Agenda 09/10/2013 Item #16D 8 Proposed Agenda Changes
Board of County Commissioners Meeting
September 10,2013
Move Item 16A47 to Item 11F: Recommendation to expedite removal and replacement of approximately
380 feet of collapsing stormwater management system pipe in the Pine Ridge subdivision in an amount not to
exceed$100,000,Project Number 60126,and to approve a budget amendment. (Staffs request)
Move Item 16A48 to Item 11G: Recommendation to approve Change Order No. 1 to Contract#11-5639 in
the amount of$68,500 with TY Lin International, for"Design& Related Services for the Replacement of
CR29 Bridge(#030161)over Chokoloskee Bay" for Project No. 66066. (Commissioner Henning's request)
Continue Item 16D8 to September 24, 2013 BCC Meeting:
Recommendation to award Bid #13-6103 Design and Installation
Bus Wrap Decals to ABC Bus, Inc. (Staff's request)
Move Item 16D17 to Item 11H: Recommendation to approve the acceptance of State Housing Initiatives
Partnership(SHIP)Program FY 13/14 allocation in the amount of$567,140 and sign the Fiscal Year 2013-
2014 Funding Certification. (Commissioner Fiala's request)
Move Item 16A35 to Item 11I: Recommendation to adopt a Resolution amending Resolution 2008-
331, relating to the Stewardship Sending Area with a designation as"CDC SSA 14"; approving the extension
of certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 14
and the Escrow agreement for CDC SSA 14. (Commissioner Nance's request)
Move Item 16A36 to Item 11J: Recommendation to adopt a Resolution amending Resolution 2008-
329, relating to the Stewardship Sending Area with a designation as"CDC SSA 15"; approving the extension
of certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 15
and the Escrow agreement for CDC SSA 15. (Commissioner Nance's request)
Move Item 16A37 to Item 11K: Recommendation to adopt a Resolution amending Resolution 2008-330,
relating to the Stewardship Sending Area with a designation as"CDC SSA 16"; approving the extension of
certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 16 and
the Escrow agreement for CDC SSA 16. (Commissioner Nance's request)
Note:
Item 16A24 should read: Recommendation to request that the Florida Department of Transportation
(FDOT)erect destination guide signs on Interstate 75(1-75)at Exit 101 (Collier Boulevard)and a
(Golden--Gate Parkway)designating the community of East Naples.
Items 16A35, 16A36 and 16A37: relating to amending Resolutions 2008-329,2008-330,and 2008-331 to
extend dates in CDC SSA 14,CDC SSA 15 and CDC SSA 16: the last sentence of the resolutions should read:
This Resolution adopted after motion,second and majority vote,this _day of ,2013. (County
Attorney's office request)
Time Certain Items
Item 11A to be heard at 10:00 a.m.
Item I1B to be heard at 10:45 a.m.
9/10/2013 9:14 AM
9/10/2013 16.D.8.
EXECUTIVE SUMMARY
Recommendation to award Bid #13-6103 Design and Installation Bus Wrap Decals to ABC Bus,
Inc.
OBJECTIVE: The Alternative Transportation Modes (ATM) department is seeking approval to
award Bid # 13-6103 Design and Installation Bus Wrap Decals to allow for the installation of
full bus wraps on the transit and paratransit buses.
CONSIDERATIONS: On June 14, 2013, the Purchasing Department sent out 221 notices for
the "Design and Installation Bus Wrap Decals." The County shall own the final wrap design
provided by the Contractor and chosen by the County. The Contractor will provide a final design
that at the time of the County's acceptance could be trade or service marked by the County.
Ownership (copyright and title) of the final wrap design will become the property of the County,
having unlimited, indefinite and royalty-free use of the design upon payment of all fees to
provide the design.
The County received three (3) bids on June 27, 2013. Upon reviewing the bids, Staff found one
of them to be non-responsive. Staff recommends awarding Bid#13-6103 to the lowest, qualified
and responsive bidder(ABC Bus, Inc.)based on the total base bid.
Description ABC Bus, Inc. Unisource Graphics & Signs
Full Bus Wrap/Full Bus Wrap (Remove old vinyl)
30' Bus $4,716.60/$5,166.60 $7,739.75/$9,239.75
35' Bus $5,173.29/$5,623.29 $6,250.00/$7,450.00
40' Bus $5,612.37/$6,062.37 $8,490.00/$9,990.00
22-24' Paratransit Bus $4,238.53/$4,688.53 $5,945.00/$6,045.00
Wrap Repair
Panel Size $554.87/$233.14 $1,397.33/$1,397.33
Front of Bus $591.17 $1,397.33
Back of Bus $1,029.86 $1,397.33
Driver Side of Bus $2,116.23 $5,244.00
Passenger/Door Side of Bus $2,216.23 $5,244.00
TOTAL BASE BID $48,023.08 $77,226.82
FISCAL IMPACT: Historically Federal Transit Administration (FTA) Funds have been used
for the purchase and installation of bus wraps as new buses are purchased. Moving Ahead for
Progress in the 21st Century (MAP-21) replaced Transit Enhancement funds with Associated
Transportation Improvements, of which, bus wraps remain an eligible use. Currently Federal
Funds in the amount of $6,000 are available in the Transit Enhancement Fund (424) Project
#33119 for the purchase and installation of bus wraps. Orders for service will be in the form of a
standard county purchase order.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
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9/10/2013 16.D.8.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board award Bid #13-6103 Design and Installation Bus
Wrap Decals to ABC Bus Inc. After a design is produced and approved by the Board, services
will be initiated through the issuance of a standard county purchase order in accordance with the
Purchasing Policy.
Prepared By: Yousi Cardeso, ATM Department
Attachments: (1) Bid#13-6103 Bid Tabulation
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9/10/2013 16.D.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to award Bid #13-6103 Design and Installation Bus
Wrap Decals to ABC Bus, Inc.
Meeting Date: 9/10/2013
Prepared By
•
Name: CardesoYousi
Title: Administrative Assistant,Alternative Transportatio
8/15/2013 9:15:51 AM
Submitted by
Title: Administrative Assistant,Alternative Transportatio
Name: CardesoYousi
8/15/2013 9:15:52 AM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst,Transportation Administr
Date: 8/20/2013 2:12:02 PM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing&General Services
Date: 8/21/2013 9:26:51 AM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 8/21/2013 4:36:02 PM
Name: ScottTrinity
Date: 8/22/2013 8:10:14 AM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
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9/10/2013 16.D.8.
Date: 8/22/2013 9:18:13 AM
Name: ArnoldMichelle
Title: Director-Alt Transportation Modes,Alternative Tr
Date: 8/22/2013 11:33:15 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 8/22/2013 12:32:46 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 8/22/2013 1:55:11 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 8/22/2013 4:42:29 PM
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 8/23/2013 7:11:19 AM
Amok
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 8/23/2013 11:54:38 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 8/23/2013 3:08:03 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 4:23:27 PM
Name: OchsLeo
Title: County Manager
Date: 8/25/2013 10:37:35 AM
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9/10/2013 16.D.8.
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ciPCounty
Administrative Services Division
Purchasing
GRANT FUNDED
INVITATION TO BID
Date: June 11, 2013
From: Brenda Brilhart, Procurement Strategist
(239) 252-8446, Telephone Number
(239)252-6697, FAX
BrendaBrilhart @colliergov.net, Email Address
To: Prospective Vendors
Subject: Solicitation: 13-6103 - Design and Installation Bus Wrap Decals
As requested by the Alternative Transportation Department, the Collier County Board of County aM
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.colliergov.netlbid. 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: Yousi Cardeso, Project Manager
Note: All ITB responses can be submitted either manually or electronically
dill
Purchasing rkp3nn wt•3327 Tam amp Tr&East•Naples.Florida 34'12-4901•yr•.NW coliiergov.ne9pumnasirg Allik
13-6103—Bus Wraps 1
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9/10/2013 16.D.8.
Invitation to Bid
Index
PUBLIC NOTICE 3
EXHIBIT II:GENERAL BID INSTRUCTIONS 6
EXHIBIT III:STANDARD PURCHASE ORDER TERMS AND CONDITIONS 10
EXHIBIT IV:ADDITIONAL ITB TERMS AND CONDITIONS 13
ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 19
ATTACHMENT 2:VENDOR'S CHECK LIST 20
ATTACHMENT 3:VENDOR RESPONSE FORM 21
ATTACHMENT 4:IMMIGRATION LAW AFFIDAVIT CERTIFICATION 23
ATTACHMENT S:VENDOR SUBSTITUTE W—9 24
ATTACHMENT 6:INSURANCE AND BONDING REQUIREMENTS 25
EXHIBIT A: SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT
EXHIBIT B:GRANTING AGENCY REQUIREMENTS
13-6103—Bus Wraps 2
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Public Notice
Sealed bid responses for ITB 13-6103 - Design and Installation Bus Wrap Decals, will be
received either electronic or manually only at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County local time
on June 27, 2013. ITB responses received after the stated time and date will not be accepted.
Solicitation 13-6103 - Design and Installation Bus Wrap Decals
A pre-bid conference will not be held for this solicitation. 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 June 11, 2013.
13-6103—Bus Wraps 3
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Alternative Transportation 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
Historically, County departments have spent approximately less than $10,000 per year.
Detailed Scope of Work—See Exhibit A
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.
• 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: Total base bid.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to award to one firm.
• The contract will be in the form of a standard County Purchase Order.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one year with three one year
renewal periods. Prices shall remain firm for the initial term of this contract. Requests for
consideration of a price adjustment must be made on the contract anniversary date, in writing, to
the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI)
over the past twelve (12) months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
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Projected Solicitation Timetable
Event Date
Issue Solicitation Notice 6/11/13
Last Date for Receipt of Written Questions By 6/20/13
Mandatory or Non-mandatory pre-solicitation meeting N/A
Addendum Issued By 6/24/13
Solicitation Deadline Date and Time 2:30 pm 6/27/13
Anticipated Evaluation of Submittals Week of July 1
Anticipated Board of County Commissioner's Contract Approval July 2013
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.
• Granting Agency Forms
Amok
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit I, 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/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found 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.
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.
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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 prior 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.collieroov.net/bid. All paper bids shall be submitted to the County
Purchasing Director, Collier County Government Complex, Purchasing Building "G", Naples, FL
34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility
for bid responses received after the due date and time, or at any office or location other than that
specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or
any other reason. Late bid responses shall be returned unopened, and shall not be considered for
award. Vendors must submit one (1) paper copy. List the Solicitation Number and Title on
the outside of the box or envelope.
All bids sent by courier service must have the bid number and title on the outside of the courier
packet. 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.
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
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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 (Fl 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.orq/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.
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.
15. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. Awards
pertaining to the Collier County Airport Authority will generally be made by that agency's approval
Board. 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 Non-procurement
suspension and debarment. Information for the former "Excluded Parties List System" may be
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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.
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:
http://www.dotcr.ost.dot.gov/asp/dbe.asp.
See Exhibit B for additional information on the granting agency requirements.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer b) No charges will be paid by the COUNTY for
This offer is subject to cancellation by the packing, crating or cartage unless otherwise
COUNTY without notice if not accepted by specifically stated in this Purchase Order.
VENDOR within fourteen (14)days of issuance. Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
2. Acceptance and Confirmation payments made prior to delivery. Unless
This Purchase Order (including all documents freight and other charges are itemized, any
attached to or referenced therein) constitutes discount will be taken on the full amount of
the entire agreement between the parties, unless invoice.
otherwise specifically noted by the COUNTY on c) All shipments of goods scheduled on the
the face of this Purchase Order. Each delivery of same day via the same route must be
goods and/or services received by the COUNTY consolidated. Each shipping container must
from VENDOR shall be deemed to be upon the be consecutively numbered and marked to
terms and conditions contained in this Purchase show this Purchase Order number. The
Order. container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
No additional terms may be added and Purchase must show Purchase Order number and
Order may not be changed except by written must be included on each package of less
instrument executed by the COUNTY. VENDOR than container load (LCL) shipments and/or
is deemed to be on notice that the COUNTY with each car load of equipment. The
objects to any additional or different terms and COUNTY reserves the right to refuse or
conditions contained in any acknowledgment, return any shipment or equipment at
invoice or other communication from VENDOR, VENDOR'S expense that is not marked with
notwithstanding the COUNTY'S acceptance or Purchase Order numbers. VENDOR agrees
payment for any delivery of goods and/or to declare to the carrier the value of any
services, or any similar act by VENDOR. shipment made under this Purchase Order
and the full invoice value of such shipment.
3. Inspection d) All invoices must contain the Purchase Order
All goods and/or services delivered hereunder number and any other specific information as
shall be received subject to the COUNTY'S identified on the Purchase Order. Discounts
inspection and approval and payment therefore of prompt payment will be computed from the
shall not constitute acceptance. All payments are date of receipt of goods or from date of
subject to adjustment for shortage or rejection. receipt of invoices, whichever is later.
All defective or nonconforming goods will be Payment will be made upon receipt of a
returned pursuant to VENDOR'S instruction at proper invoice and in compliance with
VENDOR'S expense. Chapter 218, Fla. Stats., otherwise known as
the "Local Government Prompt Payment
To the extent that a purchase order requires a Act," and, pursuant to the Board of County
series of performances by VENDOR, the Commissioners Purchasing Policy.
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase 5. Time Is Of the Essence
Order if goods and/or services provided early in Time for delivery of goods or performance of
the term of the Purchase Order are services under this Purchase Order is of the
non-conforming or otherwise rejected by the essence. Failure of VENDOR to meet delivery
COUNTY. schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
4. Shipping and Invoices shall entitle the COUNTY to seek all remedies
a) All goods are FOB destination and must be available to it at law or in equity. VENDOR
suitably packed and prepared to secure the agrees to reimburse the COUNTY for any
lowest transportation rates and to comply expenses incurred in enforcing its rights.
with all carrier regulations. Risk of loss of VENDOR further agrees that undiscovered
any goods sold hereunder shall transfer to delivery of nonconforming goods and/or services
the COUNTY at the time and place of is not a waiver of the COUNTY'S right to insist
delivery; provided that risk of loss prior to upon further compliance with all specifications.
actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
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6. Changes employees and agents of VENDOR in the
The COUNTY may at any time and by written performance of their duties or otherwise), or
notice make changes to drawings and damage to property (including property of the
specifications, shipping instructions, quantities COUNTY or other persons), which arise out of or
and delivery schedules within the general scope are incident to the goods and/or services to be
of this Purchase Order. Should any such change provided hereunder.
increase or decrease the cost of, or the time
required for performance of the Purchase Order, 11. Warranty of Non-Infringement
an equitable adjustment in the price and/or VENDOR represents and warrants that all goods
delivery schedule will be negotiated by the sold or services performed under this Purchase
COUNTY and VENDOR. Notwithstanding the Order are: a) in compliance with applicable laws;
foregoing, VENDOR has an affirmative obligation b) do not infringe any patent, trademark,
to give notice if the changes will decrease costs. copyright or trade secret; and c) do not constitute
Any claims for adjustment by VENDOR must be unfair competition.
made within thirty (30) days from the date the
change is ordered or within such additional VENDOR shall indemnify and hold harmless the
period of time as may be agreed upon by the COUNTY from and against any and all claims,
parties. including claims of negligence, costs and
expense, including but not limited to attorneys'
7. Warranties fees, which arise from any claim, suit or
VENDOR expressly warrants that the goods proceeding alleging that the COUNTY'S use of
and/or services covered by this Purchase Order the goods and/or services provided under this
will conform to the specifications, drawings, Purchase Order are inconsistent with VENDOR'S
samples or other descriptions furnished or representations and warranties in section 11 (a).
specified by the COUNTY, and will be of
satisfactory material and quality production, free If any claim which arises from VENDOR'S breach
from defects and sufficient for the purpose of section 11 (a) has occurred, or is likely to
intended. Goods shall be delivered free from any occur, VENDOR may, at the COUNTY'S option,
security interest or other lien, encumbrance or procure for the COUNTY the right to continue
claim of any third party. These warranties shall using the goods or services, or replace or modify Assk
survive inspection, acceptance, passage of title the goods or services so that they become
and payment by the COUNTY. non-infringing, (without any material degradation
in performance, quality, functionality or additional
8. Statutory Conformity cost to the COUNTY).
Goods and services provided pursuant to this
Purchase Order, and their production and 12. Insurance Requirements
transportation shall conform to all applicable The VENDOR, at its sole expense, shall provide
laws, including but not limited to the Occupational commercial insurance of such type and with such
Health and Safety Act, the Federal terms and limits as may be reasonably
Transportation Act and the Fair Labor Standards associated with the Purchase Order. Providing
Act, as well as any law or regulation noted on the and maintaining adequate insurance coverage is
face of the Purchase Order. a material obligation of the VENDOR. All
insurance policies shall be executed through
9. Advertising insurers authorized or eligible to write policies in
No VENDOR providing goods and services to the the State of Florida.
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or 13. Compliance with Laws
services, or appropriate or make use of the In fulfilling the terms of this Purchase Order,
COUNTY'S name or other identifying marks or VENDOR agrees that it will comply with all
property without the prior written consent of the federal, state, and local laws, rules, codes, and
COUNTY'S Purchasing Department. ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
this shall include the American with Disabilities
10. Indemnification Act and all prohibitions against discrimination on
VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national
COUNTY from any and all claims, including origin, handicap, marital status, or veterans'
claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and
including but not limited to attorneys'fees, arising without exception or stipulation shall be fully
from, caused by or related to the injury or death responsible for complying with the provisions of
of any person (including but not limited to the Immigration Reform and Control Act of 1986
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as located at 8 U.S.C. 1324, et seq. and 19. General
regulations relating thereto, as either may be a) This Purchase Order shall be governed by
amended. Failure by the awarded firm(s) to the laws of the State of Florida. The venue
comply with the laws referenced herein shall for any action brought to specifically enforce
constitute a breach of the award agreement and any of the terms and conditions of this
the County shall have the discretion to Purchase Order shall be the Twentieth
unilaterally terminate said agreement Judicial Circuit in and for Collier County,
immediately. Any breach of this provision may Florida
be regarded by the COUNTY as a material and b) Failure of the COUNTY to act immediately in
substantial breach of the contract arising from response to a breach of this Purchase Order
this Purchase Order. by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
14. Force Majeure default by VENDOR hereunder shall not be
Neither the COUNTY nor VENDOR shall be deemed a waiver of any subsequent default
responsible for any delay or failure in by VENDOR.
performance resulting from any cause beyond c) All notices under this Purchase Order shall
their control, including, but without limitation to be sent to the respective addresses on the
war, strikes, civil disturbances and acts of nature. face page by certified mail, return receipt
When VENDOR has knowledge of any actual or requested, by overnight courier service, or by
potential force majeure or other conditions which personal delivery and will be deemed
will delay or threatens to delay timely effective upon receipt. Postage, delivery and
performance of this Purchase Order, VENDOR other charges shall be paid by the sender. A
shall immediately give notice thereof, including all party may change its address for notice by
relevant information with respects to what steps written notice complying with the
VENDOR is taking to complete delivery of the requirements of this section.
goods and/or services to the COUNTY. d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
15. Assignment this Purchase Order in accordance with
VENDOR may not assign this Purchase Order, Florida Statute Chapter 112.061, Per Diem
nor any money due or to become due without the and Travel Expenses for Public Officers,
prior written consent of the COUNTY. Any employees and authorized persons.
assignment made without such consent shall be e) In the event of any conflict between or
deemed void. among the terms of any Contract Documents
related to this Purchase Order, the terms of
16. Taxes the Contract Documents shall take
Goods and services procured subject to this precedence over the terms of the Purchase
Purchase Order are exempt from Florida sales Order. To the extent any terms and /or
and use tax on real property, transient rental conditions of this Purchase Order duplicate
property rented, tangible personal purchased or or overlap the Terms and Conditions of the
rented, or services purchased (Florida Statutes, Contract Documents, the provisions of the
Chapter 212), and from federal excise tax. Terms and/or Conditions that are most
favorable to the County and/or provide the
17. Annual Appropriations greatest protection to the County shall
The COUNTY'S performance and obligation to govern.
pay under this Purchase Order shall be
contingent upon an annual 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
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
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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 51% 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.
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 Ask
provision is non-negotiable by any department and/or Vendor.
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9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
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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?collierclerk.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.
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.
14. Survivability
Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the expiration
date of the original Solicitation 13-6103 Design and Installation of Bus Wrap Decals will survive and
remain subject to the terms and conditions of that Agreement until the completion or termination of this
Purchase Order.
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15. 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 and
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
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
equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed
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)
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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.
otoit
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.
16. 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
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 does not
comply with providing both the acceptable E-Verify evidence and the executed affidavit the
bidder'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.govlE-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.
17. Background Checks
If required, Contractor 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.
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18. 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.
19. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with material
suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to
such an assignment of a material supply agreement shall be referred to as "County Furnished Materials"
and the responsibilities of both the County and the Vendor relating to said materials shall be governed by
the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information from
the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
20. 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.
21. 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.
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.
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Co xer county
Acirrnstrawe SeTvIces Divtsion
Purchasing
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: 13-6103—Design and Installation of Bus Wrap Decals
❑ 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. Amok
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
Amok
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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 cashier's 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.qov.
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. 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: 13-6103—Design and Installation of Bus Wrap Decals
14. 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
13-6103—Bus Wraps 20
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Attachment 3: Vendor Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 13-6103—Design and Installation of Bus Wrap Decals
Dear Commissioners:
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:
*** SEE FOLLOWING PAGES * * *
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
Please input your prices online or submit hard copy.
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
2013 in the County of , intheStateof
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.orq)
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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Crier Ccminty
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Attachment 4: Immigration Law Affidavit Certification
Solicitation#and Title: 13-6103—Design and Installation of Bus Wrap Decals
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, 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-Verifv program, may deem the 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
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 as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
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.
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corer'r County
Aarvnistrative Services Division
Pumhasm
Attachment 5: Vendor Substitute W—9
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 City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
_Individual/Sole Proprietor Corporation _Partnership
_Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(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, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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Attachment 6: Insurance and Bonding Requirements
Insurance I 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 $100.000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $500.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor 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.
4. ❑Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ❑ Other 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
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per claim 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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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
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EXHIBIT A—SCOPE OF SERVICES
Collier Area Transit (CAT) is soliciting firm cost proposals for full bus wrap services for the fixed route
and/or paratransit size buses. The purpose of this Invitation to Bid is for the design and installation of a
trolley like full bus wrap on the buses. This work will be predominantly federally funded and is being bid
as Lump Sum.
The vendor will be obligated only for the specific quantities of materials and/or services that are
authorized by the issuance of a specific Purchase Order. The selected Contractor shall furnish, deliver,
and install the specified quantity of bus wraps on an as needed basis.
CAT intends to wrap an estimated two to three buses per year starting in 2013. CAT also intends to
repair or replace older wrap/vinyl as needed and as funding is available. The quantity of buses to be
wrapped may increase or decrease from what has been noted contingent upon available funding.
Quality of Work
(a) New Materials
All materials shall be new and not used. All materials must have an over laminate either luster or matte
as a protection. This must be a 3MIJ3555, 3M180C-10 or equal 3M non reflective graphic film. If you
are using an equal you must provide testing specifications with your submittals. Materials shall be
printed at High Resolution for maximum image quality and have life expectancy of seven (7)years.
If for some reason you are unable to provide requested materials (suggested 3M Products) as stated
above "Equals" will be allowed if you provide testing specifications with your submittals. The
determination whether your materials are of equal quality to the requested materials will be at the sole
discretion of Collier County.
(b) Commercial Standards
The workmanship employed by the Contractor shall be of the best quality and of the highest standard of
commercially acceptable practice for the class of work, and shall result in the wrap having a neat, clean
and finished appearance.
Work To Be Performed by the Contractor
These full bus wraps will cover the front, sides, back and partially the passenger windows on the sides.
The Contractor shall perform the following work:
(a) Develop and provide a full trolley bus wrap design specifically for Collier Area Transit by a graphic
artist which will be owned by Collier County.
(b) Using provided artwork, produce/print full bus wraps to accommodate specifications of the vehicles
dedicated to the wrap.
(c) Remove existing wraps or vinyl from the vehicles, if needed.
(d) The contractor will install new full bus wrap on dedicated vehicles.
(e) The contractor will repair bus wrap on dedicated vehicles.
The contractor will specify the site location where the work will be performed and the amount of time
needed for removal and/or installation in its proposal.
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Contractors Requirements/Responsibilities:
(a) The contractor shall keep the area of work protected from the public at all times during the length of
the work.
(b) The contractor shall be capable of providing design assistance as needed within the contract
period.
(c) All project meetings, scheduled or unscheduled meetings shall be considered administrative
overhead and incidental to contract work, and is to be performed without billing.
(d) The County reserves the right to undertake any work outlined in these specifications by County
forces or by other contracts if such action is in the best interest of the County.
(e) The contractor shall be responsible for instructing his employees or subcontractors in all safety
measures.
(f) All equipment used by the contractor shall be in safe operating condition at all times and free from
defects or wear which may in any way constitute a hazard to any person or persons.
If work required will be performed on site, the Contractor will be required to perform during normal
business hours of 8 am to 5 pm.
Prices:
Prices quoted shall include all labor cost, materials, tools, insurance, overhead, profit, travel time,
mileage, etc. and be exclusive of taxes. Prices quoted must be firm for the initial term of the Contract.
Warranty:
The Contractor shall warrant all materials and/or services furbished under this quote to be free from
defects and fit for the intended use. All materials used shall have a warranty of seven (7) years from the
date of acceptance by Collier County.
County's Ownership Rights of Design:
The County shall own the final wrap design provided by the Contractor and chosen by the County. The
Contractor will provide a final design that at the time of the County's acceptance could be trade or
service marked by the County. Ownership (copyright and title) of the final wrap design will become the
property of the County, having unlimited, indefinite, and royalty-free use of the design upon payment of
all fees to provide the design.
1) Full bus wrap without windows on a new bus, with installation
Material: 3MIJ3555, 3M180C-10 or equal to superior quality.
Installers must be 3M certified.
Prices needed for four models/sizes of bus:
30-foot Gillig $ per bus
35-foot Gillig $ per bus
40-foot Gillig $ per bus
22 - 24 foot paratransit bus $ per bus
Specify Material Used
Prices must be all inclusive including Shipping
Warranty Period:
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2) Full bus wrap without windows, with installation (including removal of old vinyl)
Material: 3MIJ3555, 3M180C-10 or equal to superior quality.
Installers must be 3M certified.
Prices needed for four models/sizes of bus:
30-foot Gillig $ per bus
35-foot Gillig $ per bus
40-foot Gillig $ per bus
22 - 24 foot paratransit bus $ per bus
Specify Material Used
Prices must be all inclusive including Shipping
Warranty Period:
3) Wrap repair, with removal and installation
Material: 3MIJ3555, 3M180C-10 or equal to superior quality.
Installers must be 3M certified.
Prices needed for different repairs: Awskt
Panel size Price $
Panel size Price $
Whole Front of the bus Price $
Whole Back of the bus Price $
Whole driver side of bus Price $
Whole passenger/door side of bus Price $
Specify Material Used
Prices must be all inclusive including Shipping
Warranty Period:
If providing an equivalent product, include specification sheets and back up
documentation.
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Exhibit B: Granting Agency Requirements
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Exhibit B
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) Complete Anticipated DBE Form and Bid Opportunity List
❑29. [Reserved]
®30.Incorporation of Federal Transit Administration(FTA)Terms
❑ 31.Drug and Alcohol Testing
❑32.ADA Access
❑ 33.ITS Standards
❑ 34.ARRA
❑35.Department of Labor Construction Wage Decision
®Certificates requiring signature and the other Exhibit I forms included herein must be completed and submitted at
time of bid submittal to be considered for award.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
1. FLY AMERICA REQUIREMENTS the exceptions at 49 CFR 604.9. Any charter service
(Applies to subcontracts) provided under one of the exceptions must be "incidental,"
i.e., it must not interfere with or detract from the provision
The Contractor agrees to comply with 49 U.S.C.40118 (the of mass transportation.
"Fly America" Act) in accordance with the General
Services Administration's regulations at 41 CFR Part 301- 3. SCHOOL BUS REQUIREMENTS
10, which provide that recipients and subrecipients of Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605,
Federal funds and their contractors are required to use U.S. recipients and subrecipients of FTA assistance may not
Flag air carriers for U.S Government-financed international engage in school bus operations exclusively for the
air travel and transportation of their personal effects or transportation of students and school personnel in
property, to the extent such service is available, unless competition with private school bus operators unless
travel by foreign air carrier is a matter of necessity, as qualified under specified exemptions. When operating
defined by the Fly America Act. The Contractor shall exclusive school bus service under an allowable exemption,
submit, if a foreign air carrier was used, an appropriate recipients and subrecipients may not use federally funded
certification or memorandum adequately explaining why equipment,vehicles,or facilities.
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 4. CARGO PREFERENCE REQUIREMENTS
event, provide a certificate of compliance with the Fly (Applies to subcontracts)
America requirements. The Contractor agrees to include
the requirements of this section in all subcontracts that may Use of United States-Flag Vessels-The contractor agrees:
involve international air transportation.
a. to use privately owned United States-Flag commercial
2. BUY AMERICA REQUIREMENTS vessels to ship at least 50 percent of the gross tonnage
(Applies to subcontracts) (computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
The contractor agrees to comply with 49 U.S.C. 5323(j)and material, or commodities pursuant to the underlying
49 C.F.R. Part 661, which provide that Federal funds may contract to the extent such vessels are available at fair and
not be obligated unless steel, iron, and manufactured reasonable rates for United States-Flag commercial vessels;
products used in FTA-funded projects are produced in the
United States, unless a waiver has been granted by FTA or b. to furnish within 20 working days following the date of
the product is subject to a general waiver. General waivers loading for shipments originating within the United States
are listed in 49 C.F.R. 661.7,and include final assembly in or within 30 working days following the date of leading for
the United States for 15 passenger vans and 15 passenger shipments originating outside the United States, a legible
wagons produced by Chrysler Corporation, and copy of a rated, "on-board" commercial ocean bill-of -
microcomputer equipment and software. Separate lading in English for each shipment of cargo described in
requirements for rolling stock are set out at 49 U.S.C. the preceding paragraph to the Division of National Cargo,
5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be Office of Market Development, Maritime Administration,
assembled in the United States and have a 60 percent Washington, DC 20590 and to the FTA recipient (through
domestic content. the contractor in the case of a subcontractor's bill-of-
lading.)
A bidder or offeror must submit to the FTA recipient
the appropriate Buy America certification c. to include these requirements in all subcontracts issued
(Attachments) with all bids or offers on FTA-funded pursuant to this contract when the subcontract may involve
contracts, except those subject to a general waiver. Bids or the transport of equipment, material, or commodities by
offers that are not accompanied by a completed Buy ocean vessel.
America certification must be rejected as nonresponsive.
This requirement does not apply to lower tier 5. SEISMIC SAFETY REQUIREMENTS
subcontractors. The contractor agrees that any new building or addition to
an existing building will be designed and constructed in
3. CHARTER BUS REQUIREMENTS accordance with the standards for Seismic Safety required
The contractor agrees to comply with 49 U.S.C. 5323(d) in Department of Transportation Seismic Safety
and 49 CFR Part 604, which provides that recipients and Regulations 49 CFR Part 41 and will certify to compliance
subrecipients of FTA assistance are prohibited from to the extent required by the regulation. The contractor also
providing charter service using federally funded equipment agrees to ensure that all work performed under this contract
or facilities if there is at least one private charter operator including work performed by a subcontractor is in
willing and able to provide the service, except under one of compliance with the standards required by the Seismic
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.5.00 / 20.507
Safety Regulations and the certification of compliance United States before October 1, 1988,and is currently being
issued on the project. produced without a major change in configuration or
components), the manufacturer shall provide the name and
6. ENERGY CONSERVATION REQUIREMENTS address of the recipient of such a vehicle and the details of
(Applies to subcontracts) that vehicle's configuration and major components.
The contractor agrees to comply with mandatory standards 9. PRE-AWARD AND POST DELIVERY AUDITS
and policies relating to energy efficiency which are REQUIREMENTS
contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act. Pre-Award and Post-Delivery Audit Requirements -The
Contractor agrees to comply with 49 U.S.C. § 5323(1) and
7. CLEAN WATER REQUIREMENTS FTA's implementing regulation at 49 C.F.R. Part 663 and to
(Applies to subcontracts OVER$10,000) submit the following certifications:
(1) The Contractor agrees to comply with all applicable (1) Buy America Requirements: The Contractor shall
standards, orders or regulations issued pursuant to the complete and submit a declaration certifying either
Federal Water Pollution Control Act, as amended, 33 compliance or noncompliance with Buy America. If the
U.S.C. 1251 et seg. The Contractor agrees to report each Bidder/Offeror certifies compliance with Buy America, it
violation to the Purchaser and understands and agrees that shall submit documentation which lists 1) component and
the Purchaser will, in turn, report each violation as required subcomponent parts of the rolling stock to be purchased
to assure notification to FTA and the appropriate EPA identified by manufacturer of the parts, their country of
Regional Office. origin and costs; and 2) the location of the final assembly
point for the rolling stock, including a description of the
(2)The Contractor also agrees to include these requirements activities that will take place at the final assembly point and
in each subcontract exceeding $100,000 financed in whole the cost of final assembly.
or in part with Federal assistance provided by FTA.
(2) Solicitation Specification Requirements: The Contractor
8. BUS TESTING shall submit evidence that it will be capable of meeting the
Bus Testing - The Contractor [Manufacturer] agrees to bid specifications.
comply with 49 U.S.C. A 5323(c) and FTA's implementing
regulation at 49 CFR Part 665 and shall perform the (3) Federal Motor Vehicle Safety Standards (FMVSS): The
following: Contractor shall submit 1) manufacturer's FMVSS self-
certification sticker information that the vehicle complies
1) A manufacturer of a new bus model or a bus produced with relevant FMVSS or 2) manufacturer's certified
with a major change in components or configuration shall statement that the contracted buses will not be subject to
provide a copy of the final test report to the recipient at a FMVSS regulations.
point in the procurement process specified by the recipient
which will be prior to the recipient's final acceptance of the 10. LOBBYING
first vehicle.
Contractors who apply or bid for an award of$100,000 or
2) A manufacturer who releases a report under paragraph 1 more shall file the certification required by 49 CFR part 20,
above shall provide notice to the operator of the testing "New Restrictions on Lobbying." Each tier certifies to the
facility that the report is available to the public. tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for
3) If the manufacturer represents that the vehicle was influencing or attempting to influence an officer or
previously tested, the vehicle being sold should have the employee of any agency, a member of Congress, officer or
identical configuration and major components as the vehicle employee of Congress, or an employee of a member of
in the test report, which must be provided to the recipient Congress in connection with obtaining any Federal contract,
prior to recipient's final acceptance of the first vehicle. If grant or any other award covered by 31 U.S.C. 1352. Each
the configuration or components are not identical, the tier shall also disclose the name of any registrant under the
manufacturer shall provide a description of the change and Lobbying Disclosure Act of 1995 who has made lobbying
the manufacturer's basis for concluding that it is not a major contacts on its behalf with non-Federal funds with respect to
change requiring additional testing. that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to ,,
4) If the manufacturer represents that the vehicle is the recipient.
"grandfathered" (has been used in mass transit service in the
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
11. ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this 5. The Contractor agrees to permit any of the foregoing
Contract: parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
1. Where the Purchaser is not a State but a local
government and is the FTA Recipient or a subgrantee of the 6. The Contractor agrees to maintain all books, records,
FTA Recipient in accordance with 49 C.F.R. 18.36(i), the accounts and reports required under this contract for a
Contractor agrees to provide the Purchaser, the FTA period of not less than three years after the date of
Administrator,the Comptroller General of the United States termination or expiration of this contract, except in the
or any of their authorized representatives access to any event of litigation or settlement of claims arising from the
books, documents, papers and records of the Contractor performance of this contract, in which case Contractor
which are directly pertinent to this contract for the purposes agrees to maintain same until the Purchaser, the FTA
of making audits,examinations,excerpts and transcriptions. Administrator,the Comptroller General,or any of their duly
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to authorized representatives, have disposed of all such
provide the FTA Administrator or his authorized litigation, appeals, claims or exceptions related thereto.
representatives including any PMO Contractor access to Reference 49 CFR 18.39(i)(11).
Contractor's records and construction sites pertaining to a
major capital project, defined at 49 U.S.C. 5302(a)1,which 12. FEDERAL CHANGES
is receiving federal financial assistance through the Contractor shall at all times comply with all applicable FTA
programs described at 49 U.S.C. 5307,5309 or 5311. regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the
2. Where the Purchaser is a State and is the FTA Recipient Master Agreement between Purchaser and FTA, as they
or a subgrantee of the FTA Recipient in accordance with 49 may be amended or promulgated from time to time during
C.F.R. 633.17, Contractor agrees to provide the Purchaser, the term of this contract. Contractor's failure to so comply
the FTA Administrator or his authorized representatives, shall constitute a material breach of this contract.
including any PMO Contractor, access to the Contractor's
records and construction sites pertaining to a major capital 13. BONDING REQUIREMENTS
project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described Bid Security
at 49 U.S.C. 5307, 5309 or 5311. By definition, a major A Bid Bond must be issued by a fully qualified surety
capital project excludes contracts of less than the company acceptable to (Recipient) and listed as a company
simplified acquisition threshold currently set at currently authorized under 31 CFR,Part 223 as possessing a
$100,000. Certificate of Authority as described thereunder.
3. Where the Purchaser enters into a negotiated contract for Rights Reserved
other than a small purchase or under the simplified In submitting this Bid,it is understood and agreed by bidder
acquisition threshold and is an institution of higher that the right is reserved by(Recipient)to reject any and all
education, a hospital or other non-profit organization and is bids,or part of any bid,and it is agreed that the Bid may not
the FTA Recipient or a subgrantee of the FTA Recipient in be withdrawn for a period of[ninety (90)] days subsequent
accordance with 49 C.F.R. 19.48, Contractor agrees to to the opening of bids, without the written consent of
provide the Purchaser, FTA Administrator, the Comptroller (Recipient).
General of the United States or any of their duly authorized
representatives with access to any books,documents,papers It is also understood and agreed that if the undersigned
and record of the Contractor which are directly pertinent to bidder should withdraw any part or all of his bid within
this contract for the purposes of making audits, [ninety (90)] days after the bid opening without the written
examinations,excerpts and transcriptions. consent of(Recipient), shall refuse or be unable to enter
into this Contract,as provided above, or refuse or be unable
4. Where any Purchaser which is the FTA Recipient or a to furnish adequate and acceptable Performance Bonds and
subgrantee of the FTA Recipient in accordance with 49 Labor and Material Payments Bonds, as provided above, or
U.S.C. 5325(a) enters into a contract for a capital project or refuse or be unable to furnish adequate and acceptable
improvement(defined at 49 U.S.C. 5302(a)1)through other insurance, as provided above, he shall forfeit his bid
than competitive bidding, the Contractor shall make security to the extent of(Recipient's) damages occasioned
available records related to the contract to the Purchaser,the by such withdrawal, or refusal, or inability to enter into an
Secretary of Transportation and the Comptroller General or agreement,or provide adequate security therefore.
any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
It is further understood and agreed that to the extent the expense another bond and surety, both of which shall
defaulting bidder's Bid Bond, Certified Check, Cashier's be subject to the Owner's approval.
Check, Treasurer's Check, and/or Official Bank Check
(excluding any income generated thereby which has been Advance Payment Bonding Requirements
retained by (Recipient) as provided in [Item x "Bid The Contractor may be required to obtain an advance
Security" of the Instructions to Bidders]) shall prove payment bond if the contract contains an advance payment
inadequate to fully recompense(Recipient) for the damages provision and a performance bond is not furnished. The
occasioned by default,then the undersigned bidder agrees to (recipient) shall determine the amount of the advance
indemnify (Recipient) and pay over to (Recipient) the payment bond necessary to protect the(Recipient).
difference between the bid security and (Recipient's) total
damages,so as to make(Recipient)whole. Patent Infringement Bonding Requirements (Patent
Indemnity)
The undersigned understands that any material alteration of The Contractor may be required to obtain a patent
any of the above or any of the material contained on this indemnity bond if a performance bond is not furnished and
form, other than that requested, will render the bid the financial responsibility of the Contractor is unknown or
unresponsive. doubtful. The(recipient) shall determine the amount of the
patent indemnity to protect the(Recipient).
Performance and Payment Bonding Requirements
(Construction) • Warranty of the Work and Maintenance Bonds
A contractor or vendor shall provide a surety bond from a 1. The Contractor warrants to (Recipient), the Architect
surety company to guarantee full and faithful performance and/or Engineer that all materials and equipment furnished
of a contract obligation and the payment of labor and under this Contract will be of highest quality and new
material expended pursuant to a contract whenever, and in unless otherwise specified by (Recipient), free from faults
such amounts,as required by statute or otherwise as deemed and defects and in conformance with the Contract
necessary by the Purchasing Director. An irrevocable letter Documents. All work not so conforming to these standards
of credit from a financial institution operating within the shall be considered defective. If required by the [Project
State of Florida (or other alternative forms of surety as Manager],the Contractor shall furnish satisfactory evidence ifek
permitted under Florida law) may be sufficient in place of as to the kind and quality of materials and equipment.
the performance bond if so provided for in the bid and
contract documents. All such bonds or letters of credit shall 2. The Work furnished must be of first quality and the
be approved as to form by the County Attorney. workmanship must be the best obtainable in the various
trades. The Work must be of safe, substantial and durable
A. Contractor shall provide Performance and Payment construction in all respects. The Contractor hereby
Bonds in the amount of 100%of the Contract Amount, guarantees the Work against defective materials or faulty
the costs of which are to be paid by Contractor. The workmanship for a minimum period of one (1) year after
Performance and Payment Bonds shall be underwritten Final Payment by(Recipient)and shall replace or repair any
by a surety authorized to do business in the State of defective materials or equipment or faulty workmanship
Florida and otherwise acceptable to Owner; provided, during the period of the guarantee at no cost to (Recipient).
however, the surety shall meet the requirements of the As additional security for these guarantees, the Contractor
Department of the Treasury Fiscal Service, shall, prior to the release of Final Payment [as provided in
"Companies Holding Certificates of Authority as Item X below], furnish separate Maintenance (or
Acceptable Sureties on Federal Bonds and as Guarantee) Bonds in form acceptable to(Recipient)written
Acceptable Reinsurance Companies" circular. This by the same corporate surety that provides the Performance
circular may be accessed via the web at Bond and Labor and Material Payment Bond for this
www.fms.treas.gov/c570/c570.html#certified. Should Contract. These bonds shall secure the Contractor's
the Contract Amount be less than $500,000, the obligation to replace or repair defective materials and faulty
requirements of Section 287.0935,F.S. shall govern the workmanship for a minimum period of one (1) year after
rating and classification of the surety. Final Payment and shall be written in an amount equal to
ONE HUNDRED PERCENT (100%) of the CONTRACT
B. If the surety for any bond furnished by Contractor is SUM,as adjusted(if at all).
declared bankrupt, becomes insolvent, its right to do
business is terminated in the State of Florida, or it 14. CLEAN AIR
ceases to meet the requirements imposed by the (Applies to subcontracts OVER$100,000)
Contract Documents, the Contractor shall, within five ,
(5) calendar days thereafter, substitute at its cost and (1) The Contractor agrees to comply with all applicable
standards,orders or regulations issued pursuant to the Clean
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The fringe benefits on the wage determination for the
Contractor agrees to report each violation to the Purchaser classification of work actually performed,without regard to
and understands and agrees that the skill,except as provided in 29 CFR Part 5.5(a)(4). Laborers
Purchaser will, in turn, report each violation as required to or mechanics performing work in more than one
assure notification to FTA and the appropriate EPA classification may be compensated at the rate specified for
Regional Office. each classification for the time actually worked therein:
Provided,That the employer's payroll records accurately set
(2)The Contractor also agrees to include these requirements forth the time spent in each classification in which work is
in each subcontract exceeding $100,000 financed in whole performed. The wage determination (including any
or in part with Federal assistance provided by FTA. additional classifications and wage rates conformed under
paragraph(1)(ii)of this section)and the Davis-Bacon poster
15. RECYCLED PRODUCTS (WH-1321) shall be posted at all times by the contractor
(Applies to subcontracts for purchases $10,000 or more and its subcontractors at the site of the work in a prominent
of one of these items in a fiscal year,or when the cost of and accessible place where it can be easily seen by the
such items purchased during the previous fiscal year workers.
was$10,000.)
(ii)(A)The contracting officer shall require that any class of
Recovered Materials - The contractor agrees to comply laborers or mechanics,including helpers,which is not listed
with all the requirements of Section 6002 of the Resource in the wage determination and which is to be employed
Conservation and Recovery Act (RCRA), as amended (42 under the contract shall be classified in conformance with
U.S.C. 6962), including but not limited to the regulatory the wage determination. The contracting officer shall
provisions of 40 CFR Part 247,and Executive Order 12873, approve an additional classification and wage rate and
as they apply to the procurement of the items designated in fringe benefits therefore only when the following criteria
Subpart B of 40 CFR Part 247. have been met:
16. DAVIS-BACON AND COPELAND ANTI- (1) Except with respect to helpers as defined as 29 CFR
KICKBACK ACTS 5.2(n)(4), the work to be performed by the classification
requested is not performed by a classification in the wage
(1)Minimum wages-(i)All laborers and mechanics determination;and
employed or working upon the site of the work(or under
the United States Housing Act of 1937 or under the (2) The classification is utilized in the area by the
Housing Act of 1949 in the construction or development of construction industry;and
the project),will be paid unconditionally and not less often
than once a week,and without subsequent deduction or (3) The proposed wage rate, including any bona fide fringe
rebate on any account(except such payroll deductions as benefits, bears a reasonable relationship to the wage rates
are permitted by regulations issued by the Secretary of contained in the wage determination;and
Labor under the Copeland Act(29 CFR part 3)),the full
amount of wages and bona fide fringe benefits(or cash (4) With respect to helpers as defined in 29 CFR 5.2(n)(4),
equivalents thereof)due at time of payment computed at such a classification prevails in the area in which the work
rates not less than those contained in the wage is performed.
determination of the Secretary of Labor which is attached
hereto and made a part hereof,regardless of any contractual (B) If the contractor and the laborers and mechanics to be
relationship which may be alleged to exist between the employed in the classification (if known), or their
contractor and such laborers and mechanics. representatives, and the contracting officer agree on the
classification and wage rate (including the amount
Contributions made or costs reasonably anticipated for bona designated for fringe benefits where appropriate), a report
fide fringe benefits under section 1(b)(2) of the Davis- of the action taken shall be sent by the contracting officer to
Bacon Act on behalf of laborers or mechanics are the Administrator of the Wage and Hour Division,
considered wages paid to such laborers or mechanics, Employment Standards Administration,U.S. Department of
subject to the provisions of paragraph(1)(iv)of this section; Labor, Washington, DC 20210. The Administrator, or an
also, regular contributions made or costs incurred for more authorized representative, will approve, modify, or
than a weekly period (but not less often than quarterly) disapprove every additional classification action within 30
under plans, funds, or programs which cover the particular days of receipt and so advise the contracting officer or will
weekly period, are deemed to be constructively made or notify the contracting officer within the 30-day period that
incurred during such weekly period. Such laborers and additional time is necessary.
mechanics shall be paid the appropriate wage rate and
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
(3) The proposed wage rate, including any bona fide fringe ',IW
(C)In the event the contractor,the laborers or mechanics to benefits, bears a reasonable relationship to the wage rates
be employed in the classification or their representatives, contained in the wage determination.
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount (B) If the contractor and the laborers and mechanics to be
designated for fringe benefits, where appropriate), the employed in the classification (if known), or their
contracting officer shall refer the questions, including the representatives, and the contracting officer agree on the
views of all interested parties and the recommendation of classification and wage rate (including the amount
the contracting officer, to the Administrator for designated for fringe benefits where appropriate), a report
determination. The Administrator, or an authorized of the action taken shall be sent by the contracting officer to
representative, will issue a determination within 30 days of the Administrator of the Wage and Hour Division,
receipt and so advise the contracting officer or will notify Employment Standards Administration, Washington, DC
the contracting officer within the 30-day period that 20210. The Administrator, or an authorized representative,
additional time is necessary. will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise
(D) The wage rate (including fringe benefits where the contracting officer or will notify the contracting officer
appropriate) determined pursuant to paragraphs (a)(1)(ii) within the 30-day period that additional time is necessary.
(B) or (C) of this section, shall be paid to all workers
performing work in the classification under this contract (C) In the event the contractor, the laborers or mechanics to
from the first day on which work is performed in the be employed in the classification or their representatives,
classification. and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
(iii) Whenever the minimum wage rate prescribed in the designated for fringe benefits, where appropriate), the
contract for a class of laborers or mechanics includes a contracting officer shall refer the questions, including the
fringe benefit which is not expressed as an hourly rate, the views of all interested parties and the recommendation of
contractor shall either pay the benefit as stated in the wage the contracting officer, to the Administrator for
determination or shall pay another bona fide fringe benefit determination. The Administrator, or an authorized
or an hourly cash equivalent thereof. representative, will issue a determination with 30 days of
receipt and so advise the contracting officer or will notify
(iv)If the contractor does not make payments to a trustee or the contracting officer within the 30-day period that
other third person,the contractor may consider as part of the additional time is necessary.
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits (D) The wage rate (including fringe benefits where
under a plan or program, Provided, That the Secretary of appropriate) determined pursuant to paragraphs (a)(1)(v)
Labor has found,upon the written request of the contractor, (B) or (C) of this section, shall be paid to all workers
that the applicable standards of the Davis-Bacon Act have performing work in the classification under this contract
been met. The Secretary of Labor may require the from the first day on which work is performed in the
contractor to set aside in a separate account assets for the classification.
meeting of obligations under the plan or program.
(2)Withholding—Collier County shall upon its own action
(v)(A)The contracting officer shall require that any class of or upon written request of an authorized representative of
laborers or mechanics which is not listed in the wage the Department of Labor withhold or cause to be withheld
determination and which is to be employed under the from the contractor under this contract or any other Federal
contract shall be classified in conformance with the wage contract with the same prime contractor, or any other
determination. The contracting officer shall approve an federally-assisted contract subject to Davis-Bacon
additional classification and wage rate and fringe benefits prevailing wage requirements, which is held by the same
therefor only when the following criteria have been met: prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers
(1) The work to be performed by the classification and mechanics, including apprentices, trainees, and helpers,
requested is not performed by a classification in the wage employed by the contractor or any subcontractor the full
determination; and amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any
(2) The classification is utilized in the area by the apprentice, trainee, or helper, employed or working on the
construction industry;and 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
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.5.00 / 20.507
required by the contract, the Collier County may, after payment of the persons employed under the contract and
written notice to the contractor, sponsor, applicant, or shall certify the following:
owner, take such action as may be necessary to cause the
suspension of any further payment,advance,or guarantee of (1) That the payroll for the payroll period contains the
funds until such violations have ceased. information required to be maintained under section
5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
(3) Payrolls and basic records - (i) Payrolls and basic information is correct and complete;
records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a (2) That each laborer or mechanic (including each helper,
period of three years thereafter for all laborers and apprentice,and trainee)employed on the contract during the
mechanics working at the site of the work (or under the payroll period has been paid the full weekly wages earned,
United States Housing Act of 1937, or under the Housing without rebate, either directly or indirectly, and that no
Act of 1949, in the construction or development of the deductions have been made either directly or indirectly
project). Such records shall contain the name, address, and from the full wages earned, other than permissible
social security number of each such worker, his or her deductions as set forth in Regulations,29 CFR part 3;
correct classification, hourly rates of wages paid(including
rates of contributions or costs anticipated for bona fide (3) That each laborer or mechanic has been paid not less
fringe benefits or cash equivalents thereof of the types than the applicable wage rates and fringe benefits or cash
described in section 1(b)(2)(B) of the Davis-Bacon Act), equivalents for the classification of work performed, as
daily and weekly number of hours worked,deductions made specified in the applicable wage determination incorporated
and actual wages paid. Whenever the Secretary of Labor into the contract.
has found under 29 CFR 5.5(a)(1)(iv)that the wages of any
laborer or mechanic include the amount of any costs (C) The weekly submission of a properly executed
reasonably anticipated in providing benefits under a plan or certification set forth on the reverse side of Optional Form
program described in section 1(b)(2)(B)of the Davis-Bacon WH-347 shall satisfy the requirement for submission of the
Act, the contractor shall maintain records which show that "Statement of Compliance" required by paragraph
the commitment to provide such benefits is enforceable,that (a)(3)(ii)(B)of this section.
the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the (D) The falsification of any of the above certifications may
laborers or mechanics affected, and records which show the subject the contractor or subcontractor to civil or criminal
costs anticipated or the actual cost incurred in providing prosecution under section 1001 of title 18 and section 231
such benefits. Contractors employing apprentices or of title 31 of the United States Code.
trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and (iii) The contractor or subcontractor shall make the records
certification of'trainee programs, the registration of the required under paragraph (a)(3)(i) of this section available
apprentices and trainees, and the ratios and wage rates for inspection, copying, or transcription by authorized
prescribed in the applicable programs. representatives of the Federal Transit Administration or the
Department of Labor, and shall permit such representatives
(ii)(A) The contractor shall submit weekly for each week in to interview employees during working hours on the job. If
which any contract work is performed a copy of all payrolls the contractor or subcontractor fails to submit the required
to Collier County for transmission to the Federal Transit records or to make them available,the Federal agency may,
Administration. The payrolls submitted shall set out after written notice to the contractor, sponsor, applicant, or
accurately and completely all of the information required to owner, take such action as may be necessary to cause the
be maintained under section 5.5(a)(3)(i) of Regulations, 29 suspension of any further payment,advance,or guarantee of
CFR part 5. This information may be submitted in any form funds. Furthermore, failure to submit the required records
desired. Optional Form WH-347 is available for this upon request or to make such records available may be
purpose and may be purchased from the Superintendent of grounds for debarment action pursuant to 29 CFR 5.12.
Documents (Federal Stock Number 029-005-00014-1),U.S.
Government Printing Office, Washington, DC 20402. The (4) Apprentices and trainees - (i) Apprentices -
prime contractor is responsible for the submission of copies Apprentices will be permitted to work at less than the
of payrolls by all subcontractors. predetermined rate for the work they performed when they
are employed pursuant to and individually registered in a
(B) Each payroll submitted shall be accompanied by a bona fide apprenticeship program registered with the U.S.
"Statement of Compliance," signed by the contractor or Department of Labor, Employment and Training
subcontractor or his or her agent who pays or supervises the Administration, Bureau of Apprenticeship and Training, or
with a State Apprenticeship Agency recognized by the
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.5.00 / 20.507
Bureau, or if a person is employed in his or her first 90 days trainee's level of progress, expressed as a percentage of the
of probationary employment as an apprentice in such an journeyman hourly rate specified in the applicable wage
apprenticeship program, who is not individually registered determination. Trainees shall be paid fringe benefits in
in the program,but who has been certified by the Bureau of accordance with the provisions of the trainee program. If
Apprenticeship and Training or a State Apprenticeship the trainee program does not mention fringe benefits,
Agency (where appropriate) to be eligible for probationary trainees shall be paid the full amount of fringe benefits
employment as an apprentice. The allowable ratio of listed on the wage determination unless the Administrator
apprentices to journeymen on the job site in any craft of the Wage and Hour Division determines that there is an
classification shall not be greater than the ratio permitted to apprenticeship program associated with the corresponding
the contractor as to the entire work force under the journeyman wage rate on the wage determination which
registered program. Any worker listed on a payroll at an provides for less than full fringe benefits for apprentices.
apprentice wage rate, who is not registered or otherwise Any employee listed on the payroll at a trainee rate who is
employed as stated above, shall be paid not less than the not registered and participating in a training plan approved
applicable wage rate on the wage determination for the by the Employment and Training Administration shall be
classification of work actually performed. In addition, any paid not less than the applicable wage rate on the wage
apprentice performing work on the job site in excess of the determination for the classification of work actually
ratio permitted under the registered program shall be paid performed. In addition, any trainee performing work on the
not less than the applicable wage rate on the wage job site in excess of the ratio permitted under the registered
determination for the work actually performed. Where a program shall be paid not less than the applicable wage rate
contractor is performing construction on a project in a on the wage determination for the work actually performed.
locality other than that in which its program is registered, In the event the Employment and Training Administration
the ratios and wage rates (expressed in percentages of the withdraws approval of a training program, the contractor
journeyman's hourly rate) specified in the contractor's or will no longer be permitted to utilize trainees at less than the
subcontractor's registered program shall be observed. Every applicable predetermined rate for the work performed until
apprentice must be paid at not less than the rate specified in an acceptable program is approved.
the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate (iii) Equal employment opportunity - The utilization of ,
specified in the applicable wage determination. Apprentices apprentices, trainees and journeymen under this part shall
shall be paid fringe benefits in accordance with the be in conformity with the equal employment opportunity
provisions of the apprenticeship program. If the requirements of Executive Order 11246, as amended, and
apprenticeship program does not specify fringe benefits, 29 CFR part 30.
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable (5) Compliance with Copeland Act requirements - The
classification. If the Administrator of the Wage and Hour contractor shall comply with the requirements of 29 CFR
Division of the U.S. Department of Labor determines that a part 3, which are incorporated by reference in this contract.
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that (6) Subcontracts - The contractor or subcontractor shall
determination. In the event the Bureau of Apprenticeship insert in any subcontracts the clauses contained in 29 CFR
and Training, or a State Apprenticeship Agency recognized 5.5(a)(1)through(10) and such other clauses as the Federal
by the Bureau, withdraws approval of an apprenticeship Transit Administration may by appropriate instructions
program, the contractor will no longer be permitted to require, and also a clause requiring the subcontractors to
utilize apprentices at less than the applicable predetermined include these clauses in any lower tier subcontracts. The
rate for the work performed until an acceptable program is prime contractor shall be responsible for the compliance by
approved. any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR 5.5.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees
will not be permitted to work at less than the predetermined (7) Contract termination: debarment - A breach of the
rate for the work performed unless they are employed contract clauses in 29 CFR 5.5 may be grounds for
pursuant to and individually registered in a program which termination of the contract, and for debarment as a
has received prior approval, evidenced by formal contractor and a subcontractor as provided in 29 CFR 5.12.
certification by the U.S. Department of Labor, Employment
and Training Administration. The ratio of trainees to (8) Compliance with Davis-Bacon and Related Act
journeymen on the job site shall not be greater than requirements-All rulings and interpretations of the Davis-
permitted under the plan approved by the Employment and Bacon and Related Acts contained in 29 CFR parts 1,3, and Amok
Training Administration. Every trainee must be paid at not 5 are herein incorporated by reference in this contract.
less than the rate specified in the approved program for the
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
17. CONTRACT WORK HOURS AND SAFETY
(9) Disputes concerning labor standards - Disputes STANDARDS ACT
arising out of the labor standards provisions of this contract
shall not be subject to the general disputes clause of this (1) Overtime requirements - No contractor or
contract. Such disputes shall be resolved in accordance with subcontractor contracting for any part of the contract work
the procedures of the Department of Labor set forth in 29 which may require or involve the employment of laborers or
CFR parts 5, 6, and 7. Disputes within the meaning of this mechanics shall require or permit any such laborer or
clause include disputes between the contractor(or any of its mechanic in any workweek in which he or she is employed
subcontractors) and the contracting agency, the U.S. on such work to work in excess of forty hours in such
Department of Labor, or the employees or their workweek unless such laborer or mechanic receives
representatives. 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
(10) Certification of eligibility - (i) By entering into this hours in such workweek.
contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the (2) Violation; liability for unpaid wages; liquidated
contractor's firm is a person or firm ineligible to be awarded damages - In the event of any violation of the clause set
Government contracts by virtue of section 3(a)of the Davis- forth in paragraph(1) of this section the contractor and any
Bacon Act or 29 CFR 5.12(a)(1). subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and
(ii) No part of this contract shall be subcontracted to any subcontractor shall be liable to the United States for
person or firm ineligible for award of a Government liquidated damages. Such liquidated damages shall be
contract by virtue of section 3(a)of the Davis-Bacon Act or computed with respect to each individual laborer or
29 CFR 5.12(a)(1). mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (1) of this
(iii)The penalty for making false statements is prescribed in section, in the sum of$10 for each calendar day on which
the U.S. Criminal Code, 18 U.S.C. 1001. 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. 1 RESERVED 1
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507 Aft,,
19. NO GOVERNMENT OBLIGATION TO THIRD (3) The Contractor agrees to include the above two clauses
PARTIES in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed
(1) The Purchaser and Contractor acknowledge and agree that the clauses shall not be modified, except to identify the
that, notwithstanding any concurrence by the Federal subcontractor who will be subject to the provisions.
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 21. TERMINATION
a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any a. Termination for Convenience (General Provision)
other party (whether or not a party to that contract) The (Recipient) may terminate this contract, in whole or in
pertaining to any matter resulting from the underlying part, at any time by written notice to the Contractor when it
contract. is in the Government's best interest. The Contractor shall
be paid its costs, including contract close-out costs, and
(2) The Contractor agrees to include the above clause in profit on work performed up to the time of termination.
each subcontract financed in whole or in part with Federal The Contractor shall promptly submit its termination claim
assistance provided by FTA. It is further agreed that the to (Recipient) to be paid the Contractor. If the Contractor
clause shall not be modified, except to identify the has any property in its possession belonging to the
subcontractor who will be subject to its provisions. (Recipient), the Contractor will account for the same, and
dispose of it in the manner the(Recipient)directs.
20. PROGRAM FRAUD AND FALSE OR
FRAUDULENT STATEMENTS b. Termination for Default [Breach or Cause] (General
AND RELATED ACTS Provision) If the Contractor does not deliver supplies in
(Applies to subcontracts) accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in
Program Fraud and False or Fraudulent Statements or the manner called for in the contract, or if the Contractor
Related Acts. fails to comply with any other provisions of the contract,the
(1) The Contractor acknowledges that the provisions of the (Recipient) may terminate this contract for default.
Program Fraud Civil Remedies Act of 1986,as amended,31 Termination shall be effected by serving a notice of
U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program termination on the contractor setting forth the manner in
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its which the Contractor is in default. The contractor will only
actions pertaining to this Project. Upon execution of the be paid the contract price for supplies delivered and
underlying contract, the Contractor certifies or affirms the accepted, or services performed in accordance with the
truthfulness and accuracy of any statement it has made, it manner of performance set forth in the contract.
makes,it may make,or causes to be made,pertaining to the
underlying contract or the FTA assisted project for which If it is later determined by the (Recipient) that the
this contract work is being performed. In addition to other Contractor had an excusable reason for not performing,
penalties that may be applicable, the Contractor further such as a strike, fire,or flood,events which are not the fault
acknowledges that if it makes, or causes to be made,a false, of or are beyond the control of the Contractor, the
fictitious, or fraudulent claim, statement, submission, or (Recipient), after setting up a new delivery of performance
certification, the Federal Government reserves the right to schedule, may allow the Contractor to continue work, or
impose the penalties of the Program Fraud Civil Remedies treat the termination as a termination for convenience.
Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate. c. Opportunity to Cure (General Provision) The
(Recipient) in its sole discretion may, in the case of a
(2) The Contractor also acknowledges that if it makes, or termination for breach or default, allow the Contractor [an
causes to be made, a false, fictitious, or fraudulent claim, appropriately short period of time] in which to cure the
statement, submission, or certification to the Federal defect. In such case, the notice of termination will state the
Government under a contract connected with a project that time period in which cure is permitted and other appropriate
is financed in whole or in part with Federal assistance conditions
originally awarded by FTA under the authority of 49 U.S.C.
§ 5307, the Government reserves the right to impose the If Contractor fails to remedy to(Recipient)'s satisfaction the
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) breach or default of any of the terms, covenants, or AMIla
on the Contractor, to the extent the Federal Government conditions of this Contract within [ten (10) days] after
deems appropriate. receipt by Contractor of written notice from (Recipient)
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
setting forth the nature of said breach or default,(Recipient) Contractor and (Recipient) shall agree on payment for the
shall have the right to terminate the Contract without any preservation and protection of goods. Failure to agree on an
further obligation to Contractor. Any such termination for amount will be resolved under the Dispute clause.
default shall not in any way operate to preclude (Recipient)
from also pursuing all available remedies against Contractor If, after termination for failure to fulfill contract obligations,
and its sureties for said breach or default. it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if
d. Waiver of Remedies for any Breach In the event that the termination had been issued for the convenience of the
(Recipient) elects to waive its remedies for any breach by (Recipient).
Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit h. Termination for Default (Construction) If the
(Recipient)'s remedies for any succeeding breach of that or Contractor refuses or fails to prosecute the work or any
of any other term,covenant,or condition of this Contract. separable part, with the diligence that will insure its
completion within the time specified in this contract or any
e. Termination for Convenience (Professional or extension or fails to complete the work within this time, or
Transit Service Contracts) The (Recipient), by written if the Contractor fails to comply with any other provisions
notice, may terminate this contract, in whole or in part, of this contract, the (Recipient)may terminate this contract
when it is in the Governments interest. If this contract is for default. The(Recipient) shall terminate by delivering to
terminated, the Recipient shall be liable only for payment the Contractor a Notice of Termination specifying the
under the payment provisions of this contract for services nature of the default. In this event, the Recipient may take
rendered before the effective date of termination. over the work and compete it by contract or otherwise, and
may take possession of and use any materials, appliances,
f. Termination for Default(Supplies and Service) If the and plant on the work site necessary for completing the
Contractor fails to deliver supplies or to perform the work. The Contractor and its sureties shall be liable for any
services within the time specified in this contract or any damage to the Recipient resulting from the Contractor's
extension or if the Contractor fails to comply with any other refusal or failure to complete the work within specified
provisions of this contract, the (Recipient) may terminate time, whether or not the Contractor's right to proceed with
this contract for default. The (Recipient) shall terminate by the work is terminated. This liability includes any increased
delivering to the Contractor a Notice of Termination costs incurred by the Recipient in completing the work.
specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and The Contractor's right to proceed shall not be terminated
accepted, or services performed in accordance with the nor the Contractor charged with damages under this clause
manner or performance set forth in this contract. if-
If, after termination for failure to fulfill contract obligations, 1. The delay in completing the work arises from
it is determined that the Contractor was not in default, the unforeseeable causes beyond the control and without the
rights and obligations of the parties shall be the same as if fault or negligence of the Contractor. Examples of such
the termination had been issued for the convenience of the causes include: acts of God, acts of the Recipient, acts of
Recipient. another Contractor in the performance of a contract with the
Recipient, epidemics,quarantine restrictions, strikes, freight
g. Termination for Default (Transportation Services) If embargoes;and
the Contractor fails to pick up the commodities or to
perform the services,including delivery services,within the 2. The contractor, within [10] days from the beginning of
time specified in this contract or any extension or if the any delay, notifies the (Recipient) in writing of the causes
Contractor fails to comply with any other provisions of this of delay. If in the judgment of the(Recipient), the delay is
contract, the (Recipient) may terminate this contract for excusable, the time for completing the work shall be
default. The(Recipient) shall terminate by delivering to the extended. The judgment of the (Recipient) shall be final
Contractor a Notice of Termination specifying the nature of and conclusive on the parties, but subject to appeal under
default. The Contractor will only be paid the contract price the Disputes clauses.
for services performed in accordance with the manner of
performance set forth in this contract. If, after termination of the Contractor's right to proceed,it is
determined that the Contractor was not in default,or that the
If this contract is terminated while the Contractor has delay was excusable, the rights and obligations of the
possession of Recipient goods, the Contractor shall, upon parties will be the same as if the termination had been
direction of the (Recipient),protect and preserve the goods issued for the convenience of the Recipient.
until surrendered to the Recipient or its agent. The
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.5.00 / 20.507
i. Termination for Convenience or Default (Architect If, after serving a notice of termination for default, the
and Engineering) The (Recipient) may terminate this (Recipient) determines that the Contractor has an excusable
contract in whole or in part, for the Recipient's convenience reason for not performing, such as strike, fire, flood, events
or because of the failure of the Contractor to fulfill the which are not the fault of and are beyond the control of the
contract obligations. The (Recipient) shall terminate by contractor, the (Recipient), after setting up a new work
delivering to the Contractor a Notice of Termination schedule, may allow the Contractor to continue work, or
specifying the nature, extent, and effective date of the treat the termination as a termination for convenience.
termination. Upon receipt of the notice,the Contractor shall
(1) immediately discontinue all services affected(unless the 22. GOVERNMENT-WIDE DEBARMENT AND
notice directs otherwise), and (2) deliver to the Contracting SUSPENSION(NONPROCUREMENT)
Officer all data, drawings, specifications,reports, estimates, (Applies to subcontracts)
summaries, and other information and materials This contract is a covered transaction for purposes of
accumulated in performing this contract,whether completed 49 CFR Part 29. As such, the contractor is required to
or in process. verify that none of the contractor, its principals, as
defined at 49 CFR 29.995,or affiliates, as defined at 49
If the termination is for the convenience of the Recipient, CFR 29.905, are excluded or disqualified as defined at
the Contracting Officer shall make an equitable adjustment 49 CFR 29.940 and 29.945.
in the contract price but shall allow no anticipated profit on
unperformed services. The contractor is required to comply with 49 CFR 29,
Subpart C and must include the requirement to comply
If the termination is for failure of the Contractor to fulfill with 49 CFR 29, Subpart C in any lower tier covered
the contract obligations, the Recipient may complete the transaction it enters into.
work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient. 23. PRIVACY ACT
5 U.S.C.552
If,after termination for failure to fulfill contract obligations,
it is determined that the Contractor was not in default, the Contracts Involving Federal Privacy Act Requirements-
rights and obligations of the parties shall be the same as if The following requirements apply to the Contractor and its
the termination had been issued for the convenience of the employees that administer any system of records on behalf
Recipient. of the Federal Government under any contract:
j. Termination for Convenience of Default (Cost-Type (1) The Contractor agrees to comply with, and assures the
Contracts) The (Recipient) may terminate this contract, or compliance of its employees with, the information
any portion of it, by serving a notice or termination on the restrictions and other applicable requirements of the Privacy
Contractor. The notice shall state whether the termination is Act of 1974,
for convenience of the (Recipient) or for the default of the
Contractor. If the termination is for default,the notice shall 5 U.S.C. § 552a. Among other things, the Contractor
state the manner in which the contractor has failed to agrees to obtain the express consent of the Federal
perform the requirements of the contract. The Contractor Government before the Contractor or its employees operate
shall account for any property in its possession paid for a system of records on behalf of the Federal Government.
from funds received from the (Recipient), or property The Contractor understands that the requirements of the
supplied to the Contractor by the (Recipient). If the Privacy Act, including the civil and criminal penalties for
termination is for default, the(Recipient) may fix the fee, if violation of that Act, apply to those individuals involved,
the contract provides for a fee, to be paid the contractor in and that failure to comply with the terms of the Privacy Act
proportion to the value, if any,of work performed up to the may result in termination of the underlying contract.
time of termination. The Contractor shall promptly submit
its termination claim to the(Recipient) and the parties shall (2)The Contractor also agrees to include these requirements
negotiate the termination settlement to be paid the in each subcontract to administer any system of records on
Contractor. behalf of the Federal Government financed in whole or in
part with Federal assistance provided by FTA.
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 24. CIVIL RIGHTS REQUIREMENTS
termination. (Applies to subcontracts)
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
Civil Rights - The following requirements apply to the (c) Disabilities - In accordance with section 102 of the
underlying contract: Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor agrees that it will comply with the
(1)Nondiscrimination - In accordance with Title VI of the requirements of U.S. Equal Employment Opportunity
Civil Rights Act, as amended, 42 U.S.C. § 2000d, section Commission, "Regulations to Implement the Equal
303 of the Age Discrimination Act of 1975, as amended,42 Employment Provisions of the Americans with Disabilities
U.S.C. § 6102, section 202 of the Americans with Act," 29 C.F.R. Part 1630, pertaining to employment of
Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal persons with disabilities. In addition, the Contractor agrees
transit law at 49 U.S.C. § 5332,the Contractor agrees that it to comply with any implementing requirements FTA may
will not discriminate against any employee or applicant for issue.
employment because of race, color, creed, national origin,
sex, age, or disability. In addition, the Contractor agrees to (3)The Contractor also agrees to include these requirements
comply with applicable Federal implementing regulations in each subcontract financed in whole or in part with
and other implementing requirements FTA may issue. Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
(2) Equal Employment Opportunity - The following equal
employment opportunity requirements apply to the
underlying contract: 25. BREACHES AND DISPUTE RESOLUTION
(Applies to subcontracts)
(a) Race, Color, Creed, National Origin, Sex - In
accordance with Title VII of the Civil Rights Act, as Disputes - Disputes arising in the performance of this
amended,42 U.S.C. § 2000e,and Federal transit laws at 49 Contract which are not resolved by agreement of the parties
U.S.C. § 5332, the Contractor agrees to comply with all shall be decided in writing by the authorized representative
applicable equal employment opportunity requirements of of(Recipient)'s [title of employee]. This decision shall be
U.S. Department of Labor (U.S. DOL) regulations, "Office final and conclusive unless within [ten (10)] days from the
of Federal Contract Compliance Programs, Equal date of receipt of its copy,the Contractor mails or otherwise
Employment Opportunity,Department of Labor,"41 C.F.R. furnishes a written appeal to the [title of employee]. In
Parts 60 et seq., (which implement Executive Order No. connection with any such appeal, the Contractor shall be
11246, "Equal Employment Opportunity," as amended by afforded an opportunity to be heard and to offer evidence in
Executive Order No. 11375, "Amending Executive Order support of its position. The decision of the [title of
11246 Relating to Equal Employment Opportunity," 42 employee] shall be binding upon the Contractor and the
U.S.C. § 2000e note), and with any applicable Federal Contractor shall abide be the decision.
statutes, executive orders, regulations, and Federal policies
that may in the future affect construction activities Performance During Dispute - Unless otherwise directed
undertaken in the course of the Project. The Contractor by(Recipient),Contractor shall continue performance under
agrees to take affirmative action to ensure that applicants this Contract while matters in dispute are being resolved.
are employed, and that employees are treated during
employment, without regard to their race, color, creed, Claims for Damages - Should either party to the Contract
national origin, sex, or age. Such action shall include, but suffer injury or damage to person or property because of
not be limited to, the following: employment, upgrading, any act or omission of the party or of any of his employees,
demotion or transfer,recruitment or recruitment advertising, agents or others for whose acts he is legally liable, a claim
layoff or termination; rates of pay or other forms of for damages therefor shall be made in writing to such other
compensation; and selection for training, including party within a reasonable time after the first observance of
apprenticeship. In addition, the Contractor agrees to such injury of damage.
comply with any implementing requirements FTA may
issue. Remedies - Unless this contract provides otherwise, all
claims, counterclaims, disputes and other matters in
(b) Age - In accordance with section 4 of the Age question between the(Recipient)and the Contractor arising
Discrimination in Employment Act of 1967,as amended,29 out of or relating to this agreement or its breach will be
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, decided by arbitration if the parties mutually agree, or in a
the Contractor agrees to refrain from discrimination against court of competent jurisdiction within the State in which the
present and prospective employees for reason of age. In (Recipient)is located.
addition, the Contractor agrees to comply with any
implementing requirements FTA may issue. 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
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
limitation of any duties, obligations, rights and remedies owner's consent, the Federal Government may not extend
otherwise imposed or available by law. No action or failure its Federal license to any other party.
to act by the (Recipient), (Architect) or Contractor shall
constitute a waiver of any right or duty afforded any of 1. Any subject data developed under that contract,whether
them under the Contract,nor shall any such action or failure or not a copyright has been obtained;and
to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in 2. Any rights of copyright purchased by the Purchaser or
writing. Contractor using Federal assistance in whole or in part
provided by FTA.
26. PATENT AND RIGHTS IN DATA (c) When FTA awards Federal assistance for experimental,
(Applies to subcontracts) developmental, or research work, it is FTA's general
intention to increase transportation knowledge available to
A. Rights in Data - This following requirement applies to the public, rather than to restrict the benefits resulting from
each contract involving experimental, developmental or the work to participants in that work. Therefore, unless
research work: FTA determines otherwise, the Purchaser and the
Contractor performing experimental, developmental, or
(1) The term "subject data" used in this clause means research work required by the underlying contract to which
recorded information, whether or not copyrighted, that is this Attachment is added agrees to permit FTA to make
delivered or specified to be delivered under the contract. available to the public, either FTA's license in the copyright
The term includes graphic or pictorial delineation in media to any subject data developed in the course of that contract,
such as drawings or photographs; text in specifications or or a copy of the subject data first produced under the
related performance or design-type documents; machine contract for which a copyright has not been obtained. If the
forms such as punched cards, magnetic tape, or computer experimental, developmental,or research work,which is the
memory printouts; and information retained in computer subject of the underlying contract, is not completed for any
memory.Examples include,but are not limited to: computer reason whatsoever, all data developed under that contract
software, engineering drawings and associated lists, shall become subject data as defined in subsection (a) of
specifications, standards, process sheets, manuals, technical this clause and shall be delivered as the Federal
reports, catalog item identifications, and related Government may direct. This subsection (c) , however,
information. The term "subject data" does not include does not apply to adaptations of automatic data processing
financial reports, cost analyses, and similar information equipment or programs for the Purchaser or Contractor's use
incidental to contract administration. whose costs are financed in whole or in part with Federal
assistance provided by FTA for transportation capital
(2) The following restrictions apply to all subject data first projects.
produced in the performance of the contract to which this
Attachment has been added: (d) Unless prohibited by state law, upon request by the
Federal Government, the Purchaser and the Contractor
(a) Except for its own internal use, the Purchaser or agree to indemnify, save, and hold harmless the Federal
Contractor may not publish or reproduce subject data in Government, its officers, agents, and employees acting
whole or in part, or in any manner or form, nor may the within the scope of their official duties against any liability,
Purchaser or Contractor authorize others to do so, without including costs and expenses, resulting from any willful or
the written consent of the Federal Government, until such intentional violation by the Purchaser or Contractor of
time as the Federal Government may have either released or proprietary rights, copyrights, or right of privacy, arising
approved the release of such data to the public; this out of the publication, translation, reproduction, delivery,
restriction on publication, however, does not apply to any use, or disposition of any data furnished under that contract.
contract with an academic institution. Neither the Purchaser nor the Contractor shall be required to
indemnify the Federal Government for any such liability
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § arising out of the wrongful act of any employee, official, or
19.36,the Federal Government reserves a royalty-free,non- agents of the Federal Government.
exclusive and irrevocable license to reproduce, publish, or
otherwise use, and to authorize others to use, for "Federal (e) Nothing contained in this clause on rights in data shall
Government purposes," any subject data or copyright imply a license to the Federal Government under any patent
described in subsections (2)(b)1 and (2)(b)2 of this clause or be construed as affecting the scope of any license or
below. As used in the previous sentence, "for Federal other right otherwise granted to the Federal Government
Government purposes," means use only for the direct under any patent.
purposes of the Federal Government. Without the copyright
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Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
(f) Data developed by the Purchaser or Contractor and Department of Commerce regulations,"Rights to Inventions
financed entirely without using Federal assistance provided Made by Nonprofit Organizations and Small Business
by the Federal Government that has been incorporated into Firms Under Government Grants, Contracts and
work required by the underlying contract to which this Cooperative Agreements," 37 C.F.R.Part 401.
Attachment has been added is exempt from the
requirements of subsections (b), (c), and (d) of this clause, (3) The Contractor also agrees to include the requirements
provided that the Purchaser or Contractor identifies that of this clause in each subcontract for experimental,
data in writing at the time of delivery of the contract work. developmental, or research work financed in whole or in
part with Federal assistance provided by FTA.
(g)Unless FTA determines otherwise,the Contractor agrees
to include these requirements in each subcontract for TRANSIT EMPLOYEE PROTECTIVE
experimental, developmental, or research work financed in AGREEMENTS
whole or in part with Federal assistance provided by FTA. (Applies to subcontracts)
(3) Unless the Federal Government later makes a contrary Transit Employee Protective Provisions. (1) The
determination in writing, irrespective of the Contractor's Contractor agrees to the comply with applicable transit
status (i.e., a large business, small business, state employee protective requirements as follows:
government or state instrumentality, local government,
nonprofit organization, institution of higher education, (a) General Transit Employee Protective Requirements -To
individual, etc.), the Purchaser and the Contractor agree to the extent that FTA determines that transit operations are
take the necessary actions to provide, through FTA, those involved, the Contractor agrees to carry out the transit
rights in that invention due the Federal Government as operations work on the underlying contract in compliance
described in with terms and conditions determined by the U.S. Secretary
of Labor to be fair and equitable to protect the interests of
U.S. Department of Commerce regulations, "Rights to employees employed under this contract and to meet the
Inventions Made by Nonprofit Organizations and Small employee protective requirements of 49 U.S.C. A 5333(b),
Business Firms Under Government Grants, Contracts and and U.S. DOL guidelines at 29 C.F.R. Part 215, and any
Cooperative Agreements," 37 C.F.R.Part 401. amendments thereto. These terms and conditions are
identified in the letter of certification from the U.S. DOL to
(4)The Contractor also agrees to include these requirements FTA applicable to the FTA Recipient's project from which
in each subcontract for experimental, developmental, or Federal assistance is provided to support work on the
research work financed in whole or in part with Federal underlying contract. The Contractor agrees to carry out that
assistance provided by FTA. work in compliance with the conditions stated in that U.S.
DOL letter. The requirements of this subsection (1),
B. Patent Rights - The following requirements apply to however,do not apply to any contract financed with Federal
each contract involving experimental, developmental, or assistance provided by FTA either for projects for elderly
research work: individuals and individuals with disabilities authorized by
49 U.S.C. § 5310(a)(2), or for projects for nonurbanized
(1)General-If any invention, improvement,or discovery is areas authorized by 49 U.S.C. § 5311. Alternate provisions
conceived or first actually reduced to practice in the course for those projects are set forth in subsections (b) and(c) of
of or under the contract to which this Attachment has been this clause.
added, and that invention, improvement, or discovery is
patentable under the laws of the United States of America (b) Transit Employee Protective Requirements for Projects
or any foreign country, the Purchaser and Contractor agree Authorized by 49 U.S.C. $ 5310(a)(2) for Elderly
to take actions necessary to provide immediate notice and a Individuals and Individuals with Disabilities - If the
detailed report to the party at a higher tier until FTA is contract involves transit operations financed in whole or in
ultimately notified. part with Federal assistance authorized by 49 U.S.C. §
5310(a)(2), and if the U.S. Secretary of Transportation has
(2) Unless the Federal Government later makes a contrary determined or determines in the future that the employee
determination in writing, irrespective of the Contractor's protective requirements of 49 U.S.C. § 5333(b) are
status(a large business, small business, state government or necessary or appropriate for the state and the public body
state instrumentality, local government, nonprofit subrecipient for which work is performed on the underlying
organization,institution of higher education,individual),the contract, the Contractor agrees to carry out the Project in
Purchaser and the Contractor agree to take the necessary compliance with the terms and conditions determined by the
actions to provide, through FTA, those rights in that U.S. Secretary of Labor to meet the requirements of 49
invention due the Federal Government as described in U.S. U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part
Packet Page-1189-
9/10/2013 16.D.8.
Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
215, and any amendments thereto. These terms and Programs. Collier Area Transit's goal for DBE
conditions are identified in the U.S. DOL's letter of participation is 5.67%.
certification to FTA, the date of which is set forth Grant b. A separate contract goal has not been established
Agreement or Cooperative Agreement with the state. The for this procurement.
Contractor agrees to perform transit operations in c. The contractor shall not discriminate on the basis
connection with the underlying contract in compliance with of race, color, national origin, or sex in the
the conditions stated in that U.S.DOL letter. performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part
(c) Transit Employee Protective Requirements for Projects 26 in the award and administration of this DOT-
Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas-If assisted contract. Failure by the contractor to carry
the contract involves transit operations financed in whole or out these requirements is a material breach of this
in part with Federal assistance authorized by 49 U.S.C. § contract, which may result in the termination of
5311, the Contractor agrees to comply with the terms and this contract or such other remedy as Collier
conditions of the Special Warranty for the Nonurbanized County deems appropriate. Each subcontract the
Area Program agreed to by the U.S. Secretaries of contractor signs with a subcontractor must include
Transportation and Labor, dated May 31, 1979, and the the assurance in this paragraph (see 49 CFR
procedures implemented by U.S. DOL or any revision 26.13(b)).
thereto. d. The successful bidder/offeror will be required to
report its DBE participation obtained through race-
(2)The Contractor also agrees to include the any applicable neutral means throughout the period of
requirements in each subcontract involving transit performance. In order to comply with the
operations financed in whole or in part with Federal provisions of 49 CFR 26, the bidder/offeror agrees
assistance provided by FTA. to the following:
28. DISADVANTAGED BUSINESS ENTERPRISE • Bid Opportunity List - shall submit with all
Requests for Proposals and Invitations For
Background and Applicability Bid.
The newest version on the Department of Transportation's • Anticipated DBE Participation Statement—
Disadvantaged Business Enterprise (DBE)program became shall submit with all Requests for Proposals
effective July 16, 2003. The rule provides guidance to and Invitations For Bid.
grantees on the use of overall and contract goals, • DBE Directory — the bidder/offeror may use
requirement to include DBE provisions in subcontracts, the online DBE directory, BizNet,
evaluating DBE participation where specific contract goals www.bipincwebapps.com/biznetflorida/ to
have been set, reporting requirements, and replacement of locate ready, willing, and able DBE's to
DBE subcontractors. Additionally, the DBE program perform sub-contractor work or sub-consultant
dictates payment terms and conditions (including work on USDOT assisted contracts.
limitations on retainage) applicable to all subcontractors • Subcontractor Payment Report — shall
regardless of whether they are DBE firms or not. submit monthly to comply with monitoring
requirements of 49 CFR 26.
The DBE program applies to all DOT-assisted
contracting activities. A formal clause such as that below e. The contractor is required to pay its subcontractors
must be included in all contracts above the micro-purchase performing work related to this contract for
level. The requirements of clause subsection b flow down satisfactory performance of that work no later than
to subcontracts. 30 days after the contractor's receipt of payment
for that work from Collier County. In addition,the
A substantial change to the payment provisions in this contractor is required to return any retainage
newest version of Part 26 concerns retainage (see section payments to those subcontractors within thirty(30)
26.29). Grantee choices concerning retainage should be
days after the subcontractor's work related to this
reflected in the language choices in clause subsection d. contract is satisfactorily completed.
f. The contractor must promptly notify Collier
Disadvantaged Business Enterprises County, whenever a DBE subcontractor
performing work related to this contract is
a. This contract is subject to the requirements of Title terminated or fails to complete its work, and must
49, 49 Code of Federal Regulations, Part 26, make good faith efforts to engage another DBE Amok
Participation by Disadvantaged Enterprises in subcontractor to perform at least the same amount
Department of Transportation Financial Assistance of work. The contractor may not terminate any
Packet Page-1190-
9/10/2013 16.D.8.
Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
DBE subcontractor and perform that work through
its own forces or those of an affiliate without prior Drug and Alcohol Testing
written consent of Collier County. The contractor agrees to establish and implement a drug and
alcohol testing program that complies with 49 CFR Part
29. f RESERVED 1 655, produce any documentation necessary to establish its
compliance with Part 655, and permit any authorized
30. INCORPORATION OF FEDERAL TRANSIT representative of the United States Department of
ADMINISTRATION(FTA)TERMS Transportation or its operating administrations, the State
(Applies to subcontracts) Oversight Agency of(name of State),or the(insert name of
grantee),to inspect the facilities and records associated with
Incorporation of Federal Transit Administration (FTA) the implementation of the drug and alcohol testing program
Terms - The preceding provisions include, in part, certain as required under 49 CFR Parts 655 and review the testing
Standard Terms and Conditions required by DOT, whether process. The contractor agrees further to certify annually its
or not expressly set forth in the preceding contract compliance with Part 655 before(insert date)and to submit
provisions. All contractual provisions required by DOT, as the Management Information System (MIS) reports before
set forth in FTA Circular 4220.1F, are hereby incorporated (insert date before March 15) to (insert title and address of
by reference. Anything to the contrary herein person responsible for receiving information). To certify
notwithstanding, all FTA mandated terms shall be deemed compliance the contractor shall use the "Substance Abuse
to control in the event of a conflict with other provisions Certifications" in the "Annual List of Certifications and
contained in this Agreement. The Contractor shall not Assurances for Federal Transit Administration Grants and
perform any act, fail to perform any act,or refuse to comply Cooperative Agreements," which is published annually in
with any (name of grantee) requests which would cause the Federal Register.
(name of grantee) to be in violation of the FTA terms and
conditions. 32. ADA Access
Access for Individuals with Disabilities. The Recipient
31. DRUG AND ALCOHOL TESTING agrees to comply with 49 U.S.C. § 5301(d),which states the
Federal policy that elderly individuals and individuals with
Introduction disabilities have the same right as other individuals to use
FTA's drug and alcohol rules,49 CFR 655,respectively,are public transportation services and facilities, and that special
unique among the regulations issued by FTA. First, they efforts shall be made in planning and designing those
require recipients to ensure that any entity performing a services and facilities to implement transportation
safety-sensitive function on the recipient's behalf (usually accessibility rights for elderly individuals and individuals
subrecipients and/or contractors)implement a complex drug with disabilities. The Recipient also agrees to comply with
and alcohol testing program that complies with Part 655. all applicable provisions of section 504 of the Rehabilitation
Second, the rules condition the receipt of certain kinds of Act of 1973, as amended, with 29 U.S.C. § 794, which
FTA funding on the recipient's compliance with the rules; prohibits discrimination on the basis of disability; with the
thus,the recipient is not in compliance with the rules unless Americans with Disabilities Act of 1990 (ADA), as
every entity that performs a safety-sensitive function on the amended, 42 U.S.C. §§ 12101 et seq., which requires that
recipient's behalf is in compliance with the rules. Third,the accessible facilities and services be made available to
rules do not specify how a recipient ensures that its individuals with disabilities; and with the Architectural
subrecipients and/or contractors comply with them. Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et
seq., which requires that buildings and public
Explanation of Model Contract Clauses: accommodations be accessible to individuals with
Collier County relies on the contractor to implement a drug disabilities, and any subsequent amendments to these laws
and alcohol testing program that complies with 49 CFR or other laws pertaining to access for individuals with
655,but retains the ability to monitor the contractor's testing disabilities to the extent applicable.
program; thus, the recipient has less control over its
compliance with the drug and alcohol testing rules than it 33. ITS Standards
does under option 1. The advantage of this approach is that Section 5206(e) of the Transportation Equity Act for the
it places the responsibility for complying with the rules on 21st Century,Public Law 105-178, 112 Stat. 547,pertaining
the entity that is actually performing the safety-sensitive to conformance with the National Intelligent Transportation
function. Moreover, it reserves to the recipient the power to Systems Architecture and Standards.
ensure that the contractor complies with the program. The All ITS projects funded with Mass Transit Funds from the
disadvantage of Option 2 is that without adequate Highway Trust Funds shall use applicable ITS standards
monitoring of the contractor's program, the recipient may and interoperability tests that have been officially adopted
find itself out of compliance with the rules.
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9/10/2013 16.D.8.
Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507 Ant
through rulemaking by the United States Department of government agency administering the Contract, regarding
Transportation(US DOT). such transactions.
Accordingly, the Comptroller General and his
34. ARRA SPECIAL TERMS AND CONDITIONS representatives shall have the authority and rights as
The American Recovery and Reinvestment Act of 2009, provided under Section 902 of the ARRA with respect to
Pub. L. 111-5, (Recovery Act) was enacted to preserve and this Contract, which is funded with funds made available
create jobs and promote economic recovery, assist those under the ARRA. Section 902 further states that nothing in
most impacted by the recession, provide investments this Section shall be interpreted to limit or restrict in any
needed to increase economic efficiency by spurring way any existing authority of the Comptroller General.
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. inkk
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
Packet Page-1192-
9/10/2013 16.D.8.
Exhibit B
Federal Transit Administration Provisions
CFDA 20.500 / 20.507
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 (I)(b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name Project Name
Title Project Solicitation Number
Firm Tax ID Number
Street Address Duns Number
City, State Zip CCR Number
Packet Page-1193-
9/10/2013 16.D.8.
CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
The undersigned ( Contractor) certifies, to the best
of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). 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 Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
Packet Page-1194-
9/10/2013 16.D.8.
ANTICIPATED DBE OR MBE PARTICIPATION STATEMENT
tOILLIER COUNTY DEPAIE TIVIENT FO I 'JATI AI
DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP
/PO) FUNDING SOURCE
PRIME VENDOR/CONTRAC.T'OR:IPORilATIOf
PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT
IS THE PRIME A FLORIDA-CERTIFIED IS THE ACTIVITY OF THIS CONTRACT...
DISADVANTAGED OR MINORITY DBE? Y N CONSTRUCTION? Y N
BUSINESS ENTERPRISE MBE? Y N CONSULTATION? Y N
(DBE/MBE)? OTHER? Y N
IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER
IF PRI:ME'HAS_SUBCONTRACTORFOR SUPPLIER WHPliSDBEMIBE'PRINIt ISTO:COMPLETE THIS NEXT
ECTIN
DBE MBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
DBE MBE
DBE MBE
DBE MBE
DBE MBE
DBE MBE
DBE MBE
TOTALS:
SECTIONTO BE COMPLETED V.,PRINIEVEND011itCiNTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
MITTER
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER 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.
£tk#l41CITY .:' OI7E
Black American BA
Hispanic American HA
Native American NA
Subcont.Asian American SAA
Asian-Pacific American APA
Non-Minority Women NMW
Other:not of any other group listed 0
Packet Page-1195-
9/10/2013 16.D.8.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-10
CONSTRUCTION CONTRACTORS EQUAL OPPORTUNITY OFFICE
02/08
BID OPPORTUNITY LIST
oak
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX: (850)414-4879
This information may also be included in your bid or proposal package.
Prime Contractor/Consultant:
Address/Telephone Number:
Bid/Proposal Number:
Quote Submitted MM/YR:
49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a"bid opportunity list."The
list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts. The
list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT-assisted
projects, including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants
contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and
consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on
Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10 -$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
Packet Page -1196-
9/10/2013 16.D.8.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-10
CONSTRUCTION CONTRACTORS EQUAL OPPORTUNITY OFFICE
BID OPPORTUNITY LIST
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10- $15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
Packet Page-1197-
9/10/2013 16.D.8.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-10
CONSTRUCTION CONTRACTORS EQUAL OPPORTUNITY OFFICE
02/08
BID OPPORTUNITY LIST
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts ow
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone:
❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5 -$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5-$10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 -$5 million
4. Address: ❑ Between $5 - $10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts
2. Firm Name: ❑ Non-DBE ❑ Less than $1 million
3. Phone: ❑ Between $1 - $5 million
4. Address: ❑ Between $5 - $10 million
7. ❑ Subcontractor ❑ Between $10-$15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established:
Packet Page-1198-