Agenda 07/24/2012 Item #16A 47/24/2012 Item 16.x..4,
EXECUTIVE SUMMARY
Recommend award of Bid No. 12 -5881, "Bus Shelters Repairs," to Southern Signal and
Lighting, Inc. in the anticipated amount of $56,065.
OBJECTIVE: To obtain the Board's approval to award a Bid for the repairs to fourteen (14) of
56 Collier Area Transit (CAT) bus shelters, including amenities, to Southern Signal and
Lighting, Inc.
CONSIDERATIONS: Collier Area Transit (CAT) has developed a 5 Year Shelter Plan. This
plan includes design, purchase, construction and repair of transit shelters and amenities through
the County. Shelter amenities include but are not limited to bike racks, trash receptacles and
benches. Daily maintenance of bus stops and shelters, such as trash pickup and pressure washing,
are part of the vendor's (Keolis) contract for transit operations. Major shelter repairs and
replacements, however, are part of CAT's responsibility and are identified on the 5 Year Shelter
Plan. During the annual grant planning process, shelters needing repair, replacement and/or
construction are identified and grant funds are requested and allocated to cover the cost.
For FY12 /13 CAT identified a total of fourteen (14) shelters and amenities needing repair. For
this purpose, CAT sent out solicitations for bids procuring vendor services to perform the
necessary maintenance repairs. On April 11, 2012, the County sent out 1,291 notices of the bid
solicitation. A total of sixty (60) firms requested the full bid package, and on June 1, 2012, two
(2) firms submitted bids. Staff recommends award to the lowest responsive bidder, Southern
Signal and Lighting, Inc.
The award of the bid was based on all the requested line items but not all items will be procured
for all shelters. As stated in the solicitation document, the County shall issue purchase orders to
commence work on each shelter. Until a purchase order is executed, the County is not obligated
to purchase any goods or services via this award.
FISCAL IMPACT: Funds for these services have been approved by the Board under the
Federal Transit Administration (FTA) Grant Section 5307 FY 2011, CAT Grant Fund 424,
Project 33172, in the amount of $37,196. To complete all fourteen (14) shelter repairs, $25,478
of funding will be allocated from FTA grant 5307 FY 2012 once the grant has been accepted by
the Board. The FY 2012 allocation will also reside in the CAT Grant Fund (424).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: This item does not conflict with or impact the Growth
Management plan.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 12 -5881 for
"Bus Shelters Repairs" to Southern Signal and Lighting, Inc.
Prepared by: Yousi Cardeso, Administrative Assistant, Alternative Transportation Modes
Attachment: Solicitation and Bid Tabulation
Packet Page -1291-
7/24/2012 Item 16./,.4
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4.
Item Summary: Recommendation to award a contract for Bid No. 12 -5881, "Bus Shelters
Repairs," to Southern Signal and Lighting, Inc. in the anticipated amount of $56,065.
Meeting Date: 7/24/2012
Prepared By
Name: CardesoYousi
Title: Administrative Assistant,Altemative Transportatio
6/21/2012 10:00:33 AM
Submitted by
Title: Administrative Assistant,Alternative Transportatio
Name: CardesoYousi
6/21/2012 10:00:34 AM
Approved By
Name: SotoCaroline
Title: Management /Budget Analyst,Transportation Administr
Date: 6/22/2012 9:55:03 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/25/2012 10:41:26 AM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 6/27/2012 11:26:29 AM
Name: CarterGlama
Title: Manager - Public Transit,Alternative Transportation Modes
Date: 6/28/2012 2:53:01 PM
Name: MarkiewiczJoanne
Packet Page -1292-
Title: Manager - Purchasing Acquisition.Purchasing & Gene
Date: 6/28/2012 2:59:16 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 6/29/2012 2:49:14 PM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 7/2/2012 5:01:42 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 7/3/2012 10:32:12 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 7/3/2012 11:23:50 AM
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 7/5/2012 1:20:59 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 7/5/2012 2:16:15 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/6/2012 9:04:52 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 7/11/2012 11:08:24 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/11/2012 3:15:08 PM
Name: OchsLeo
Title: County Manager
Date: 7/12/2012 11:01:59 AM
Packet Page -1293-
7/24/2012 Item 16.A.4.
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#12 -5881
7/24/2012 Item 16.A.4.
C,-oYje,r County
kdmtnisravve - Series Division!
Lrhasing
GRANT FUNDED (FTA)
INVITATION TO BID
Date: April 11, 2012
From: Brenda Brilhart, Procurement Strategist
(239) 252 -8446, Telephone Number
(239) 252 -6697, FAX
BrendaBrilhart@colliergov.net, Email Address
To: Prospective Vendors
Subject: ITB 12 -5881 Bus Shelter Repairs
As requested by the Alternative Transportation Modes Department, the Collier County Board of
County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining
fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and time and
any applicable pre -ITB conference.
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department E- Procurement website: www.colliergov.net/bid. All responses to questions will be
posted on the website with electronic notification to all prospective vendors.
We look forward to your participation in Collier County's competitive procurement process.
cc: Yousi Cardeso, Project Manager
Note: All ITB responses submitted either manually or electronically — manual bids must
be submitted as one original, and an exact duplicate copy, including any required forms.
Purchasing Daparh kn, 3327 Tamiami Trail East • Naples. Plo.rida 34?12.4901 • vnvw.col ie gov.nEtipuMhasing
Packet Page -1295-
0
iz4lzul1 Item 16./x.4.
Invitation to Bid
Index
PUBLICNOTICE ............................... ...............................
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ....... ..............................4
EXHIBIT II: GENEP _ GiD
iB�o rug, 1"Ovi ; ....................
EXHIBIT III: STANDARD PURCHASE ORDER TERMS AND CONDITIONS .............. ..............................9
E XHIBIT kv: ADDITIONAL ITB TERMS AND CONDITIONS ......... ...............................
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................................. .............................19
ATTACHMENT 2: VENDOR'S CHECK LIST ................. ...............................
ATTACHMENT 3: VENDOR RESPONSE FORM ......................................................... .............................21
ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ...................... .............................23
ATTACHMENT 5: VENDOR SUBSTITUTE W - 9 ........................................................ .............................24
ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS .......................... .............................25
EXHIBIT A - SCOPE OF SERVICES
EXHIBIT B - SHELTER TYPES, DIAGRAM & SHELTER LOCATIONS
EXHIBIT C - GRANTING AGENCY REQUIREMENTS
EXHIBIT D - GRANTING AGENCY FORMS
1. BID OPPORTUNITY LIST
2. DECLARATION OF DEBARMENT
3. ANTICIPATED DEB SUB CONTRACTORS
#12 -5881
2
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ic�+�cv z- item -i 0.H.4.
Public Notice
Sealed bid responses for ITB 12 -5881 Bus Shelter Repairs, will be received either
electronically or manual at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County local time on April 30, 2012.
ITB responses received after the stated time and date will not be accepted.
ITB 12 -5881
Bus Shelter Repairs
No pre -bid confArQnce will be held for this solicitation. All questions regarding this ITB must be
submitted online on the Coiiier County Purchasing Department E- Procurement website:
www.collignov.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 E- Procurement website
noted herein. ITB Documents obtained from sources other than Collier County Purchasing
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.coiiieraov.net/ urchn-,inn and in the lobby of the Purchasing Building on April 11, 2012.
#12 -5881
Packet Page -1297-
3
Lxniui'; S uL)c- anc Res'nonsc 1"—Or a—,
As requested by the Collier County Alternative Transportation Modes 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 herein.
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 vendors) in
accordance with the following methodology:
• The award will be for the overall lowest base bid price.
• Collier County reserves the right to select one, or more than one suppliers, however, it
is the intent to select one contractor.
• The contract will be in the form of a standard County Purchase Order.
• It is the County's intent to complete all the shelters, but is dependent on available
funding. If necessary, the completion of all the shelters may cross fiscal years.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year and three (3) one (1)
year renewals. Prices will remain firm for the term of the contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
#12 -5881
Event
Date
Issue Solicitation Notice
4/11/12
Last Date for Receipt of Written Questions
5 pm 4/24/12
Non - mandatory pre - solicitation meeting
N/A
Addendum issued
By 4/26/12
Solicitation Deadline Date and Time
2:30 pm 4/30/12
Anticipated Board of County Commissioner's Approval Date
June 2012
Packet Page -1298-
4 1
Ven aoe Requi€-ec: DocumenrE
a. Either submit manual or electronic bid.
b. Immigration Law Affidavit and E- Verify company profile page or memorandum of
understanding
c. _ Excluded Parties List System Documentation located at: httrls : /1www,epis.gov /egis /search.do
d. Granting Agency Forms
1. Bid Opportunity List
2. Declaration of Debarment
3. Anticipated Sub - Contractors
#12 -5881
Packet Page -1299-
5
L. ';eerier a
Purpose /Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor ".
All bids must be submitted on the Bid forms furnished by the County noted in Attachments
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.
3. 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.
4. 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.
5. 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.
6. 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
#12 -5881
Packet Page -1300-
snai b distributes, eiecironicaih tc, al parties. wric receives: the- origina; bic specification:; orioi` tc
trl: dEadiln: TG: SL f31?S jloi, 5iCi i t v. la VI t t t`iis i t vViiI b O iVBV c l it rli ali ' tnr iUgi`:
a notice- of addendurr; o- ouestiom ano answer; tc ali vendors registered under the applicabie
commodity code(s) at the time wnen 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 E- Procurement website: www.collieroov.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.
7. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department e-
procurement website: www.colliergov.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 clearly labeled "Master," and one (1)
compact disk (CD /DVD) with a copy of the vendor's proposal on each CD in Word, Excel or
PDF. 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.
8. 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.collieraov.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 E- Procurement website. For general questions, please call the referenced
Procurement Strategist identified in the Public Notice.
9. 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 rip or 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.
10. 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
#12 -5881
Packet Page -1301-
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o, matenais may De relectec as nor - responsive.
11. 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.
12. Certificate of Authority to Conduct Business in the State of Florida (FI Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be
required to provide a certificate of authority from the Florida Department of State Divisions of
Corporations in accordance with the requirements of Florida Statute 607.1501
(www,sunbiz.org /search.htmi). A copy of the document shall 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.
13. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
14. 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.
#12 -5881
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c �Ri r ":.s a.:;E- :erne' �a -E � n.c :. 0n iiCo
1. Offer
actual receipt of the goods by the COUNTY
This offer is subject to cancellation by the
nonetheless remain with VENDOR.
COUNTY without notice if not accepted by
b) No charges will be paid by the COUNTY for
VENDOR within fourteen (14) days of issuance.
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2. Acceptance and Confirmation
Unless otherwise provided in Purchase
This Purchase Order (including all documents
Order, no invoices shall be issued nor
attached to or referenced therein) constitutes
payments made prior to delivery. Unless
the entire agreement between the parties, unless
freight and other charges are itemized, any
otherwise specifically noted by the COUNTY on
discount will be taken on the full amount of
the face of this Purchase Order. Each delivery of
invoice.
goods and /or services received by the COUNTY
c) All shipments of goods scheduled on the
from VENDOR shall be deemed to be upon the
same day via the same route must be
terms and conditions contained in this Purchase
consolidated. Each shipping container must
Order.
be consecutively numbered and marked to
show this Purchase Order number. The
No additional terms may be added and Purchase
container and Purchase Order numbers must
Order may not be changed except by written
be indicated on bill of lading. Packing slips
instrument executed by the COUNTY. VENDOR
must show Purchase Order number and
is deemed to be on notice that the COUNTY
must be included on each package of less
objects to any additional or different terms and
than container load (LCL) shipments and /or
conditions contained in any acknowledgment,
with each car load of equipment. The
invoice or other communication from VENDOR,
COUNTY reserves the right to refuse or
notwithstanding the COUNTY'S acceptance or
return any shipment or equipment at
payment for any delivery of goods and /or
VENDOR'S expense that is not marked with
services, or any similar act by VENDOR.
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
3. Inspection
shipment made under this Purchase Order
All goods and /or services delivered hereunder
and the full invoice value of such shipment.
shall be received subject to the COUNTY'S
d) All invoices must contain the Purchase Order
inspection and approval and payment therefore
number and any other specific information as
shall not constitute acceptance. All payments are
identified on the Purchase Order. Discounts
subject to adjustment for shortage or rejection.
of prompt payment will be computed from the
All defective or nonconforming goods will be
date of receipt of goods or from date of
returned pursuant to VENDOR'S instruction at
receipt of invoices, whichever is later.
VENDOR'S expense.
Payment will be made upon receipt of a
proper invoice and in compliance with
To the extent that a purchase order requires a
Chapter 218, Fla. Stats., otherwise known as
series of performances by VENDOR, the
the "Local Government Prompt Payment
COUNTY prospectively reserves the right to
Act," and, pursuant to the Board of County
cancel the entire remainder of the Purchase
Commissioners Purchasing Policy.
Order if goods and /or services provided early in
the term of the Purchase Order are
5. Time Is Of the Essence
non - conforming or otherwise rejected by the
Time for delivery of goods or performance of
COUNTY.
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
4. Shipping and Invoices
schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be
interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the
shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply
available to it at law or in equity. VENDOR
with all carrier regulations. Risk of loss of
agrees to reimburse the COUNTY for any
any goods sold hereunder shall transfer to
expenses incurred in enforcing its rights.
the COUNTY at the time and place of
VENDOR further agrees that undiscovered
delivery; provided that risk of loss prior to
delivery of nonconforming goods and /or services
#12 -5881
Packet Page -1303-
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i:� nc� � vva;��e o the _,_��16 =` _ ,3�� . tc �;i,�i_,
UDC!„ tllrthe- compliance wit ai' MeCifiCafi=,
Changes.
The COUNTY may at any time and by written,
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
7. Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
#12 -5881
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empioyees anc agent;. o VENDOR m the
Performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
10
Packet Page -1304-
wltnou., excemior c' stibuiatior snal DE 7UII''
responsible for comDivinp with the provisions o,
frtE tmmigrabor: Refom -, anc ✓ontro Pc c, 198
a� locaiec al E U.S.,--. 1324, ei sec;. anc
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
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
#12 -5881
SUCr creaci: anc VENLI?F iia: Taller is cure.
withir, 10 days of receim of such noticE.
1 General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
Packet Page -1305-
ifl
i
Er rd Ui'. ; t . kadill, ria, 7E erm: anc :-onciitioni
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. 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
provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be
labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
#12 -5881
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12
Standards o` C- onauc
ne vendo- snap empioy peooie to won_ or _ouni\� project. wri ar& nea ; clear:, we l- aroomec ane
courteous. Subject to the American with Disabilities Ac; Vendor shall supply competent employees who may'
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.
9. 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.
10. 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.
11. 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.
12. 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.
#12 -5881
Packet Page -1307-
13
Invoice: al' r)E- se~ T, -
Eoar: o, _.onjrnissiorier
,ierl ° , Finance Departmen`.
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapcierkL- d]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.
Collier County cautions vendors to consider both methods of payment when determining pricing as no
additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules). 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 shall 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.
13. Survivability
Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the expiration
date of the original Solicitation will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
#12 -5881
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14
14. insurance Reauirements
The Vendor shali 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 v,,ritten 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 cove:; age or limits received by Vendor from
its insurer and nothing contained herein shall relieve Vendor of '_nis requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to h provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit rein.�:Lated 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 e 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
#12 -5881
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15
QuE venoo'- uncle tnic 4'gY`eernen` o, Ji 1 1_ , /�Ck�v: Cl Unl`•
sna,. i ur�ue: CiCs oC111gaiior° ic' qurcnasE suc, InsurancE, not snai: i` D& responsifJl= Tc., th_ cove''- e(s
pure asec o: the insurance company or companies use6. The decision of the County to purchase such
insurance coverages) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of v 'l tG Ve- - _ n .� or replacement Certificate(s) of Insurance
not later than ten (1 calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the Coi, -:'y with such renewal certificate(s) shall be considered justification for the County to
terminate .y and all contracts.
15. Immigration Law Affidavit �e� teatiiin
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: httc: / /www.dhs.gov /E- Verify It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et sea. 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.
16. Background Checks
If required, Vendor / 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
#12 -5881
16
Packet Page -1310-
Ii.
services to the County unae!- tnis Agreemem This may inciudE bu no' DE iimitec= ic, checkinc r "ederai,
siaic anc iota iav enTGr e;iinen'.. recoraL ;ncivalnc z s aiE. ai �� 7 -} TEnger F m .. Cried., it ear: report
education residence anG empioymen- ver ificationc anc other" reiaiec` record:.. .ontracto- shah be'
required to maintain records on each employee and make them available to the County for at least four
(4) years.
17. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and
erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic
Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida
Department of Transportation's Design Standards (DS) on state roadways. These projects shall also
comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference.
Copies are available through the Risk Management and /or Purchasing Departments and are available
on -line at colliergov.net /purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standards Indexes, or other related documents, so to become familiar with their
requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be
enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on
the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt
of Notice of Award.
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.
#12 -5881
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17
Vendo: shai, nave avaiiabie anc it gooc working, conditior:, tne necessary equipmen to perform tnE.
required service. Vendor shall suppiy 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.
All equipment/products must be new and of current manufacture in production at the time of bid opening,
and carry standard warranties. At the time of delivery, if applicable, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and /or acceptance by the County.
#12 -5881
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in
i
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urYaaina
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.
ITB 12 -5881 Bus Shelter Repairs
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, 3327- Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
❑ 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.
❑ 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
#12 -5881
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Ml
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:
https: / /www.epis.aov /.
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: 12 -5881 Bus Shelter Repairs
11. 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.
#12 -5881
Company Name
Signature & Title
Date
Packet Page -1314-
20
Attachment 3: Vendor Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: 12 -5881 Bus Shelter Repairs
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
Bid Response Form is either electronic or manual.
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid on a
CD Rom. 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.
#12 -5881 21
Packet Page -1315-
_ na nvreun c "u be_;
ir, tn:: SmiE. c
Firm's Compiete Legat Name
Firm's Dun and Bradstreet
Number (DUNS)
(Found at www,dnb.com)
Central Contractor
Registration number (CAGE)
(Found at www,ccr.aov)
Florida Certificate of Authority
Document Number
(httr): / /www.sunbiz.ora)
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
#12 -5881
Packet Page -1316-
22
F.�
Attachment 4: Immigration Law Affidavit Certification
Solicitation # and Title : 12 -5881 Bus Shelter Repairs
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 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 proaram, 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
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
day of , 2012, by
(Type of Identification and Number)
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
#12 -5881 23
Packet Page -1317-
Attachment 5: Vendor Substitute W — 8
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) requires that the
County notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein
stated. Please complete all information that applies to your business and return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Information
Address
City State
FAX
Email
I
2. Company Status (check only one)
City
zip.
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_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
#12 -5881
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24
#12 -5881
❑ 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
Packet Page -1319-
25
Ivca L
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
$1.000,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ❑ Indemnification
To the maximum extent permitted by Florida law, the Contractor /Vendor/
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor /Vendor /Consultant or anyone employed or utilized
by the Contractor/Vendor /Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or Adw
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. ® Automobile Liability
$ 1.000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ 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
#12 -5881
❑ 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
Packet Page -1319-
25
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.
11. ® Thirty (30) Days Cancellation Notice required.
Ven^ is Insurance Statement
We understand the insurance requirem �e specifications- id that the evidence of insurability
may be required within five (5) days r award of this solicitatic
Name of Firm
Vendor Signature
Print Name
Insurance Agency _
Agent Name
#12 -5881
Packet Page -1320-
Date
Tel ;phone Number
26
L . a eid bon4
Shall oe suomitted witri response in the form
Nc` P,pnlicabke
proposai of certified funds
oashiers checi. o- a': irrevocable- ietie- c cred; F. cas• bon, i?osre:c �qit t11E
:;ounr., Sien- proposal bone; !r, E surf eaua. tC `ii. o +tr!: cos[ hr000s� A,;
miaa, pavabie ,. int o otsnr Roar-
commissioners on a bani: or trust company located in the S�iaie o:r Fiorida anc
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
Not Applicable
Contract award amount, the cost borne by the Proposer receiving an award.
The P-1- - -. —1 Paymer+ Rnn lc - "a!l be underwritten by a surety
authorized to ao business in ,,e State o[ rionaa and OLlierwise acceptable to
Owner; pro- . , the surety shall be rated as "A -" or better as to
^ -neral poli , rating and Class V or higher rating as to financial size
cat. - , - u the amount required shall not exceed 5% of the reported policy
holders' surplus, all as ro' 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.
11. ® Thirty (30) Days Cancellation Notice required.
Ven^ is Insurance Statement
We understand the insurance requirem �e specifications- id that the evidence of insurability
may be required within five (5) days r award of this solicitatic
Name of Firm
Vendor Signature
Print Name
Insurance Agency _
Agent Name
#12 -5881
Packet Page -1320-
Date
Tel ;phone Number
26
EXHIBIT A
The intent of this contract is to provide refurbishing of Collier Area Transit (CAT) bus shelters including,
but not limited to benches, bike racks and waste containers. All surface preparation, pretreatment, paint,
paint related items, material, labor, equipment, MOT and any other items required to properly prepare the
surface of the structures and field paint the structures per the paint manufacturers' recommendations
shall be considered incidental to the work. This work is federally funded and is being bid as Lump Sum.
Courthouse Style Shelter description (Exhibit B):
The courthouse style shelters listed for repair on this Bid consist of the following: a southern style shelter
manufactured by LNI Custom Manufacturing, Inc., a gray 32 Gallon Rib flare waste container model
LR300R manufactured by Wabash Valley with a dome top lid, a gray 6 foot Victor Stanley bench model
C -10 and a gray U -rack bike rack manufactured by Trilary, Inc.
Rural Style Shelter description (Exhibit B):
The rural style shelter listed for repair on this Bid consist of the following: a rural style shelter
manufactured by RCP Shelters, Inc., a brown concrete waste container from Wausau Tile Site
Furnishings model TF1015 W19 w/W19 push -door top and a green U -rack bike rack manufactured by
Trilary, Inc.
Pretreatment Specifications:
Pressure wash, fungicide and solvent clean all surfaces to meet the SSPC -SP -1 Cleanliness Standard to
remove any contamination that may be present. After washing, if a visible contaminant is still present,
solvent wipe using xylene to remove all remaining contaminants.
For Courthouse Style shelter structure:
Remove all existing coating. Wire brush and /or mechanically abrade all rusting surfaces to bright metal.
Care should be taken not to abrade the surface too aggressively as surface defects may be visible when
coated depending on coating thickness application. Solvent wipe to remove all contaminants. Sand the
surface to a minimum of a 1 mil anchor profile — preferably 2 -3 mils. Solvent wipe to remove all
contaminants.
Note: On the courthouse style shelters please provide quotes for the removal or replacement of all
decors (i.e., metal scrollwork). For the removal take into consideration grinding all welding excess or
sealing all rivet holes as needed to achieve a level surface.
For Victor Stanley bench arms, bike racks, waste container mounting and Rural style shelter
structure:
Wire brush and /or mechanically abrade all rusting surfaces to bright metal. Sand to a dull smooth finish.
Feather sand out all rough edges. Solvent wipe to remove all contaminants. Sand the surface to a
minimum of a 1 mil anchor profile preferably 2 -3 mils. Solvent wipe to remove all contaminants.
For wood surfaces on Rural Style shelters:
Reset all protruding nail heads and putty over until a level surface is achieved. Replace all damaged
wood of the seat and /or roof with new wood with equal size and material. For the wooden benches sand
to remove all existing paint, contaminants and stains.
Painting Specifications:
All paint colors are to be matched to the current surfaces unless stated otherwise. Apply all coats of paint
according to manufacturer's specifications. To the maximum extent practical, apply each coat of paint as
a continuous film, of uniform thickness, free of pores. Repaint all thin spots or areas missed in the
#12 -5881 27
Packet Page -1321-
application, anC allow them t dC,' before apclvinc the ne ?'� coa' o'� oain . Wher recoatlnG l CeClUlre'C..
r)wr, d%'' Tc c'. i e a F nouF .eio-; tn-e
Paintinc Specrcations fo,, meta: surface:
First spot prime all joints and welds with PPG Amerlock 2. For the first full coat prime bare metal with PPG
Ameriock 2 Metal Primer to a Theoretical wet film thickness of 6 -7 mils and Theoretical dry film to 4 -6 mils.
Then apply second coat of Ameron PSX700 with a Theoretical wet film thickness of 2 -3 mils and a
Theoretical dry film of 1.1 -1.6 mils. The total system dry film thickness should be at 5.1 to 7.6 MILS.
Paint Specifications for the wood surfaces of the Rural style shelter roof.•
First spot prime where needed with Porter #515 Wood Bonding Primer. For the first coat use Porter #4 -808
Clear Sealer with a Theoretical spread rate of 200 to 400 mils. Then apply second coat of Porter #739 Acri-
Shield Acrylic Satin with a Theoretical spread rate of 200 to 400 mils, a Theoretical wet film thickness of 4
mils and a Theoretical dry film of 1.4 mils. The total system dry film thickness should be at 1.4 MILS.
Weather and Temperature Limitations for Field and Maintenance Coating:
Ensure the ambient air temperature, relative humidity, and dew point and surface temperature of the
steel to be coated are within limits recommended by the coating manufacturer. Do not apply coatings
when contamination from rainfall is imminent or when the temperature or humidity is outside limits
recommended by the coating manufacturer.
Protection of Adjacent Surfaces:
Consider wind direction, velocity and geographic location as having a major impact on all cleaning and
painting operations. If conditions are such that material is dispersed to areas where vehicles or other
property may be damaged, suspend operations until conditions improve enough to permit work without
damage.
Protect all surfaces not intended to be painted, which are adjacent to, or in close proximity to the
surfaces to be painted, during the application of paint. Clean surfaces other than those intended to be
painted until all traces of paint have been removed and the surface has an acceptable appearance. Use
all necessary precautions to prevent material from cleaning and painting operations from being dispersed
outside the work site.
Other Specifications:
Courthouse Style bench slats:
Replace broken slats of the recycled plastic benches with equivalent color and size. In the cases that
most slats are broken; replacement of entire bench could be made if is more cost effective. New slats
are not to contain the steel spine on the back. Slats must be installed per manufacturer's specification to
ensure warranty.
Signs and Schedule Holders (Exhibit B):
Remove all bus stop signs and schedule holders attached to shelter structure and reinstall on a separate
pole provided by the county on the appropriate approach of the bus. Bus stop sign needs to be installed
per FDOT's guidelines.
Final Cleaning Up of Right -of -Way:
Upon completion of the work, and before the Department accepts the work and makes final payment,
remove any paint drips or spots from the concrete slab and surrounding area, remove from the right -of-
way and adjacent property. Restore in an acceptable manner all property, both public and private, that
has been damaged during the prosecution of the work; and leave the waterways unobstructed and the
roadway in a neat and presentable condition throughout the entire length of the work under contract. Do
not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the
consent of the property owners.
#12 -5881
28
Packet Page -1322-
Contractors PeauirementsIResponsihilitiew
(a The contractof sna' be responsible to" sate Maintenance o. T raffi (MOT; practice_ iri
' acCOrGance
: b iinlcLratV proceGUf QUrin` a!: JraS °; witr trip cur r en ins", 583' c, n-
c.
proiec, work. Observation of unsafe M(_-)7 practicer Dir t;ounty Transportation o' Risl IVianagemem
personnel will be grounds for an order to cease work. Continued unsafe MOT practices will be
grounds for voiding this contract.
(b) The contractor shall keep the area of work protected from the public at all times during the length of
the repair.
(c) All MOT shall be considered as incidental work and payment therefore is included in the respective
contract bid amounts. No material, labor or equipment, shall be added to invoice costs for design,
set -up, take -down, or maintenance of proper MOT.
(d) The contractor shall be capable of providing field engineering and technical assistance as needed
within the contract period.
(e) All project meetings, scheduled or unscheduled, field meetings, office work, and permit application
preparation work shall be considered administrative overhead and incidental to contract work, and is
to be performed without billing.
(f) 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.
(g) Contractor may be required to perform work at night and /or on weekends due to lane closure
prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or
arterials, except for emergency repairs. No lane closures shall take place between the hours of 6:00
a.m. and 8:00 p.m. between the dates of November 1st and April 30th without express consent of the
Traffic Operations Director.
Prices:
Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage, etc. and be
exclusive of taxes. Prices shall be all- inclusive to complete the specified work. Prices quoted must be
firm for the term of the Contract.
Warranty:
The Contractor shall warrant this work to be free of defects in workmanship that would cause the coating
to blister, peel, soften, or loosen bond for a period of five (5) years from the date of acceptance by Collier
County.
Timeframe for Completion of Individual Shelters:
Each shelter repair shall be initiated by a Notice to Proceed (NTP) — the shelter will be refurbished within
thirty (30) days of NTP unless otherwise directed by the County Project Manager (in writing).
#12 -5881 29
Packet Page -1323-
11- 24122(' I -° lterr, 'I:.4-4.
BIP RESpQR"S_ PJRIV
The intent of this contract i,c: to provide refurbishing c oliie Are& E ransr� (CAT) bu.. shelters inciuorng,
benches, bike racks and waste containers. All surface preparation, pretreatment, paint, paint related
items, material, labor, equipment, MOT and any other items required to properly prepare the surface of
the structures and field paint the structures per the paint manufactures recommendations shall be
considered incidental to the work. This work is federally funded and is being bid as Lump Sum.
This work is being bid as Lump Sum and includes the following Task(s) as shown in Table "A" below:
Table "A"
Task
Total Lump Sum Price.
Paint and repair (7) Rural Style Shelters and all
amenities including pressure wash, rust treatment,
$
wood treatment, solvent wipe, abrades, prime, paint
and relocation of signs and holders.
Paint (7) Courthouse style shelters and all amenities
with removal of decors including pressure wash, rust
$
treatment, solvent wipe, abrades, prime, paint and
relocation of signs and holders.
Paint (7) Courthouse style shelters and all amenities
with replacement of decors including pressure wash,
$
rust treatment, solvent wipe, abrades, prime, paint and
relocation of signs and holders.
Replacement cost per slat for the courthouse style
$
shelter bench.
Replacement of entire courthouse style bench
$
Total Base Bid
$
j
#12 -5881
30
Packet Page -1324-
7'-
lien
E
Rural Style Shelter
NOW
#12-5881
31
Packet Page -1325-
FL
,HL FI A'K"N ,
EKHM"T F
;. 3A i rsus Szop sign placement
SHELTER LOCATIONS
WWI Y.
#12 -5881
Packet Page -1326-
32
Area
Location
Shelter Type
1
East Naples
Thomasson Dr / Ba shore Dr WB
Courthouse
2
East Naples
Thomasson Ln / US 41 East WB
Courthouse
3
East Naples
Rattlesnake Hammock Rd/ West of Hawaii Blvd EB
Courthouse
4
East Naples
Airport Rd / North of US 41 East NB
Courthouse
5
Naples Manor
Lel Cultural Pkwy/ Edison State College WB
Courthouse
6
Na les Manor
Triangle Blvd /US 41 East SB
Courthouse
7
Naples
Goodlette Frank Road/ South of 13 Ave N Post Office NB
Courthouse
8
East Naples
Radio Rd/ Devonshire Blvd WB
Rural
9
East Naples
Radio Rd/ Manor Blvd EB
Rural
10
East Naples
Radio Road /San Marcos Blvd WB
Rural
11
East Naples
Radio Road /San Marcos Blvd EB
Rural
12
Golden Gate Cit
Sunshine Blvd /North of GG Pkwy NB
Rural
13
Golden Gate City
GG Pk /West of Tropicana Blvd WB
Rural
L.14
Golden Gate Cit
Green Blvd/Whistlers Green Cir EB
Rural
#12 -5881
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32
■
7, 241?fie r Itern
Exhibit C - Granting Agency Requirement:
Carob Preference Requirements -This clause only applies to contracts in which materials, equipment, or •
commodities may be transported by ocean vessel in carrying out the terms of the contract. As required by
46 C.F.R. Part 381, the Contractor agrees: a.) to use privately owned United States -Flag commercial
vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry
cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant
to the underlying contract to the extent such vessels are available at fair and reasonable rates for United
States -Flag commercial vessels; b.) to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of leading
for shipments originating outside the United States, a legible copy of a rated, "on- board" commercial
ocean bill -of - lading in English for each shipment of cargo described in the preceding paragraph to the
Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590 and to the FTA recipient (through the vendor in the case of a subcontractor's bill -of- lading.) c.) to
include these requirements in all subcontracts issued pursuant to this contract when the subcontract may
involve the transport of equipment, material, or commodities by ocean vessel.
Energy Conservation Requirements - The Energy Conservation requirements are applicable to all
contracts and subcontracts. The Contractor shall recognize mandatory standards and policies relating to
energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. Section 6321 et seq.).
Access to Records and Reports -The following access to records requirements apply per 49 U.S.C. 5325/
18 CFR 18.36/ 49 CFR 633.17. The vendor agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Vendor agrees to maintain same until the Purchaser, the FTA 40
Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of
all such litigation, appeals, claims or exceptions related thereto.
Federal Changes -The federal changes requirement as per 49 CFR Part 18 applies to all contracts. The
Federal Changes requirement flows down appropriately to each applicable changed requirement. The
vendor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the FTA Agreement MA(15)
(http: / /www.fta.dot.gov /documents /15- Master.pdf) between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Vendor's failure to comply shall
constitute a material breach of this contract.
No Government Obligation to Third Parties - Applies to all contracts. The Purchaser and Vendor
acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval
of the solicitation or award of the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract. The Vendor agrees to include
the above clause in each subcontract financed in whole or in part with Federal assistance provided by
FTA. It is further agreed that the clause shall not be modified, except to identify the subcontract who will
be subject to its provisions.
Program Fraud and False or Fraudulent Statements - Applies to all contracts. (1) The Vendor
acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31
U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31,
#12 -5881 33
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JTIX17 d;.t"'Litiol tr`- i rc° "'! i ?r !;Come,- tn` „Tier;).
1tLr? o- zfrlrmE' til, T °L1tbTLinP,S an,.- <,- Llru..` r a ?l st�L.,,17 I " ' Ila'.'' ?11ai F` I111�'. ;, Ii ni ! ?iiuS,.
c aus' 1C i7:' I11aC�, I1enaininL a m, unclerlvin, contrac, o` tn. 7. f. aSS1SLeC UIOItC`, TOi WI73CL: tI11C.
contract wori, iS being perforllec. In addition to otne'. -- penalues that may be apphcabie, the vendor Iiii -tiler
actuiowiedges that if it makes, or causes to be made, a false, fictitious. or fraudulent claim, statement.,
submission, or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Vendor to the extent the Federal Government deems
appropriate. (2) The Vendor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded by
FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties
of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Vendor, to the extent the Federal Government
deems appropriate. (3) The Vendor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontract who will be subject to the provisions.
Government -wide Debarment and Suspension (Non - procurement) - FTA recipients and sub -
recipients are prohibited from contracting for goods and services from organizations that have been
suspended or debarred from receiving Federally assisted contracts per Executive Order 12549, Debannent
and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section
2455, Public Law 103 -355, 108 Stat. 3327). As part of their applications each year, recipients are
required to submit a certification to the effect that they will not enter into contracts over $25,000 with
suspended or debarred vendors and that they will require their vendors (and their subcontracts) to make
the same certification to them.
Privacy Act - (1) The vendor agrees to comply with, and assures the compliance of its employees with,
the infornlation restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §
552a. Among other things, the vendor agrees to obtain the express consent of the Federal Government
before the Contractor or its employees operate a system of records on behalf of the Federal Government.
The Contractor understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the
terms of the Privacy Act may result in termination of the underlying contract.(2) The vendor also agrees
to include these requirements in each subcontract to administer any system of records on behalf of the
Federal Government financed in whole or in part with Federal assistance provided by FTA.
Civil Rights Requirements - The Civil Rights Requirements apply to all contracts. 1) Nondiscrimination
- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the
Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Vendor
agrees that it will not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Vendor agrees to comply with
applicable Federal implementing regulations and other implementing requirements FTA may issue. 2)
Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract: a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the
Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Vendor agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
#12 -5881
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Paci<et Page -1328-
lteM
lilu IL Ifit iutult afr„ct constructlori activities unaertaxen in the course of the Proiec *_ Thy V„ndo" affr ec,
i Lcii G '11'Ima?lt✓ ; acti�L tG eT.ISUr:= tlla, ai)piioallt;_ art enlploveE ., al1CA tlla: elmpl0 \, /ee;; ai' ti'eateCi Clltrlllc
°11171C)�Il' °rte witn01' Lar c ra �'�li��_ Cr n'L1011a OritTl] se<_., O a(_; 'SG_.-i c.11o1 diall
lllciucic. taut no. a ' llmitec tc. tne. rollowlnr: empiovnler,t. upU,adin< , demotion o. transre:, recruitment of
recruitment advertising, layoff or termination. rates of pay or other forms of compensation: and selection
for training, including apprenticeship. In addition, the Vendor agrees to comply with any implementing
requirements FTA may issue. b) Age - In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the
Vendor agrees to rGllitill 1,.,,.a �., ,1,11in .au.,, r,1,� 'Ai;" prospective employees for reason of age.
In addition, the Vendor agrees to comply with any implementing requirements FTA may issue. c)
Disabilities - In accordance^ ;07 ,ection 102 of the Americans with Disabilities Act, as amended, 42
U.S.C. § 12112, the `.'�ndor agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Vendor agrees to comply with any implementing requirements FTA may issue. 3) The
Vendor also agrees to include these requirements in each subagreement financed in whole or in part with
Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
Disadvantaged Business Enterprise (DBE) - All contracts are subject to the requirements of 49 CFR
Part 26, Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance
Programs. Collier Area Transit's goal for DBE participation is 12.06 %. A separate contract goal has not
been established for this procurement. The offeror shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. Each subcontract the vendor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). "The vendor shall
make a good faith effort to assure that registered disadvantaged business enterprises are used as sources of
supplies, equipment, construction, and services as much as possible. Each vendor shall identify the
anticipated level of participation by DBE's in the project and report its actual DBE participation (if any)."
The offeror will be required to report its DBE participation obtained through race - neutral means
throughout the period of performance. The vendor is required to pay its DBE subcontractors performing
work related to this contract for satisfactory performance of that work no later than 30 days after the
vendor's receipt of payment for that work from Collier County. In addition, the vendor is required to
return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's
work related to this contract is satisfactorily completed. The vendor must promptly notify Collier County,
whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the
same amount of work. The vendor may not terminate any DBE subcontractor and perform that work
through its own forces or those of an affiliate without prior written consent of Collier County.
Incorporation of Federal Transit Administration (FTA) terms - Applies to all contracts at all levels.
The preceding provisions include, in part, certain Standard Terns and Conditions required by DOT,
whether or not expressly set forth in the precc,_` Q contract provision, All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F (http., "vwi *°.` _:' "L Maws /circulars /leg_reg_8641.html),
dated Nov 1, 2008, are hereby incorporated by enc Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to c,, aol in the event of a conflict with other
provisions contained in this Agreement. The Vendor shall not _�rform any act, fail to perform any act, or
refuse to comply with any Collier County requests which wo _u cause Collier County to be in violation of
the FTA tenors and conditions.
#12 -5881
35
Packet Page -1329-
-Mir aoHc .c��€i " "€�FIsk3e°R "' ask CF ° "il'.rC` Sti "ilf.;
n'1CPz 1717it171h th` 1e7; ST?E ^,ine6 t€ ti2d )FI �,.
izri .= oftl, - provision: o-1 to K, C:onn'a; ;. .olii °` nia- ic- nnlnatt- tn�.5 COiltrac;. 70` Ele %2i.ti, _.011ie
'—ounty snali terminate by cichveitng to the vendor a Notice of Termination specifying the nature of the
default. The vendor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner or performance set forth in this contract,
If, after termination for failure to fulfill contract obligations, it is detennined that the vendor was not in
default, the rights and obligations of the parties shall be the-same as if the termination had been issued for
the convenience of Collier County.
Termination for Convenience — Collier County, by written notice, may terminate this contract, in whole
or in part, when it is in the Government's interest. If this contract is terminated, Collier County shall be
liable only for payment under the payment provisions of this contract for services rendered before the
effective date of termination.
Davis -Bacon and Copeland Anti- Kickback Acts
(1) Minimum wages - (1) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are pennitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage detenmination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I (b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Labor -2rs or mechanics performing work in
more than one classification may be compensated at the rate spec' i --d for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage deternination (including any additional
classifications and wage rates conformed under paragraph (1', i) of this section) and the Davis -Bacon
poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage detei-rnination and which is to be employed under the contract shall be
classified in confonnance with the wage determination Th contracting officer shall approve an
additional classification and wage rate and fringe benefits there,- only when the following criteria have
been met`
#12 -5881
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36
t ? ,leer,,- wits romc ': ul neiner, a clennec' ar 20 flit wort- jr t)t ne,-fortjje tij<
Ciasslltcatlol requester 1„ no`L �nerlorme(i bV a ciasslIl�at7ort lli tnt V ✓a <�t cieternimatlon: anG
(2i The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in
which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting
officer, to the Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the contract shall be classified in conformance
with the wage determination. The contracting officer shall approve an additional classification and wage
rate and fringe benefits therefor only when the following criteria have been met:
#12 -5881 37
Packet Page -1331-
� ran
_'h; vIGx. lr C}` r);; tYrE ';IaSSITT`watl7r-
aeterninaiio,,: ar.
2"'i The classification is utilized in the area by the construction industrl,-; and,
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30 -day period that additional
time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting
officer, to the Administrator for determination. The Administrator, or an authorized representative, will
issue a detennination with 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally- assisted
contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, the Collier County may,
after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B) of the Davis-
#12 -5881
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38
BacorF Act`, daikIr anC wec1L1— numb.— ° o," hour: Alo, Fcc', ci °duction� lnad, anc actua. waaeF naic.
V`:711P11PVe? tnt 5ecreiaT unc uncle' 2C tna tn- wage: o n`, anore, o" f
lnecnan, 1nciva_ tne, amoun"( o� an - " COSTS reasona[71 / amicipatec lrl provlciln` benel-M. Uncle' a mail o-
program describes In seciion l(l7)(2)(B} oi th-- Davis- Bacori Ac , the contractor Shall maintain records;
which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy
of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls
submitted shall set out accurately and completely all of the information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form
desired. Optional Form WH -347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029- 005- 00014 -1), U.S. Government Printing
Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits
or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil
or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States
Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice to the contractor, sponsor,
#12 -5881 39
Packet Page -1333-
(4) Apprentices and trainees - (1 ) Apprentices - Apprentices will be permitted to work. aE less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training., or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio pennitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
detennination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio pennitted under the registered program shall be paid not less
than the applicable wage rate on the wage detennination for the work actually performed. Where a
contractor is perfonning construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified
in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage detennination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage detennination for the applicable classification. If the Administrator of
the Wage and Hour Division of the U.S. Department of Labor detennines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that detennination. In
the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor- will no longer be permitted to
utilize apprentices at less than the applicable predetennined rate for the work perfonned until an
acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetennined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than pennitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage detennination unless the Administrator of the Waae and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage detennination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage detennination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio pennitted under the registered
#12 -5881 40
Packet Page -1334-
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(4) Apprentices and trainees - (1 ) Apprentices - Apprentices will be permitted to work. aE less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training., or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio pennitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
detennination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio pennitted under the registered program shall be paid not less
than the applicable wage rate on the wage detennination for the work actually performed. Where a
contractor is perfonning construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified
in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage detennination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage detennination for the applicable classification. If the Administrator of
the Wage and Hour Division of the U.S. Department of Labor detennines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that detennination. In
the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor- will no longer be permitted to
utilize apprentices at less than the applicable predetennined rate for the work perfonned until an
acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetennined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than pennitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage detennination unless the Administrator of the Waae and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage detennination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage detennination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio pennitted under the registered
#12 -5881 40
Packet Page -1334-
program: shall be paic not less= than the ani)licable wag. rate or the wage deterilinatior foT- the worl
a° Jell tllb L1mUto`g11eIi L"11C h�tf � ahr-n ,,a o- actUall - oe?iormeL !,
tralnim; orograrri., tii`- contIacto : wllr nu bilge t)4 permitt.ec. to utilizt- tralneeE: ai leS' than tilt appllcamc-
predetermined rate tot the wori, perforineo until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of
29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in
29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract tennination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference
in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved
in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or fine
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
General Decision Number: FL120012 02/17/2012 FL12
Superseded General Decision Number: FL20100111
State: Florida
Construction Type: Building
County: Collier County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
#12 -5881
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41
fu J. 2a 1101
0 l -
ELEC0349 -005 09/05/2011
Entire County except that portion due west of Broward County
and east of the south southwest corner of Hendry County
Rates Fringes
ELECTRICIAN ......................$ 25.55 7.71
----------------------------------------------------------------
ELEC0728 -005 09/01/2011
Remainder of County
Rates Fringes
ELECTRICIAN ......................$ 28.46 8.56
----------------------------------------------------------------
ENG10487 -007 01/01/2010
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL ....... $ 23.94 5.93
----------------------------------------------------------------
* PAIN0365 -002 08/01/2010
#12-5881
42
Packet Page -1336-
Rates
Fringes
OPERATOR: Crane
All Tower Cranes Mobile,
Rail, Climbers, Static -
Mount; All Cranes with
Boom Length 150 Feet &
Over (With or without jib)
Friction, Hydro, Electric
or Otherwise; Cranes 150
Tons & Over; Cranes with 3
Drums (When 3rd drum is
rigged for work); Gantry &
Overhead Cranes; Hydro
Cranes Over 25 Tons but
not more than 50 Tons
(Without
Oiler /Apprentice);
Hydro /Friction Cranes
without Oiler /Apprentices
when Approved by Union; &
All Type of Flying Cranes;
Boom Truck ..................$
28.30
8.78
Cranes with Boom Length
Less than 150 Feet (With
or without jib); Hydro
Cranes 25 Tons & Under, &
Over 50 Tons (With
Oiler /Apprentice); Boom
Truck .......................$
27.57
8.78
OPERATOR: Mechanic ..............$
27.57
8.78
OPERATOR: Oiler .................$
----------------------------------------------------------------
22.24
8.78
* IRON0272 -003 10/01/2011
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL ....... $ 23.94 5.93
----------------------------------------------------------------
* PAIN0365 -002 08/01/2010
#12-5881
42
Packet Page -1336-
----------------------------------------------------------------
* PLUM0630 -003 01/01/2012
Rates Fringes
PIPEFITTER (HVAC Pipe
Installation ) ....................$ 27.09 9.97
----------------------------------------------------------------
* SHEE0032 -003 01/01/2009
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation ) ....................$ 24.42 11.36
----------------------------------------------------------------
* SUFL2009 -008 05/22/2009
Rates
Fringes
BRICKLAYER .......................$
18.95
0.00
CARPENTER ........................$
16.23
3.70
CEMENT MASON /CONCRETE FINISHER...$
13.05
1.49
INSULATOR - PIPE & PIPEWRAPPER ...
$ 13.13
3.03
LABORER: Asphalt Shoveler .......
$ 7.88
0.00
LABORER: Common or General ......
$ 11.79
2.03
LABORER: Concrete Saw ...........
$ 12.63
0.00
LABORER: Mason Tender - Brick ...
$ 13.00
0.00
LABORER: Mason Tender -
Cement /Concrete ..................$
12.83
1.90
LABORER: Pipelayer ..............$
12.31
1.19
LABORER: Roof Tearoff ...........
$ 8.44
0.00
LABORER: Landscape and
Irrigation .......................$
12.00
0.00
OPERATOR: Asphalt Spreader ......
$ 11.41
0.00
OPERATOR: Backhoe /Excavator .....
$ 11.00
0.00
OPERATOR: Bulldozer .............$
15.01
0.00
OPERATOR: Distributor ...........
$ 12.37
0.00
OPERATOR: Forklift ..............$
14.00
0.00
OPERATOR: Grader/Blade ..........
$ 13.73
0.00
OPERATOR: Loader ................$
13.80
1.79
OPERATOR: Paver .................$
11.69
0.00
OPERATOR: Pump ..................$
19.00
0.00
OPERATOR: Roller ................$
10.68
0.00
OPERATOR: Screed ................$
11.34
0.00
OPERATOR: Tractor ...............$
9.91
0.00
OPERATOR: Trencher ..............$
11.75
0.00
PAINTER: Brush and Roller .......
$ 13.46
0.00
PIPEFITTER, Excludes HVAC
Pipe Installation ................$
17.83
0.00
PLUMBER ..........................$
13.58
0.00
ROOFER (Installation of Metal
Roofs Only) ......................$
14.26
0.59
ROOFER, Includes Built Up,
Hot Tar, Modified Bitumen,
Shake & Shingle, Single Ply,
Slate, & Tile Roofs (Excludes
Installation of Metal Roofs) .....
$ 13.92
0.52
SHEET METAL WORKER, Excludes
HVAC Duct Installation ...........
$ 18.79
3.21
#12 -5881
43
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-1337-
T rm Er
--------- - - - - --
WELDER" - Rece1 ,Te rate pr escilbec foY c af_. per f or min C_
Operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non - union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198 -005 07/01/2011. The
first four letters , PLUM, indicate the international union and
the four -digit number, 0198, that follows indicates the local
union number or district council number where applicable ,
i.e., Plumbers Local 0198. The next number, 005 in the
example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these
characters is the effective date of the most current
negotiated rate /collective bargaining agreement which would be
July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rate.
Non -Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non -union data. Example: SULA2004 -007
5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/201'C, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
----------------------------------------------------------------
#12 -5881
44
Packet Page -1338-
ha tri 1j— nee L a In d_ de D, 1r. the mc
ID e
* an existing published wage determination
* a survey underlving a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact,.including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
#12 -5881
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45
#12 -5881
EXHIBI [ - GRANITI G AGENC!` CORMS
::,roviuec r� -SeLarat- �iie
Packet Page -1340-
46