Board of County Commissioners shall be notified in writing immediately upon the transfer of
ownership. The assignment of this contract or any part thereof, shall require that its assignee be bound
to it and to assume toward the contractor, all of the obligations and responsibilities that contractor has
assumed toward the County. In the County's best interest, and at its option, the service /commodity may
be re -bid, delivering a sixty (60) day written notice to the new owner(s).
Vendor Inability to Provide Product:
Should circumstances arise where the Vendor would be unable to supply the requested product within
five (5) working days, the County may select an alternative supplier to provide the product until such time
the Vendor is able to again supply the product. The Vendor shall advise the Contract Manager in writing
when a product is unavailable and when it becomes available and can again be supplied per the
Contractual Specifications.
Prohibition of Gifts to County Employees:
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and /or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
Award:
The general criteria that will be used for the evaluation of this bid is set forth in the general bidding
requirements along with the responses as stated on the bid proposal pages.
The County shall be the sole judge as to which bids are acceptable. The County reserves the right to
award this contract through an approach which best serves the interests of the County; i.e., to a single
vendor, multiple vendors, or on a primary/secondary vendor basis. The lowest bidder will be determined
by totaling all markups offered on the response page to equal the base bid.
The contract shall be in the form of Standard five (5) page County Attorney Approved contrac
Award Criteria:
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid response
and past performances on other County bids /projects.
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Prices will be read in public exactly as input on the electronic bid response form or written on the
manually submitted Bid Response Page(s) at the time of the bid opening; however, should an
error in calculations occur whenever unit pricing and price extensions are requested, the unit
price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the
proper response.
The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the
award of the solicitation.
It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in
accordance with the following methodology:
On Attachment 8: Bid Schedule, proposers will provide quotes for all fees /markups per
gallon for each requested variety of fuel. These fees /markups shall be locked for the life of
the contract.
Item
Product Type
Method
Markup/Gallon
1
Unleaded — Reg. 87 AKI
Transport
$
2
Unleaded — Reg. 87 AKI
Tank Wagon
$
3
Combo - Reg. 87 AKI
Transport
$
4
Combo - Diesel
Transport
$
5
Diesel - #2 Ultra Low Sulfur
Transport
$
6
Diesel - #2 Off Road
Transport
$
7
Diesel - #2 Ultra Low Sulfur
Tank Wagon
$
8
Diesel - #2 Off Road
Tank Wagon
$
The fees will then be added to the wholesale price of each of the above listed products and
multiplied by the estimated annual usage, as seen below. Wholesale pricing provided in this
solicitation will be the current wholesale price on January 3'd 2014 at Port Everglades.
Item
Product Type
Method
Markup
Wholesale
Price
Usage
Subtotal
9
Unleaded — Reg. 87 AKI
Trns
$
+
$ 2.675500
x
8000
10
Unleaded — Reg. 87 AKI
TW
$
+
$ 2.675500
x
6000
11
Combo - Reg. 87 AKI
Trns
$
+
$ 2.675500
x
500000
12
Combo - #2 Diesel ULSD
Trns
$
+
$ 3.158400
x
500000
13
Diesel - #2 Ultra Low Sulfur
Tns
$
+
$ 3.158400
x
10000
14
Diesel - #2 High Sulfur
Trns
$
+
$ 3.163400
x
500
15
Diesel - #2 Ultra Low Sulfur
TW
S
+
$ 3.158400
x
25000
16
17
Diesel - #2 High Sulfur
BID TOTAL
TW
$
+
$ 3.163400
x
500
Award of bid shall be made to the bidder with the lowest line 17 totals, who is also; qualified, responsive,
has adequate refueling assets, submits acceptable Emergency Response and Emergency Supply Plans,
and meets all other requirements of these specifications.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a primary and secondary supplier.
• The contract will be in the form of a Collier County standard contract.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for two (2) years with one (1) two (2)
year renewal option.
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Markup amount shall remain firm for the life of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
Event
Date
Issue Solicitation Notice
01/06/2014
Last Date for Receipt of Written Questions
01/23/2014, 3:OOPM
Solicitation Deadline Date and Time
01 /28/2014, 3:OOPM
Anticipated Evaluation of Submittals
Week of 01/28/2014
Anticipated Board of County Commissioner's Contract
Approval Date
02/11/2014
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Response Form
• Attachment 4: Immigration Law Affidavit Certification
• Attachment 5: Vendor Substitute W — 9
• Attachment 6: Insurance and Bonding Requirements
• E- Verify company profile page or memorandum of understanding
• Excluded Parties List System Documentation located at: www.sam.gov, and select SEARCH.
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Exhibit I.A: Granting Agency Requirements
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
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.
Box is Checked
If Applicable
❑ 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 - Sign Exhibit Certification
® 23. 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)
(TWO FORMS) Anticipated DBE Form and Bidders List
❑ 29. [Reserved]
® 30. Incorporation of Federal Transit Administration (FTA) Terms
❑ 31. Drug and Alcohol Testing
❑ 32. ADA Access
❑ 33. ITS Standards
❑ 34. ARRA
1. FLY AMERICA REQUIREMENTS
(Applies to subcontracts)
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
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and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for
U.S Government - financed international air travel and transportation of their personal effects or
property, to the extent such service is available, unless travel by foreign air carrier is a matter of
necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was
used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag
air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees
to include the requirements of this section in all subcontracts that may involve international air
transportation.
2. BUY AMERICA REQUIREMENTS
(Applies to subcontracts)
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
(Attachments) with all bids or offers on FTA- funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
3. CHARTER BUS REQUIREMENTS
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
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 schoo!
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
(Applies to subcontracts)
Use of United States -Flag Vessels - The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the
extent such vessels are available at fair and reasonable rates for United States -Flag commercial
vessels;
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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
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
(Applies to subcontracts)
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
(Applies to subcontracts OVER $10,000)
(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 sec. 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. v
8. BUS TESTING
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
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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.
9. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply with 49
U.S.C. § 5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following
certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying
either compliance or noncompliance with Buy America. If the Bidder /Offeror certifies compliance with
Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the
rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs;
and 2) the location of the final assembly point for the rolling stock, including a description of the
activities that will take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be
capable of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1) manufacturer's
FMVSS self - certification sticker information that the vehicle complies with relevant FMVSS or 2)
manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.
10. LOBBYING
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by
49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer o- ,
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
the name of any registrant under the Lobbying Disclosure Act ol 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.
11. ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this Contract
1. Where the Purchase. 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)1, which is receiving federal financial assistance through the programs described at 49
U.S.C. 5307, 5309 or 5311.
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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)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or
5311. By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non - profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 19.48, Contractor agrees 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)1) through other than competitive bidding, the Contractor shall make available
records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller
General or any authorized officer or employee of any of them for the purposes of conducting an audit
and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of this
contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed
of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(1)(11).
12. 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
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.
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).
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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 than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and
faithful performance of a contract obligation and the payment of labor and material expended pursuant
to a contract whenever, and in such amounts, as required by statute or otherwise as deemed
necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution
operating within the State of Florida (or other alternative forms of surety as permitted under Florida
law) may be sufficient in place of the performance bond if so provided for in the bid and contract
documents. All such bonds or letters of credit shall be approved as to form by the County Attorney.
A. Contractor shall provide Performance and Payment Bonds in the amount of '100% of the Contract
Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds
shall be underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This
circular may be accessed via the web at www .fms.treas.aov /c570 /c570.html #certified. Should the
Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern
the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approvai.
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)
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The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient)
shall determine the amount of the patent indemnity to protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and /or Engineer that all materials and
equipment furnished under this Contract will be of highest quality and new unless otherwise specified
by (Recipient), free from faults and defects and in conformance with the Contract Documents. All
work not so conforming to these standards shall be considered defective. If required by the [Project
Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in
the various trades. The Work must be of safe, substantial and durable construction in all respects.
The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a
minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any
defective materials or equipment or faulty workmanship during the period of the guarantee at no cost
to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of
Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in
form acceptable to (Recipient) written by the same corporate surety that provides the Performance
Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the
Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED
PERCENT (100 %) of the CONTRACT SUM, as adjusted (if at all).
14. CLEAN AIR
(Applies to subcontracts OVER $100,000)
(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 sec. The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
15. RECYCLED PRODUCTS
(Applies to subcontracts for purchases $10,000 or more of one of these items in a fiscal year,
or when the cost of such items purchased during the previous fiscal year was $10,000.)
Recovered Materials - The contractor agrees to 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 24-17.
16. DAVIS -BACON AND COPELAND ANTI - KICKBACK ACTS
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)),
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the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)
of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular
contributions made or costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).
.Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, That the
employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classifications and wage rates
conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) Tne proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in
which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment.
Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting
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officer or will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards
of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed
in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been
met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment
Standards Administration, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
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(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 anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The
payrolls submitted snail set out accurately and completely all of the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be
submitted in any form desired. Optional Form WH -347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
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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 interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator of the Wage and Hour
Division of the U.S. Department of Labor determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted
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to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid 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 28
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.
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(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at
a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this
section.
(3) Withholding for unpaid wages and liquidated damages - XCollier County shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime contractor,
or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section.
18. f RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(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
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other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(Applies to subcontracts)
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 seg. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement
it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the
FTA assisted project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Contractor to the extent the Federal Government deems appropriate.
(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
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.
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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 available remedies
against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for
any breach by Contractor of any covenant, term or condition of this Contract, such waiver by
(Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other
term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by
written notice, may terminate this contract, in whole or in part, when it is in the Government's interest.
If this contract is terminated, the Recipient shall be liable only for payment under the payment
provisions of this contract for services rendered before the effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the Contractor fails
to comply with any other provisions of this contract, the (Recipient) may terminate this contract for
default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. The Contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in this
contract or any extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering tc
the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be
paid the contract price for services performed in accordance with the manner of performance set forth
in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor
shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the
Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation
and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.
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If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or
any separable part, with the diligence that will insure its completion within the time specified in this
contract or any extension or fails to complete the work within this time, or if the Contractor fails to
comply with any other provisions of this contract, the (Recipient) may terminate this contract for
default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. In this event, the Recipient may take over the work and compete
it by contract or otherwise, and may take possession of and use any materials, appliances, and plant
on the work site necessary for completing the work. The Contractor and its sureties shall be liable for
any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work
within specified time, whether or not the Contractor's right to proceed with the work is terminated.
This liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages
under this clause if-
1. The delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts
of the Recipient, acts of another Contractor in the performance of a contract with the Recipient,
epidemics, quarantine restrictions, strikes, freight embargoes; and
2. The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing
of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for
completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive
on the parties, but subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if
the termination had been issued for the convenience of the Recipient.
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 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.
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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)
(Applies to subcontracts)
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.
23. PRIVACY ACT
5 U.S.C. 552
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,
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.
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24. CIVIL RIGHTS REQUIREMENTS
(Applies to subcontracts)
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 sec.., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and
with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The Contractor agrees
to take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of 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.G. § 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
(Applies to subcontracts)
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
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employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of
receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of
employee]. In connection with an such a *'
y appeal, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the [title of employee] shall be
binding upon the Contractor and the Contractor shall abide be the decision.
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
(Applies to subcontracts)
A. Rights in Data - This following requirement applies to each contract involving experimental,
developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in specifications or
related performance or design -type documents; machine forms such as punched cards, magnetic
tape, or computer memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer 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 Aft
royalty -free, non - exclusive and irrevocable license to reproduce, publish, or otherwise use, and to
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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.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the
Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents,
and employees acting within the scope of their official duties against any liability, including costs and
expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of
proprietary rights, copyrights, or 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
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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, or discovery is patentable under the laws of the United States of America or
any foreign country, the Purchaser and Contractor agree to take actions necessary to provide
immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the
Contractor's status (a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual), the Purchaser and the
Contractor agree to take the necessary actions to provide, through 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.
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
(Applies to subcontracts)
Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable
transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that
transit operations are involved, the Contractor agrees to carry out the transit operations work on the
underlying contract in compliance with terms and conditions determined by the U.S. Secretary of
Labor to be fair and equitable to protect the interests of employees employed under this contract and
to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29
C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter
of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal
assistance is provided to support work on the underlying contract. The Contractor agrees to carry out
that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this
subsection (1), however, do not apply to any contract financed with Federal assistance provided by
FTA either for projects for elderly individuals and individuals with 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.
(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.
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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
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). Grantee choices concerning retainage should be reflected in the language
choices in clause subsection d.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part
26, Participation by Disadvantaged Enterprises in Department of Transportation Financial
Assistance Programs. Collier Area Transit's goal for DBE participation is 5.67 %.
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
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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. bipincwebapr)s .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.
29. r RESERVED 1
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Applies to subcontracts)
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
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
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has less control over its compliance with the drug and alcohol testing rules than it does under option
1. The advantage of this approach is that it places the responsibility for complying with the rules on
the entity that is actually performing the safety- sensitive function. Moreover, it reserves to the
recipient the power to ensure that the contractor complies with the program. The disadvantage of
Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself
out of compliance with the rules.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that complies
with 49 CFR 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
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d),
which states the Federal policy that elderly individuals and individuals with disabilities have the same
right as other individuals to use public transportation services and facilities, and that special efforts
shall be made in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to
comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended,
with 29 U.S.C. § 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
Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105 -178, 112 Stat.
547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and
Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable
ITS standards and interoperability tests that have been officially adopted through rulemaking by the
United States Department of Transportation (US DOT).
34. ARRA SPECIAL TERMS AND CONDITIONS
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the
recession, provide investments needed to increase economic efficiency by spurring technological
advances in science and health, invest in transportation, environmental protection, and other
infrastructure that will provide long -term economic benefits, stabilize State and local government
budgets, in order to minimize and avoid reductions in essential services and counterproductive State
and local tax increases.
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The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability, transparency, data collection and resources as specified in Act itself and
as discussed below.
Registration
Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor
Registration database (CCR). CCR registration can be completed at http: / /www.ccr.gov. CCR
registration must be completed before the first quarterly Section 1512 report is due.
Federal reporting on projects funded by the Recovery Act, will require contractors to report their
DUNS number. The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS
number, visit www.dnb.com and click on "D & B D -U -N -S Number" to obtain a number.
Compliance with American Recovery and Reinvestment Act of 2009:
This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the
federal reporting requirements for the project(s), through monthly reports, for both the contractor and
subcontractors. The Contractor shall provide the required information on form(s) provided by the
County in the timeframe indicated in the instructions and shall further include these reporting
requirements in all subcontracts.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the
authority:
(1) to examine any records of the Contractor or any of its subcontractors, or any State or Local
agency administering such contract, that directly pertain to, and involve transactions relating to, the
contract or subcontract; and
(2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State
or Local government agency administering the Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as
provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds
made available under the ARRA. Section 902 further states that nothing in this Section shall be
interpreted to limit or restrict in any way any existing authority of the Comptroller General.
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Exhibit I: B
Forms Due with Bid Package
1. Acknowledgement of Terms, Conditions, and Grant Clauses
2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
3. Certification Regarding Lobbying
4. Collier DBE /MBE Participation Statement
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Acknowledgement of Terms, Conditions, and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of
the signed subcontract must be forwarded to the Department for review and approval. The vendor
agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations,
and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this agreement. For each subcontract, the
Recipient shall provide a written statement to the Department as to whether the subcontractor is a
minority vendor as defined in Section 288.703, Fla. Stat.
Grant Clauses
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant
requirements identified in this solicitation document(s).
Vendor /Contractor Name: Date:
Authorized Signature:
Address:
Solicitation:
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Contract #:
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Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary
Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this application /proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name
Title
Firm
Project
Project Number
Tax ID Number
Street Address DUNS Number
City, State, Zip
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CERTIFICATION REGARDING LOBBYING
The undersigned
knowledge and belief, that:
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(Vendor) certifies, to the best of his or her
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by
Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Vendor /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.
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Signature of Vendor /Contractor's Authorized Official
Name and Title of Vendor /Contractor's Authorized Official
Date
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COLLIER COUNTY 2/25/2014 16.E.8.
ANTICIPATED DBE OR M /WBE PARTICIPATION STATEMENT
DBE /MBE /WBE Status will be verified. Unverifabie statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status.
n
PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT
IS THE PRIME A FLORIDA - CERTIFIED DISADVANTAGED,
ti
~ i
Black American
IS THE ACTIVITY OF THIS CONTRACT...
MINORITY OR WOMEN BUSINESS ENTERPRISE?
DBE? Y
N
CONSTRUCTION ? Y N
(DBE /MBE /WBE) OR HAVE A SMALL DISADVANTAGED
SAA
Asian-'Pacific American
- APA
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
MBE? Y
N
CONSULTATION? Y N
ADMINISTRATION?
WBE? Y
N
OTHER? Y N
SDB 8A? Y
N
IS THIS SUBMISSION A REVISION?j
Y
N
JIF YES, REVISION NUMBER
DBE M /WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB /SUPPLIER PERCENT OF CONTRACT
NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
DBE M /WBE
DBE M /WBE
DBE M /WBE
DBE M /WBE
DBE M /WBE
DBE M /WBE
I NAME OF SUBMITTER I DATE I TITLE OF SUBMITTER
L EMAIL ADDRESS OF PRIME ( SUBMITTER) I TELEPHONE NUMBEE I FAX NUMBER
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally- funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
I DEPARTMENT NAME I COLLIER CONTRACT # (IFB /RFP or PO /REQ) I FUNDING SOURCE
ACCEPTED BY: I DATE
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ti
~ i
Black American
BA
Hispanic American
HA.
Native American
NA
Subcont. Asian American
SAA
Asian-'Pacific American
- APA
Non - Minority Women
NMW
Other..not cif any other group listed
'O
I DEPARTMENT NAME I COLLIER CONTRACT # (IFB /RFP or PO /REQ) I FUNDING SOURCE
ACCEPTED BY: I DATE
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Exhibit 11: General Bid Instructions
1. Purpose /Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor ".
All bids must be submitted on the Bid forms furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non - responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non - responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and /or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and /o-
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with the Bid. These samples must be submitted to the County during the bid evaluation period.
The County shall be sole judge of equality or similarity, and its decision shall be final in the best
interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS ". Failure to
indicate any exceptions shall be interpreted as the Vendors intent to fully comply with the
specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of
bid response.
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications rip or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal:
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System website: www.colliergov.net /bid.
If Vendors are unable to submit an online bid, a paper bid may be submitted. For paper bids,
please submit one (1) paper copy clearly labeled "Master," and one (1) compact disks
(CD's /DVD's) with a copy of the vendor's proposal on each CD in Word, Excel or PDF.
Paper solicitations MUST be submitted to the Collier County Purchasing Department at 3327
Tamiami Trail East, Naples, FL, 34112, by the ITB deadline. The Solicitation Number and Title
must be clearly noted on the outside of the box or envelope.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department internet bid site.
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9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net /bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non - responsive.
12. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
13. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
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14. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
15. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Purchasing Director.
16. Grant Funded Purchases
Vendors submitting proposals for this purchase must validate that they are not excluded from
receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial
assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O.
12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement
suspension and debarment. Information for the former "Excluded Parties List System" may be
found at the System for Award Management (SAM) website at www.sam.gov, and select
SEARCH. This is a free web -site which consolidates Federal procurement systems and the
Catalog of Federal Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been
migrated into SAM.
a. American Recovery and Reinvestment Act of 2009 Special Terms and Conditions: The American
Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve
and create jobs and promote economic recovery, assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances
in science and health, invest in transportation, environmental protection, and other infrastructure
that will provide long -term economic benefits, stabilize State and local government budgets, in
order to minimize and avoid reductions in essential services and counterproductive State and local
tax increases.
i. Registration: Section 1512 provides that first tier Contractors of ARRA funds must register with
Central Contractor Registration database (CCR). CCR registration can be completed at
http: / /www.ccr.gov. CCR registration must be completed before the first quarterly Section
1512 report is due.
ii. Reporting: Section 1512 provides for federal reporting on projects funded by the American
Recovery and Reinvestment Act of 2009 (ARRA), requires vendors contractors to report
their Dun and Bradstreet number (DUNS). Vendors who do not know their DUNS number
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may receive more information through www.dnb.com and select "D & B D -U -N -S Number."
A DUNS number request takes approximately 30 days to receive and there is no cost.
Vendors will need this number if they are awarded a project with ARRA funds by Collier
County. If a project is grant funded, and to satisfy the grant reprinting requirements, the
County may require additional reporting information from the vendor (i.e. job reports, etc.).
Buy American: Section 1605(a) of the Recovery Act directs that, subject to certain exceptions,
no funds appropriated or otherwise made available for a project may be used for the
construction, alteration or repair of a public building or public work unless all the iron, steel
and manufactured goods used are produced in the United States. The law covers Recovery
Act - funded federal contracts as well as Recovery Act - funded state and local public works
projects.
iv. Davis Bacon: Section 1606 of the Recovery act directs that projects awarded as a result of this
contract may be subject to federal grant requirements involving prevailing wages as
described in the US Department of Labor's site http: / /www.gpo.gov /davisbacon /fl.htmi.
V. Waste Disposal: The County may request the assistance of the awarded supplier to assist with
developing a disposal plan for sanitary or hazardous waste generated by a specific project.
c. Davis Bacon: Projects awarded as a result of this contract may be subject to federal grant
requirements involving prevailing wages as described in the US Department of Labor's site
http://www.qpo.gov/davisbacon/fl.htmi.
d. Department of Transportation Disadvantaged Business Enterprise (DBE) program is intended to
ensure nondiscrimination in the award and administration of DOT - assisted contracts in the
Department's highway, transit, airport, and highway safety financial assistance programs.
Projects awarded as a result of this contract may be subject to federal grant requirements under
the DBE program. Additional information may be found at:
hftp://www.dotcr.ost.dot.gov/asp/dbe.asp.
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Exhibit III: Standard Purchase Order Terms and Conditions
1.
Offer
actual receipt of the goods by the COUNTY
This offer is subject to cancellation by the
nonetheless remain with VENDOR.
COUNTY without notice if not accepted by
b) No charges will be paid by the COUNTY for
VENDOR within fourteen (14) days of issuance.
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2.
Acceptance and Confirmation
Unless otherwise provided in Purchase
This Purchase Order (including all documents
Order, no invoices shall be issued nor
attached to or referenced therein) constitutes
payments made prior to delivery. Unless
the entire agreement between the parties, unless
freight and other charges are itemized, any
otherwise specifically noted by the COUNTY on
discount will be taken on the full amount of
the face of this Purchase Order. Each delivery of
invoice.
goods and /or services received by the COUNTY
c) All shipments of goods scheduled on the
from VENDOR shall be deemed to be upon the
same day via the same route must be
terms and conditions contained in this Purchase
consolidated. Each shipping container must
Order.
be consecutively numbered and marked to
show this Purchase Order number. The
No additional terms may be added and Purchase
container and Purchase Order numbers must
Order may not be changed except by written
be indicated on bill of lading. Packing slips
instrument executed by the COUNTY. VENDOR
must show Purchase Order number and
is deemed to be on notice that the COUNTY
must be included on each package of less
objects to any additional or different terms and
than container load (LCL) shipments and /or
conditions contained in any acknowledgment,
with each car load of equipment. The
invoice or other communication from VENDOR,
COUNTY reserves the right to refuse or
notwithstanding the COUNTY'S acceptance or
return any shipment or equipment at
payment for any delivery of goods and /or
VENDOR'S expense that is not marked with
services, or any similar act by VENDOR.
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
3.
Inspection
shipment made under this Purchase Order
All goods and /or services delivered hereunder
and the full invoice value of such shipment.
shall be received subject to the COUNTY'S
d) All invoices must contain the Purchase Order
inspection and approval and payment therefore
number and any other specific information as
shall not constitute acceptance. All payments are
identified on the Purchase Order. Discounts
subject to adjustment for shortage or rejection.
of prompt payment will be computed from the
All defective or nonconforming goods will be
date of receipt of goods or from date of
returned pursuant to VENDOR'S instruction at
receipt of invoices, whichever is later.
VENDOR'S expense.
Payment will be made upon receipt of a
proper invoice and in compliance with
To the extent that a purchase order requires a
Chapter 218, Fla. Stats., otherwise known as
series of performances by VENDOR, the
the "Local Government Prompt Payment
COUNTY prospectively reserves the right to
Act," and, pursuant to the Board of County
cancel the entire remainde of the Purchase
Commissioners Purchasing Policy.
Order if goods and /or services provided early in
the term of the Purchase Order are
5. Time Is Of the Essence
non - conforming or otherwise rejected by the
Time for delivery of goods or performance of
COUNTY.
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
4.
Shipping and Invoices
schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be
interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the
shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply
available to it at law or in equity. VENDOR
with all carrier regulations. Risk of loss of
agrees to reimburse the COUNTY for any
any goods sold hereunder shall transfer to
expenses incurred in enforcing its rights.
the COUNTY at the time and place of
VENDOR further agrees that undiscovered
delivery; provided that risk of loss prior to
delivery of nonconforming goods and /or services
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is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
7. Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party, These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
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including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12, Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
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without exception or stipulation shall be 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 awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property. transient rental
property rented, tangible personal purchased or
renter, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
1 71. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
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such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms o{
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order uplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
2. Conflict of Interest
Vendor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or
obligations within the past five (5) years; whether paid or donated, which could be construed by the
County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to
County staff review and does not in and of itself disqualify a firm from consideration. These disclosures
are intended to identify and or preclude conflict of interest situations during contract selection and
execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 80% or more of the solicitation amount for said work.
6. Deductions for Non - Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not
performed in accordance with requirements, including required timeframe. The County may also deduct,
or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's
non - performance.
7. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply with all
Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be
responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site. All firewall penetrations must be
protected in order to meet Fire Codes.
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Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
9. Public Records Compliance
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
10. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well - groomed and
courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who
are physically capable of performing their employment duties. The County may require the Vendor to
remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and
whose continued employment on Collier County projects is not in the best interest of the County.
11. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local
Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the
required licenses must be submitted with the bid response indicating that the entity bidding, as
well as the team assigned to the County account, is properly licensed to perform the activities or
work included in the ITB documents. Failure on the part of any vendor to supply this
documentation with their bid response may be grounds for deeming vendor non - responsive. A
Vendor with an office within Collier County is required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed
to the Tax Collector's Office at (239) 252 -2477.
12. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any property. in
the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the
performance of the required service, the Vendor shall repair /replace, to the County's satisfaction,
damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub
vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the
monies due the Vendor.
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13. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and /or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
14. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a coil ierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or services as
part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for
VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly
stating pricing for standard payment methods. An additional separate discounted price for traditional
payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash
Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices must be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
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Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off -set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
15. Survivability
Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation 13 -6107 — Gasoline and Diesel Fuel will survive
and remain subject to the terms and conditions of that Agreement until the completion or termination of
this Purchase Order.
16. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this
solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if
required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation anc
shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
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The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their AOMW
equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed
f
minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount
of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility
for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its
insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
costs within thirty (30) days after demand, the County has the right to offset these costs from any amount
due Vendor under this Agreement or any other agreement between the County and Vendor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) shall be considered justification for the County to
terminate any and all contracts.
17. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
other employment eligibility verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
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Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence
consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully
executed E- Verify Memorandum of Understanding for the company. Vendors are also required to
provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with
the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor
does not comply with providing both the acceptable E- Verify evidence and the executed affidavit
the bidder's / vendor's proposal may be deemed non - responsive.
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases
not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify) program
visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be 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 and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
18. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current published
County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request
from the Information Technology Department. All vendors will be required to adhere to IT policies for
access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours
in advance as to when access to the network is planned. Included in this request must be a detailed work
plan with actions that will be taken at the time of.access. The County IT Department has developed a
Technical Architecture Requirements Document that is required to be filled out and submitted with your
bid response. This document can be found on the Collier County Purchasing Department website:
www.colliergov.net /purchasing. On the left hand side of the menu, click on CC Technical Requirements.
If this document is not submitted with your bid response, your bid response may be deemed non-
responsive.
19. Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department. and drug testing for all employees that
shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for at
least four (4) years.
20. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and
erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic
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Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida
Department of Transportation's Design Standards (DS) on state roadways. These projects shall also
comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference.
Copies are available through the Risk Management and /or Purchasing Departments and are available
on -line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standards Indexes, or other related documents, so to become familiar with their
requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be
enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
21. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of
the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from
their work and as work progresses; or upon the request of the County's representative, shall remove and
dispose such debris and materials from the property. The Vendor shall leave all affected areas as they
were prior to beginning work.
22. Grant Compliance
The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the
State of Florida, or any other public or private foundations shall be subject to the compliance and
reporting requirements of the granting agency.
23. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform the
required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each.
Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of additional
equipment expense shall be at cost and will commence once equipment arrives at the service site. The
County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold
payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a
complete unit.
All equipment must be new and of current manufacture in production at the time of bid opening, and
carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and
parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to
delivery and /or acceptance by the County.
24. Storage Tank Installation and Closure Requirements
An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated
tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control
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Department (239- 252 -2502) via contract GC -690 with the Florida Department of Environmental
Protection (FDEP) is the County (local program) for the purposes of these rules.
Regulated tanks require notification to the `County' local program 30 days prior to installation and again
48 hours prior to commencement of the installation. Closure activities require a 10 day notification and
then a 48 hour notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation / closure activities. A series of inspections will be scheduled
based upon system design after discussing the project with the Vendor / Project Manager. Specifics on
applicability, exemptions and requirements for regulated pollutant storage tank systems can be found in
62 -761, F.A.C. and 62 -762, F.A.C. or contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and will be verified at
inspection along with installation and testing procedures. The approved equipment list is constantly
updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and
other applicable information.
25. 62- 761.300 Applicability
1) General Requirements:
a) Underground storage tank systems: The requirements of this Chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of UST systems
with individual storage tank capacities greater than110 gallons that contain or contained:
i) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984
ii) Pollutants or hazardous substances after December 10, 1990; or
iii) Regulated substances in unmaintained storage tank systems.
b) This rule is applicable to non - residential facilities. Under 40 C.F.R. 280, residential tanks greater
than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information
only -not required by this Chapter).
26.62-762.301, F.A.C. Applicability
1) General Requirements:
a) Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise,
apply to owners and operators of facilities, or owners and operators of aboveground stationary
storage tank systems with individual storage tank capacities greater than 550 gallons that contair
or contained: Vehicular fuel, subject to Chapter 17 -61. F.A.C., after May 21, 1984
(1) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984;
(2) Pollutants after March 12, 1991; or
(3) Pollutants in unmaintained storage tank systems.
b) Aboveground compression vessels and hazardous substance storage tank systems: Owners and
operators of compression vessels and hazardous substance storage tanks with capacities of
greater than 110 gallons containing hazardous substances are only required to comply with
subsections 62- 762.401(1) -(2), F.A.C.
c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners
and operators of aboveground mineral acid storage tank systems with capacities of greater than
110 gallons containing mineral acids are only required to comply with Rule 62- 762.891, F.A.C.
27. Definitions
62- 761.200(11) and 62- 762.201(16), F.A.C.: "County' means a locally administered program under
contract with the Department to perform compliance verification activities at facilities with storage tank
systems.
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62- 761.200(48) and 62- 762.201(62) F.A.C.: "Pollutants" includes any "product" as defined in Section
377.19(l 1), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum
gas.
62- 761.200(51) and 62- 762.201(65) F.A.C.: "Product' as defined in Section 377.19(l 1), F.S., means
any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude,
processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil,
treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate,
condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or
mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or
mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove
enumerated or not.
62- 761(73) and 62- 762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor
vehicles, including aircraft, watercraft and vehicles used on and off roads and rails.
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coZner C :owny
Adminizabve Swvices Division
Purcha�qng
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did
not wish to respond to this ITB.
If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s)
listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail
to: Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 13 -6107 — Gasoline and Diesel Fuel
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
�l Incorrect address used. Please correct mailina address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State. Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature Date:
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Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces
indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. All granting agency requirements have been met including submittal of required forms.
6. Any required drawings, grant forms, descriptive literature, etc. have been included.
7. Any delivery information required is included.
8. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been
included.
9. Addendum have been signed and included, if applicable.
10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at:
www.sam.gov.
11. Immigration Affidavit and a copy of the company's E- Verify profile page or memorandum of
understanding.
12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB.
13. All required Grant agency forms (Provided in Exhibit 1.13).
14. Emergency Response Plan.
15. Emergency Fuel Supply Plan.
16.. Proof of fuel supply contracts with Port Everglades and Port of Tampa.
17. The mailing envelope must be addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 13 -6107 — Gasoline and Diesel Fuel
• Opening Date: 01/28/2014, 3:OOPM
15. The bid will be mailed or delivered in time to be received no later than the specified opening date and
time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF
THE COURIER PACKET.
Company Name
Signature & Title
Date
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Attachment 3: Vendor Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 13 -6107 — Gasoline and Diesel Fuel
Dear Commissioners:
2/25/2014 16.E.8.
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the
Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the
scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid
or the Contract to be entered into as principals are named herein; that this Bid is made without connection
with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith,
without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase
order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and
specifications denoted herein, according to the following unit prices:
Item
Description
Total
17
BID TOTAL
$
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15)
days payment be offered.
Prompt Payment Terms: % Days; Net _Days
❑ Bid Response Form is electronic. Please input your prices online.
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract,
if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15)
days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
2010 in the County of
in the State of
Firm's Complete Legal Name
Firm's Dun and Bradstreet
Number (DUNS)
(Found at www.dnb.com)
CCR # or CAGE Code
(Found at www.ccr.gov)
Florida Certificate of Authority
Document Number
(http: / /www.sunbiz.org)
Federal Tax Identification
Number
Address
City, State, Zip
Telephone Number
FAX Number
Check one of the following:
❑ Sole Proprietorship
❑ Corp or P.A. State of
❑ Limited Partnership
❑ General Partnership
Signature / Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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Attachment 4: Immigration Law Affidavit Certification
Solicitation # and Title :13 -6107 — Gasoline and Diesel Fuel
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to
enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor /
Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
#13- 6107 62
Gasoline and Diesel Fuel
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CAm-m city
Atlrr m&ahve Se cm Dwism
Attachment 5: Vendor Substitute W -9 Pumhasirg
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Information
Address
City State Zip
FAX
Email
2. Company Status (check only one)
City
zip.
Email
Remit / Payment Information
Address
City State Zip
FAX
Email
_Individual / Sole Proprietor _Corporation _Partnership
_Tax Exempt (Federal income tax - exempt entity _ Limited-1 y Company
under Internal Revenue Service guidelines IRC
501 (c) 3) Enter the tax classification
i (D = Disregarded Entity C = Corporation P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
#13 -6107
Gasoline and Diesel Fuel
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cover C; >
AdmnsMwe seMOes Dimon
PurthasiM
Attachment 6: Insurance and Bonding Requirements
Insurance /Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$500.000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
conduct of the ContractorNendor /Consultant or anyone employed or utilized
patterned after the current
$1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the ContractorNendor /
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor /Consultant or anyone employed or utilized
by the Contractor/Vendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. ® Automobile Liability
$ 1.000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ Othe- insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
#13 -6107
Gasoline and Diesel Fuel
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 Per Occurrence
❑ Professional Liability $ Per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
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❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he
is required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.
The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability
may be required within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
#13 -6107
Gasoline and Diesel Fuel
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Attachment 7: Qualification Questions
The following questions will be used to determine your company's ability to service the County's needs.
The County will be the sole judge of determining the adequacy of refueling assets and other
requirements.
1 What is the total number of tractor trailer transports owned and based
locally?
2 Total fuel capacity of all local owned transport trailers in gallons?
3 Number of tank wagon trucks owned and based locally?
4 Total fuel capacity of all owned tank wagon trucks in gallons?
5 Capacity in gallons of fixed fuel storage tanks at local supply point?
6 Is your supply point equipped with an emergency generator?
7 Is your Emergency Response Plan attached?
8 Is your Emergency Fuel Supply Plan attached?
9 Proof of fuel supply contracts:
Port Everglades?
Port of Tampa?
10 Do you have a retail fueling station or a contract with preferred pricing
with a local gas station in Collier County?
11 If yes, please include the markup per gallon from wholesale for the following
items at the refueling station:
Unleaded 87 AKI
#2 On -road Diesel
#13 -6107 66
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A G R E E M E N T 13-6107
for
Gasoline & Diesel Fuel
THIS AGREEMENT, made and entered into on this day of 2014, by
and between Seminole Tribe of Florida, Inc., authorized to do business in the State of Florida,
whose business address is 3170 South Horseshoe Drive, Naples, Florida 34104, (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the
"County "):
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
March 2, 2014, and terminating on March 1, 2016.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for one
(1) additional two (2) year period. The County shall give the Contractor written notice of
the County's intention to extend the Agreement term not less than ten (10) days prior to
the end of the Agreement term then in effect.
2. STATEMENT OF WORK, The Contractor shall furnish and deliver unleaded gasoline
and diesel fuel on an as needed basis in accordance with the terms and conditions of Bid
#13 -6107 - "Gasoline and Diesel Fuel ", including Exhibit "B" Granting Agency
Requirements and the Contractor's proposal referred to herein and made an integral
part of this agreement.
The Board of County Commissioners deemed two (2) contractors to be qualified and
awarded a Contract to each contractor for goods and services on a Primary, Secondary
basis.
All fuel shall first be purchased from the Primary Contractor, (Seminole Tribe of Florida,
Inc.) In the event the Primary Contractor is unwilling, unable, or deemed non-
responsive by the contract manager, then the Secondary Contractor (Edison Oil
Company) will be contacted.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at cost plus their
corresponding markup listed on Exhibits "A" and Exhibit 'B" of this document. State
and Federal Pollution taxes are not to be included in the firm markup. Rather, these
taxes are to be shown as itemized expenses within each invoice. .
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Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s). Payment will be made NET 30 DAYS,
upon receipt of a proper invoice and upon approval by the Project Manager or his
designee.
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond
the specified deadline period is subject to non - payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following address:
Seminole Tribe of Florida, Inc.
3170 S. Horseshoe Drive
Naples, Florida 34104
Attention: Micheal Ulizio, CFO
Telephone: 239- 262 -4124
Facsimile: 239- 262 -7861
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Joanne Markiewicz, Director, Procurement Services
Telephone: 239- 252 -8407
Facsimile: 239- 252 -6580
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85- 8015966531C -2.
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6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County. All
non - County permits necessary for the prosecution of the Work shall be procured and paid
for by the Contractor. The Contractor shall also be solely responsible for payment of any
and all taxes levied on the Contractor. In addition, the Contractor shall comply with all
rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government
now in force or hereafter adopted. The Contractor agrees to comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if
the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
contract of the Contractor. Should the Contractor fail to correct anv such violation,
conduct, or practice to the satisfaction of the County within twenty -four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
9. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory- to the County as per this Agreement, the County may terminate said
agreement 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.
in the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Contract Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on
portions of the services not performed.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
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11. INSURANCE. The Contractor shall provide insurance as follow =s:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property
Damage Liability. . This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000
for each accident.
D. Pollution Liability Insurance: $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the Count- in the event of cancellation
or modification of any stipulated insurance coverage.
Contractor shall ensure that all sub Contractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. 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 attorneys'
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 Collier
County.
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12.1 The duty to defend under this Article 12 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the
County or an indemnified party, for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County, by the Fleet Management Department.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the component
parts, all of which are as fully a part of the contract as if herein set out verbatim:
Contractor's Proposal, Insurance Certificate, Exhibits "A" and `B" of this contract, and Bid
#13 -6107 Specifications/ Scope of Services and Addenda.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directhT or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the followin
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
18. 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.
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19. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision - making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations to
County for approval. Failing resolution, and prior to the commencement of depositions in
any litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision - making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
20, VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
23. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
24. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
anti of the Contract Documents, the terms of the ITB and /or the Contractor's Proposal, the
Contract Documents shall take precedence.
25. ASSIGNMENT. Contractor shall not assign this Agreement or and, part thereof, without
the prior consent in writing of the County. Ant- attempt to assign or otherwise transfer this
Agreement, or any part herein, without the Countv's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
26. BACKGROUND CHECKS. If required, Contractor shall be responsible for the costs of
providing background checks by the Collier County Facilities Management Department
for all employees that shall provide services to the County under this Agreement. This
may include, but not be limited to,, checking federal, state and local law enforcement
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records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
* * *** * * * * * *** * * * ************* *Remainder of page intentionally left
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By
Dated:
(SEAL)
First Witness
TType/ print witness name,
Second Witness
TType/ print witness name
Approved as to form and legality:
Assistant Counter Attorney
Print Name
By
Tom Henning, Chairman
SEMINOLE TRIBE OF FLORIDA, INC.
Contractor
Signature
Typed signature and title
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Exhibit A
13 -6107 - Gasoline and Diesel Fuel
Product Type_
Method
Markup /Gal
Unleaded — Reg. 87 AKI
Transport
0.040000
Unleaded — Reg. 87 AKI
Tank Wagon
0.110000
Combo - Reg. 87 AKI
Transport
0.040000
Combo - #2 Diesel ULSD
Transport
0.045000
Diesel - #2 Ultra Low Sulfur
Transport
0.045000
Diesel - #2 High Sulfur
Transport
0.045000
Diesel - #2 Ultra Low Sulfur
Tank Wagon
0.110000
Diesel - #2 High Sulfur
Tank Wagon
0.110000
Retail location - Unleaded 87 AKI
Markup (per gal)
0.100000
Retail location - #2 Diesel
Markup (per gal)
a 100000
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EXHIBIT "B"
Granting Agency Requirements
Federal Transit Administration Provisions
CFDA 20.500 120.507
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.
Box is Checked
If Applicable
❑ 1. Fly America Requirements
❑ 2. Buy America Requirements - Sian 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 - Sian Certification
❑ 9. Pre -Award and Post Delivery Audit Requirements - Sian Certification
® 10. Lobbying - Sian Certification
® 11. Access to Records and Reports
Z 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 - Sign Exhibit Certification
® 23. 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)
(TWO FORMS) Anticipated DBE Form and Bidders List
❑ 29. [Reserved]
® 30. Incorporation of Federal Transit Administration (FTA) Terms
❑ 31. Drug and Alcohol Testing
❑ 32. ADA Access
❑ 33. ITS Standards
❑ 34. ARRA
1. FLY AMERICA REQUIREMENTS
(Applies to subcontracts)
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
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and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for
U.S Government - financed international air travel and transportation of their personal effects or
property, to the extent such service is available, unless travel by foreign air carrier is a matter of
necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was
used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag
air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees
to include the requirements of this section in all subcontracts that may involve international air
transportation.
2. BUY AMERICA REQUIREMENTS
(Applies to subcontracts)
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
(Attachments) with all bids or offers on FTA- funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
3. CHARTER BUS REQUIREMENTS
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
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
(Applies to subcontracts)
Use of United States -Flag Vessels - The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the
extent such vessels are available at fair and reasonable rates for United States -Flag commercial
vessels;
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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
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
(Applies to subcontracts)
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
(Applies to subcontracts OVER $10,000)
(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 seg. 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.
8. BUS TESTING
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
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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.
9. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply with 49
U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following
certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying
either compliance or noncompliance with Buy America. If the Bidder /Offeror certifies compliance with
Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the
rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs;
and 2) the location of the final assembly point for the rolling stock, including a description of the
activities that will take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be
capable of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1) manufacturer's
FMVSS self- certification sticker information that the vehicle complies with relevant FMVSS or 2)
manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.
10. LOBBYING
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by
49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
11. ACCESS TO RECORDS AND REPORTS
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)1, which is receiving federal financial assistance through the programs described at 49
U.S.C. 5307, 5309 or 5311.
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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)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or
5311. By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non - profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 19.48, Contractor agrees 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)1) through other than competitive bidding, the Contractor shall make available
records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller
General or any authorized officer or employee of any of them for the purposes of conducting an audit
and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of this
contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed
of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
12. 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
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.
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).
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It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his
bid within [ninety (90)j 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 than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and
faithful performance of a contract obligation and the payment of labor and material expended pursuant
to a contract whenever, and in such amounts, as required by statute or otherwise as deemed
necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution
operating within the State of Florida (or other alternative forms of surety as permitted under Florida
law) may be sufficient in place of the performance bond if so provided for in the bid and contract
documents. All such bonds or letters of credit shall be approved as to form by the County Attorney.
A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract
Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds
shall be underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This
circular may be accessed via the web at www .fms.treas.aov /c570 /c570.html #certified. Should the
Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern
the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an
advance payment provision and a performance bond is not furnished. The (recipient) shall determine
the amount of the advance payment bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient)
shall determine the amount of the patent indemnity to protect the (Recipient).
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Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and
equipment furnished under this Contract will be of highest quality and new unless otherwise specified
by (Recipient), free from faults and defects and in conformance with the Contract Documents. All
work not so conforming to these standards shall be considered defective. If required by the [Project
Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in
the various trades. The Work must be of safe, substantial and durable construction in all respects.
The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a
minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any
defective materials or equipment or faulty workmanship during the period of the guarantee at no cost
to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of
Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in
form acceptable to (Recipient) written by the same corporate surety that provides the Performance
Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the
Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED
PERCENT (100 %) of the CONTRACT SUM, as adjusted (if at all).
14. CLEAN AIR
(Applies to subcontracts OVER $100,000)
(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 seg. 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.
IS. RECYCLED PRODUCTS
(Applies to subcontracts for purchases $10,000 or more of one of these items in a fiscal year,
or when the cost of such items purchased during the previous fiscal year was $10,000.)
Recovered Materials - The contractor agrees to 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. DAVIS -BACON AND COPELAND ANTI- KICKBACK ACTS
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics.
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Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)
of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular
contributions made or costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, That the
employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classifications and wage rates
conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in
which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (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.
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(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards
of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed
in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been
met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment
Standards Administration, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under
this contract or any other Federal contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as may be considered necessary to
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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 anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
OVA) The contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The
payrolls submitted shall set out accurately and completely all of the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be
submitted in any form desired. Optional Form WH -347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract. ,
(C) The weekly submission of a properly executed certification set forth on the reverse side of
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Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance"
required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed 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 fo7 the
applicable apprentice classification, fringes shall be paid in accordance with that determination. in the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees - Except-as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate
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specified in the approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of
the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of
its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or
their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
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17. _CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at
a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this
section.
(3) Withholding for unpaid wages and liquidated damages - XCollier County shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime contractor,
or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section.
18. F RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract, absent
the express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(Applies to subcontracts)
Program Fraud and False or Fraudulent Statements or Related Acts.
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(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
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 controi
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
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right to terminate the Contract without any further obligation to Contractor. Any such termination for
default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies
against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for
any breach by Contractor of any covenant, term or condition of this Contract, such waiver by
(Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other
term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by
written notice, may terminate this contract, in whole or in part, when it is in the Government's interest.
If this contract is terminated, the Recipient shall be liable only for payment under the payment
provisions of this contract for services rendered before the effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the Contractor fails
to comply with any other provisions of this contract, the (Recipient) may terminate this contract for
default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. The Contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in this
contract or any extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be
paid the contract price for services performed in accordance with the manner of performance set forth
in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor
shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the
Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation
and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or
any separable part, with the diligence that will insure its completion within the time specified in this
contract or any extension or fails to complete the work within this time, or if the Contractor fails to
comply with any other provisions of this contract, the (Recipient) may terminate this contract for
default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. In this event, the Recipient may take over the work and compete
it by contract or otherwise, and may take possession of and use any materials, appliances, and plant
on the work site necessary for completing the work. The Contractor and its sureties shall be liable for
any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work
within specified time, whether or not the Contractor's right to proceed with the work is terminated.
This liability includes any increased costs incurred by the Recipient in completing the work.
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The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages
under this clause if-
1. The delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts
of the Recipient, acts of another Contractor in the performance of a contract with the Recipient,
epidemics, quarantine restrictions, strikes, freight embargoes; and
2. The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing
of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for
completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive
on the parties, but subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if
the termination had been issued for the convenience of the Recipient.
I. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may
terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of
the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination.
Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected
(unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings,
specifications, reports, estimates, summaries, and other information and materials accumulated in
performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may
complete the work by contact or otherwise and the Contractor shall be liable for any additional cost
incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not
in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate
this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall
state whether the termination is for convenience of the (Recipient) or for the default of the Contractor.
If the termination is for default, the notice shall state the manner in which the contractor has failed to
perform the requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to the Contractor
by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract
provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to
the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient)
and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract
close -out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work
performed up to the time of termination.
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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)
(Applies to subcontracts)
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.
23. PRIVACY ACT
5 U.S.C. 552
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,
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 Govemment financed in whole or in part with Federal
assistance provided by FTA.
24. CIVIL RIGHTS REQUIREMENTS
(Applies to subcontracts)
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
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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 AWRW
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seg., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and
with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The Contractor agrees
to take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of 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
(Applies to subcontracts)
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement
of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of
employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of
receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of
employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the [title of employee] shall be
binding upon the Contractor and the Contractor shall abide be the decision,
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.
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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
(Applies to subcontracts)
A. Rights in Data - This following requirement applies to each contract involving experimental,
developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in specifications or
related performance or design -type documents; machine forms such as punched cards, magnetic
tape, or computer memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer 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
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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.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the
Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents,
and employees acting within the scope of their official duties against any liability, including costs and
expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of
proprietary rights, copyrights, or 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, or discovery is patentable under the laws of the United States of America or
any foreign country, the Purchaser and Contractor agree to take actions necessary to provide
immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the
Contractor's status (a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual), the Purchaser and the
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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.
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
(Applies to subcontracts)
Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable
transit employee protective requirements as follows:
(a) _General Transit Employee Protective Requirements - To the extent that FTA determines that
transit operations are involved, the Contractor agrees to carry out the transit operations work on the
underlying contract in compliance with terms and conditions determined by the U.S. Secretary of
Labor to be fair and equitable to protect the interests of employees employed under this contract and
to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29
C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter
of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal
assistance is provided to support work on the underlying contract. The Contractor agrees to carry out
that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this
subsection (1), however, do not apply to any contract financed with Federal assistance provided by
FTA either for projects for elderly individuals and individuals with 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.
(b) Transit Employee Protective Requirements for Proiects Authorized by 49 U.S.C. § 5310(a)(2) for
Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed
in whole or in part with Federal assistance authorized by 49 U.S.C. § 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 wjth
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.
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28. DISADVANTAGED BUSINESS ENTERPRISE
Backa round and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE)
program became effective July 16, 2003. The rule provides guidance to grantees on the use of
overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE
participation where specific contract goals have been set, reporting requirements, and replacement of
DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including
limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or
not.
The DBE program applies to all DOT - assisted contracting activities. A formal clause such as that
below must be included in all contracts above the micro - purchase level. The requirements of clause
subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage
(see section 26.29). Grantee choices concerning retainage should be reflected in the language
choices in clause subsection d.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part
26, Participation by Disadvantaged Enterprises in Department of Transportation Financial
Assistance Programs. Collier Area Transit's goal for DBE participation is 5.67 %.
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
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work. The contractor may not terminate any DBE subcontractor and perform that work
through its own forces or those of an affiliate without prior written consent of Collier County.
29. r RESERVED 1
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Applies to subcontracts)
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
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 control over its compliance with the drug and alcohol testing rules than it does under option
1. The advantage of this approach is that it places the responsibility for complying with the rules or,
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 Pare
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.
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32. ADA Access
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d),
which states the Federal policy that elderly individuals and individuals with disabilities have the same
right as other individuals to use public transportation services and facilities, and that special efforts
shall be made in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to
comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended,
with 29 U.S.C. § 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
Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105 -178, 112 Stat.
547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and
Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable
ITS standards and interoperability tests that have been officially adopted through rulemaking by the
United States Department of Transportation (US DOT).
34. ARRA SPECIAL TERMS AND CONDITIONS
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the
recession, provide investments needed to increase economic efficiency by spurring technological
advances in science and health, invest in transportation, environmental protection, and other
infrastructure that will provide long -term economic benefits, stabilize State and local government
budgets, in order to minimize and avoid reductions in essential services and counterproductive State
and local tax increases.
The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability, transparency, data collection and resources as specified in Act itself and
as discussed below.
Registration
Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor
Registration database (CCR). CCR registration can be completed at http: / /www.ccr.gov, CCR
registration must be completed before the first quarterly Section 1512 report is due.
Federal reporting on projects funded by the Recovery Act, will require contractors to report their
DUNS number. The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS
number, visit www.dnb.com and click on "D & B D -U -N -S Number" to obtain a number.
Compliance with American Recovery and Reinvestment Act of 2009:
This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the
federal reporting requirements for the project(s), through monthly reports, for both the contractor and
subcontractors. The Contractor shall provide the required information on form(s) provided by the
County in the timeframe indicated in the instructions and shall further include these reporting
requirements in all subcontracts.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the
authority:
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(1) to examine any records of the Contractor or any of its subcontractors, or any State or Local
agency administering such contract, that directly pertain to, and involve transactions relating to, the
contract or subcontract; and
(2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State
or Local government agency administering the Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as
provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds
made available under the ARRA. Section 902 further states that nothing in this Section shall be
interpreted to limit or restrict in any way any existing authority of the Comptroller General.
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A G R E E M E N T 13-6107
for
Gasoline & Diesel Fuel
THIS AGREEMENT, made and entered into on this day of 2014, by
and between Edison Oil Company, authorized to do business in the State of Florida, whose
business address is 6940 Mission Lane, Fort Myers, Florida 33916 (the "Contractor ") and
Collier County, a political subdivision of the State of Florida, (the "County "):
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
March 2, 2014, and terminating on March 1, 2016.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for one
(1) additional two (2) year period. The County shall give the Contractor written notice of
the County's intention to extend the Agreement term not less than ten (10) days prior to
the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall furnish and deliver unleaded gasoline
and diesel fuel on an as needed basis in accordance with the terms and conditions of Bid
#13 -6107 - "Gasoline and Diesel Fuel ", including Exhibit "B" Granting Agency
Requirements and the Contractor's proposal referred to herein and made an integral
part of this agreement.
The Board of County Commissioners deemed two (2) contractors to be qualified and
awarded a Contract to each contractor for goods and services on a Primary, Secondary
basis.
All fuel shall first be purchased from the Primary Contractor, (Seminole Tribe of Florida,
Inc.) In the event the Primary Contractor is unwilling, unable, or deemed n.on-
resnonsive by the contract manager, then the Secondary Contractor (Edison Oil
Company) will be contacted.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at cost plus their
corresponding markup listed on Exhibit "A" of this document. State and Federal
Pollution taxes are not to be included in the firm markup. Rather, these taxes are to be
shown as itemized expenses within each invoice.
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Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s). Payment will be made upon receipt of a
proper invoice and upon approval by the Project Manager or his designee, and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act ". If payments are made within fifteen (15) days, a discount of
.0015 (.15 %) shall apply.
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond
the specified deadline period is subject to non - payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following address:
Edison Oil Company
6940 Mission Lane
Fort Myers, Florida 33916
Attention: Walter Eakins IIl, Vice President
Telephone: 239 - 334 -0151
Facsimile: 239 - 334 -4527
All Notices from the Contractor to the County shall be deemed duly served if mailed or
J r
faxed to the Count-,,- to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Joanne Markiewicz, Director, Procurement Services
Telephone: 239 - 252 -8407
Facsimile: 239-252-6580,
The Contractor and the County may change the above mailing address at anv time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
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exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C-2.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County. All
non - County permits necessary for the prosecution of the Work shall be procured and paid
for by the Contractor. The Contractor shall also be solely responsible for payment of any
and all taxes levied on the Contractor. In addition, the Contractor shall comply with all
rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government
now in force or hereafter adopted. The Contractor agrees to comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if
the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
contract of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty -four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
Count-\,.
9. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate said
agreement immediately for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. y The County shall be sole judge of
non - performance.
In the event that the County terminates this Agreement, Contractors recovery against the
County shall be limited to that portion of the Contract Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on
portions of the services not performed.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
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11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000
for each accident.
D. Pollution Liability Insurance: $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirtv (30) day notification to the County in the event of cancellation
or modification of any stipulated insurance coverage.
Contractor shall ensure that all sub Contractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATIOI\. To the maximum extent permitted by Florida Iav-, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any anc
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused bN, the negligence, recklessness, or
intentionally wrongful conduct of the Contractor or anyone employed or utilized by the
Contractor in the performance of this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
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12.1 The duty to defend under this Article 12 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Fleet Management Department.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the component
parts, all of which are as fully a part of the contract as if herein set out verbatim:
Contractor's Proposal, Insurance Certificate, Exhibits "A" and "B" of this contract, and Bid
#13 -6107 Specifications/ Scope of Services and Addenda.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and /or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
18. 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.
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19. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision - making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations to
County for approval. Failing resolution, and prior to the commencement of depositions in
any litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision - making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
20. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
23. ADDITIONAL ITEMS/SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
24. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the
Contract Documents shall take precedence.
25. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
26. BACKGROUND CHECKS. If required, Contractor shall be responsible for the costs of
providing background checks by the Collier County Facilities Management Department
for all employees that shall provide services to the County under this Agreement. This
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may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence <.
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
* *** * * * * * * * * * * * ***** ** *****Remainder of page intentionally left
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
Type /print witness nameT
Second Witness
'Type/ print witness name's
Approved as to form and
legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Tom Henning, Chairman
Edison Oil CompanX
Contractor
Signature
Typed signature and title
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Exhibit A
13 -6107 - Gasoline and Diesel Fuel
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Edison Oil
Product Type
Method
Markup /Gal
Unleaded — Reg. 87 AKI
Transport
0.049800
Unleaded — Reg. 87 AKI
Tank Wagon
0.093000
Combo - Reg. 87 AKI
Transport
0.049800
Combo - #2 Diesel ULSD
Transport
0.055900
Diesel - #2 Ultra Low Sulfur
Transport
0.055900
Diesel - #2 High Sulfur
Transport
0.055900
Diesel - #2 Ultra Low Sulfur
Tank Wagon
0.093000
Diesel - #2 High Sulfur
Tank Wagon
0.055900
Retail location - Unleaded 87 AKI
Markup (per gat)
0.250000
Retail location - #2 Diesel j
Markup (per gal)
0.250000
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EXHIBIT "B"
Exhibit I.A: Granting Agency Requirements
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
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.
Box is Checked
If Applicable
❑ 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
7I 21. Termination
® 22. Government -wide Debarment and Suspension - Sian Exhibit Certification
® 23. 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)
(TWO FORMS) Anticipated DBE Form and Bidders List
❑ 29. [Reserved]
❑ 30. Incorporation of Federal Transit Administration (FTA) Terms
7131. Drug and Alcohol Testing
❑ 32. ADA Access
❑ 33. ITS Standards
❑ 34. ARRA
1. FLY AMERICA REQUIREMENTS
(Applies to subcontracts)
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The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the
General Services Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and
subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S
Government - financed international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by
the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was not
available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate
of compliance with the Fly America requirements. The Contractor agrees to include the requirements of
this section in all subcontracts that may involve international air transportation.
2. BUY AMERICA REQUIREMENTS
(Applies to subcontracts)
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
(Attachments) with all bids or offers on FTA- funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
loft
3. CHARTER BUS REQUIREMENTS
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
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
(Applies to subcontracts)
Use of United States -Flag Vessels - The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States -Flag commercial vessels;
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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
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
(Applies to subcontracts)
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
(Applies to subcontracts OVER $10,000)
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees
to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,
report each violation as required to assure notification to 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.
8. BUS TESTING
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.
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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.
9. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. §
5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either
compliance or noncompliance with Buy America. If the Bidder /Offeror certifies compliance with Buy
America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling
stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the
location of the final assembly point for the rolling stock, including a description of the activities that will
take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of
meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1) manufacturer's
FMVSS self - certification sticker information that the vehicle complies with relevant FMVSS or 2)
manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.
10. LOBBYING
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49
CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal
funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures
are forwarded from tier to tier up to the recipient.
11. ACCESS TO RECORDS AND REPORTS
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)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the 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)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
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definition, a major capital project excludes contracts of less than the simplified acquisition
threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non - profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
19.48, Contractor agrees 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)1) through other than competitive bidding, the Contractor shall make available records related to
the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this contract,
except in the event of litigation or settlement of claims arising from the performance of this contract, in
which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
12. 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
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.
Riahts Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) tc
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)j 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
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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 than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful
performance of a contract obligation and the payment of labor and material expended pursuant to a
contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by
the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the
State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in
place of the performance bond if so provided for in the bid and contract documents. All such bonds or
letters of credit shall be approved as to form by the County Attorney.
A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract
Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall
be underwritten by a. surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of
the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed
via the web at www .fms.treas..qov /c570 /c570.html #certified. Should the Contract Amount be less
than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification
of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to
do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its
cost and expense another bond and surety, both of which shall be subject to the Owner's approval.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an advance
payment provision and a performance bond is not furnished. The (recipient) shall determine the amount
of the advance payment bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished
and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine
the amount of the patent indemnity to protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and /or Engineer that all materials and equipment
furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient),
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free from faults and defects and in conformance with the Contract Documents. All work not so
conforming to these standards shall be considered defective. If required by the [Project Manager], the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the
various trades. The Work must be of safe, substantial and durable construction in all respects. The
Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum
period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective
materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient).
As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as
provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to
(Recipient) writter) 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
(Applies to subcontracts OVER $100,000)
(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 seg. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
15. RECYCLED PRODUCTS
(Applies to subcontracts for purchases $10,000 or more of one of these items in a fiscal year, or
when the cost of such items purchased during the previous fiscal year was $10,000.)
Recovered Materials - The contractor agrees to 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. DAVIS -BACON AND COPELAND ANTI - KICKBACK ACTS
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which mav_ be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
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during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed, without regard
to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more
than one classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon
poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in
which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period
that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting
officer, to the Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (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
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consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program. .
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting
officer, to the Administrator for determination. The Administrator, or an authorized representative, will
issue a determination with 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally- assisted
contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor 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.
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(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the construction or development of the project). Such records shall
contain the name, address, and social security. number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon
Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A).The contractor shall submit weekly for each week in which any contract work is performed a copy of
all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls
submitted shall set out accurately and completely all of the information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired.
Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029 - 005 - 00014 -1) U.S. Government Printing Office, Washington, DC
20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under section
5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil
or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States
Code.
(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
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Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In .addition, any apprentice performing
work on the job site in .excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman houriy rate specified in the
applicabie wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
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program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements
of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor
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shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - Collier County shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to
be withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of
this section.
18. f RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other
party (whether or not a party to that contract) pertaining to any matter resulting from the underlying
contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(Applies to subcontracts)
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 sea. 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.
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(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
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 available remedies against
Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any
breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall
not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or
condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by
written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If
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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 fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient)
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default.
In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for completing the
work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's
right to proceed with the work is terminated. This liability includes any increased costs incurred by the
Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under
this clause if-
1. The delay in completing the work arises from unforeseeable causes beyond the control and without
the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the
Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics,
quarantine restrictions, strikes, freight embargoes; and
2. The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of
the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing
the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties,
but subject to appeal under the Disputes clauses.
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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 contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this
contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state
whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the
termination is for default, the notice shall state the manner in which the contractor has failed to perform
the requirements of the contract. The Contractor shall account for any property in its possession paid for
from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the
termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the
contractor in proportion to the value, if any, of work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-
out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up
to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an
excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are
beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
(Applies to subcontracts)
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.
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23. PRIVACY ACT
5 U.S.C. 552
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,
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
(Applies to subcontracts)
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 sec., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
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(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
(Applies to subcontracts)
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee].
This.decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its
copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection
with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in
support of its position. The decision of the [title of employee] shall be binding upon the Contractor and
the Contractor shall abide be the decision.
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
(Applies to subcontracts)
A. Rights in Data - This following requirement applies to each contract involving experimental,
developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted,
that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial
delineation in media such as drawings or photographs; text in specifications or related performance or
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design -type documents; machine forms such as punched cards, magnetic tape, or computer memory
printouts; and information retained in computer memory. Examples include, but are not limited to:
computer 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.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the
Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and
employees acting within the scope of their official duties against any liability, including costs and
expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary
rights, copyrights, or 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.
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(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, or discovery is patentable under the laws of the United States of America or any foreign
country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a
detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the
Contractor's status (a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual), the Purchaser and the
Contractor agree to take the necessary actions to provide, through 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.
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
(Applies to subcontracts)
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
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protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the letter of certification from the U.S.
DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to
support work on the underlying contract. The Contractor agrees to carry out that work in compliance with
the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not
apply to any contract financed with Federal assistance provided by FTA either for projects for elderly
individuals and individuals with 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.
(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 incompliance 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
Backaround and ADDlicabilit
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE)
program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall
and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation
where specific contract goals have been set, reporting requirements, and replacement of DBE
subcontractors. Additionally, the DBE program dictates payment terms and conditions (including
limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT - assisted contracting activities. A formal clause such as that
below must be included in all contracts above the micro - purchase level. The requirements of clause
subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see
section 26.29). Grantee choices concerning retainage should be reflected in the language choices in
clause subsection d.
Disadvantaged Business Enterprises
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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 5.67 %.
b. A separate contract goal has not been established for this procurement.
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)).
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.
29. f RESERVED
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Applies to subcontracts)
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
4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with
any (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
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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
control over its compliance with the drug and alcohol testing rules than it does under option 1. The
advantage of this approach is that it places the responsibility for complying with the rules on the entity that
is actually performing the safety- sensitive function. Moreover, it reserves to the recipient the power to
ensure that the contractor complies with the program. The disadvantage of Option 2 is that without
adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the
rules.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that complies with
49 CFR 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
Access for Individuals with Disabilities.
The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly
individuals and individuals with disabilities have the same right as other individuals to use public
transportation services and facilities, and that special efforts shall be made in planning and designing
those services and facilities to implement transportation accessibility rights for elderly individuals and
individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section
504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 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.
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33. ITS Standards
Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105 -178, 112 Stat. 547,
pertaining to conformance with the National Intelligent Transportation Systems Architecture and
Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS
standards and interoperability tests that have been officially adopted through rulemaking by the United
States Department of Transportation (US DOT).
34. ARRA SPECIAL TERMS AND CONDITIONS
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances in
science and health, invest in transportation, environmental protection, and other infrastructure that will
provide long -term economic benefits, stabilize State and local government budgets, in order to minimize
and avoid reductions in essential services and counterproductive State and local tax increases.
The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability, transparency, data collection and resources as specified in Act itself and as
discussed below.
Registration
Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor
Registration database (CCR). CCR registration can be completed at http: / /www.ccr.gov. CCR registration
must be completed before the first quarterly Section 1512 report is due.
Federal reporting on projects funded by the Recovery Act, will require contractors to report their DUNS
number. The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS number,
visit www.dnb.com and click on "D & B D -U -N -S Number" to obtain a number.
Compliance with American Recovery and Reinvestment Act of 2009:
This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the
federal reporting requirements for the project(s), through monthly reports, for both the contractor and
subcontractors. The Contractor shall provide the required information on form(s) provided by the County
in the timeframe indicated in the instructions and shall further include these reporting requirements in all
subcontracts.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the
authority:
(1) to examine any records of the Contractor or any of its subcontractors, or any State or Local agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or
subcontract; and
(2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or
Local government agency administering the Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as
provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds made
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available under the ARRA. Section 902 further states that nothing in this Section shall be interpreted to
limit or restrict in any way any existing authority of the Comptroller General.
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