Agenda 09/13/2011 Item #16A249/13/2011 Item 16.A.24.
EXECUTIVE SUM MAR
Recommendation to award Request for Proposal (RFP) ' 11 -5621 for Design Services for
improvements at the Collier Area Transit (CAT) Administration and Operations Facility at 8300
Radio Road, to Atkins North America, Inc., and to %uthorize the Chairman to execute the attached
contract in the amount of $502,451.20.
C}-CTIVE: To award a contract to Atkins North America, Inc. for the Design of upcoming
and future planned improvements at the CAT Administration and Operations Facility at 8300
Radio Road.
CONSIDERATIM In January 2001, the Collier County Board of County Commissioners
(BCC) approved the Public Transportation Operation Plan (PTOP) and the CAT System was
initiated with a fleet of seven buses. Today the CAT system operates from 5:00 a.m. to 8:00
p.m., seven days a week, excluding holidays. The CAT system consists of ten fixed routes with
seventeen buses operating during peak hours. CAT provides more than 1 million passenger trips
on its fixed route system each year.
Collier County purchased the site at .8300 Radio Road in 2005. The facility is located on the
south side of Radio Road, east of Santa Barbara Boulevard within the Gallman Olds Dealership
Planned Unit Development (PUD).; Prior to the purchase of this property by Collier County it
was used as a new and used car dealership. Required repairs and minimal improvements were
made to the property to allow it to function as a transit operations and maintenance facility.
An environmental assessment must be conducted prior to utilizing any federal funding to
determine project impacts to the environment and surrounding area. This assessment is nearing
completion and staff has submitted a request to Federal Transit Administration (FTA) for a
Categorical Exclusion. Design and permitting is the next step in the process to be able to convert
this location into a fully functioning transit transfer and operations center.
Collier County was awarded FTA funding in the amount of $1,832,236 for design and
construction of improvements to the existing facility. This action addresses the design at
$502,451.20. The, balance will be used for initial construction items and further construction will
be phased in over several years as further grant funding becomes available. This consultant will
create a design "Master Plan as part of this project. Individual elements will be able to be built
independently as funding becomes available. Completed design plans are beneficial when
applying for FTA funding as they typically send out calls for construction ready projects.
The 1 facility currently houses the transit administration offices, maintenance area, and a-
temporary transfer center. CAT buses are fueled by a fuel truck that is stationed on site and there
are no permanent passenger facilities. The design project will include the addition of a
permanent transfer station, construction of a fueling island and bus wash facility, construction of
ADA compliant restrooms, and other necessary improvements to enhance existing operations,
safety, and, security. Additionally, the project includes design elements that will upgrade the
building and site to current ADA standards.
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9/13/2011 item 16.A.24.
At the time that CAT moved into the facility, Radio Road was a two -lane roadway. Collier
County committed that no transfer activities would take place prior to the four - laning of Radio
Road. After Radio Road was four- laned, the process began to request a conditional use to allow
transfer activities to take place. Staff worked with residents in the area to minimize impacts of
the project and Collier County was granted a conditional use to allow the facility to serve as a
secondary transfer center in .March 2010. Minor improvements were completed in January 2011
(portable restrooms, signage and striping, and construction of steps) with local funding so that
preliminary transfer activities could take place at the facility until such time that permanent
improvements could be made.
Current federal grants will be used to construct some of the design improvements (i.e. money
vault for the Intelligent Transportation- System project funded by the American Recovery and
Reinvestment Act). Other improvements will await .future FTA and federal discretionary grant
funding.
The Alternative Transportation Modes (ATNj} Department, requested proposals from qualified
engineering firms for preparation of detailed engineering and architectural plans to refurbish the
existing building and site. The RFP for design services was posted on December 13, 2010, with
989 email notices sent to firms who provide these services. Eight proposals were received on the
due date of January 28, 2011. The selection committee met initially on March 10 and was
reconvened on March 16 to clarify a Committee member's final ranking,, the Committee ranked-
and scored each proposal and reached a consensus ranking identifying PBS &J (Atkins North
America) as the top ranked firm. The Board of County Commissioners approved the selection of
PBS &J (Atkins America) and authorized the negotiation of a contract on April 12, 2011.
FISCAL IMPACT: Federal funding in the amount of $502,451.20 for the design is available in
Collier Area Transit Fund 426, within Project No. 35010. The source of funding is FTA Section
5309 grant funding with no local match requirement
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: Consistent with Objective 10 and 12 of the
Transportation Element of the Growth Management Plain.
RECOMMENDATION: That the Board of County Commissioners approve the award of a
contract RFP# 11 -5621 in the amount of $502,451.20 to Atkins North America, Inc. for the
Design of the improvements at the CAT Administration and Operations Facility at 8300 Radio
Road and authorize the chairman to sign the negotiated contract with endorsement from the
County Attorney's office.
Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes
Department.
Attachments: (1) Contract
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w
9/13/2011 Item 16.A.24.
n COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A,24.
Item Summary: Recommendation to award Request for Proposal (RFP) 11 -5621 for
Design Services for lmprovements at the Collier Area Transit (CAT) Administration and -
Operations Facility at 8300 Radio Load, to Atkins North America, Inc., and to authorize the
Chairman to executethe attached contract in the amount of $$02,451.20.
Meeting Date :, 9/13/2011
Prepared ;By, .
Name: OteroBrandy
Title: Project Manager, Associate,Transportation Engineer
8/24/20114:32:29 PM
Submitted by
�1
Title: Project Manager, Associate,Transportation Engineer
Name: OteroBrandy
8/14/20114:32:31 PM
Approved By
Name: CarterGlama
Title: Manager - Public Transit,Altemative Transportation Modes
Date: 8/26/2011 10:34 :57 AM
Name: SotoCaroline
Title: Management /Budget Analyst Transportation Adrninistr
Date: 8/26/2011 10:40:12 AM
Name: ArnoldMichelle
Title: Director - A'
it Transportation Modes,Alternative Tr
Date: 8/26/2011 11:24 :46 AM
Name: BetancurNatali
Title: Executive Secretaay,Transportation Engineering& C
Date: 8/26/20112:41:12 PM
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9/13/2011 Item 16.A.24.
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 8/30/201110:26:22 AM
Name: CarnellSteve
Title: Director - PurcWing/General Services,Purchasing
Date: 8/30/20115-07:01 PM,
Name; TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/31/20117:08:41 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 8/31/2011 1:29:59 PM
Name: OberrathKaren
Date: 8/31/20112:37:41 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business.Management & Budget Office
Date: 8/31/20114:36-17 PM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 9/1/2011 9:02:00 AM
Name: Klatzkow3eff
Tithe: County Attorney,
Date: 9/1/2011 1:40:14 PM
Name: StanleyTherese
Tithe: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 9/2/20113:57:20 PM
Name: Klatzkow7eff
Title: County Attorney,
Date: 9/6/20113:18:58 Plvl
Name: IsacksonMark
Title: Director -Corp Financial and Mgtmt Svs,CMO
Date: 9/6/20114:10:29 PM
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11 �
9/13/2011 Item 16.A.24.
Contract #11 -6621
Design Services for Collier Area Transit Passenger Transfer Facility
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
2011, by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and
Atkins North America, Inc., authorized to do business in the State of Florida, whose business
address is 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida 33607 (hereinafter
referred to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design Consulting services
of the CONSULTANT concerning Design Services for Collier Area Transit Passenger
Transfer Facility (hereinafter referred to as the "Project "), said services being more fully
described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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9/13/2011 Item 16.A.24.
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all
phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Nathan West a qualified licensed professional to serve as the
CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The
Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with
respect to directing, coordinating and administering all aspects of the services to be provided
and performed under this Agreement. Further, the Project Coordinator has full authority to bind
and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
satisfactorily manage the services to be provided and performed by the CONSULTANT
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hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project
without OWNER'S prior written approval, and if so removed must be immediately replaced with
a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including the Florida Building Code where
applicable, which regulate or have jurisdiction over the Project or the services to be provided
and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S
approval of the design documents in no way relieves CONSULTANT of its obligation to deliver
complete and accurate documents necessary for successful construction of the Project.
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9/13/2011 Item 16.A.24.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
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9/13/2011 Item 16.A.24.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
n.
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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9/13/2011 Item 16.A.24.
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNERSs office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager'). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
�-. respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
n the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
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(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints, '~
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
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commencement of such delay, stating the specific cause or causes thereof, or be deemed to
I"' have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
,-"%, shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
n performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
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deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
n
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
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9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self- insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
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Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
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codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
,*-'N cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred 11�N
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
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13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
n or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
^. was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
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ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Stephen Y. Carnell, Purchasing /General Services Director
Fax: 239 - 732 -0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Atkins North America, Inc.
1514 Broadway, Suite 203 Fort Myers, Florida 33901
Telephone: 239 - 334 -7275
Attn: Nathan West
Email: Nathan West @atkinsglobal.com
Facsimile: 239 - 334 -7277
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
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17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
,'*%, 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
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Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
Exhibit A GRANTING AGENCY REQUIREMENTS
Exhibit B GRANTING AGENCY FORMS
RFP #11 -5621 TERMS AND CONDITIONS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
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determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
�. mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
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required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seg. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately. 11-11
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for 11 -5621 Design Services for Collier Area Transit Passenger Transfer
Facility the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
Scott Teach
Deputy County Attorney
Witness
Witness
Atkins North America, Inc.
Typed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
SECTION 1: BACKGROUND AND PROJECT DESCRIPTION
COLLIER AREA TRANSIT (CAT) is interested the redevelopment of a County -owned transit site
located at 8300 Radio Road. Proposed design elements will include enlarging the size of the
second floor by extending it out over the existing, first floor, high ceiling area, addition of an
elevator in the main building, addition of a secure lock box drop location for transit farebox,
additional site access (egress from site), the addition of a passenger transfer area, including
passenger canopies and sawtooth bays for buses, additional passenger parking, bus parking,
bus circulation patterns, addition of an electric gate with security features, addition of bus wash
down facility with rinse water collection and treatment system, addition of a fueling station,
addition of a wooden deck and boardwalk (to provide future pedestrian access to back parking
lot), improvement of existing (or addition of new) water retention areas, and addition of ADA
compliant passenger restrooms.
The transit site serves as an administrative center, maintenance facility, and as a secondary
transfer center. The transfer facility will function as a gathering point for public transportation
services, including local bus, express bus, and the potential for alternative transportation modes
for passengers. The site will include sheltered boarding platforms and enclosed waiting areas
for passengers, transportation offices, ticket purchasing areas, and passenger amenities such
as restrooms, telephones, ATM's, and information kiosks. It is vital that safety, efficiency, and
security of operations are considered during the design of the transit site.
1.2 PROJECT HISTORY
The facility is located on the south side of Radio Road, east of Santa Barbara Boulevard within
the Gallman Olds Dealership Planned Unit Development (PUD). On March 23, 2010, Collier
County was granted a conditional use which allowed CAT to utilize the site as a secondary
transfer center. Collier County resolution 2010 -70 authorizing the conditional use is attached for
reference. All conditions must be considered and followed during design of the improvements.
Collier County has commissioned an environmental assessment for the future development of
the site. The environmental assessment will evaluate the impacts and feasibility of developing
the site as documented in the attached conceptual site plan. Any recommendations for
remediation from the environmental assessment shall be considered and designed as part of
this project. During the design and construction there will be no modification to the conditional
use permit included in this contract
1.3 PROJECT OBJECTIVES & DESCRIPTION
COLLIER AREA TRANSIT (CAT) through the Alternative Transportation Modes (ATM)
Department is requesting the CONSULTANT for preparation of detailed engineering and
architectural plans for the Redevelopment of the Transit Site at 8300 Radio Road. Key
objectives of the project include:
A noteworthy design of the Main building (transfer facility and administrative functions)
and boarding platforms that visually acknowledges that the facility is "green ", and
incorporates the surrounding architecture while creating a vibrant and urban sense of
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place. In addition, the design shall be consistent with the architectural theme present at
the Intermodal Transfer Center at the Government Center.
All aspects of this project will radiate efficiency, sustainability, and social and
• environmental responsibility, resulting in an environmentally sensitive and high
performing building that will try to achieve a high level of the Leadership in Energy and
Environmental Design (LEED) Certification if possible given financial, structural and
permitting constraints for the existing building and site.
• The project will be a prominent representation of Collier County's commitment to
alternative transportation. The facility's design will boldly symbolize this sustainable
commitment to public transportation.
• The facility shall be designed so that it can be operated and maintained throughout its
useful life in a manner that gives public transportation a positive and strong image in the
community.
• The development of the plan should deal with the interrelationship between the
secondary transfer station facility and the administrative and maintenance uses. The
design should consider the safety and security of passengers as well as the security of
the administrative operations.
• The project shall consider and minimize lighting and noise impacts to neighbors.
• The project shall be highly responsive to the passenger and their needs, comfort and
safety.
• The project shall consider the most efficient use of the property.
The project can be defined as a centrally located facility which functions as a secondary transfer
point for public transportation services, administrative center, and maintenance center. The
transfer station will potentially include local bus, express bus, bicycle, and the future possibility
of alternative transportation modes for passengers. The project will allow the convenient, safe
and efficient transfer of passengers from one vehicle to another, and will provide enhanced
pedestrian access. The design of the facility shall include the following elements:
• The addition of a passenger transfer area including ticket booth, automated teller
machines (ATMs), information kiosk, passenger canopies and sawtooth bays for buses,
additional passenger parking, bus parking (bus circulation patterns must be considered
and identified as part of the design project);
• Enlarging the size of the second floor area of the main building to allow for better visibility
of the transfer activity proposed for the front of the property;
• The addition of an elevator in the main building;
• The addition of ADA accessible passenger restrooms;
• The addition of a secure lock box drop location for transit fareboxes;
• Additional site access (addition of egress access on Radio Road that is already ready
approved under the approved conditional use permit);
r-�
• Upgrade of current perimeter sidewalks to meet ADA compliance;
• Resurfacing the existing paved area;
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• Renovation of rear building to convert storage area to an area that can be utilized by
Fleet Maintenance (this will be an expansion to the current area that Fleet occupies, and
design should include accommodating buses entering and exiting the building for repair). ^
The current site plan shows potential bus circulation through the storage and
maintenance building; circulation patterns will need to be considered during design of
improvements.
• Addition of a bus wash down facility to include a rinse water collection and treatment
system that will comply with all current state and federal regulations (or other system for
remediation as recommended by the environmental assessment currently being
conducted);
• Addition of a wooden deck and boardwalk as identified in the attached conceptual site
plan to provide future pedestrian access to the rear parking area;
• The addition of parking spaces and bus storage area on the southern portion of the
property (as proposed in the attached conceptual site plan);
• Addition of a permanent fueling station;
• Moving the existing fence and gate to the rear of the main building (should include
electric gates with entry pads at entrance and exit) to provide additional security for lock
box drop location;
• Addition of an electric gate with entry pad (for security purposes) at the rear of the
property; Addition or improvement of existing water retention area (This should consider
and include any improvements needed to treat runoff from bus washing station and
fueling station); and
• Compliance with the latest revised Collier county Vertical Standards and Collier County
Information Technology Standards.
1.4 SUSTAINABILITY
While any type of environmentally sound innovative building technology may be proposed,
COLLIER AREA TRANSIT (CAT) is particularly interested in technologies that address the
following where financially feasible:
• Ecological site design: on -site erosion control, water purification /pollution reduction, and
stormwater management (bioswales, ecoroofs, stormwater filtration, pervious pavements,
etc.).
• Waste reduction: building reuse, job site recycling, and efficient use of materials.
• On -site management of sewage and organic wastes, such as graywater systems and
biological wastewater treatment.
• Energy efficiency: efficient thermal envelopes, efficient space and water heating, lighting,
controls and monitoring, and appliances.
• Renewable energy: photovoltaics, geothermal pumps, wind turbines, microturbines, and
fuel cells.
• Water efficiency, both domestic and irrigation, including rainwater harvesting for irrigation
and toilet flushing.
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• Materials and resources: durable building envelopes and long -lived materials or
assemblies, recycled- content materials, FSC- certified woods, safer less toxic materials,
n such as alternatives to CCA- treated wood, innovative application of natural materials
(characterized by low embodied energy, local availability, good performance,
biodegradable, safe, esthetic) such as straw, earth, and other composites.
• Indoor environmental quality, pollution reduction, worker and occupant safety, air
cleaning, humidity control and thermal comfort.
• Operations and maintenance: resource - efficient building operations practices, monitoring
of energy, water, waste, and indoor and outdoor air quality. The design will be required to
identify solutions for noise abatement in the main building.
Collier County contracted with Tindale- Oliver & Associates to prepare a technical memorandum
documenting the potential green recommendations and strategies that may be feasible during
the implementation process. This report is attached to the scope for reference.
1.5 PROJECT START UP AND COMPLETION
This project may be subject to strict time deadlines or detailed reporting requirements as defined
by federal funding regulations. Proposers must assume responsibility for complying with these
types of requirements.
SECTION 2: STATEMENT OF WORK
2.1 GENERAL
The goal of this project is to develop the overall the project while considering the overall
efficiency of the project and functions within context of a transit station. The design of the overall
complex and particularly the Station itself needs to be functional and aesthetically noteworthy;
noteworthy from the perspective that the Station building will represent a strong statement to the
community, not only about the development but COLLIER AREA TRANSIT (CAT) as well. The
design should be consistent with the architectural theme present at the Intermodal Transfer
Station at the Government Center. This project will become a secondary catalyst for continued
expansion of the COLLIER AREA TRANSIT (CAT) public transportation system.
The funding for design and construction of the project has partially been secured through
Federal Transit Administration (FTA) Section 5307 and Section 5309 funding. It is COLLIER
AREA TRANSIT (CAT)'s intention to complete the design and commence construction in as
expeditious a manner as funding, and regulatory approvals will allow. Depending upon the type
of additional funding acquired, the chosen firm will need to comply with any necessary federal
reporting; including, if necessary, progress reports on attaining specific project milestones and
the number of primary and secondary jobs created as a result of this work. The design shall
comply with all codes and regulations including but not limited to the Collier County Land
Development Code, including Section 5.05.08 "Architectural and Site Design Standards ", Florida
Building Codes or Collier County building codes (where any provision of federal, state, or county
codes or laws conflicts the most restrictive shall govern unless otherwise regulated by law), the
Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways, State of Florida, 1994 Edition (Green Book); and the Manual on Uniform Traffic
^ Control Devices, 1988 Edition.
2.2 SUSTAINABLE INTERMODAL TRANSIT STATION REQUIREMENTS
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Transit Site:
The site shall be designed to include an additional site access (addition of egress access) onto
Radio Road. In addition, bus and employee parking and bus circulation patterns should be
considered and designed. A bus wash down facility with rinse water collection and treatment
system, fuel island, water retention area, and wooden deck and boardwalk shall be incorporated
into the redevelopment of the site. The existing fence and gates (2 electric gates with entry
pads) will need to be moved to the rear of the main building to provide additional security for lock
box drop location. A second fence and gate (electric gate with entry pad) will need to be added
to the rear of the property. Resurfacing of the existing paved area may be necessary.
Transfer Area:
The Transfer area will include bus platforms that will allow at least four (4) CAT buses to stage
at one time (off of public streets). Platform areas should be lit and covered to shelter patrons
from rain and sun. Lighting impacts to neighbors must be considered and minimized to the
fullest extent possible. In addition, it is anticipated that a fully enclosed passenger waiting area
will be designed into the facility in close proximity to the buses. This area should incorporate
some type of heating & cooling systems for the comfort of waiting passengers. Other
conveniences such as phones, vending machines and newspaper racks would also be provided
as well as information kiosks that give route and schedule information to customers.
Transfer Building:
The existing building currently houses a number of administrative functions for COLLIER AREA
TRANSIT (CAT) including office space, meeting room(s), space for customer service functions,
as well as ticket and information counters. Passenger amenities such as restrooms and
telephones should be provided. The second floor shall be extended over the existing front lobby
to provide for additional office space and to provide for monitoring of the proposed Transfer
activity. If this is not cost feasible, an alternative for noise abatement shall be proposed. An
elevator shall be added to provide for access to the second floor. In addition, a secure lock box
drop location shall be designed and added at the rear of the building for the deposit of fareboxes
and revenue collected.
Technology:
It is anticipated that numerous passenger amenities involving emerging technologies will be
implemented in the Transfer Station. Real -Time Schedule information displays, passenger
information kiosks, automatic fare vending machines, etc. must all be able to be accommodated
by the facility design.
Vehicle Maintenance Facility:
A portion of the building to the rear of the property is currently being utilized for vehicle
maintenance and the other bays are being used as miscellaneous storage. The area being
used for storage will be improved to serve as expanded vehicle maintenance facility. The roof
may need to be raised to allow for larger bay doors to accommodate buses. The traffic pattern
on the site may move through the western end of the building so that the buses can access the
fueling island and future bus wash building.
PUD commitments:
In addition to the Conditional Use (CU) resolution, the following PUD commitment must be met:
The well site easement requested under the CU application is shown on the resolution site Plan.
10,000 sq ft well site easement as depicted on plan resolution 2010 -70. The SDPA should
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provide an easement area for the well site for subsequent conveyance to the Collier County
Water -Sewer District as discussed in the SDPA pre - application meeting.
2.3 TASK DESCRIPTIONS
Task P - Preliminary Project Efforts
P.1 One (1) Kickoff Meeting
P.2 Prepare Draft Design /Construction Phasing Plan
Draft Priority:
1. Coordination of Design for accommodation of Drop Box Location /ITS
Project w/ Glama Carter.
2. Bus Bays Design /Site Improvements for Transfers at Front of Site
3. Exterior /Interior /Restrooms /Gate Improvements
4. Fuel Island /Bus Wash
5. Bus Site Parking
6. Modifications to Maintenance Building (Garage Door /Parts Mezzanine)
7. Addition of Mezzanine to 2nd Level of Main Building
P.3 Prepare Draft LEEDS Certification /Green Plan for Site
i-� PA One (1) Design Meeting to Review Draft Plans
P.5 Respond to Comments from Review and Provide Final Plan
CONSULTANT will also begin all necessary preliminary data collection, including boundary,
topographic survey, as well as all necessary past permits, design /structural plans.
Task 1 - Programming / Design Charrette Meetings
Objective: To review and evaluate the functional requirements as input into the design
process which will ensure a facility which responds to the needs of CAT and that
the functional requirements, including circulation and proximity relationships, are
appropriately addressed in the Conceptual Design.
V09MV=1 f Ti +M
1.1 Questionnaires
• Develop interview questionnaires to be used during programming sessions with CAT staff
and email to Atkins for distribution to key CAT staff.
1.2 Programming Interviews/ Data Collection
• Attend Initial Kick -off Meeting
• Tour existing facilities in order to gain an understanding of current operating philosophies
and conditions
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• Review existing building plans and existing area take -offs of building and site
(prepared /provided by Atkins prior to meeting)
• Conduct programming interviews with key CAT staff to review responses to questionnaires
and stimulate dialogue relating to staff, and vehicle projections, office, shop, and storage
space requirements, as well as general operating practices.
• Review requirements for vehicle repair bays and associated shops.
• Review requirements for workshops and material storage areas.
• Review support facilities requirements including offices, restrooms, lunchrooms, and locker
areas.
• Review building and yard storage requirements for equipment, parts, and materials.
• Review requirements for vehicle storage, parking, washing and fueling.
• Review site and building security requirements.
1.3 Space Needs Program
• Address functional areas to be located at the facility.
• Develop space program requirements for the facility based on information and projections
developed as part of the data collection effort.
• Establish space standards for offices, repair bays, and support spaces.
• Determine number and size of various workstations.
• Determine number of repair bays based on industry standards and CAT - specific factors.
• Determine shop area requirements based on function and operational needs.
• Determine storage requirements for parts, materials, and equipment.
• Determine parking requirements for employee, visitor, and delivery vehicles.
• Identify clearance requirements throughout the project.
• Establish net to gross factors for each functional area of the facility.
1.4 Program Summary
• Provide a Space Needs Program summary that documents the program for the facility.
• Program will be developed following the interviews and reviewed with key CAT staff on the
following day. The report includes:
✓ Space Needs Program - Presents a detailed listing of space requirements for all the
stakeholders on the site. The intent of the program is to identify program spaces to fulfill
the current and future facility needs. Programmed spaces are further defined by their
quantity, area, and any remarks significant to design.
5 Site Master/ Conceptual Design Plan Charrette
Participate in a three day on -site design charrette working directly with the Design Team and
CAT to develop a selected master plan and conceptual design for site configuration, general
building design and to develop specific conceptual building floor plans. Review Master Plan
and Conceptual Design with CAT staff and select option for implementation.
Site issues addressed will include:
✓ Developing circulation patterns for vehicles, materials and personnel that will provide the
most efficient, cost effective, and safest maintenance operation.
✓ Developing ingress and egress routes, which maximize safety and security and minimize
vehicular and pedestrian conflict on and off the site.
✓ Establishing site area relationships including administration, operations, and maintenance
facilities and CAT, employee, delivery, and visitor parking.
Facility issues addressed will include:
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• Developing circulation patterns for equipment, materials, and personnel within the
buildings and their relation to site circulation patterns.
✓ Establishing functional area relationships both between departments and between
workstations within department. Primary considerations to be industrial workflow,
supervision and safety.
• Reviewing architectural design for functional response to program and adherence to
approved maintenance concept.
6 Equipment Programming
Inventory existing shop equipment, by functional area, which will be relocated to the addition
to the facility. Include description, quantity, manufacturer, model number, and utility
requirements.
1.7 Probable Equipment Costs Estimate
• Provide an estimate of equipment costs based on the conceptual floor plans and key
planning issues identified in previous tasks. CONSULTANT will assist the cost estimator to
include equipment pricing and process piping costs in the construction costs of the facility
8 Draft Design Architectural /Site Concepts from
CONSULTANT to prepare draft designs of architectural and site concepts from results of
design charette Meetings
Deliverables:
Programming Questionnaires (delivered electronically via PDF)
• Preliminary Space Needs Program (delivered electronically via PDF)
• Hand drawn optional site and building plans
• Estimate of Probable Costs
Estimated Travel:
• Two people for two days to attend kick off meeting, conduct program interviews, and
inventory existing equipment.
• Two people for three days to conduct on -site design charrette.
Part 2 Preliminary Architectural Design /Site Engineering
Objective: To ensure that the functional requirements, including circulation and proximity
relationships, are appropriately addressed in the Schematic Design.
Work Elements:
Equipment Programming
• Participate in equipment discussion meeting with CAT to identify, by functional area,
maintenance and service equipment needed to support maintenance activities. Maintenance
equipment includes storage equipment, shop equipment, wash equipment, vehicle exhaust
systems, lifts, and cranes. Service equipment includes compressed air system components
(i.e., compressor, dryer, hose reels, filter /regulator /lubricator) and lubrication system
components (i.e., pumps, tanks, hose reels). Identify quantities required, dimensions, and
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impact on other design team disciplines. Work related to fuel system equipment (i.e. storage
tanks, monitoring systems, pumps, dispensers), underground lubrication fluids storage and
Veeder Root underground leak detection systems will be accomplished by others. The
existing facility currently has service equipment systems in place. This proposal assumes
that these existing systems will remain in place and that new maintenance bay addition(s)
will be served by an in -kind extension from these existing systems into the newly renovated
bays.
Develop preliminary equipment list for new addition areas to be consistent with equipment
layout drawings and facility design. Equipment to be listed by functional area within each
department, alphabetically by description and numerically by equipment identifier.
Equipment list includes information regarding description, quantity, price, dimensions,,
procurement strategies, specification responsibility, and discipline coordination matrix
Equipment Manual
• Assemble cut sheets on maintenance and service equipment to be specified by
CONSULTANT (approximately 20 items), including a lift and alignment rack to be located in
one of the existing bays.
Equipment Layout Drawings
• Develop initial maintenance equipment layout drawings on CAD background provided by
Atkins, which provide an efficient, cost effective, safe industrial workflow through the facility.
Include workstation layouts and materials handling storeroom layouts.
Facilities
• Assist in the coordination of operational and equipment related functional requirements for
building systems and components including architectural, structural, mechanical, electrical,
plumbing, and human engineering.
• Review architectural /engineering design for functional response to program equipment and
code requirements.
Deliverables:
• Preliminary Equipment List (including existing equipment)
• Equipment Manual, including Equipment Cutsheets
• Equipment Cost Estimate
• Preliminary Equipment Layout Drawings
Estimated Travel:
• Team and CAT review meetings to occur via conference call to minimize travel expenses.
Task 2.1: Review of Conceptual Site Plan
The focus of this task is to review the conceptual site plan and assess the constructability.
During this phase, bus distribution and patron allocation will be critical factors in determining the
needs of the facility.
Task 2.2: Concept Drawings
A concept drawing specific to the proposed site plan will be prepared and advanced to the
County for review. Once the drawing is approved by COLLIER AREA TRANSIT (CAT) staff, it
will serve as the basis for the next phase of the project (0 percent - 30 percent) plans.
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This task is to provide and participate in assistance /services to COLLIER AREA TRANSIT
(CAT) during the course of the design effort, which may involve coordination with various
n federal, state, county or local authorities. The consultant will be looked upon to provide services
including but not limited to:
CONSULTANT will prepare for and attend one (1) public meeting providing support to COLLIER
COUNTY staff for needed materials for execution of public meeting.
CONSULTANT will prepare and attend (2) Board of County Commissioner Meetings.
For three (3) meetings identified above the CONSULTANT will be responsible for the
submission of renderings and other presentation materials suitable to illustrate the proposed
project. The Consultant should be prepared to inform attendees of said meetings of the work to
be performed using media, meetings, flyers, etc., or as COLLIER AREA TRANSIT (CAT) deems
necessary.
Deliverables: Provide five (5) copies of all draft and final reports and response documents. Also,
provide one electronic copy of the document.
Task 2.3: Review & Revision
The Design Team shall assist COLLIER AREA TRANSIT (CAT) with the identification of,
application for and obtainment of all necessary plan reviews, approvals and permits as required
and as they apply to all phases of the project.
At a minimum, monthly review sessions will take place in addition to a written report to allow
COLLIER AREA TRANSIT (CAT) to check progress throughout the concept and design
process.
Following the submittal of deliverables under Task 1.2, COLLIER AREA TRANSIT (CAT) will
provide the Design Team with a written summary of comments /suggested revisions. The Design
Team will be required to revise the deliverables and drawings based on these revisions as well
as provide documentation that each revision has been considered. It should be assumed that
this "one -round of revisions" approach will be employed following the submittal of all documents
and drawings throughout the entire design phase.
Task 2.4: 30 Percent Design
On the basis of decisions made in the previous tasks, the consultant shall prepare
Preliminary Design Documents to 30 percent design. The Preliminary Design Documents
shall fix and describe the size and design character of the project as to its architectural,
structural, mechanical, plumbing, communication and electrical systems, equipment,
schedules and other essentials as appropriate, and should represent approximately 30
percent complete design with any sustainability recommendations that have been approved
from the Approved LEED Certification /Green Plan. The Preliminary Design Documents,
Specifications, Schedules and associated documents shall include at least the following
information:
Conceptual design criteria, to establish required levels of performance, configuration and
quality for all programming and system elements.
• Develop equipment lists that include preliminary cost estimates.
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• Specific functional requirements and spatial relationships for all program elements
including Voice and Data Communication systems, Building Automation systems,
Security systems, and furniture programming and layout
• Support preliminary design decisions by analysis, evaluations and studies, consistent
with acceptable engineering and design practices.
• Specific design requirements needed for project approval by permitting authorities
• Plan of Development (POD).
• Quality assurance procedures to ensure coordination interface and consistency between
the design /engineering disciplines. Implement environmental sustainability concepts as
demonstrated through The Leadership in Energy and Environmental Design (LEED).
• Design of offsite utility services, traffic and street improvements, and control devices.
• All necessary permits, utility clearances, and other authorizations. Interagency
coordination /Public involvement process.
• Project cost estimate (30 percent).
• Layout of project elements to a suitable level for initiating final design phase.
Task 2.5: Interagency Coordination /Public Process
• CONSULTANT will be in attendance and provide assistance at select COLLIER AREA
TRANSIT (CAT) meetings and events, in accordance with environmental or community
information programs. Record and prepare minutes of all meetings. The consultant will be
required to prepare for and attend a minimum of one public meeting after conceptual plans
are developed.
• The identification of, application for and obtainment of all necessary plan reviews, approvals
and permits as required and as they apply to all phases of the project, including but not
limited to the Site Development Plan Amendment (SDPA), Environmental Resource Permit
(ERP,) Collier County Right of Way (ROW) permit, and any and all required building permits.
Deliverables: The Preliminary Design Drawings, Specifications, Schedules and associated
documents shall be submitted in ten (10) copies, with eight (8) half - scale, one (1) half -scale
reproducible, and one (1) full size set of plans, to COLLIER AREA TRANSIT (CAT) for
review and comment. Submittals shall include, but not be limited to the following:
• Cover sheet
• Index of drawings
• Site drawings
• Utility distribution systems
• Plans, elevations, sections and other details pertinent to feature designs
• Utility plans /lighting plans
• Design analysis, separately bound and labeled and sufficiently complete to permit review
of:
• Structural analysis
• Mechanical analysis with line diagrams
• Electrical analysis with line diagrams
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✓ Special features /systems (e.g., seating, graphics, communications, corrosion
prevention, storm sewer, sanitary sewer, etc.)
n ✓ Building and site security (video /camera)
✓ Building Automation
✓ Building Security
✓ Voice and Data
• Technical Specifications /equipment lists and evaluation.
• Statement of Estimated Construction Costs in sufficient detail (quantity take -offs) to
permit evaluation.
Due to the many differing requirements of COLLIER AREA TRANSIT (CAT) and external
interested parties for review of specific elements of the project, it will be necessary to
reproduce the design documents. This will require their enlargement, downsizing,
modification, and display without certain elements or with emphasis on certain elements.
Task 3 - Final Design (60 Percent —100 Percent), Bid Phase Services; Construction Phase
Services; Commissioning and Project Close- out/Warranty
Objective: To ensure that the requirements for maintenance operations and equipment are
appropriately addressed in Design Development.
Work Elements:
Equipment Review Meeting
Conduct an equipment review meeting with CAT staff to discuss the Preliminary Equipment
List, Cutsheets and Preliminary Equipment Layout drawings to ensure that all equipment
requirements have been addressed.
Equipment Manual - Updates 1 and 2
• Update equipment list to be consistent with equipment layouts, review comments, and facility
design.
• Update equipment cost estimate.
• Update cut sheets on maintenance and service equipment, as necessary.
• Develop a discipline coordination matrix to assure coordination of CONSULTANT specified
equipment requirements with architectural, structural, mechanical, plumbing, and electrical
disciplines.
Equipment Layout Drawings
• Refine maintenance equipment layout drawings, based on comments from the review
meeting with CAT staff.
• Develop Discipline Coordination drawing(s) based on information developed with CAT.
These will be drawn on a separate level on the equipment layout drawing and will include
locations of air, electrical, and water outlets not required for equipment; vehicle exhaust
system outlets; drains; special grating; and overhead door controls.
Service Equipment Drawings
Develop initial service equipment layout drawings, which provide schematic piping routes
from existing systems in existing building to service equipment in new bays for compressed
air piping system and bulk fluid piping system.
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Equipment Specifications
• Develop draft specifications for approximately 20 maintenance and service equipment items.
Coordinate with architectural /engineering specifications. These draft specifications are to be
reviewed by the various design team disciplines during the construction document phase to
ensure coordination between equipment and utility requirements. Note: The following items
are not included as maintenance and service equipment items and should be addressed by
others: fuel system components (i.e., storage tanks, monitoring systems, pumps,
dispensers) and underground lubrication fluid storage tanks (and related underground piping
and monitoring systems).
Facilities
• Coordinate operational and equipment related functional requirements for building systems
and components including architectural, structural, mechanical, electrical, plumbing, and
human engineering.
• Review architectural /engineering design for functional response to program equipment and
code requirements.
Deliverables:
• Maintenance Equipment Layout Drawings
• Service Equipment Drawings
• Discipline Coordination Drawings
• Updated Equipment Lists
• Discipline Coordination Schedule
• Specification Letter and Draft Specifications
• Design Development package review comments
Estimated Travel:
• One person for one day to review equipment list and equipment layout drawings with CAT
and participate in one Design Team coordination meeting.
• Additional team meetings will be attended via conference call.
Task 3.1— 60 Percent Design
At 60 percent complete architectural engineering design; the consultant shall prepare the
following, but not limited to, for the 60 percent complete review:
• Site plans at 1" = 30', which shows all elements of construction layouts, grades and
elevations.
• Construction staging and execution plans, as necessary, to execute the construction
work as agreed to by COLLIER AREA TRANSIT (CAT) and regulatory review agencies.
• Elevations and sections, as necessary, to show layout and configuration of all
construction elements.
• Typical sections as necessary.
• Electrical plans showing diagrams, load protection, typical lighting fixtures, specialized
electrical systems, and other electrical equipment.
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• Composite plumbing plan combining all sector drawings into one floor plan showing all
potable water distribution piping, all storm, sanitary and industrial drainage.
A* N • Structural plans, elevations, and sections as necessary.
• Mechanical plans, elevations, sections as necessary, including any specialized systems.
• Landscaping plans.
• Signage plans (interior and exterior)
• Structural, mechanical, electrical and /or any other calculations or analysis used for the 60
percent design /engineering documents.
• Construction costs estimate, with quantified items for each type of work.
• Preliminary Construction Schedule.
• Draft technical Specifications in Construction Specifications Institute (CSI) format, and
special provisions including construction staging and execution practices from Task I.
• Leadership in Energy and Environmental Design (LEED) Certification Checklist.
Task 3.2 — Client Review
The consultant will: advance the approved Preliminary Design, including all
recommendations through 60 percent, 90 percent and 100 percent complete design and
engineering, and will prepare detailed construction bid documents, including plans,
specifications and cost estimates, for all construction work necessary; prepare construction
phasing schedule /work plan; and coordinate phasing plan with final funding plan. The
consultant will also conduct any remaining engineering technical study tasks needed prior to
commencing final design.
Monthly review sessions will take place to allow the Collier Area Transit (CAT) staff to check
progress of the design. These meetings will be in addition to reviews at the preliminary, 60
percent, 90 percent and 100 percent design levels. Time should be budgeted by the
consultant and any necessary sub - consultants accordingly.
Task 3.3: 90 Percent Complete Architectural /Civil Site plans
Objective: To ensure that the functional and equipment requirements are appropriately
addressed in the Contract Documents.
Work Elements:
Equipment Layout Drawings
• Review layout drawings and equipment list with CAT.
• Refine maintenance equipment layout drawings. All functional areas identified in the
equipment list to be included. Provide equipment detail drawings and notes.
• Refine Discipline Coordination drawing(s) based on comments received from CAT.
Service Equipment Drawings
• Refine service equipment layout drawings and provide service equipment detail drawings.
Provide piping schedules and notes.
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Signage and Striping Drawings
• Prepare functional and safety signage, graphics, and striping drawings specifically in the new
addition areas of the Maintenance Building. CONSULTANT will coordinate with the Atkins
and CAT on the signage locations and design of the signs.
• Determine the location and type of functional and safety sign required for each area
based on the safety related issues relevant for that area.
• Develop drawings that indicate, through the use of a detailed schedule and numbered
designations on the drawings, both location and type of sign.
• Indicate the location of safety related floor striping. These areas typically designate walk
areas through work zones and specific safety areas around equipment
• Indicate the location of functional related floor striping such as vehicle pull -in striping and
vehicle back -in striping required to successfully position vehicles on lifts and in bays and
lanes.
• Provide details on type of striping paint, size and stripe, type, and other related details.
Equipment Manual - Update 3
• Update equipment list to be consistent with equipment layouts and facility design.
• Develop final cost estimate for equipment.
Equipment Specifications
• Finalize specifications for approximately 20 maintenance and service equipment items.
Facilities
• Coordinate operational and equipment related functional requirements for building systems
and components including architectural, structural, mechanical, electrical, plumbing, and
human engineering.
• Review architectural /engineering design for functional response to program equipment.
Quality Assurance
• Review equipment layout drawings and specifications to be performed by an CONSULTANT
project manager not assigned to the project. Drawings and specification to be reviewed for
quality and accuracy.
Deliverables:
• Final Equipment Layout Drawings.
• Final Service Equipment Drawings.
• Final Signage and Striping Drawings.
• Final Equipment List and Cost Estimate.
• Final Equipment Specifications.
• Construction Documents package review comments.
Estimated Travel:
• One person for one day to participate in Design Team coordination meeting.
• Additional team meetings will be attended via conference call.
The consultant shall prepare Final Architectural Design /Engineering documents. Final .-.
Design Documents shall be submitted to COLLIER AREA TRANSIT (CAT) for approval.
Final drawings and Specifications shall set forth in detail the requirements for the
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construction of the entire project, including necessary bidding information. The consultant
shall also prepare the complete bid package. The final design shall include, but not be
limited to the following:
• Title sheet with key and location plans in sufficient detail and clarity indicating the
surrounding area. Vicinity map if required.
• Site plans, including contours at one (1) foot intervals in elevation, property and easement
lines, benchmarks, structures, buildings, pavement types and limits, parking requirements,
drainage, utilities, and other features which define the existing site, the proposed
construction, and final configuration. The plan and profile of underground utilities and invert
elevations of storm drains, if any, shall be shown.
• Plans, profiles, sections and typical sections necessary to define the site work.
• Details of all site work.
• Architectural, electrical, mechanical, drainage, landscaping, signage, structural, voice and
data, security /access control, and building automation plans (as required).
• Demolition plans (as required).
• Technical Specifications using CSI format.
• Preparation of special provisions, as required.
• An estimate of quantities and final cost estimate, including unit prices where appropriate,
along with documentation of analysis used to establish unit and lump sum prices.
• Utility agreements, plans, and evidence of coordination with utility facilities affected by the
project.
• Bidders' proposal forms by discipline, including quantities where appropriate.
• Construction staging plan and temporary signage plans as required for each stage of
construction.
A summary of all criteria used in the design, including loads (dead, live, wind, seismic,
impact or other loads as appropriate), material grades, codes and assumptions, in a format
which is appropriate for use by reviewing parties, including Federal Transit Administration
(FTA), state, and city /county agencies.
At the 90 percent design stage, ALL PLANS AND SPECIFICATIONS MUST BE
COMPLETE; no missing drawings /sections shall be allowed at this stage. The consultant
shall submit drawings and other related data as set forth above for COLLIER AREA
TRANSIT (CAT) review and approval. As part of this task, the consultant shall obtain any
and all necessary plan reviews, approvals, and permits as required by federal, state,
regional, and city /county authorities. At the 100 percent stage, consultants must abide by the
following signature procedures:
• 100 percent design /engineering drawings /specifications are defined as complete when all
regulatory agencies' and COLLIER AREA TRANSIT (CAT)'s comments are incorporated.
• The consultant shall sign and seal all drawings.
• Any sub - consultant shall sign and seal his or her own drawings.
�-e
• The consultant's logo shall appear on each drawing prepared by a sub - consultant.
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All drawings prepared for this contract shall be signed and sealed by a principal of the
firm who possesses a valid Florida Professional Engineer or Florida Registered Architect
License. /1_*-1
• The Design Team shall submit all necessary documentation to apply for and receive the
approved Leadership in Energy and Environmental Design (LEED) Certification.
Design Calculations and Diagrams: Submit complete computations and design drawings
covering all structural framing and supports such as primary framing members, bracing,
foundations, slabs and architectural finishes. All engineering calculation sheets shall be
numbered, dated, and indexed. The index sheets shall be sealed by a Professional
Engineer, licensed in Florida, who is familiar with and responsible for the design.
Construction Phasing Schedule: Coordinate Schedule with Final Funding Plan. Provide an
estimate of the time required to complete construction in the format of a cost loaded
schedule. Present the Schedule in bar graph form using days, weeks or months as
appropriate for the limit of time. This Schedule is for project control purposes only and will
not be used by any contractor. Determine from the project plan the delivery time required
for long -lead time equipment, and material. Prepare material lists for all long -lead or
COLLIER AREA TRANSIT (CAT) supplied materials, equipment, and apparatus, and submit
to COLLIER AREA TRANSIT (CAT) for approval.
Task 3.4: 100 Percent Complete Architectural /Civil Site plans
Objective: To ensure that the functional and equipment requirements are appropriately
addressed in the Contract Documents.
Work Elements:
Equipment Layout Drawings
• Review layout drawings and equipment list with CAT.
• Refine maintenance equipment layout drawings. All functional areas identified in the
equipment list to be included. Provide equipment detail drawings and notes.
• Refine Discipline Coordination drawing(s) based on comments received from CAT.
Service Equipment Drawings
• Refine service equipment layout drawings and provide service equipment detail drawings.
Provide piping schedules and notes.
Signage and Striping Drawings
• Prepare functional and safety signage, graphics, and striping drawings specifically in the new
addition areas of the Maintenance Building. CONSULTANT will coordinate with the Atkins
and CAT on the signage locations and design of the signs.
• Determine the location and type of functional and safety sign required for each area
based on the safety related issues relevant for that area.
• Develop drawings that indicate, through the use of a detailed schedule and numbered
designations on the drawings, both location and type of sign.
• Indicate the location of safety related floor striping. These areas typically designate walk
areas through work zones and specific safety areas around equipment
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✓ Indicate the location of functional related floor striping such as vehicle pull -in striping and
vehicle back -in striping required to successfully position vehicles on lifts and in bays and
n lanes.
✓ Provide details on type of striping paint, size and stripe, type, and other related details.
Equipment Manual - Update 3
• Update equipment list to be consistent with equipment layouts and facility design.
• Develop final cost estimate for equipment.
Equipment Specifications
• Finalize specifications for approximately 20 maintenance and service equipment items.
Facilities
• Coordinate operational and equipment related functional requirements for building systems
and components including architectural, structural, mechanical, electrical, plumbing, and
human engineering.
• Review architectural /engineering design for functional response to program equipment.
Quality Assurance
• Review equipment layout drawings and specifications to be performed by an CONSULTANT
project manager not assigned to the project. Drawings and specification to be reviewed for
quality and accuracy.
Deliverables:
Final Equipment Layout Drawings.
• Final Service Equipment Drawings.
• Final Signage and Striping Drawings.
• Final Equipment List and Cost Estimate.
• Final Equipment Specifications.
• Construction Documents package review comments.
Estimated Travel:
• One person for one day to participate in Design Team coordination meeting.
• Additional team meetings will be attended via conference call.
Task 3.5: Bid Phase Services
Attend a pre -bid conference. Prepare Bid Document Addenda including Contract Drawing
revisions and engineering calculations, as necessary or as requested by COLLIER AREA
TRANSIT (CAT) for COLLIER AREA TRANSIT (CAT) approval and issuance. Answer
questions asked of COLLIER AREA TRANSIT (CAT) staff by bidders during the bid period.
Bid Opening: Review lowest three contractors' bid documents for conformity with technical
requirements and completeness of response of the Bid Package and reasonableness of bid
quoted. Make written recommendation as to contract award to COLLIER AREA TRANSIT
(CAT). Conform all contract drawings to Addenda as required after award of the
construction contract. All contract drawings must be conformed within one month of the
construction bid opening date.
Task 3.6: Interagency Coordination
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Final Design: Provide assistance /services to COLLIER AREA TRANSIT (CAT) during the
course of the design effort, which may involve coordination with various federal, state, county
or local authorities. The consultant may be required to attend meetings and events, assisting
COLLIER AREA TRANSIT (CAT) in accordance with environmental or community
information programs. The consultant will be required to identify, apply for and obtain all
necessary plan reviews, approvals and permits as required, as they apply to all phases of
the project. The construction grant funds for this project shall be spent by December 31,
2013. Time will be of the essence to meet this requirement. Strict attention to schedule, a
consultant with staff familiar with local fire code and building code requirements will be
needed in order to meet this obligation.
General: The consultant shall exercise reasonable care in the preparation of contract
documents to conform to all applicable code requirements in effect at the time of issuance of
the contract documents. As previously mentioned, the approval of plans and specifications
which have been submitted to COLLIER AREA TRANSIT (CAT) is not to be construed as
authority to violate, cancel or set aside any provisions of applicable codes or this contract.
Nothing contained in the RFP or any resultant contract is intended to relieve the consultant
of responsibility for maintaining adequate supervision over design, in order to guard
COLLIER AREA TRANSIT (CAT) against deficiencies in the design work.
The consultant shall be liable to COLLIER AREA TRANSIT (CAT) for any costs incurred to
correct, modify or redesign any drawings submitted by the consultant that are found to be
defective or not in accordance with the provisions of this agreement as a result of any act,
error or omission on the part of the consultant, agents, servants or employees. The
consultant shall be given reasonable opportunity to correct any deficiencies at no additional Al—IN
cost to COLLIER AREA TRANSIT (CAT).
Deliverables:
• Design Calculations — originals and one (1) copy;
• 90 percent Design Documents — three (3) copies and one electronic copy in
Autocad *.dwg format;
• 100 percent Design Documents — three (3) copies and one electronic copy in
Autocad *.dwg format;
• 100 percent Construction Bid Packages — TBD.
Part 4 - Construction Phase Services w /Commissioning and Project Close- Out/As- Builts
Task 4.1: Construction Phase
These services are to cover the Construction of:
1. Coordination of Design for accommodation of Drop Box Location /ITS
Project w/ Glama Carter.
2. Bus Bays Design /Site Improvements for Transfers at Front of Site
3. Exterior /Interior /Restrooms /Gate Improvements
4. Fuel Island /Bus Wash
Construction Phase Services requirements for the project are defined by four subtasks:
4.1A — Response to Questions /Request for Information (RFI)
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As necessary throughout the construction period and post- construction period, the
consultant will provide the required technical expertise necessary to respond to
100� any design document related question, request for clarification, etc. This service
shall be available for issues brought forward by COLLIER AREA TRANSIT (CAT)
staff, Facilities Management staff, the prime contractor, his or her subcontractors,
or any related or impacted federal, state, county or municipal entity.
4.1 B — Construction Management/Inspection /Quality Assurance & Quality Control
TO BE COMPLETED BY COLLIER COUNTY
4.1 C — Change Order Preparation /Evaluation /Estimates
The consultant will review, analyze, and provide recommendations on contractor
requests for change and Change Orders through the review of the contractor
prepared detailed cost estimates. Cost estimates which shall include material
quantities and cost, labor quantities and all direct and indirect costs, and an
analysis of the contractor's proposal for alternate methods and materials. In
addition, the consultant will review all necessary change order documents
(designs, specifications, cost estimates, schedule analysis, etc.) as required by
COLLIER AREA TRANSIT (CAT) staff for effective change order evaluation,
negotiation and construction.
4.1 D — Shop Drawing Review and Material Approvals.
n The consultant shall review and approve all project design related shop drawings
and material submittals as designer -of- record. These reviews and approvals shall
be completed and returned no more than ten (10) working days after receipt from
the construction manager /contractor. All reviews and approvals will be coordinated
with the County Project Manager and Facility Management Department staff.
As part of the services performed under this task, the consultant or his or her
representative will be required to attend one preconstruction meeting, and at a
maximum, eight (8) project status/ and or field meetings construction activities at
up to two hours.
Task 4.2: Project Close Out
Assistance requirements for this task are defined by three subtasks:
4.2A — Test Operational Systems /Corrective Actions
Prior to accepting project, consultant is to activate and test all operational systems
including but not limited to: electrical and communication, plumbing (if provided),
active storm water systems, and mechanical (if provided) within 2 weeks of
construction completion. Establish and implement procedures to maintain and
control nonconforming work. Investigate nonconforming work and action needed to
prevent recurrence. Document and implement corrective actions.
4.213 — Final Punch List
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9/13/2011 Item 16.A.24.
The consultant will participate in the inspection and development of the final punch
list to be received by the contractor prior to final acceptance. The consultant will
provide the necessary services to qualify or not quality the project as "substantially
complete" and offer documented notification of the same.
4.2C — Final Inspection /Project Acceptance
As the designer of record, the consultant will participate in the final project
inspection following completion of punch list activities, and provide COLLIER
AREA TRANSIT (CAT) with formal written notification of project acceptance.
Task 4.3: As- Builts
Within 30 days of final completion of construction, the consultant is required to modify the
original contract drawings to reflect "as- built" conditions. The construction management
forces and /or the contractor will furnish the "as- built" information to be verified and
incorporated. Three (3) reproducible sets and three (3) sets on disk or CD -ROM of "as- built"
contract drawings will be required prior to any payment of the consultant under this task item
(2 sets in *.pdf format and 1 set in Autocad *.dwg format. As a condition of the consultant's
final project acceptance of payment under this task item, the contractor will assemble all
required equipment/systems operating and maintenance manuals as well as specific
warranty certificates, and transmit the same to COLLIER AREA TRANSIT (CAT).
5.0 Expenses
SERVICE NOT INCLUDED IN THIS SCOPE AT THIS TIME AND TO BE NEGOTIATED AS
ADDITIONAL SERVICES AS NEED AT LATER DATE
1. MODIFICATION OF CONDITIONAL USE PERMIT
2. TRAFFIC IMPACT STATEMENT
3. FDOT CONNECTION PERMIT
4. CONSTRUCTION ENGINEERING & INSPECTION SERVICES/ QUALITY
ASSURANCE /QUALITY CONTROL DURING CONSTRUCTION
5. FINAL RECORD DRAWING SURVEY
6. CONSTRUCTION INVOICE APPROVAL
END OF SCHEDULE A
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9/13/2011 Item 16.A.24.
1#01*N SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
of Brandy Otero, Associate Project Manager, 2885 South Horseshoe Drive, Naples, FL
34104.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have been
n completed to OWNER'S reasonable satisfaction.
TASKS
LUMP SUM FEE FOR:
FEE
PAYMENT SCHEDULE
P.
Preliminary Project Efforts
$ 54,746.00
Monthly Upon Percent Complete of
Task
1
Programming /Design Charette
Meetings (Overall Site)
$ 71,656.25
Monthly Upon Percent Complete of
Task
2
Preliminary Architectural
Design/Engineering Design/Engineering
$ 116,822.50
Monthly Upon Percent Complete of
Task
3
Final Design (60 Percent —100
Percent), Bid Phase Services
$ 175,762.25
Monthly Upon Percent Complete of
Task
4
Construction Phase Services
w /Commissioning and Project
Close- Out/As- Builts
$ 65,348.00
Monthly Upon Percent Complete of
Task
Subtotal for Lump Sum Fees
$484,335
5
Expenses
Not to Exceed
$ 18,116.20
Time and Material
TOTAL FEE (Total Items P -5)
$ 502,451.20
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Four hundred eighty
four thousand three hundred thirty five ($484,335) Dollars and Expenses Not to Exceed
Eighteen thousand one hundred sixteen dollars and twenty cents ($18,116.20) on a Time
and Material Basis to be paid to CONSULTANT for the performance of the Basic Services.
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B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number
of the purchase order granting approval for such services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule n
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
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maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from /to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.4.1.5 Expense of models for the County's use.
n
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
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9/13/2011 Item 16.A.24.
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR SERVICES
"Design Services for Collier Area Transit (CAT) Facility"
Tasks
p
Preliminary Project Efforts
Lump sum amount
$54,746.00
1
Programming /Design Charette Meetings (Overall Site)
Lump sum amount
$71,656.25
2
Preliminary Architectural Design /Engineering
Lump sum amount
$116,822.50
3
Final Design (60 Percent — 100 Percent), Bid Phase Services
Lump sum amount
$175,762.25
4
Construction Phase Services w /Commissioning and Project Close -
Out/As- Builts
Lump sum amount
$65,348.00
Subtotal of lump sum amount
$484,335
5
JFExpjnses
Time and Material Not to Exceed
$18,116.20
Project Total
$502,451.20
B -4
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9/13/2011 Item 16.A.24.
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Project time to begin after issuance of Notice to Proceed
Task
Description
Schedule
Calendar
Days
P
Preliminary Project Efforts
30
1
Programming/Design Charette Meetings (Overall Site)
60
2
Preliminary 'Architectural 'Design/Engineering
90
3
Final Design (60 Percent — 100 Percent), Bid Phase
Services
120
4
Construction Phase Services w /Commissioning and
Project Close- Out/As- Builts
180
5
lExpenses
0
Project
Total
480
C-1
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9/13/2011 Item 16.A.24.
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
.--�
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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9/13/2011 Item 16.A.24.
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
^. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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9/13/2011 Item 16.A.24.
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X_ $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
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9/13/2011 Item 16.A.24.
/� (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
n maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
_X General Aggregate $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
Fire Damage $ 50,000
D -4
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9/13/2011 Item 16.A.24.
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self- insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
claims.
(4) Coverage shall be included for explosion, collapse or underground property damage
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
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9/13/2011 Item 16.A.24.
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
,' 'N ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X_ $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
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9/13/2011 Item 16.A.24.
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3), The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
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9/13/2011 Item 16.A.24.
OWNER'S insurance representative, to pursue the maximum credit available from the
n professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project - specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Atkins North America, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to be
provided under the Professional Services Agreement, concerning Design Services for Collier
Area Transit Passenger Transfer Facility are accurate, complete and current as of the time of
contracting.
Atkins North America, Inc.
M
TITLE:
DO
E -1
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Nathan West
Project Manager
40%
Gary Wingo
Senior Architect
75%
Thomas Farmer
Senior Engineer
5%
Victor Diaz
Senior Engineer
10%
Jose Alvarez
Engineer
30%
Eric Palmer
Designer
30%
Lilibeth Franky
Engineer
30%
Kellie Watson
Engineer
15%
Adrienne Wisdom
Engineer
5%
Joanna Martinez
CADD /Desi ner
30%
RWA
Sub Consultant
80%
Urban Green Studio
Sub Consultant
80%
Base Consultants
Sub Consultant
60%
CONSULTANT
Sub Consultant ---+40%
F -1
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9/13/2011 Item 16.A.24.
EXHIBIT A
Granting Agency Requirements
FEDERAL GRANTCOMPLIANCE REQUIREMENTS FOR CFDA 20.507/20.500
Box is Checked
If Applicable A.1- Federally Required and Other Model Contract Clauses
❑ 1. Fly America Requirements
❑ 2. Buy America Requirements - Sian Certification
❑ 3. Charter Bus and School Bus Requirements
❑ 4. Cargo Preference Requirements
® 5. Seismic Safety Requirements
® 6. Energy Conservation Requirements
® 7. Clean Water Requirements
❑ 8. Bus Testing - Sign Certification
❑ 9. Pre -Award and Post Delivery Audit Requirements - Sian Certification
® 10. Lobbying - Sign Certification
® 11. Access to Records and Reports
® 12. Federal Changes
❑ 13. Bonding Requirements
® 14. Clean Air
❑ 15. Recycled Products
❑ 16. Davis -Bacon and Copeland Anti- Kickback Acts
❑ 17. Contract Work Hours and Safety Standards Act
18. [Reserved]
® 19. No Government Obligation to Third Parties n
® 20. Program Fraud and False or Fraudulent Statements and Related Acts
® 21. Termination
® 22. Government -wide Debarment and Suspension - Sign Exhibit P
® 23. Privacy Act
® 24. Civil Rights Requirements
® 25. Breaches and Dispute Resolution
❑ 26. Patent and Rights in Data
❑ 27. Transit Employee Protective Agreements
® 28. Disadvantaged Business Enterprises (DBE) (TWO €`ClRN -1, )
An icinated DBE: Form and Ftioders List
❑ 29. [Reserved]
® 30. Incorporation of Federal Transit Administration (FTA) Terms
❑ 31. Drug and Alcohol Testing
® 32. ADA Access
® 33. ITS Standards
❑ 34. ARRA
® Certificates requiring signature must be completed and submitted at time of bid submittal to be
considered for award.
The services performed by the awarded Contractor shall be in compliance with all applicable FTA
regulations /requirements, and additional requirements specified in this document. It shall be the awarded
Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work
required to complete this project.
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1. FLY AMERICA REQUIREMENTS
49 U.S.C. § 40118
41 CFR Part 301 -10
Applicability to Contracts
The Fly America requirements apply to the transportation ofl�ersons or prolyerty, by air, between a place in the
US. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of
such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier
under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number.
Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation
agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has
determined meets the requirements of the Fly America Act.
Flow Down Requirements
The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are
responsible for ensuring that lower tier contractors and subcontractors are in compliance.
Fiv America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General
Services Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and subrecipients of
Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government - financed
international air travel and transportation of their personal effects or property, to the extent such service is available,
unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why
service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in
any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include
111—N� the requirements of this section in all subcontracts that may involve international air transportation.
2. BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)
49 CFR Part 661
Applicability to Contracts: The Buy America requirements apply to the following types of contracts:
Construction Con- tracts and, Acquisition of Goods or Falling stock (valued at more than
1 Old, 000)..
Flow Down: The Buy America requirements flow down from FTA recipients and subrecipients to first tier
contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in
compliance. The $100,000 threshold applies only to the ,grantee contract, subcontracts under d at
amount are subject to Buy America.
Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the
product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final
assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set
out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United
States and have a 60 percent domestic content.
.4 bidder or offeror must submit to the FT4 recipient the appropriate Bim America certification (below) with all
bids or offers on FTA- funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does
not apply to lower tier subcontractors.
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❑ Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it
will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part
661.5.
Date
Signature
Company Name
Title
Certificate ofNon- Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
❑ Certification requirement for procurement of buses, other rolling stock and associated
equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C). The bidder or offeror hereby certifies that
it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R.
Part 661.11.
Date
Signature
Company Name
Title
Certificate ofNon- Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies
that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but
may qualify for an exception pursuant to 49 U.S.C. 53236)(2)(A), 53230)(2)(B), or 53230)(2)(D),
and 49 CFR 661.7.
Date
Signature
Company Name
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QQ
Title
3. CHARTER BUS REQUIREMENTS
49 U.S.C. 5323(d)
49 CFR Part 604
9/13/2011 Item 16.A.24.
Applicability to Contracts: The Charter Bus requirements apply to the following type of contract: Operational
Service Contracts.
Flow Down Requirements: The Charter Bus requirements flow down from FTA recipients and subrecipients to
first tier service contractors.
Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604,
which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service
using federally funded equipment or facilities if there is at least one private charter operator willing and able to
provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one
of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass
transportation.
3. SCHOOL BUS REQUIREMENTS
49 U.S.C. 5323(F)
49 CFR Part 605
Applicability to Contracts: The School Bus requirements apply to the following type of contract: Operational
Service Contracts.
Flow Down Requirements: The School Bus requirements flow down from FTA recipients and subrecipients to
first tier service contractors.
School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA
assistance may not engage in school bus operations exclusively for the transportation of students and school
personnel in competition with private school bus operators unless qualified under specified exemptions. When
operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use
federally funded equipment, vehicles, or facilities.
4. CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 1241
46 CFR Part 381
Applicability to Contracts: The Cargo Pre
/erence requirements apply to all contracts involving equipment,
materials, or commodities ►vltich may, he translxorted lip ocean vessels.
Flow Down: The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved
with the transport of equipment, material, or commodities by ocean vessel.
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United
States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk
carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities
n 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" commmercial ocean bill -of - lading in
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English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office
of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill -of- lading.) c. to include these requirements in all subcontracts issued
pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by
ocean vessel.
5. SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49
CFR Part 41
Applicability to Contracts: The Seismic SafeV requirements apply only to contracts for the construction of new
huilrfinrs or additions to existing buildings.
Flow Down: The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier
contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work
perfonned by all subcontractors.
Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation.
The contractor also agrees to ensure that all work perfonned under this contract including work performed by a
subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification
of compliance issued on the project.
6. ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Applicability to Contracts: The Energtr Conservation requirements are aptptficable to all contracts.
Flow Down: The Energy Conservation requirements extend to all third party contractors and their contracts at
every tier and subrecipients and their subagreements at every tier.
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
7. CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Applicability to Contracts: The Clean Water requirements apply to each contract and subcontract which
exceeds 5100,000.
Flow Down: The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
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8. BUS TESTING
49 U.S.C. 5323(c)
�� 49 CFR Part 665
Applicability to Contracts: The Bus Testing requirements pertain only to the acquisition of Rolling=
Stock/Turnkey.
Flow Down: The Bus Testing requirements should not flow down, except to the turnkey contractor as stated in
Master Agreement.
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing
regulation at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall
provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient
which will be prior to the recipient's final acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing
facility that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the
identical configuration and major components as the vehicle in the test report, which must be provided to the
recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not
identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding
that it is not a major change requiring additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the
United States before October 1, 1988, and is currently being produced without a major change in configuration or
components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details
of that vehicle's configuration and major components.
❑ CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS
The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement
complies with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with
Federal financial assistance may subject the undersigned to civil penalties as outlined in the
Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In
addition, the undersigned understands that FTA may suspend or debar a manufacturer under the
procedures in 49 CFR Part 29.
Date
Signature
Company Name
Title
9. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323
11—IN 49 CFR Part 663
Applicability to Contracts: These requirements apply only to the acquh4tion of'Rolling Stoek/.Turnk v.
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Flow Down: These requirements should not flow down, except to the turnkey contractor as stated in Master
Agreement.
Model Clause /Language: Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain
specific language to be included in third party contracts but does contain requirements applicable to subrecipients
and third party contractors.
Buy America certification is mandated under FTA regulation, "Pre -Award and Post - Delivery Audits of
Rolling Stock Purchases," 49 C.F.R. 663.13.
• "Buy America Requirements -- Surface Transportation Assistance Act of 1982, as amended,"
• 49 C.F.R. 661.12, but has been modified to include FTA's Buy America requirements codified at 49 U.S.C.
A 53230).
Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(1)
and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either
compliance or noncompliance with Buy America. If the Bidder /Offeror certifies compliance with Buy America, it
shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased
identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly
point for the rolling stock, including a description of the activities that will take place at the final assembly point
and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting
the bid specifications.
(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self -
certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified
statement that the contracted buses will not be subject to FMVSS regulations.
❑ BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS
FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs,
currently set at $100,000.)
Certificate of Compliance
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section
53230)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, and the regulations of 49 C.F.R. 661.11:
Date
Signature
Company Name
Title
Certificate of Non - Compliance
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section
53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
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amended, but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections
53230)(2)(B) or 0)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance
Act, as amended, and regulations in 49 C.F.R. 661.7.
Date
Signature_
Company N
Title
10. LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts: The Lobbying requirements apply to ConstructionlArchitectural and
EngineeringlAcquisition nf. Ro llingStocklProfessioualService Cbntractl0perationalService Contract ✓.Turnkey
contracts.
Flow Down: The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti - Lobbying
Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.
Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L.
104 -65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $1 00,000 or
more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
Grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with
respect to that Federal contract, grant or award covered by 31 U.S.C. l 352. Such disclosures are forwarded from
tier to tier up to the recipient.
❑ Certification for Contracts, Grants, Loans, and Cooperative Agreements
APPENDIX A, 49 CFR PART 20 -- CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding 5100, 000)
The undersigned
his or her knowledge and belief, that:
( Contractor) certifies, to the best of
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
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Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104 -65, to be codified at 2 U.S.C. 1601,
et seq. )]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification
and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
11. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of
Contracts"
Flow Down: FTA does not require the incluvio n of these requirements in subeontrtaets.
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes
of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 ,--�
to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to
Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l,
which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
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2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
?01\ with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized
representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining
to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major eapital prgject excludes contracts of
less than the sinzpllfied acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education, a hospital or other non - profit organization and is the
FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to
provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly
authorized representatives with access to any books, documents, papers and record of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
U.S.C. 5325(a) enters into a contract fora capital project or improvement (defined at 49 U.S.C. 5302(a)]) through
other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser,
the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them
for the purposes of conducting an audit and inspection.
1. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
2. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case Contractor
agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their
duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(I 1).
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristi
cs
Operational
Service
Contract
Turnkey
Construction
Architectur
al
Engineerin
g
Acquisition
of Rolling
Stock
Professiona
1 Services
1 State
Grantees
None
Those
None
None
None
None
imposed on
a. Contracts
state pass
below SAT
None unless'
thru to
Yes, if non -
None
None
None
($100,000)
non-
Contractor
competitive
unless non-
unless non-
unless non -
competitive
award or if
competi-
competi-
competi -
b. Contracts
award
funded thru2
tive award
tive award
tive award
above
5307/5309/5
$100,000 /Cap
311
ital Projects
II Non State
Grantees
Those
Yes3
imposed on
Yes
Yes
Yes
Yes
a. Contracts
non -state
below SAT
Yes3
Grantee
Yes
Yes
Yes
Yes
($100,000)
pass thru to
b. Contracts
Contractor
above
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$100,000 /Cap
ital Projects
Sources of Authority - -- - -- - - - -- --
-F7 u,3%-, JJLJ `a) T7 lol l\ uJJ. l / - ki f
12. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts: The Federal Changes requirement applies to all contracts.
Flow Down: The Federal Changes requirement flows down appropriately to each applicable changed requirement.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement between
Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
13. BONDING REQUIREMENTS
A Bid will not be considered or accepted unless at the time of Bid filing the same shall be accompanied by a
cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust
company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates)
(collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated
damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver
the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after
receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the
State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment
to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been
executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and
insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits
shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn
within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said
time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner
awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner
shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than
120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder.
Flow Down: Bonding requirements flow down to the first tier contractors.
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company
currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any
and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days
subsequent to the opening of bids, without the written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within
[ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter
into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds
and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and
acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages
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occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security
therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's
Check, Treasurer's Check, and /or Official Bank Check (excluding any income generated thereby which has been
retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate
to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to
indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total
damages, so as to make (Recipient) whole.
The undersigned understands that any material alteration of any of the above or any of the material contained on
this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful
performance of a contract obligation and the payment of labor and material expended pursuant to a contract
whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing
Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other
alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so
provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by
the County Attorney.
A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract
Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury
Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds
n and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at
www .fms.treas.aov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed
by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its
cost and expense another bond and surety, both of which shall be subject to the Owner's approval.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment
provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance
payment bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the
financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the
patent indemnity to protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and /or Engineer that all materials and equipment furnished
under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults
and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall
be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as
to the kind and quality of materials and equipment.
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2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various
trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby ^
guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after
Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty
workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these
guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish
separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety
that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall
secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT
(100 %) of the CONTRACT SUM, as adjusted (if at all).
14. CLEAN AIR
42 U.S.C. 7606 et seq
40 CFR 15.61
49 CFR Part 18
Applicability to Contracts: The Clean Air requirements apply to all contracts exceeding; including
indefinite quantities where the amount is expected to exceed $100,000 in any year.
Flow Down: The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
15. RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
Applicability to Contracts: The Recycled Products requirements apply to all contracts_for items designated hY
the EPA, when the purchaser or contractor procures 510,000 or more aff one ( ?f these hems during the fscal
Year, or has procaared S10,000 or more of suck items in the previous_iscal year, using .Federal. fuaaals. New
requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all
procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or
more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year
was $10,000.
Flow Down: These requirements flow down to all to all contractor and subcontractor tiers.
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247. ^
16. DAVIS -BACON AND COPELAND ANTI - KICKBACK ACTS
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Background and Application
The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to
grantee construction contracts and subcontracts that "at least partly are financed fiy a loan or; rant front the
Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(1)(5). The Acts apply to any construction
contract over $2,000. 40 USC 3142(a), 40 USC 3145, 29 CFR 5.5(a). `Construction,' for purposes of the Acts,
includes "actual construction, alteration and /or repair, including painting and decorating." 29 CFR 5.5(a). The
requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and
reproduced below.
Clause Language
Davis -Bacon and Copeland Anti - Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -
Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to
the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics
?00111_1 shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage determination (including any additional classifications
and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible
place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not
listed in the wage determination and which is to be employed under the contract shall be classified in conformance
with the wage determination. The contracting officer shall approve an additional classification and wage rate and
fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be perfon-ned by the classification
requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the
work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
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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 detennination 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 n
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that
additional time is necessary.
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(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or
(C) of this section, shall be paid to all workers performing work in the classification under this contract from the
first day on which work is performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other
Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working
on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the Collier County
may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing
Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Forn 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
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equivalents for the classification of work performed, as specified in the applicable wage determination incorporated
into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-
347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the Federal Transit
Administration or the Department of Labor, and shall permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthennore, failure to submit the required records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in
a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level
of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount
of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the
Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in a
program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment and Training Administration. Every trainee must be
paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid .�
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with
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the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a
n training plan approved by the Employment and Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no longer
be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and
29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debannent as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulins and interpretations of the Davis-
C,
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract
shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
zn
contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee
contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC
3701(b)(1)(13)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its
application in any construction contract over $2,000 or non- construction contract to which the Act applied over
$2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to tang "contract
in an amount that is not greater than S100,00O. 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts an(/, its ver3, limited circumstance. , non- construction projects that
entplQy "laborers or inechanics on a public work. " These non - construction applications do not generally apply to
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transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items."
40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental
or unique item should consult counsel to determine if the Act applies to that procurement and that additional
language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn
directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to
ensure the Act's requirements are satisfied.
Clause Languase
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set
forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the
sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - XCollier County shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the contractor or subcontractor under any such contract or n
any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
18. [RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicabilitv to Contracts: Applicable to all contracts.
Flow Down: Not required by statute or regulation for either primary contractors or subcontractors, this concept
should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have
contractual liability to third parties, absent specific written consent.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject
to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a parry to that
contract) pertaining to any matter resulting from the underlying contract.
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(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal
n assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 3118 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts: These requirements are applicable to all contracts.
Flow Down: These requirements flow down to contractors and subcontractors who make, present, or submit
covered claims and statements.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31,
apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the
extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is
financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on
the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify
the subcontractor who will be subject to the provisions.
21. TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1F
Applicability to Contracts: all contracts (►vith the reception of contracts with nonprofit organizations and
institutions of higher education,) in e.vicess of S70,000 shall contain suitable provisions for tennination by the
grantee including the manner by which it will be effected and the basis for settlement. (For contracts with
nonprofit organizations and institutions of higher education the threshold is 5100.000.) In addition, such
contracts shall describe conditions under which the contract may be tenninated for default as well as conditions
where the contract may be terminated because of circumstances beyond the control of the contractor.
Flow Down: The termination requirements flow down to all contracts in excess of $10,000, with the exception of
contracts with nonprofit organizations and institutions of higher learning.
a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in
part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor
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shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of
termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If
the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the
same, and dispose of it in the manner the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in
accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in
the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the
manner of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient),
after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a
termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the
defect. In such case, the notice of termination will state the time period in which cure is pennitted and other
appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or
conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient)
setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without
any further obligation to Contractor. Any such tennination for default shall not in any way operate to preclude
(Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach
by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit
(Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this
Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice,
may terminate this contract, in whole or in part, when it is in the Government's interest. if this contract is
terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services
rendered before the effective date of termination.
f. Termination for Default (Supplies and Service) if the Contractor fails to deliver supplies or to perform the
services within the time specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The
Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the tennination had been issued for the convenience
of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to
perform the services, including delivery services, within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for
default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature of default. The Contractor will only be paid the contract price for services performed in accordance with the
manner of performance set forth in this contract.
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If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon
�\ direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The
Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on
an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience
of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion within the time specified in this contract or any
extension or fails to complete the work within this time, or if the Contractor fails to comply with any other
provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties
shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the
work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This
liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause
if-
1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another
Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight
embargoes; and
2. The contractor, within [l 0] days from the beginning of any delay, notifies the (Recipient) in writing of the
causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall
be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal
under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or
that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been
issued for the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may tenninate this
contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the
contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Tennination
specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall
(1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the
Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and
materials accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the
work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.
�. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience
of the Recipient.
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j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract,
or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the
termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for
default, the notice shall state the manner in which the contractor has failed to perform the requirements of the
contract. The Contractor shall account for any property in its possession paid for from funds received from the
(Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the
(Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if
any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim
to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close -out costs,
and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of
termination.
If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable
reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of
the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or
treat the ternination as a termination for convenience.
22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
Background and Applicability
hn conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an
update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order
12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note
(Section 2455, Public Law 103 -355, 108 Stat. 3327). n
The provisions of Part 29 apply to rill grantee contracts and subcontracts at any level erected to equal or exceed
S25,000 as tvell as atv contract or subcontract (at anry level) or Federfd4v required auditing services. 49 CFR
29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has
been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as
"covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify
that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or
disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior
practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they
contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered
transactions (i.e., the requirement flows down to subcontracts at all levels).
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to
verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR
29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply
with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
in this clause is a material representation of fact relied upon by
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If it is later
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determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to , the Federal Government may pursue available remedies, including but not
limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
23. PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts: When a grantee maintains files on drug and alcohol enforcement activities for FTA,
and those files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts.
Flow Down: The Federal Privacy Act requirements flow down to each third party contractor and their contracts at
every tier.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor
and its employees that administer any system of records on behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information
restrictions and other applicable requirements of the Privacy Act of 1974,
5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal
Government before the Contractor or its employees operate a system of records on behalf of the Federal
Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of
the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system of
records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
24. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102,42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicability to Contracts: The Civil Rights Requirements apply to all contracts.
Flow Down: The Civil Rights requirements flow down to all third party contractors and their contracts at every
ti er.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees
that it will not discriminate against any employee or applicant for employment because of race, color, creed,
national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) E ual Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
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(a) Race Color Creed National Origin Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42
U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable
equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
60 et sM., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42
U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies
that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees
to take affinnative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Awe - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees
to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with
Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
25. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1F
Applicability to Contracts: All courracts in ewcess of 5108.,000 shall contain provisions or conditions which will
allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for
bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate
measures.
Flow Down: The Breaches and Dispute Resolutions requirements flow down to all tiers.
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties
shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall
be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or
otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the
[title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance
under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of
any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a
claim for damages therefor shall be made in writing to such other parry within a reasonable time after the first
observance of such injury of damage.
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Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be
decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which
the (Recipient) is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or
Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such
action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
26. PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Applicability to Contracts: Patent and rights in data requirements for federally assisted projects DNLYapply to
research projects in which FTA finances the purpose of the grant is to finance the development of a product or
information. These patent and data rights requirements do not apply to capital projects or operating projects, even
though a small portion of the sales price may cover the cost of product development or writing the user's manual.
Flow Down: The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier.
CONTRA CTS pNVOL J17NG EXPERIMEA,, T4L, DEVELOPMENTAL, OR RESEARCH WORK.
A. Rights in Data - This following requirement applies to each contract involving experimental, developmental or
research work:
(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is
delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in
media such as drawings or photographs; text in specifications or related performance or design -type documents;
machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in
computer memory. Examples include, but are not limited to: computer software, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
and related information. The term "subject data" does not include financial reports, cost analyses, and similar
information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the contract to which
this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole
or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the
written consent of the Federal Government, until such time as the Federal Government may have either released or
approved the release of such data to the public; this restriction on publication, however, does not apply to any
contract with an academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty -free,
non - exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for
"Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this
clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct
purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not
extend its Federal license to any other party.
1. Any subject data developed under that contract, whether or not a copyright has been obtained; and
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2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part
provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general
intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting
from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the
Contractor performing experimental, developmental, or research work required by the underlying contract to which
this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright
to any subject data developed in the course of that contract, or a copy of the subject data first produced under the
contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which
is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that
contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal
Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing
equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with
Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree
to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the
scope of their official duties against any liability, including costs and expenses, resulting from any willful or
intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out
of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract.
Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such
liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any
Zn
patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal
Government under any patent.
r�
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided
by the Federal Government that has been incorporated into work required by the underlying contract to which this
Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided
that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal assistance provided by
FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's
status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit
organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the
tn
necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described
in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental,
or research work financed in whole or in part with Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or
research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the
course of or under the contract to which this Attachment has been added, and that invention, improvement, or
discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and
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Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher
tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's
status (a large business, small business, state government or state instrumentality, local government, nonprofit
organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the
necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described
in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
49 U.S.C. § 5310, § 5311, and § 5333
29 CFR Part 215
Applicability to Contracts: The Transit Employee Protective Provisions apply to each contract. for transit
operations perfi)rnted by entpllovees of a Contractor recognized br FTA to be a transit operator. (Because transit
operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which
activities constitute transit "operations" for purposes of this clause.)
Flow Down: These provisions are applicable to all contracts and subcontracts at every tier.
Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit
employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations
are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in
compliance with teens and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee protective requirements of 49
U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's
project from which Federal assistance is provided to support work on the underlying contract. The Contractor
agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of
this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either
for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for
projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set
forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly
Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part
with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has
determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are
necessary or appropriate for the state and the public body subrecipient for which work is performed on the
underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions
detennined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines
at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's
letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the
state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance
with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas
- If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49
U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the
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Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979,
and the procedures implemented by U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit
operations financed in whole or in part with Federal assistance provided by FTA.
28. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program
became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals,
requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals
have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program
dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors
regardless of whether they are DBE firms or not.
The DBE program upplies to all DOT- assisted contracting; activities. A formal clause such as that below must be
included in all contracts above the micro - purchase level. The requirements of clause subsection b flow down to
subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section
26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part 26,
Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance
Programs. Collier Area Transit's goal for DBE participation is 5.67 %.
b. A separate contract goal has not been established for this procurement.
c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT - assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy
as Collier County deems appropriate. Each subcontract the contractor signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
d. The successful bidder /offeror will be required to report its DBE participation obtained through race - neutral
means throughout the period of performance. In order to comply with the provisions of 49 CFR 26, the
bidder /offeror agrees to the following:
• Bid Opportunity List - shall submit with all Requests for Proposals and Invitations For Bid.
• Anticipated DBE Participation Statement — shall submit with all Requests for Proposals and Invitations
For Bid.
• DBE Directory — the bidder /offeror may use the online DBE directory, BizNet,
www. bipincwebapps.com /biznetflorida/ to locate ready, willing, and able DBE's to perform sub - contractor
work or sub - consultant work on USDOT assisted contracts.
• Subcontractor Payment Report — shall submit monthly to comply with monitoring requirements of 49
CFR 26.
e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work from
Collier County. In addition, the contractor is required to return any retainage payments to those
subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily
completed.
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f. The contractor must promptly notify Collier County, whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and must make good faith efforts to
engage another DBE subcontractor to perform at least the same amount of work. The contractor may not
terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of Collier County.
29. [RESERVED 1
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.17
Applicability to Contracts: The incorporation of FTA teens applies to all contracts.
Flow Down: The incorporation of FTA terms has unlimited flow down.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part,
certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor
shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
31. DRUG AND ALCOHOL TESTING
49 U.S.C. §5331
49 CFR Part 655
Applicability to Contracts: The Drug and Alcohol testingpravisions al7p4v to Operational Service Contracts.
Flow Down Requirements: Anyone who performs a safety- sensitive function for the recipient or subrecipient is
required to comply with 49 CFR 655, with certain exceptions for contracts involving maintenance services.
Maintenance contractors for non - urbanized area formula program grantees are not subject to the rules. Also, the
rules do not apply to maintenance subcontractors.
Introduction
FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the regulations issued by FTA. First,
they require recipients to ensure that any entity performing a safety- sensitive function on the recipient's behalf
(usually subrecipients and /or contractors) implement a complex drug and alcohol testing program that complies
with Part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance
with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety -
sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a
recipient ensures that its subrecipients and /or contractors comply with them.
Explanation of Model Contract Clauses:
Collier County relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR
655, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its
compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is
that it places the responsibility for complying with the rules on the entity that is actually performing the safety-
sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the
program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the
recipient may find itself out of compliance with the rules.
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Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR
Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any
authorized representative of the United States Department of Transportation or its operating administrations, the
State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records
associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655
and review the testing process. The contractor agrees further to certify annually its compliance with Part 655
before (insert date) and to submit the Management Information System (MIS) reports before (insert date before
March 15) to (insert title and address of person responsible for receiving information). To certify compliance the
contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for
Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal
Register.
32. ADA Access
49 U.S.C. §5301
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states
the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals
to use public transportation services and facilities, and that special efforts shall be made in planning and designing
those services and facilities to implement transportation accessibility rights for elderly individuals and individuals
with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the
Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of
disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities; and with the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public 110—N
accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or
other laws pertaining to access for individuals with disabilities to the extent applicable.
33. ITS Standards
5206(e)
Section 5206(e) of the Transportation Equity Act for the 21 st Century, Public Law 105 -178, 112 Stat. 547,
pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards
and interoperability tests that have been officially adopted through rulemaking by the United States Department of
Transportation (US DOT).
34. ARRA SPECIAL TERMS AND CONDITIONS
Pub. L. 111 -5
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve and
create jobs and promote economic recovery, assist those most impacted by the recession, provide investments
needed to increase economic efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other infrastructure that will provide long -tern economic benefits,
stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and
counterproductive State and local tax increases.
The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection and resources as specified in Act itself and as discussed below.
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Registration
Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor Registration
10,*N database (CCR). CCR registration can be completed at http: / /www.cer.gov. CCR registration must be completed
before the first quarterly Section 1512 report is due.
Federal reporting on projects funded by the Recovery Act, will require contractors to report their DUNS number.
The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS number, visit www.dnb.com
and click on "D & B D -U -N -S Number" to obtain a number.
Compliance with American Recovery and Reinvestment Act of 2009:
This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the federal
reporting requirements for the project(s), through monthly reports, for both the contractor and subcontractors. The
Contractor shall provide the required information on form(s) provided by the County in the timeframe indicated in
the instructions and shall further include these reporting requirements in all subcontracts.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the authority:
(1) to examine any records of the Contractor or any of its subcontractors, or any State or Local agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract;
and
(2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or
Local government agency administering the Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under
Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the
ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict in any way any
existing authority of the Comptroller General.
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EXHIBIT B
Granting Agency Forms
CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
The undersigned
her knowledge and belief, that:
Contractor) certifies, to the best of his or
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by
"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act
of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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DECL MATlOM OF DEBARMENT
The bidder, in accordance with Section )= of the prevailing Collier County
Purchasing Policy, (known as 'Debarment and Suspension') shall sign the
appropriate declaration under this exhibit In doing so, the undersigned hereby
declares that:
Name ofBashmiss
1.
They are a prospective contractor, vendor, atiifate, or otherwise interested
or affected party as dehrhed under Section XXIX of the Collier County
Purchasing Policy.
2.
They are riot nor have not been debarred or suspended by any public
entity within the last five (5) yews of the date of this submission.
3.
Signahire of this dedwation corhstithaes a material represertaion of fad
upon which reliance was placed when this aubmissm was errtered and
evaivated_ Further, should it subsequently be determined that the
signatory knowingly or Wtcrawingly rendered an erroneous declaration;
the County shah reserve the right to reed the bid offer associated with
this declaration andlor suspendldeber tie bid ler/ Owdory.
4.
They shall provide immediate wrMen ratios to the person to whom this
proposal is submitted if at any time trey learn that its declaration was
erroneous when submitted or has become erroneous by reason of
changed cimumstances.
5.
Should the proposed agreement be entered rhto, they shall not knowingly
enter into any subcontract or supplier agreement with a person or entity
who is debarred, suspended, declared inef'g0e, or vokrhtarily excluded
from participation in this agreement, uNess otherwise audhonzed by the
Collier County Purchasing/Germm-A Services Director.
The
bidder shall sign the appropriate dedamb n below and comply with any
accompanying requirements set forth therein:
(A)
I hereby declare that my firm nor its prim is cpt Presently debarred,
suspended, proposed for debarnherht, declared inetigbie. or voluntarily
excluded from participation in this transaction by any public agency.
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Name(s) and IMO(s) of Autlrodxsd Repressrrtafi %-1
Now of Business
Authorized Signahrro(s) Date
(B) I am unable to declare that my firm is in compliance with one or more
statements cortmod wilhin this deck at;on and 1 she# attach an
explanation for determination by the Collier County Ptrcinwi; Director.
Name(s) and Titles) of Aw#wdzed �nt dve(s)
Name of Bu sbwM
Authorized Signshwe(s) - Date
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11�
/*,IN,
STATE OF FLORIDA DEPARTMENT OF TRANSFCP.TA'IION
BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT
SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES
9/13/2011 Item 16.A.24.
376040.82
PROCUREMENT
04,07
Prime Contractor /Prime Consultant:
Address /Phone Number:
Procurement Number /Advertisement Number:
49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on
DOT - assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and
supplies materials on DOT - assisted projects, including both DBEs and non -DBEs. For consulting companies this list must
include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT - assisted
project. Prime contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide any
information they have available on Numbers 5, 6. 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. ❑ DBE
B. Annual Gross Receipts
❑ Non -DBE
❑ Less than $1 million
B. Annual Gross Receipts
❑ Between $1 - $5 million
Firm Name:
❑ Between $5 - $10 million
7. ❑ Subcontractor
❑ Between $10 - $15 million
❑ Subconsultant
❑ More than $15 million
1,
Federal Tax ID Number:
6.
❑ DBE
B. Annual Gross Receipts
2.
Firm Name:
❑ Non -DBE
❑ Less than $1 million
3.
Phone:
❑ Between $1 - $5 million
4.
Address:
❑ Between $5 - $10 million
7.
❑ Subcontractor
❑ Between $10 - $15 million
❑ Subconsultant
❑ More than $15 million
5.
Year Firm Established:
1.
Federal Tax ID Number:
6.
❑ DBE
8. Annual Gross Receipts
2.
Firm Name:
❑ Non -DBE
❑ Less than $1 million
3.
Phone:
❑ Between $1 - $5 million
4.
Address:
❑ Between $5 - $10 million
7.
El
❑Between $10 $15 million
❑ Subconsultant
❑ More than $15 million
5.
Year Firm Established:
.
Federal Tax ID Number.
6.
❑ DBE
8. Annual Gross Receipts
2.
Firm Name:
❑ Non -DBE
❑ Less than S1 million
3.
Phone:
❑ Between $1 - S5 million
4.
Address:
❑ Between $5 - 510 million
7.
❑ Subcontractor
❑ Between $10 - $15 million
❑ Subconsultant
❑ More than $15 million
5.
Year Firm Established:
AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR: BID SHEET (Invitation to Bid - ITB)
LETTERS OF RESPONSE (LOR)
PRICE PROPOSAL (Request for Proposal - RFP)
REPLY (Invitation to Negotiate - ITN)
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COLLIER'. AREA TRANSIT INFORMATION
1. FTA FUNDING SOURCE
2. FTA AGREEMENT
AMOUNT
3. COLLIER
CONTRACT # 4. LOCAL AGENCY'S NAME
IFB /RFP or PO)
Collier Area Transit
PRIME VENDOR " / CONTRACTOR INFORMATION .
5. PRIME CONTRACTOR'S NAME
16. FEID NUMBER - PRIME CONTRACTOR)
7, CONTRACT DOLLAR AMOUNT
9. IS THE PRIME A FLORIDA- CERTIFIED
DISADVANTAGED BUSINESS ENTERPRISE
(DBE)?
YES ❑
NO ❑
10. IS THE WORK OF THIS CONTRACT
CONSTRUCTION ❑ OR CONSULTANT ❑OTHER?
11. REVISION (Y /N)? _ IF YES, REVISION NUMBER
IF PRIME HAS SUBCONTRACTOR(S) OR SUPPLIER(S) WHO IS A DBE, COMPLETE SECTION #12.
12. ANTICIPATED DBE SUBCONTRACTORS (BELOW):
DBE SUBCONTRACTOR OR SUPPLIER
TYPE OF WORKISPECIALTY
DOLLAR AMOUNT
PERCENT OF
CONTRACT
DOLLARS
A
b
C
D
i
F
1':?. I Ci ALS -LA.RS T
50.00
13T(7ALPERCENTOF
V
0.00%
SECTION TO BE COMPLETED BY PRIME VENDORICONTRACTOR
1013 NAME OF SURMITTER 114.
DATE ( 15 TITLE OF SUBMITTER
I 16. EMAIL ADDRESS OF PRIME CONTRA.CTCR /SUBMITTER 1? FAX NUMBER
:8. PHC4JE NUMBER
NOTE: THIS INFORMATION IS USED '10 TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY- FUNDED FOOT
CONTRACTS. THE .ANTICIPA.TED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS
FORM MUST BE SUBMITTED AT THE PRE- CONSTRUCTION FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY
OFFICE.
SECTION TO BE, COMPLETED BY COLLER AREA TRANSIT
19 SUBMITTED BY 20.DATE
21. TITLE OF SUBMITTER
I I
22 EMAIL ADDRESS OF SURMITTER ; 23. FAX NUMBER 24 PHONE NUMBER
1 U;0 /2010 I
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