request for bid documents...request. b. specialty license(s) – vendor shall possess at the time of...
TRANSCRIPT
PROJECT NO.: B-130202
OPEN DATE: March 19, 2013
AND TIME: 2:30 P.M.
PRE-BID DATE: March 4, 2013
AND TIME: 2:00pm
LOCATION: Purchasing Conference Room
REQUEST FOR
BID
TITLE:
TRANSMISSION REBUILDS FOR LEE TRAN
Advertised Date: February 22, 2013
REQUESTER: LEE COUNTY BOARD OF COUNTY COMMISSIONERS
DIVISION OF PROCUREMENT MANAGEMENT
MAILING ADDRESS PHYSICAL ADDRESS
P.O. BOX 398 1825 Hendry St 3rd
Floor
FORT MYERS, FL 33902-0398 FORT MYERS, FL 33901
PROCUREMENT CONTACT:
NAME: PATRICK T. LEWIS SR.
TITLE: PROCUREMENT ANALYST
PHONE NO.: (239) 533-5453
EMAIL: [email protected]
FORMAL BID NO.: B-130202
1
GENERAL CONDITIONS
Sealed Bids will be received by the DIVISION OF PROCUREMENT MANAGEMENT, until
the time and date specified on the cover sheet of this “Request for Bid”, and opened immediately
thereafter by the Director or designee.
Any question regarding this solicitation should be directed to the Procurement Division Contact
listed on the cover page of this solicitation, or by calling the Division of Procurement
Management at (239) 533-5450.
1. SUBMISSION OF BID:
a. Bids must be sealed in an envelope, and the outside of the envelope must be
marked with the following information:
1. Marked with the words “Sealed Bid”
2. Name of the firm submitting the bid
3. Title of the bid
4. Bid number
b. The Bid must be submitted in duplicate as follows:
1. The original consisting of the Lee County bid forms completed and
signed, and where applicable corporate and/or notary seals attached.
2. A copy of the original bid forms for the Director.
c. The following must be submitted along with the bid in a separate envelope. This
envelope must be marked as described above, but instead of marking the envelope
as “Sealed Bid”, please indicate the contents; i.e., literature, drawings, submittals,
etc. This information must be submitted in duplicate.
1. Any information (either required or in addition to that asked for by the
specifications) necessary to analyze your bid; i.e., required submittals,
literature, technical data, financial statements.
2. Warranties and guarantees against defective materials and workmanship.
d. BIDS RECEIVED LATE: It is the bidder’s responsibility to ensure the bid is
received by the Division of Procurement Management prior to the opening date
and time specified. Any bid received after the opening date and time will be
promptly returned to the bidder unopened. Lee County will not be responsible for
bids received late because of delays by a third party delivery service; i.e., U.S.
Mail, UPS, Federal Express, etc.
FORMAL BID NO.: B-130202
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e. BID CALCULATION ERRORS: In the event there is a discrepancy between
the total quoted amount or the extended amounts and the unit prices quoted, the
unit prices will prevail and the corrected sum will be considered the quoted price.
f. PAST PERFORMANCE: All vendors will be evaluated on their past
performance and prior dealings with Lee County (i.e., failure to meet
specifications, poor workmanship, late delivery, etc.). Poor or unacceptable past
performance may result in bidder disqualification.
g. WITHDRAWAL OF BID: No bid may be withdrawn for a period of 90 days
after the scheduled time for receiving bids. A bid may be withdrawn prior to the
bid-opening date and time. Such a request to withdraw must be made in writing
to the Director, who will approve or disapprove of the request.
h. COUNTY RESERVES THE RIGHT: The County reserves the right to
exercise its discretion, to waive minor informalities in any bid; to reject any or all
bids with or without cause; and/or to accept the bid that in its judgment will be in
the best interest of the County of Lee.
i. EXECUTION OF BID: All bids shall contain the signature of an authorized
representative of the bidder in the space provided on the quote proposal form. All
bids shall be typed or printed in ink. The bidder may not use erasable ink. All
corrections made to the bid shall be initialed.
2. ACCEPTANCE
The materials and/or services delivered under the bid shall remain the property
of the seller until a physical inspection and actual usage of these materials and/or services
is accepted by the County and is deemed to be in compliance with the terms herein, fully
in accord with the specifications and of the highest quality. In the event the materials
and/or services supplied to the County are found to be defective or do not conform to
specifications, the County reserves the right to cancel the order upon written notice to the
seller and return such product to the seller at the seller’s expense.
3. SUBSTITUTIONS
Whenever in these specifications a brand name or make is mentioned, it is the intention
of the County only to establish a grade or quality of materials and not to rule out other
brands or makes of equal quality. However, if a product other than that specified is bid, it
is the vendor’s responsibility to name such product with his bid and to prove to the
County that said product is equal to the product specified. Lee County shall be the sole
judge as to whether a product being offered by the bidder is actually equivalent to the one
being specified by the detailed specifications. (Note: This paragraph does not apply
when it is determined that the technical requirements of this solicitation will require a
specific product only, as stated in the detailed specifications.)
FORMAL BID NO.: B-130202
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4. RULES, REGULATIONS, LAWS, ORDINANCES & LICENSES
The awarded vendor shall observe and obey all laws, ordinances, rules, and regulations,
of the federal, state, and local government, which may be applicable to the supply of this
product or service. The awarded vendor has attested to compliance with the applicable
immigration laws of the United States in the attached affidavit. Violations of the
immigration laws of the United States shall be grounds for unilateral termination of the
awarded agreement.
a. Local Business Tax – Vendor shall submit within 10 calendar days after
request.
b. Specialty License(s) – Vendor shall possess at the time of the opening of
the bid all necessary permits and/or licenses required for the sale of this
product and/or service and upon the request of the County will provide
copies of licenses and/or permits within 10 calendar days after request.
c. The geographic preference established in the Local Vendor Preference
ordinance is applicable to all Lee County procurement activities unless
otherwise specifically noted in the solicitation package. Provided,
however, the Local Vendor Preference ordinance is not applicable to
procurement activity or solicitations involving Federal Transit
Administration grant funds.
d. Florida Statutes Section 607.1501 (1) states: A foreign corporation may
not transact business in this state until it obtains a certificate of authority
from the Department of State.
5. WARRANTY/GUARANTY (unless otherwise specified)
All materials and/or services furnished under this bid shall be warranted by the
vendor to be free from defects and fit for the intended use.
6. PRE-BID CONFERENCE
A pre-bid conference will be held at the location, date, and time specified on the cover of
this solicitation. The pre-bid conferences is non-mandatory, but it is highly
recommended that everyone planning to submit a bid attend.
7. LEE COUNTY PAYMENT PROCEDURES
All vendors are requested to mail an original invoice to:
Lee County Finance Department
Post Office Box 2238
Fort Myers, FL 33902-2238
All invoices will be paid as directed by the Lee County payment procedure unless
otherwise differently stated in the detailed specification portion of this bid.
FORMAL BID NO.: B-130202
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Lee County will not be liable for requests for payment deriving from aid, assistance, or
help by any individual, vendor, or bidder for the preparation of these specifications.
Lee County is generally a tax-exempt entity subject to the provisions of the 1987
legislation regarding sales tax on services. Lee County will pay those taxes for which it
is obligated, or it will provide a Certificate of Exemption furnished by the Department of
Revenue. All contractors or bidders should include in their bid all sales or use taxes,
which they will pay when making purchases of material or subcontractor’s services.
8. LEE COUNTY BID PROTEST PROCEDURE
Any contractor/vendor/firm that has submitted a formal bid/quote/proposal to Lee
County, and who is adversely affected by an intended decision with respect to the award
of the formal bid/quote/proposal, must file a written “Notice of Intent to File a Protest”
with the Lee County Procurement Management Director not later than seventy-two (72)
hours (excluding Saturdays, Sundays and Legal Holidays) after receipt of the County’s
“Notice of Intended Decision” with respect to the proposed award of the formal
bid/quote/proposal.
The “Notice of Intent to File a Protest” is one of two documents necessary to perfect
Protest. The second document is the “Formal Written Protest”, both documents are
described below.
The “Notice of Intent to File a Protest” document must state all grounds claimed for the
Protest, and clearly indicate it as the “Notice of Intent to File a Protest”. Failure to
clearly indicate the Intent to file the Protest shall constitute a waiver of all rights to seek
any further remedies provided for under this Protest Procedure.
The “Notice of Intent to File a Protest” shall be received (“stamped in”) by the
Procurement Management Director or Public Works Director not later than Four o’clock
(4:00) PM on the third working day following the day of receipt of the County’s Notice
of Intended Decision.
The affected party shall then file its Formal Written Protest within ten (10) calendar days
after the time for the filing of the Notice of Intent to File a Protest has expired. Except as
provided for in the paragraph below, upon filing of the Formal Written Protest, the
contractor/vendor/firm shall post a bond, payable to the Lee County Board of County
Commissioners in an amount equal to five percent (5%) of the total bid/quote/proposal,
or Ten Thousand Dollars ($10,000.00), whichever is less. Said bond shall be designated
and held for payment of any costs that may be levied against the protesting
contractor/vendor/firm by the Board of County Commissioners, as the result of a
frivolous Protest.
A clean, Irrevocable Letter of Credit or other form of approved security, payable to the
County, may be accepted. Failure to submit a bond, letter of credit, or other approved
security simultaneously with the Formal Written Protest shall invalidate the protest, at
which time the County may continue its procurement process as if the original “Notice of
Intent to File a Protest” had never been filed.
FORMAL BID NO.: B-130202
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Any contractor/vendor/firm submitting the County’s standard bond form (CMO: 514),
along with the bid/quote/proposal, shall not be required to submit an additional bond with
the filing of the Formal Written Protest.
The Formal Written Protest shall contain the following:
County bid/quote/proposal identification number and title.
Name and address of the affected party, and the title or position of the person
submitting the Protest.
A statement of disputed issues of material fact. If there are no disputed material
facts, the Formal Protest must so indicate.
A concise statement of the facts alleged, and of the rules, regulations, statutes, or
constitutional provisions, which entitle the affected party to relief.
All information, documents, other materials, calculations, and any statutory or
case law authority in support of the grounds for the Protest.
A statement indicating the relief sought by the affected (protesting) party.
Any other relevant information that the affected party deems to be material to
Protest.
Upon receipt of a timely filed “Notice of Intent to File a Protest”, the Procurement
Management Director or Public Works Director (as appropriate) may abate the award
of the formal bid/quote/proposal as appropriate, until the Protest is heard pursuant to
the informal hearing process as further outlined below, except and unless the County
Manager shall find and set forth in writing, particular facts and circumstances that
would require an immediate award of the formal bid/quote/proposal for the purpose
of avoiding a danger to the public health, safety, or welfare. Upon such written
finding by the County Manager, the County Manager may authorize an expedited
Protest hearing procedure. The expedited Protest hearing shall be held within ninety-
six (96) hours of the action giving rise to the contractor/vendor/firm’s Protest, or as
soon as may be practicable for all parties. The “Notice of Intent to File a Protest”
shall serve as the grounds for the affected party’s presentation and the requirements
for the submittal of a formal, written Protest under these procedures, to include the
requirement for a bond, shall not apply.
The Dispute Committee shall conduct an informal hearing with the protesting
contractor/vendor/firm to attempt to resolve the Protest, within seven working days
(excluding Saturdays, Sundays and legal holidays) from receipt of the Formal Written
Protest. The Chairman of the Dispute Committee shall ensure that all affected parties
may make presentations and rebuttals, subject to reasonable time limitations, as
appropriate. The purpose of the informal hearing by the Dispute Committee, the
protestor and other affected parties is to provide an opportunity: (1) to review the
FORMAL BID NO.: B-130202
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basis of the Protest; (2) to evaluate the facts and merits of the Protest: and (3) to make
a determination whether to accept or reject the Protest.
Once a determination is made by the Dispute Committee with respect to the merits of
the Protest, the Dispute Committee shall forward to the Board of County
Commissioners its recommendations, which shall include relevant background
information related to the procurement.
Upon receiving the recommendation from the Dispute Committee, the Board of
County Commissioners shall conduct a hearing on the matter at a regularly scheduled
meeting. Following presentations by the affected parties, the Board shall render its
decision on the merits of the Protest.
If the Board’s decision upholds the recommendation by the Dispute Committee
regarding the award, and further finds that the Protest was either frivolous and/or
lacked merit, the Board, at its discretion, may assess costs, charges, or damages
associated with any delay of the award, or any costs incurred with regard to the
protest. These costs, charges or damages may be deducted from the security (bond or
letter of credit) provided by the contractor/vendor/firm. Any costs, charges or
damages assessed by the Board in excess of the security shall be paid by the
protesting contractor/vendor/firm within thirty (30) calendar days of the Board’s final
determination concerning the award.
All formal bid/quote/proposal solicitations shall set forth the following statement:
“FAILURE TO FOLLOW THE BID PROTEST PROCEDURE
REQUIREMENTS WITHIN THE TIMEFRAMES AS PRESCRIBED HEREIN
AND ESTABLISHED BY LEE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA, SHALL CONSTITUTE A WAIVER OF
YOUR PROTEST AND ANY RESULTING CLAIMS.”
9. PUBLIC ENTITY CRIME
Any person or affiliate as defined by statute who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid or a contract to
provide any goods or services to the County; may not submit a bid on a contract with the
County for the construction or repair of a public building or a public work; may not
submit bids or leases of real property to the County; may not be awarded or perform
works as a contractor, supplier, subcontractor, or consultant under a contract with the
County, and may not transact business with the County in excess of $25,000.00 for a
period of 36 months from the date of being placed on the convicted vendor list.
10. QUALIFICATION OF BIDDERS (unless otherwise noted)
Bids will be considered only from firms normally engaged in the sale and distribution or
provision of the services as specified herein. Bidders shall have adequate organization,
facilities, equipment, and personnel to ensure prompt and efficient service to Lee County.
FORMAL BID NO.: B-130202
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The County reserves the right before recommending any award to inspect the facilities
and organization; or to take any other action necessary to determine ability to perform is
satisfactory, and reserves the right to reject bids where evidence submitted or
investigation and evaluation indicates an inability of the bidder to perform.
11. MATERIAL SAFETY DATA SHEETS
In accordance with Chapter 443 of the Florida Statutes, it is the vendor’s responsibility to
provide Lee County with Materials Safety Data Sheets on bid materials, as may apply to
this procurement.
12. MISCELLANEOUS
If a conflict exists between the General Conditions and the detailed specifications, then
the detailed specifications shall prevail.
13. WAIVER OF CLAIMS
Once this contract expires, or final payment has been requested and made, the awarded
contractor shall have no more than 30 days to present or file any claims against the
County concerning this contract. After that period, the County will consider the
Contractor to have waived any right to claims against the County concerning this
agreement.
14. COUNTY RESERVES THE RIGHT
a) State Contract
If applicable, the County reserves the right to purchase any of the items in this bid
from State Contract Vendors if the prices are deemed lower on State Contract
than the prices we receive in this quotation.
b) Any Single Large Project
The County, in its sole discretion, reserves the right to separately quote any
project that is outside the scope of this bid, whether through size, complexity, or
dollar value.
c) Disadvantaged Business Enterprises (DBE’s)
The County, in its sole discretion, reserves the right to purchase any of the items
in this bid from a Disadvantaged Business Enterprise vendor if the prices are
determined to be in the best interest of the County, to assist the County in the
fulfillment of any of the County’s grant commitments to federal or state agencies.
The County further reserves the right to purchase any of the items in this bid from
DBE’s to fulfill the County’s stated policy toward DBE’s.
FORMAL BID NO.: B-130202
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d) Anti-Discrimination
The vendor for itself, its successors in interest, and assignees, as part of the
consideration there of covenant and agree that:
In the furnishing of services to the County hereunder, no person on the grounds of
race, religion, color, age, sex, national origin, handicap or marital status shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
The vendor will not discriminate against any employee or applicant for
employment because of race, religion, color, age, sex, national origin, handicap or
marital status. The vendor will make affirmative efforts to ensure that applicants
are employed and that employees are treated during employment without regard
to their race, religion, color, age, sex, national origin, handicap or marital status.
Such action shall include, but not be limited to, acts of employment, upgrading,
demotion or transfer; recruitment advertising; layoff or termination, rates of pay
or other forms of compensation and selection for training, including
apprenticeship.
Vendor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices setting forth the provisions of this anti-
discrimination clause.
Vendor will provide all information and reports required by relevant regulations
and/or applicable directives. In addition, the vendor shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the County to be pertinent to ascertain compliance. The vendor
shall maintain and make available relevant data showing the extent to which
members of minority groups are beneficiaries under these contracts.
Where any information required of the vendor is in the exclusive possession of
another who fails or refuses to furnish this information, the vendor shall so certify
to the County its effort made toward obtaining said information. The vendor shall
remain obligated under this paragraph until the expiration of three (3) years after
the termination of this contract.
In the event of breach of any of the above anti-discrimination covenants, the
County shall have the right to impose sanctions as it may determine to be
appropriate, including withholding payment to the vendor or canceling,
terminating, or suspending this contract, in whole or in part.
Additionally, the vendor may be declared ineligible for further County contracts
by rule, regulation or order of the Board of County Commissioners of Lee
County, or as otherwise provided by law.
FORMAL BID NO.: B-130202
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The vendor will send to each union, or representative of workers with which the
vendor has a collective bargaining agreement or other contract of understanding, a
notice informing the labor union of worker’s representative of the vendor’s
commitments under this assurance, and shall post copies of the notice in
conspicuous places available to the employees and the applicants for employment.
The vendor will include the provisions of this section in every subcontract under
this contract to ensure its provisions will be binding upon each subcontractor.
The vendor will take such actions with respect to any subcontractor, as the
contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance.
15. AUDITABLE RECORDS
The awarded vendor shall maintain auditable records concerning the procurement
adequate to account for all receipts and expenditures, and to document compliance with
the specifications. These records shall be kept in accordance with generally accepted
accounting methods, and Lee County reserves the right to determine the record-keeping
method required in the event of non-conformity. These records shall be maintained for
two years after completion of the project and shall be readily available to County
personnel with reasonable notice, and to other persons in accordance with the Florida
Public Disclosure Statutes.
16. DRUG FREE WORKPLACE
Whenever two or more bids/proposals, which are equal with respect to price, quality and
service, are received for the procurement of commodities or contractual services, a
bid/proposal received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. In order to have a
drug-free workplace program, a business shall comply with the requirements of Florida
Statutes 287.087.
17. REQUIRED SUBMITTALS
Any submittals requested should be returned with the bid response. This information
may be accepted after opening, but no later than 10 calendar days after request.
18. TERMINATION
Any agreement as a result of this bid may be terminated by either party giving thirty (30)
calendar days advance written notice. The County reserves the right to accept or not
accept a termination notice submitted by the vendor, and no such termination notice
submitted by the vendor shall become effective unless and until the vendor is notified in
writing by the County of its acceptance.
FORMAL BID NO.: B-130202
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The Procurement Management Director may immediately terminate any agreement as a
result of this bid for emergency purposes, as defined by the Lee County Purchasing and
Payment Procedure Manual.
Any vendor who has voluntarily withdrawn from a formal bid/proposal without the
County’s mutual consent during the contract period shall be barred from further County
procurement for a period of 180 days. The vendor may apply to the Board of Lee County
Commissioners for waiver of this debarment. Such application for waiver of debarment
must be coordinated with and processed by Procurement Management.
19. CONFIDENTIALITY
Vendors should be aware that all submittals (including financial statements) provided
with a bid/proposal are subject to public disclosure and will not be afforded
confidentiality.
20. ANTI-LOBBYING CLAUSE
All firms are hereby placed on formal notice that neither the County Commissioners nor
candidates for County Commission, nor any employees from the Lee County
Government, Lee County staff members, nor any members of the
Qualification/Evaluation Review Committee are to be lobbied, either individually or
collectively, concerning this project. Firms and their agents who intend to submit
qualifications, or have submitted qualifications, for this project are hereby placed on
formal notice that they are not to contact County personnel for such purposes as holding
meetings of introduction, meals, or meetings relating to the selection process outside of
those specifically scheduled by the County for negotiations. Any such lobbying activities
may cause immediate disqualification for this project.
21. INSURANCE (AS APPLICABLE)
Insurance shall be provided, per the attached insurance guide. Upon request, an
insurance certificate complying with the attached guide may be required prior to award.
FORMAL BID NO.: B-130202
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LEE COUNTY, FLORIDA
PROPOSAL QUOTE FORM
FOR TRANSMISSION REBUILDS FOR LEE TRAN
DATE SUBMITTED: ____________________________________
VENDOR NAME:
TO: The Board of County Commissioners
Lee County
Fort Myers, Florida
Having carefully examined the “General Conditions”, and the “Detailed Specifications”, all of
which are contained herein, the Undersigned proposes to furnish the following which meet these
specifications:
NOTE REQUIREMENT: IT IS THE SOLE RESPONSIBILITY OF THE VENDOR TO
CHECK LEE COUNTY PROCUREMENT MANAGEMENT WEB SITE FOR ANY
PROJECT ADDENDA ISSUED FOR THIS PROJECT. THE COUNTY WILL POST
ADDENDA TO THIS WEB PAGE, BUT WILL NOT NOTIFY.
The undersigned acknowledges
receipt of Addenda numbers: ___________________________________________________
NOTE: THE REMANUFACTURE/REBUILD TRANSMISSIONS SPECIFIED SHALL BE
PURCHASED ON A ONE FOR ONE EXCHANGE BASIS, DO NOT INCLUDE CORE
CHARGE IN YOUR QUOTED PRICE
1.) REBUILD B400R ALLISON TRANSMISSION $ EACH
FOR USE GILLIG BUSES Serial Numbers (SN)
6510369349,6510703351,6510841855,6510932853
2.) REBUILD EV40 ALLISON TRANSMISSION $_________________________EACH
FOR USE IN GILLIG HYBRID BUSES
SN- 7110004060, 7110005572, 7110005754
3.) REBUILD B300 ALLISON TRANSMISSION $_________________________EACH
FOR USE IN TROLLEY BUSES
SN- 6510976497
GRAND TOTAL $_________________________
FORMAL BID NO.: B-130202
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INCIDENTALS (NOT FACTORED INTO BASIS OF AWARD)
1.) B400R ALLISON TRANSMISSION CORE $ EACH
2.) EV40 ALLISON TRANSMISSION CORE $_________________________EACH
3.) B300ALLISON TRANSMISSION CORE $_________________________EACH
GRAND TOTAL $_________________________
IS YOUR FIRM AN AUTHORIZED ALLISON DEALER OR DISTRIBUTOR?
YES NO
(Circle one)
ALL PRICING SHALL INCLUDE PICKUP AND DELIVERY.
TO BE DELIVERED WITHIN _______________CALENDAR DAYS AFTER RECEIPT OF
ORDER FROM LEE TRAN.
WILL YOU DELIVER WITH YOUR OWN VEHICLE AS OPPOSED TO COMMON
CARRIER?
YES NO
Does your firm have a location/office/facility in Lee County?
YES NO
Address:
Bidders should carefully read all the terms and conditions of the specifications. Any
representation of deviation or modification to the bid may be grounds to reject the bid.
Are there any modifications to the bid or specifications:
YES NO
Failure to clearly identify any modifications in the space below or on a separate page may be
grounds for the bidder being declared nonresponsive or to have the award of the bid rescinded by
the County.
MODIFICATIONS:
Bidder shall submit his/her bid on the County’s Proposal Quote Form, including the firm name
and authorized signature. Any blank spaces on the Proposal Quote Form, qualifying notes or
exceptions, counter offers, lack of required submittals, or signatures, on County’s Form may
result in the Bidder/Bid being declared non-responsive by the County.
FORMAL BID NO.: B-130202
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ANTI-COLLUSION STATEMENT
THE BELOW SIGNED BIDDER HAS NOT DIVULGED TO, DISCUSSED OR
COMPARED HIS BID WITH OTHER BIDDERS AND HAS NOT COLLUDED WITH
ANY OTHER BIDDER OR PARTIES TO A BID WHATSOEVER. NOTE: NO
PREMIUMS, REBATES OR GRATUITIES TO ANY EMPLOYEE OR AGENT ARE
PERMITTED EITHER WITH, PRIOR TO, OR AFTER ANY DELIVERY OF
MATERIALS. ANY SUCH VIOLATION WILL RESULT IN THE CANCELLATION
AND/OR RETURN OF MATERIAL (AS APPLICABLE).
FIRM NAME _____________________________________
BY (Printed): ______________________________________
BY (Signature): ____________________________________
TITLE: ___________________________________________
FEDERAL ID # OR S.S.#____________________________
ADDRESS: _______________________________________
_________________________________________________
PHONE NO.: ______________________________________
FAX NO.: ________________________________________
CELLULAR PHONE/PAGER NO.: _________________________________________
DUNS #: __________________________________________
LEE COUNTY LOCAL BUSINESS TAX ACCOUNT NUMBER:
_______________________________
E-MAIL ADDRESS:
DISADVANTAGED BUSINESS ENTERPRISE (DBE): Yes No
FORMAL BID NO.: B-130202
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LEE COUNTY, FLORIDA
DETAILED SPECIFICATIONS
FOR TRANSMISSION REBUILDS FOR LEE TRAN
SCOPE
The purpose of this quote is to obtain services for the rebuilding of Allison transmissions for the
Lee County Transit (Lee Tran)
The rebuilds will be handled on a one for one exchange
A minimum of one is guaranteed and a maximum of twenty over the term of this quote.
TERM OF AWARD
If awarded, the terms of this solicitation shall be in effect for two years. The County reserves the
right to renew this quote (or any portion thereof) and to negotiate lower pricing as a condition for
each renewal, for up to three additional one-year periods, upon mutual agreement of both parties
and, except as to lower pricing, under the same terms and conditions.
FEDERAL CLAUSES
The attached Appendix A, "Lee Tran General Conditions” which includes the requirements of
FTA C 4220.IF Mandatory Contract Clauses, is a part of this specification and shall take
precedence over the Detailed Specifications.
BASIS OF AWARD
The basis of award for this bid will be low quoter meeting specifications by a line item or overall
(Grand Total) basis, whichever is in the best interest of Lee County. If the low bidder is unable
to perform under the terms and conditions of the specification, Lee Tran reserves the right to
purchase from the second low bidder.
NOTE: Lee County reserves the right to reject unbalanced bids (a bid where a normally low
cost item is priced well out of the normal range).
MAJOR BREAKDOWNS/NATURAL DISASTERS
Lee County requires that the awarded vendor provide the name of a contact person and phone
number which will afford Lee County access twenty-four hours per day, 365 days per year, of
this product or service in the event of major breakdowns or natural disasters.
Lee County reserves the right to purchase the product or service listed in this quotation
elsewhere in an emergency situation.
DESIGNATED CONTACT
FORMAL BID NO.: B-130202
15
The awarded vendor shall appoint a person or persons to act as a primary contact for all County
departments. This person or back-up shall be readily available during normal work hours by
phone or in person, and shall be knowledgeable of the terms and procedures involved. The Lee
Tran contact person for the awarded contractor throughout the terms of the quote will be Robert
Southall, Transit Manager, (239) 533-0336, or his authorized representative
AFFIDAVIT CERTIFICATION IMMIGRATION LAWS
The attached document, Affidavit Certification Immigration Laws, is required and should be
submitted with your solicitation package. It must be signed and notarized. Failure to include
this affidavit with your response will delay the consideration and review of your submission; and
could result in your response being disqualified.
GENERAL REQUIREMENTS
A) The purpose of this specification is to identify for the contractor, the minimum
requirements the contractor must satisfy in providing remanufactured/rebuilt B300, B400R
and EV40 automatic transmissions to Lee County Transit (Lee Tran).
Even though Lee County requires both factory authorized remanufactured automatic
transmissions and factory authorized rebuilt automatic transmissions as listed above, for
simplicity, from this point forward this specification will refer to "rebuilt and rebuilding" in
lieu of "remanufactured".
B) Quoters will be required to have a “swing” rebuilt transmission model B300, B400R and
EV40 (as per specification) on hand to provide to Lee Tran to minimize the down time of a
bus.
C) Quoters must be an authorized Allison dealer or distributor and must so state on the
Proposal Quote Form. After opening, prior to award, contractors may be required to submit
proof of dealer/distributor status.
D) The transmission casing shall be visually inspected prior to pick-up by the contractor. Lee
Tran accepts no responsibility for any defective casings after pick-up.
E) The rebuilt transmission(s) price shall include all parts required to rebuild the transmission
and dynamometer testing, cleaning, repairing, and/or rebuilding, labor, and other
incidentals associated with rebuilding an B300, B400R and EV40.
F) The contractor shall furnish Lee Tran an analysis as to the cause of transmission failure.
This analysis shall be sent to:
6035 Landing View Road
Fort Myers, Florida 33907
ATTN.: Robert Southall
(239) 533-0336
FORMAL BID NO.: B-130202
16
G) The contractor shall pick-up and delivers transmission assemblies as part of the contract at
no cost to Lee Tran.
H) Lee Tran reserves the right to inspect the shop and facilities of a potential contractor to
determine whether or not they are proper and conductive to good work.
I) Regardless of the statements in this specification, the contractor shall be held responsible for
rebuilding Transmissions in a workmanlike and professional manner. All parts must fit and
function properly when installed in Lee Tran vehicles. Malfunctions shall be the
responsibility of the contractor.
TECHNICAL REQUIREMENTS
A) Transmissions must be rebuilt to Allison specifications.
B) No chargeback to Lee Tran will be allowed for damaged parts internally.
C) Core will be visually inspected at Lee Tran’s facility for any exterior damage or missing
parts and core acceptance or charges documented before core leaves the Lee Tran facility.
D) No additional charges to Lee Tran to program the E.C.U. to match the exchange
transmission.
E) There will be no freight charges billed to Lee Tran for delivery of exchange transmission
or for the return of accepted cores.
F) Transmission turnaround time will not exceed 2 working days from time of notification
from Lee Tran.
G) All Allison B300, B400R and EV40 exchange transmissions will also have Allison
approved steel thread inserts installed in each of the twelve filter cover retaining bolt holes
in the main case.
H) Only genuine Allison Transmission parts are to be used as replacement parts during
rebuild. The internal wiring and solenoids must be replaced on all B400R, B300, EV40
transmissions.
I) Each Allison B300, B400R and EV40 must be fully rebuilt in accordance with Allison
Transmission Service Manual Procedures, specifications, and service wear limits.
J) Each Allison Transmission must be rebuilt by trained labor that received B300, B400R and
EV40 series training from an Allison accredited transmission instructor.
FORMAL BID NO.: B-130202
17
K) Each transmission, upon completion of rebuild, must receive dynamometer testing,
whereby the main pressure shift calibration output torque and oil flow are confirmed as
being in accordance with the Allison Service Manual.
L) All transmissions, regardless if factory remanufactured or rebuilt, shall carry at a minimum
a 12-month warranty. The warranty on each B300, B400R and EV40 transmission
supplied must include the following:
1) Written warranty
2) Nationwide and standardized warranty with local authorized service outlets.
M) Warranty shall include shipping to and from Lee Tran garage, the cost to remove the
transmission from a bus (Lee Tran's labor rate of $76/hr.), and the cost to reinstall the
transmission in a bus.
N) Contractor has the option to remove and replace a defective transmission in a Lee Tran
bus, only if the work performed can be completed within a reasonable and timely fashion.
(Lee Tran will provide as much assistance as possible.) Replacement of a defective
transmission under this warranty, including labor to remove and reinstall the transmission,
shall be at no cost to Lee Tran.
O) Service time on a rebuilt transmission under warranty shall begin when the transmission is
put in service.
P) In the event Lee Tran has two or more buses out of service due to warrantable defects, and
the contractor does not respond within 3 working days, Lee Tran may perform this
repair/replacement and bill the contractor or purchase from the second lowest bidder.
Q) If the exchange core is accepted prior to leaving Lee Tran facility, there will be no core
charges to Lee Tran.
SUB-CONTRACTORS
The use of sub-contractors under this quote is not allowed without prior written authorization
from the County representative.
LOCAL BIDDER’S PREFERENCE
Note: In order for your firm to be considered for the local vendor preference, you must complete
and return the attached “Local Vendor Preference Questionnaire” with your quotation.
The Lee County Local Bidder’s Preference Ordinance No. 08-26 is being included as part of the
award process for this project. As such, Lee County at its sole discretion, may choose to award a
preference to any qualified “Local Contractor/Vendor” in an amount not to exceed 3 % of the
total amount quoted by that firm.
FORMAL BID NO.: B-130202
18
“Local Contractor / Vendor” shall mean: a) any person, firm, partnership, company or
corporation whose principal place of business in the sole opinion of the County, is located within
the boundaries of Lee/Collier County, Florida; or b) any person, firm, partnership, company or
corporation that has provided goods or services to Lee County on a regular basis for the
preceding consecutive three (3) years, and that has the personnel, equipment and materials
located within the boundaries of Lee/Collier County sufficient to constitute a present ability to
perform the service or provide the goods.
The County reserves the exclusive right to compare, contrast and otherwise evaluate the
qualifications, character, responsibility and fitness of all persons, firms, partnerships, companies
or corporations submitting formal bids or formal quotes in any procurement for goods or services
when making an award in the best interests of the County.
Special Requirements:
1. An appropriate "Indemnification" clause shall be made a provision of the contract.
2. It is the responsibility of the general contractor to insure that all subcontractors comply
with all insurance requirements.
AFFIDAVIT CERTIFICATION
IMMIGRATION LAWS
SOLICITATION NO.: __________ PROJECT NAME: _____________________________
LEE COUNTY WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY
CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS,
CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C.
SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT
(“INA”).
LEE COUNTY MAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF
UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH
VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN
SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION
OF THE CONTRACT BY LEE COUNTY.
BIDDER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE
IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT
AMENDMENTS).
Company Name:____________________________________________
Signature Title Date
FORMAL BID NO.: B-130202
19
STATE OF ___________________
COUNTY OF _________________
The foregoing instrument was signed and acknowledged before me this day of
20 , by who has produced
(Print or Type Name)
as identification.
(Type of Identification and Number)
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the
truth and accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY
RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS
EVIDENCE OF SERVICES PROVIDED, AT ANY TIME.
Minimum Insurance Requirements: Risk Management in no way represents that the
insurance required is sufficient or adequate to protect the vendors’ interest or liabilities. The
following are the required minimums the vendor must maintain throughout the duration of
this contract. The County reserves the right to request additional documentation regarding
insurance provided
a. Commercial General Liability - Coverage shall apply to premises and/or operations,
products and completed operations, independent contractors, contractual liability
exposures with minimum limits of:
$500,000 per occurrence
$1,000,000 general aggregate
$500,000 products and completed operations
$500,000 personal and advertising injury
b. Business Auto Liability - The following Automobile Liability will be required and
coverage shall apply to all owned, hired and non-owned vehicles use with minimum
limits of:
$500,000 combined single limit (CSL)
$300,000 bodily injury per person
$500,000 bodily injury per accident
$300,000 property damage per accident
FORMAL BID NO.: B-130202
20
c. Workers' Compensation - Statutory benefits as defined by FS 440 encompassing all
operations contemplated by this contract or agreement to apply to all owners, officers,
and employees regardless of the number of employees. Workers Compensation
exemptions may be accepted with written proof of the State of Florida’s approval of such
exemption. Employers’ liability will have minimum limits of:
$100,000 per accident
$100,000 disease limit
$500,000 disease – policy limit
*The required minimum limit of liability shown in a; b; c; may be provided in the form of
“Excess Insurance” or “Commercial Umbrella Policies.” In which case, a “Following Form
Endorsement” will be required on the “Excess Insurance Policy” or “Commercial Umbrella
Policy.”
Verification of Coverage:
1. Coverage shall be in place prior to the commencement of any work and throughout the
duration of the contract. A certificate of insurance will be provided to the Risk Manager
for review and approval. The certificate shall provide for the following:
a. The certificate holder shall read as follows:
Lee County Board of County Commissioners
P.O. Box 398
Fort Myers, Florida 33902
b. “Lee County, a political subdivision and Charter County of the State of Florida,
its agents, employees, and public officials” will be named as an "Additional Insured"
on the General Liability policy, including Products and Completed Operations
coverage.
LEE COUNTY PROCUREMENT MANAGEMENT - BIDDERS CHECK LIST
IMPORTANT: Please read carefully and return with your bid proposal. Please check
off each of the following items as the necessary action is completed:
1. The Solicitation has been signed and with corporate seal (if applicable).
2. The Solicitation prices offered have been reviewed (if applicable).
____ 3. The price extensions and totals have been checked (if applicable).
4. Substantial and final completion days inserted (if applicable).
5. The original (must be manually signed) and 1 hard copy original and
others as specified of the Solicitation has
been submitted.
6. Two (2) identical sets of descriptive literature, brochures and/or data (if
required) have been submitted under
separate cover.
7. All modifications have been acknowledged in the space provided.
8. All addendums issued, if any, have been acknowledged in the space
provided.
9. Licenses (if applicable) have been inserted.
10. Erasures or other changes made to the Solicitation document have
been initialed by the person signing the
Solicitation.
11. Contractor’s Qualification Questionnaire and Lee County Contractor
History (if applicable).
12. DBE Participation form completed and/or signed or good faith
documentation.
13. Bid Bond and/or certified Check, (if required) have been submitted
with the Solicitation in amounts indicated.
14. Any Delivery information required is included.
15. Affidavit Certification Immigration Signed and Notarized
16. Local Bidder Preference Affidavit (if applicable)
17. The mailing envelope has been addressed to:
{OR788720;4} 1
MAILING ADDRESS PHYSICAL ADDRESS
Lee County Procurement Mgmt. Lee County Procurement Mgmt.
P.O. Box 398 or 1825 Hendry St 3rd
Floor
Ft. Myers, FL 33902-0398 Ft. Myers, FL 33901
18. The mailing envelope MUST be sealed and marked with:
Solicitation Number
Opening Date and/or Receiving Date
19. The Solicitation will be mailed or delivered in time to be received no
later than the specified opening date and time. (Otherwise Solicitation
cannot be considered or accepted.)
20. If submitting a “NO BID” please write Solicitation number here
__________ and check one of the following:
______ Do not offer this product
_______Insufficient time to respond.
______ Unable to meet specifications (why)
______ Unable to meet bond or insurance requirement.
Other: _____________________________________________________
Company Name and Address:
________________________________
________________________________
{OR788720;4} 2
LEETRAN
FTA CERTIFICATIONS
Federally Required Certifications
1. Buy America Requirements* (over $100,000)
2. Bus Testing* (Vehicle Procurement over $100,000)
3. Pre-Award and Post Delivery Audit Requirements* (Vehicle Procurement over $100,000)
4. Lobbying* (over $100,000)
5. Debarment and Suspension* (over $25,000)
* Please sign and return the applicable FTA Certification
BUY AMERICA REQUIREMENTS
For contracts over $100,000
49 U.S.C. 5323(j)
49 CFR Part 661
The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition of Goods or Rolling Stock (valued at more than
$100,000).
The contractor agrees to comply with 49 U.S.C. 5323(j) 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. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in
the United States and have a 60 percent domestic content.
A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers
on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied
by a completed Buy America certification must be rejected as nonresponsive.
Buy America Certification requirement for procurement of steel, iron,
or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the
applicable regulations in 49 C.F.R. Part 661.5.
Date _______________________________________________________________________________________
Print Name of Authorized Official__________________________________________________
Title _______________________________________________________________________________________
Signature of Authorized Official __________________________________________________________________
{OR788720;4} 3
Company Name ______________________________________________________________________________
Company Address ______________________________________________________________
BUY AMERICA CERTIFICATION FOR BUSES, OTHER ROLLING STOCK AND
ASSOCIATED EQUIPEMENT
For contracts over $100,000
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. 5323(j)(2)(C)
and the regulations at 49 C.F.R. Part 661.11.
Date _______________________________________________________________________________________
Print Name of Authorized Official__________________________________________________
Title _______________________________________________________________________________________
Signature of Authorized Official __________________________________________________________________
Company Name ______________________________________________________________________________
Company Address ______________________________________________________________
{OR788720;4} 4
BUS TESTING For contracts over $100,000
49 U.S.C. 5323(c)
49 CFR Part 665
The Bus Testing requirements pertain only to the acquisition of Rolling Stock/Turnkey.
The Bus Testing requirements should not flow down, except to the turnkey contractor as stated in Master
Agreement.
Bus Testing - The Contractor or 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, For
contracts over $100,000
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 _______________________________________________________________________________________
Print Name of Authorized Official__________________________________________________
Title _______________________________________________________________________________________
Signature of Authorized Official __________________________________________________________________
Company Name ______________________________________________________________________________
Company Address ______________________________________________________________
{OR788720;4} 5
PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS
For contracts over $100,000
49 U.S.C. 5323
49 CFR Part 663
These requirements apply only to the acquisition of Rolling Stock/Turnkey.
These requirements should not flow down, except to the turnkey contractor as stated in Master Agreement.
- Buy America certification is mandated under FTA regulation, "Pre-Award and Post-Delivery Audits of
Rolling Stock Purchases," 49 C.F.R. 663.13.
-- Specific language for the Buy America certification is mandated by FTA regulation,
"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 5323(j).
Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. §
5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following
certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying
compliance 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 5323(j)(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 _______________________________________________________________________________________
Print Name of Authorized Official__________________________________________________
Title _______________________________________________________________________________________
{OR788720;4} 6
Signature of Authorized Official __________________________________________________________________
Company Name ______________________________________________________________________________
Company Address ______________________________________________________________
LOBBYING
For contracts over $100,000
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling
Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts.
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.
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.
Date _______________________________________________________________________________________
Print Name of Authorized Official__________________________________________________
Title _______________________________________________________________________________________
Signature of Authorized Official __________________________________________________________________
Company Name ______________________________________________________________________________
Company Address ______________________________________________________________
{OR788720;4} 7
DEBARMENT, SUSPENSION, INELIGIBILTY, AND VOLUNTARY EXCLUSION
REQUIREMENTS for Contracts over $25,000
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.
The bidder or proposer certifies as follows:
1. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, Lee County may pursue available remedies, including suspension and/or
debarment.
2. The prospective lower tier participant shall provide immediate written notice to Lee County if at any time
the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
3. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
:"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549 [49 CFR Part 29]. You may contact Lee County for assistance in obtaining a copy of
those regulations.
4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized in writing by Lee County.
5. The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the Nonprocurement List issued by U.S. General Service Administration.
7. Nothing contained in the foregoing shall be construed to require establishment of system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
8. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all
remedies available to the Federal Government, Lee County may pursue available remedies including
suspension and/or debarment.
{OR788720;4} 8
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
(Contracts over $25,000).
The contractor certifies, that neither it nor its “principals” as defined in CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any governmental department or agency.
Date _______________________________________________________________________________________
Print Name of Authorized Official__________________________________________________
Title _______________________________________________________________________________________
Signature of Authorized Official __________________________________________________________________
Company Name ______________________________________________________________________________
Company Address ______________________________________________________________
{OR788720;4} 9
EXHIBIT E
LEE COUNTY TRANSIT
GENERAL PROVISIONS DOCUMENT 1.01 PROVISIONS APPLICABLE TO ALL CONTRACTS ............................................... 0
1.01.01. Accident Prevention .......................................................................................... 0
1.01.02. Americans with Disabilities Act ....................................................................... 0
1.01.03. Application Of Federal Laws Clause ................................................................ 0
1.01.04. Audits and Inspection ....................................................................................... 0
1.01.05. Civil Rights ....................................................................................................... 1
1.01.06. Compliance With
Law…………………………………………………
1.01.07. Composition Of Contractor............................................................................... 1
1.01.08. 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
1.01.09. Disadvantaged Business Enterprise .................................................................. 2
1.01.10. Energy Conservation ......................................................................................... 2
1.01.11. Federal Assistance and Incorporation of Federal Transit
Administration (FTA) Terms ............................................................................ 2
1.01.12. Federal Changes ................................................................................................ 3
1.01.13. Federal, State And Local Taxes ........................................................................ 3
1.01.14. Fly America Requirements ............................................................................... 3
1.01.15. Indemnification ................................................................................................. 3
1.01.16. Independent Contractor ..................................................................................... 3
1.01.17. Interest Of Public Officials ............................................................................... 3
1.01.18. Material and Workmanship............................................................................... 4
1.01.19. No Obligation by the Federal Government ....................................................... 4
1.01.20. Organization And Direction Of The Work ....................................................... 4
1.01.21. Publicity Releases ............................................................................................. 4
1.01.22. Prohibition Against Contingent Fees ................................................................ 5
1.01.23. Program Fraud and False or Fraudulent Statements or Related
Acts ................................................................................................................... 5
1.01.24. Program Funding .............................................................................................. 5
1.01.25. Subcontractors and Outside Consultants .......................................................... 5
1.01.26. Termination ....................................................................................................... 5
1.01.27. Truth in Negotiation .......................................................................................... 7
1.02 PROVISIONS APPLICABLE ONLY TO CONTRACTS
EXCEEDING TEN THOUSAND DOLLARS ($10,000) .............................................. 7 1.02.01. Recovered Materials ......................................................................................... 7
1.02.02. Approval of Materials ....................................................................................... 7
1.02.03. Changes ............................................................................................................. 7
1.02.04. Errors And Omissions ....................................................................................... 8
1.02.05. Insurance ........................................................................................................... 9
1.02.06. Notice Of Labor Disputes ............................................................................... 10
{OR788720;4} 10
1.03 PROVISIONS APPLICABLE ONLY TO CONTRACTS
EXCEEDING TWENTY FIVE THOUSAND DOLLARS ($25,000) ........................ 10 1.03.01. Suspension and Debarment ............................................................................. 10
1.04 PROVISIONS APPLICABLE ONLY TO CONTRACTS
EXCEEDING ONE HUNDRED THOUSAND DOLLARS ($100,000) ..................... 11 1.04.01. Bonding ........................................................................................................... 11
1.04.02. Claims for Damages ........................................................................................ 14
1.04.03. Clean Air and Clean Water ............................................................................. 14
1.04.04. Contract Work Hours and Safety Standards ................................................... 14
1.04.05. Disputes........................................................................................................... 15
1.04.06. Lobbying ......................................................................................................... 16
1.04.07. Performance During Dispute .......................................................................... 16
1.04.08. Rights and Remedies....................................................................................... 16
1.05 PROVISIONS APPLICABLE ONLY TO CONTRACTS
EXCEEDING FIVE HUNDRED THOUSAND DOLLARS ($500,000) .................... 16 1.05.01. Notification of Federal Participation .............................................................. 16
1.06 PROVISIONS RELATING TO ARCHITECTURAL AND
ENGINEERING SERVICES CONTRACTS............................................................... 16 1.06.01. Seismic Safety ................................................................................................. 16
1.06.02. Special Termination Provisions ...................................................................... 17
1.07 PROVISIONS RELATING TO CONSTRUCTION CONTRACTS ......................... 17 1.07.01. Buy America ................................................................................................... 17
1.07.02. Cargo Preference - Use of United States-Flag Vessels ................................... 17
1.07.03. Cleaning Up .................................................................................................... 18
1.07.04. Continuing The Work ..................................................................................... 18
1.07.05. Cooperation Of Contractor ............................................................................. 18
1.07.06. Davis-Bacon and Copeland Anti-Kickback Acts ........................................... 18
1.07.07. Differing Site Conditions ................................................................................ 26
1.07.08. Layout Of Work .............................................................................................. 27
1.07.09. Maintenance During Construction .................................................................. 27
1.07.10. Occupational Safety and Health ("OSHA") .................................................... 27
1.07.11. Operations And Storage Areas........................................................................ 28
1.07.12. Protection Of Vegetation, Structures, Equipment & Utilities ......................... 28
1.07.13. Safety .............................................................................................................. 29
1.07.14. Schedules For Construction Contracts ............................................................ 29
1.07.15. Seismic Safety ................................................................................................. 30
1.07.16. Special Termination for Default Provisions ................................................... 30
1.07.17. Specifications And Drawings ......................................................................... 31
1.07.18. Suspension Of Work ....................................................................................... 32
1.07.19. Use And Possession Prior To Completion ...................................................... 33
1.07.20. Utilities ............................................................................................................ 33
1.08 PROVISIONS RELATING TO INTELLIGENT
TRANSPORTATION SYSTEMS PROJECTS ........................................................... 33 1.08.01. Conformance with ITS National Architecture ................................................ 33
1.09 PROVISIONS RELATING TO MATERIALS AND SUPPLIES
CONTRACTS ................................................................................................................. 33 1.09.01. Buy America ................................................................................................... 33
{OR788720;4} 11
1.09.02. Cargo Preference - Use of United States-Flag Vessels ................................... 34
1.09.03. Certificate Of Conformance ............................................................................ 34
1.10 PROVISIONS RELATING TO OPERATIONS/ MANAGEMENT
CONTRACTS ................................................................................................................. 35 1.10.01. Charter Service Operations ............................................................................. 35
1.10.02. Drug and Alcohol Testing ............................................................................... 35
1.10.03. School Bus Operations .................................................................................... 35
1.10.04. Transit Employee Protective Provisions ......................................................... 35
1.11 PROVISIONS RELATING TO RESEARCH AND DEVELOPMENT
CONTRACTS ................................................................................................................. 36 1.11.01. Patent Rights ................................................................................................... 36
1.11.02. Rights in Data ................................................................................................. 37
1.12 PROVISIONS RELATING TO ROLLING STOCK PURCHASE
CONTRACTS ................................................................................................................. 39 1.12.01. Bus Testing ..................................................................................................... 39
1.12.02. Buy America ................................................................................................... 40
1.12.03. Cargo Preference - Use of United States-Flag Vessels ................................... 40
1.12.04. Pre-Award and Post Delivery Audit Requirements ........................................ 40
1.13 DEFINITIONS. ............................................................................................................... 41
LEE COUNTY TRANSIT
GENERAL PROVISIONS DOCUMENT
1.01 PROVISIONS APPLICABLE TO ALL CONTRACTS
1.01.01. Accident Prevention. The Contractor shall provide and
maintain Work environments and procedures, which will safeguard the public and
LEETRAN personnel, property, materials, supplies, and equipment exposed to
Contractor operations and activities; avoid interruptions of LEETRAN operations and
delays in project completion dates; and control costs in the performance of the Contract.
Whenever the Contracting Officer becomes aware of any noncompliance with these
requirements or any condition which poses a serious or imminent danger to the health or
safety of the public or LEETRAN personnel, the Contracting Officer shall notify the
Contractor orally, with written confirmation, and request immediate initiation of
corrective action. This notice, when delivered to the Contractor or the Contractor’s
representative at the work site, shall be deemed sufficient notice of the noncompliance
and that corrective action is required. After receiving the notice, the Contractor shall
immediately take corrective action. If the Contractor fails or refuses to promptly take
corrective action, the Contracting Officer may issue an order stopping all or part of the
Work until satisfactory corrective action has been taken. The Contractor shall not be
entitled to any equitable adjustment of the Contract price or extension of the performance
schedule on any stop work order issued under this clause. The Contractor shall insert this
clause with appropriate changes in the designation of the parties, in subcontracts.
1.01.02. Americans with Disabilities Act. All design and
construction must be accessible to individuals with disabilities pursuant to Titles II and
III of the Americans with Disabilities Act.
1.01.03. Application Of Federal Laws Clause. Contractor
understands that Federal, state and local laws, regulations, policies, and related
administrative practices ("Laws") applicable to the Contract on the date the Contract was
executed (the "Execution Date") may be modified from time to time, or new Laws may
be established after the Execution Date. Contractor agrees that the most recent of such
Laws will govern the administration of the Contract at any particular time, unless there is
sufficient evidence in the Contract of a contrary intent. Such contrary intent might be
evidenced by express language in the Contract, or a letter signed by the Federal Transit
Administrator, the language of which modifies or otherwise conditions the text of a
particular provision of the Contract.
1.01.04. Audits and Inspection. The Contractor shall maintain
books, records, documents, and other evidence directly pertinent to performance of the
Work under the Contract in accordance with generally accepted accounting principles
and practices consistently applied and Federal Acquisition Regulation Parts 30 and 31 (48
C.F.R. 30 and 31). The Contractor shall also maintain the financial information and data
used by the Contractor in the preparation or support of the cost submissions required for
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the Contract, or any Change Order or claim, and a copy of the cost summary submitted to
LEETRAN. LEETRAN, the U.S. Government, and the State Government or their
authorized representatives shall have access, at all times during normal business hours, to
such books, records, documents, and other evidence for the purpose of inspection, audit,
and copying. The Contractor will provide proper facilities for such access and
inspection. The rights granted LEETRAN and the government under this provision shall
remain in full force and effect for the longer of: (a) three (3) years after termination of the
Contract for whatever reason, or (b) the date on which all litigation, appeals, claims or
exceptions related to any litigation or settlement of claims arising from the performance
of the Contract are resolved or otherwise terminated. The foregoing record keeping
obligations shall extend to any subcontractor performing Work valued in excess of ten
thousand dollars ($10,000.00). In addition, with respect to major capital projects,
Contractor agrees to provide access to Contractor's records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. §5302(a)(1), which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or
5311.
1.01.05. Civil Rights. 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 accordance with the following Federal
statutes and regulations, and any other implementing regulations issued pursuant to the:
Civil Rights Act as amended, Titles VI (42 U.S.C. Sec. 2000d) and VII (42 U.S.C. Sec.
2000e); Age Discrimination Act of 1975, as amended, Sec. 303 (42 U.S.C. 6102); Age
Discrimination Action of 1967 as amended, Sec. 4 (29 U.S.C. Sec 623); Americans with
Disabilities Act of 1990, as amended, Sec. 202 (42 U.S.C. 12132), and Sec. 102 (42
U.S.C. Sec. 12112) and implementing regulations (29 C.F.R. Part 1630), Federal transit
law (49 U.S.C. Sec. 5332); Executive Order 11246, as amended by Executive Order
11375 42 U.S.C. Sec. 2000e note) and implementing regulations (41 C.F.R. Parts 60 et
seq.). The Contractor also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by the Federal Transit
Administration.
1.01.06. Compliance With Law. Contractor shall perform all
Work hereunder in compliance with all applicable federal, state and local laws and
regulations, including, but not limited to, any applicable licensing or permitting laws.
The Contractor shall use only licensed personnel to perform Work required by law to be
performed by such personnel and shall bear the costs of obtaining all necessary licenses
and permits.
1.01.07. Composition Of Contractor. If the Contractor hereunder
is comprised of more than one legal entity, each such entity shall comply with the
requirements contained herein.
1.01.08.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:
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(a) 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, 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.
(b) 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.
1.01.09. Disadvantaged Business Enterprise. Contractor will
conform to 49 C.F.R. Part 26. LeeTran has established goals for the use of DBE
subcontractors, and encourages the use of small business and veterans.
1.01.10. Energy Conservation. Contractor agrees to comply
with mandatory standards and policies relating to energy efficiency which are
contained in the Florida energy conservation plan issued in compliance with the
Energy Policy and Conservation Act.
1.01.11 Federal Assistance and Incorporation of Federal
Transit Administration (FTA)Terms. The procurements under
the Contract may be supported in part by Federal assistance under grants made by the
Department of Transportation, Federal Transit Administration, pursuant to the Federal
Transit Laws, 49 U.S.C. Chapter 53; Transportation Equity Act for the 21st Century 1998
(TEA-21), P.L. 105-178 as amended, TEA-21 Restoration Act 1998, P.L. 105-206;
Sections 401 and 1555 of the Federal Acquisition Streamlining Act of 1994, 41 U.S.C.
§403(11) and 40 U.S.C. §481(b), respectively; 49 C.F.R. Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments; 49 C.F.R. Part 19, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations; Executive Order 12612, "Federalism," dated 10-26-1987; FTA Circular
5010.1C, "Grant Management Guidelines" dated 10-1-98; FTA Master Agreement;
Appendix D, Best Practices Procurement Manual. When so funded, the Contract shall be
subject to all rules and regulations promulgated pursuant thereto, as they may be
amended from time to time during the course of the Contract. The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the Contract. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1F, as the same may be amended or superseded from time to
time, are hereby incorporated by reference. Anything to the contrary, herein not
withstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in the Contract. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any LEETRAN
requests which would cause LEETRAN to be in violation of the FTA terms and
conditions.
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1.01.12 Federal Changes. Contractor shall at all times comply with all
applicable FTA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the FTA Master Agreement (Form FTA
MA (10) dated October 1, 2003) between Owner and FTA, as they may be amended or
promulgated from time to time during the term of the Contract. Contractor’s failure to so
comply shall constitute a material breach of the Contract.
1.01.13 Federal, State And Local Taxes. The Contract price
includes all applicable federal, state, and local taxes and duties. LEETRAN is exempt
from state and local sales and use taxes. In addition, any such taxes included on any
invoice or voucher received by LEETRAN shall be deducted from the amount of the
invoice or voucher for purposes of payment.
1.01.14 Fly America Requirements. The Contractor agrees to
comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General
Services Administration's regulations at 41 C.F.R. Part 301-10, which provide that
recipients and subrecipients of Federal funds and their contractors are required to use
U.S. Flag air carriers for U.S. Government-financed international air travel and
transportation of their personal effects or property, to the extent such service is available,
unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America
Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier
was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. The
Contractor agrees to include the requirements of this section in all subcontracts that may
involve international air transportation.
1.01.15 Indemnification. Contractor shall fully indemnify and
hold harmless LEETRAN and all of its directors, officers, employees, and agents from all
claims demands, causes of action, damages, losses, and expenses (including attorney's
fees), of whatsoever nature, character, or description that any person or entity has or may
have arising out of or related to the breach of or failure to perform the Contract or any
subcontracts hereunder or resulting from any negligent act, omission, misconduct, or fault
of the Contractor or subcontractors and their employees and agents.
1.01.16 Independent Contractor. The Contractor at all times
shall be an independent contractor. The Contractor shall be fully responsible for all acts
and omissions of its employees, subcontractors, and their suppliers, and shall be
specifically responsible for sufficient supervision and inspection to ensure compliance in
every respect with the Contract requirements. There shall be no contractual relationship
between any subcontractor and supplier of the Contractor and LEETRAN by virtue of the
Contract. No provision of the Contract shall be for the benefit of any party other than
LEETRAN and the Contractor.
1.01.17 Interest Of Public Officials. Contractor represents and
warrants that no employee, official, or member of the Board, during his or her tenure or
two years thereafter, is or will have a pecuniary interest or benefit directly or indirectly
from the Contract or the proceeds thereof. Contractor further represents and warrants that
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it has not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to
any employee, official, or member of the Board. For breach of any representation or
warranty in this clause, LEETRAN shall have the right to annul the Contract without
liability and/or have recourse to any other remedy it may have at law.
1.01.18 Material and Workmanship. All equipment, material,
and articles incorporated into the Work covered by the Contract shall be new and of the
most suitable grade for the purpose intended, unless otherwise specifically provided in
the Contract. References in the specifications to equipment, material, articles, or patented
processes by trade name, make, or catalog number, shall be regarded as establishing a
standard of quality and shall not be construed as limiting competition. The Contractor at
its option, may use any equipment, material, article, or process that, in the judgment of
the Contracting Officer, is equal to that named in the specifications, unless otherwise
specifically provided in the Contract.
1.01.19 No Obligation by the Federal Government. Contractor and
LEETRAN 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 of the Federal Government, the Federal Government is not a party to the
Contract and shall not be subject to any obligations or liabilities to LEETRAN, the
Contractor or any other party pertaining to any matter resulting from the underlying
Contract. Contractor further agrees to include this clause, without modification, in any
subcontract issued hereunder.
1.01.20 Organization And Direction Of The Work. When the Contract
is executed, the Contractor shall, at the request of the Project Manager, submit to the
Project Manager a chart showing the general executive and administrative organization,
the personnel to be employed concerning the Work under the Contract, and their
respective duties. The Contractor shall keep the data furnished current by supplementing
it, as additional information becomes available. Work performance under the Contract
shall be under the full-time resident direction of:
(a) The Contractor, if the Contractor is an individual;
(b) One or more principal partners, if the Contractor is a partnership;
or
(c) One or more senior officers, if Contractor is a corporation,
association, or similar legal entity. However, if the Contracting Officer approves, a
specific person may represent the Contractor in the direction of the Work or persons
holding positions other than those identified in this paragraph.
1.01.21 Publicity Releases. All publicity releases or releases of reports,
papers, article, maps or other documents in any way concerning the Contract or the Work
hereunder which the Contractor or any of its subcontractor desires to make for purposes
of publication in whole or in part, shall be subject to approval by the Contracting Officer
prior to release.
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1.01.22 Prohibition Against Contingent Fees. Contractor warrants that
Contractor has not employed or retained any company or person, other than a bona fide
employee working solely for Contractor to solicit or secure the Contract and that
Contractor has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for Contractor any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of the Contract. For the breach or violation of this provision, the Executive
Director shall have the right to terminate the Contract without liability and, at its
discretion, to deduct from the Contract price, or otherwise recover the full amount of such
fee, commission, percentage, gift or consideration.
1.01.23 Program Fraud and False or Fraudulent Statements or
Related Acts. Contractor agrees that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. Sec. 3801 et seq. and U.S. DOT
regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31 apply to its actions
pertaining to the Contract. Upon execution of the underlying Contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has make, it makes, it
may make, or causes to be made, pertaining to the underlying Contract or the FTA
assisted project for which the 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. 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. Contractor further agrees to include this clause,
without modification, in any subcontract issued hereunder.
1.01.24 Program Funding. LEETRAN's performance and
obligations to pay under the Contract are contingent upon the availability of various
Federal, State and local funding.
1.01.25 Subcontractors and Outside Consultants. Any subcontractors
and outside associates or consultants required by the Contractor concerning the services
covered by the Contract will be limited to such individuals or firms as were specifically
identified and agreed to by LEETRAN concerning the award of the Contract. Any
substitution in such subcontracts, associates, or consultants will be subject to the prior
approval of the Contracting Officer.
1.01.26 Termination.
(a) Termination For Convenience. LEETRAN may terminate the
Contract, in whole or in part, at any time and for any reason by written notice to the
Contractor when it is in the best interest of LEETRAN. The Contractor shall be paid its
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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
LEETRAN to be paid to the Contractor. If the Contractor has any property in its
possession belonging to LEETRAN, the Contractor will account for the same, and
dispose of it in the manner LEETRAN directs.
(b) Termination for Default. If the Contractor fails to make delivery
of the goods or to perform the services within the time specified herein or any extension
thereof; or if the Contractor fails to perform any of the other provisions of the Contract,
or so fails to make progress as to endanger performance of the Contract in accordance
with its terms and, in either of these two circumstances, does not cure such failure
within a period of ten (10) days after receiving such notice from LEETRAN, thereafter,
LEETRAN may terminate the Contract for default and have the Work completed and
the Contractor shall be liable for any resulting cost to LEETRAN. In the event of
termination for 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, 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 LEETRAN.
(c) Termination Due to Insufficient Funds. If at any time during the
term of the Contract the LEETRAN Governing Board makes a determination that
LEETRAN has insufficient funds with which to carry out its performance and
obligations under the Contract, then LEETRAN may terminate the Contract by
delivering a notice of termination to the Contractor. The effective date of any
termination shall be the date which is thirty (30) days following the delivery of the
notice of termination or such later date, if any, specified in the notice of termination.
The Contractor shall be paid its costs, including Contract closeout costs, and profit on
Work performed up to the time of termination. The Contractor shall promptly submit
its claim for final payment to LEETRAN.
(d) Termination Due to Failure to Receive a Grant or other
Funding Device. If at any time during the term of the Contract LEETRAN ceases to
receive a grant or other funding device from a third party with which it intended to pay
for the goods or services Contracted for, then, unless otherwise directed by the
LEETRAN Governing Board, LEETRAN may terminate the Contract by delivering a
notice of termination to the Contractor. The effective date of any termination shall be
the date which is thirty (30) days following the delivery of the notice of termination or
such later date, if any, specified in the notice of termination. The Contractor shall be
paid its costs, including Contract closeout costs, and profit on Work performed up to the
time of termination. The Contractor shall promptly submit its claim for final payment
to LEETRAN.
(e) Damages Upon Termination. Any damages to be assessed to the
Contractor as a result of a default termination or any claim by Contractor for costs
resulting from a termination for convenience by LEETRAN, a termination due to
insufficient funds by LEETRAN, or a termination due to a failure to receive a grant or
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other funding device by LEETRAN will be computed and allowable in accordance with
federal regulations in effect at the time of termination.
1.01.27 Truth in Negotiation. Contractor agrees to execute a
Truth-in-Negotiation Certificate in accordance with Florida Statutes §287.055 stating that
the wage rates and other factual unit costs supporting the compensation are accurate,
complete, and current at the time of contracting.
1.02 PROVISIONS APPLICABLE ONLY TO CONTRACTS
EXCEEDING TEN THOUSAND DOLLARS ($10,000)
1.02.01 Recovered Materials. With respect to contracts for items
designated by the Environmental Protection Agency, when LEETRAN procures at least
Ten Thousand Dollars ($10,000) of such materials per year, 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 C.F.R. Part 247, and Executive Order 12873, as they apply to
the procurement of the items designated in Subpart B of 40 C.F.R. Part 247.
1.02.02 Approval of Materials. When required by the Contract or
by the Contracting Officer, the Contractor shall obtain the Contracting Officer’s approval
of the material or articles, which the Contractor contemplates incorporating into the work.
When requesting approval, the Contractor shall furnish to the Contracting Officer full
information concerning the material or articles, including, but not limited to the name of
the manufacturer, the model number, and other information concerning the performance,
capacity, nature, and rating of the machinery and mechanical and other equipment. When
directed to do so by the Contracting Officer, the Contractor shall submit samples for
approval at the Contractor’s expense, with all shipping charges prepaid. Machinery,
equipment, material, and articles that do not have the required approval shall be installed
or used at the risk of subsequent rejection. All Work under the Contract shall be
performed in a skillful and workmanlike manner, unless a higher standard of care is
specified. The Contracting Officer may require, in writing, that the Contractor removes
from the Work any employee the Contracting Officer deems incompetent, careless, or
otherwise objectionable.
1.02.03 Changes.
(a) The Contracting Officer may, at any time, without notice to the
sureties, if any, by written order designated or indicated to be a change order, make
changes in the Work within the general scope of the Contract, including changes:
(i) In the specifications (including drawings and designs);
(ii) In the method or manner of performance of the work;
(iii) In the Government-furnished facilities, equipment,
materials, services, or site; or
(iv) Directing acceleration in the performance of the work.
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(b) Any other written or oral order (which, as used in this paragraph
(b), includes direction, instruction, interpretation, or determination) from the
Contracting Officer that causes a change shall be treated as a change order under this
clause, provided, that the Contractor gives the Contracting Officer written notice
stating:
(i) The date, circumstances, and source of the order; and
(ii) That the Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement, or conduct
of the Contracting Officer shall be treated as a change under this clause or entitle the
Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease in
the Contractor’s cost of, or the time required for, the performance of any part of the
Work under the Contract, whether or not changed by any such order, the Contracting
Officer shall make an equitable adjustment and modify the Contract in writing.
However, except for an adjustment based on defective specifications, no adjustment for
any change under paragraph (b) of this clause shall be made for any costs incurred more
than twenty (20) days before the Contractor gives written notice as required.
(e) In the case of defective specifications for which the Government is
responsible, the equitable adjustment shall include any increased cost reasonably
incurred by the Contractor in attempting to comply with the defective specifications.
(f) The Contractor must assert its right to an adjustment under this
clause within thirty (30) days after:
(i) Receipt of a written change order under paragraph (a) of
this clause or
(ii) The furnishing of a written notice under paragraph (b) of
this clause, by submitting to the Contracting Officer a written statement
describing the general nature and amount of the proposal, unless this
period is extended by the Government. The statement of proposal for
adjustment may be included in the notice under paragraph (b) above.
(g) No proposal by the Contractor for an equitable adjustment shall be
allowed if asserted after final payment under the Contract.
1.02.04 Errors And Omissions. Notwithstanding the provision of
data supplied by LEETRAN, the Contractor shall have the responsibility of supplying all
details required to make the product or service complete and ready for use although such
details may not be specifically mentioned in the specifications. The Contractor shall take
no advantage of any apparent error or omission, which he might discover in the plans or
specifications, but shall forthwith notify the Contracting Officer of such discovery, who
will then make such corrections and interpretations as he deems necessary for reflecting
the actual spirit and intent of the plans and specifications.
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1.02.05 Insurance. The Contractor shall, at all times during the
term of the Contract and extended terms thereof, provide and maintain the following
types of insurance protecting the interests of LEETRAN and the Contractor with limits of
liability not less than those specified below.
(a) Worker's Compensation Insurance: Providing statutory benefits
as provided under the Workers' Compensation Act of the State of Florida and/or any
other state or Federal law or laws applicable to the Contractor's employees performing
Work under the Contract.
(b) Employers' Liability Insurance: With limits of liability of not less
than $100,000 each accident, $100,000 each employee for disease, and $500,000 policy
limit for disease. This insurance must be endorsed with a Waiver of Subrogation
Endorsement, waiving the carrier's right of recovery under subrogation or otherwise
from LEETRAN.
(c) Commercial General Liability: In the following amounts: Bodily
Injury and Property Damage $100,000 each occurrence/$300,000 general aggregate;
$100,000 products/completed operations aggregate. There shall not be any policy
exclusions or limitations for the following coverages: Contractual Liability covering the
Contractor's obligations herein; Personal Injury - Medical Payments; Broad Form -
Property Damage; Fire Damage; Legal Liability; Liability for Independent Contractors.
(d) Comprehensive Automobile Liability: Insurance covering all
owned or hired and non-owned vehicles used concerning the Work performed under the
Contract with limits of liability not less than $100,000 each person and $300,000 each
accident for bodily injury and $100,000 each occurrence for property damage or a
combined single limit for bodily injury and property damage liability of not less than
$500,000.
(e) Certificates of Insurance: Before commencing prosecution of the
Contract, Contractor shall mail to LEETRAN Certificates of Insurance satisfactory to
LEETRAN from each insurance company evidencing the insurance as required above is
in force, stating policy number(s), dates of expiration and limits of liability thereunder.
All copies of policies and Certificates of Insurance submitted to LEETRAN shall be in
form and content acceptable to LEETRAN.
(f) Approval of Forms and Companies: An insurance company or
companies satisfactory to the Contracting Officer and licensed to do business in Florida
shall write all insurance described in the Contract. Insurance shall be in form and
content satisfactory to the Contracting Officer. No party subject to the provisions of the
Contract shall violate or knowingly permit to be violated any of the provisions of the
policies of insurance described herein. Except as may otherwise specifically be
provided herein to the contrary, all policies of insurance which are in any way related to
the Work required by the Contract shall be endorsed to LEETRAN waiving the issuing
insurance company's rights of recovery against LEETRAN whether by way of
subrogation or otherwise. All insurance should be provided by insurance companies
with a Best's Rating of B+ or better.
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(g) Additional Insured Endorsement: The policy or policies
providing Commercial General Liability, Automobile Liability and as required above
shall be endorsed to name LEETRAN, its officers, directors, employees and assigns as
Additional Named Insured as respects operations performed by or on behalf of the
Contractor in performance of the Contract.
(h) Notice of Cancellation or Material Change: Policies and/or
certificates shall specifically provide a thirty- (30) day notice of cancellation,
non-renewal, or material change to be sent to LEETRAN.
(i) Subcontractors: If any part of the Work is sublet, the Contractor
shall require any and all subcontractors performing Work under the Contract to carry
insurance of the type and limits of liability as the Contractor shall deem appropriate and
adequate. In the event, a subcontractor is unable to furnish adequate insurance as
provided above, the Contractor shall endorse the subcontractor as an Additional
Insured. The Contractor shall obtain and furnish to LEETRAN certificates of insurance
evidencing subcontractors' insurance coverage.
(j) Multiple Policies: A single policy of insurance or a combination
of primary, excess or umbrella liability policies as required above may provide the
limits of liability. Nevertheless, in no event shall the total limit of liability for any one
occurrence or accident be less than the amount shown above.
(k) Deductibles: Companies issuing the insurance policies and the
Contractor shall have no recourse against LEETRAN for payment of any premiums or
assessments for any deductibles, as all such premiums and deductibles are the sole
responsibility and risk of the Contractor.
1.02.06 Notice Of Labor Disputes.
(a) If the Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of the Contract, the
Contractor immediately shall give notice, including all relevant information, to the
Contracting Officer.
(b) The Contractor agrees to insert the substance of this clause,
including this paragraph (b), in any subcontract under which a labor dispute may delay
the timely performance of the Contract, except that each subcontract shall provide that
in the event its timely performance is delayed or threatened by delay by any actual or
potential labor dispute the subcontractor shall immediately notify the next higher tier
subcontractor or the Contractor, as the case may be, of all relevant information
concerning the dispute.
1.03 PROVISIONS APPLICABLE ONLY TO CONTRACTS EXCEEDING
TWENTY FIVE THOUSAND DOLLARS ($25,000)
1.03.01 Suspension and Debarment. The Contract is a "covered
transaction" for purposes of 49 C.F.R. Part 29. As such, Contractor is required to verify
that none of the Contractor, its principals, as defined at 49 C.F.R. 29.995, or affiliates, as
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defined at 49 C.F.R. 29.905, are excluded or disqualified as defined at 49 C.F.R. 29.940
and 29.945. Contractor is required to comply with 49 C.F.R. 29, Subpart C and must
include the requirement to comply with 49 C.F.R. 29, Subpart C in any lower tier covered
transaction it enters into. Contractor certifies as follows:
(a) The certification in this clause is a material representation of fact
relied upon by LEETRAN.
(b) If it is later determined that the Contractor knowingly rendered an
erroneous certification, in addition to remedies available to LEETRAN, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(c) The Contractor agrees to comply with the requirements of 49
C.F.R. 29, Subpart C while its offer is valid and throughout the period of any contract
that may arise from its offer.
(d) The Contractor further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
1.04 PROVISIONS APPLICABLE ONLY TO CONTRACTS EXCEEDING
ONE HUNDRED THOUSAND DOLLARS ($100,000)
1.04.01 Bonding.
(a) Bid Bond Requirements (Construction).
(i) A Bid Bond must be issued by a fully qualified surety
company acceptable to LEETRAN and listed as a company currently
authorized under 31 CFR Part 223 as possessing a Certificate of Authority
as described thereunder.
(ii) To the extent a defaulting bidder's Bid Bond, Certified
Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check
shall prove inadequate to fully recompense LEETRAN for the damages
occasioned by default, then such bidder agrees to indemnify LEETRAN
and pay over to LEETRAN the difference between the bid security and
LEETRAN's total damages, so as to make LEETRAN whole.
(b) 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. LEETRAN shall
determine the amount of the advance payment bond necessary to protect LEETRAN.
(c) 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. LEETRAN shall determine the amount of the patent indemnity to protect
LEETRAN.
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(d) Performance and Payment Bonding Requirements
(Construction). The Contractor shall be required to obtain performance and payment
bonds as follows:
(i) Performance bonds
(A) The penal amount of performance bonds shall be
100 percent of the original Contract price, unless LEETRAN determines
that a lesser amount would be adequate for the protection of LEETRAN.
LEETRAN may require additional performance bond protection when a
Contract price is increased. The increase in protection shall generally
equal 100 percent of the increase in Contract price. LEETRAN may
secure additional protection by directing the Contractor to increase the
penal amount of the existing bond or to obtain an additional bond.
(ii) Payment bonds
(A) The penal amount of the payment bonds shall equal:
(1) Fifty percent of the Contract price if the
Contract price is not more than $1 million.
(2) Forty percent of the Contract price if the
Contract price is more than $1 million but not more than $5 million; or
(3) Two and one half million if the Contract
price is more than $5 million.
If the original Contract price is $5 million or less, LEETRAN may require
additional protection as required by subparagraph (d)(ii)(A) if the Contract
price is increased.
(e) Performance and Payment Bonding Requirements
(Non-Construction). The Contractor may be required to obtain performance and
payment bonds when necessary to protect LEETRAN's interest.
(i) The following situations may warrant a performance bond:
(A) LEETRAN property or funds are to be provided to
the Contractor for use in performing the Contract or as partial
compensation (as in retention of salvaged material).
(B) A Contractor sells assets to or merges with another
concern, and LEETRAN, after recognizing the latter concern as the
successor in interest, desires assurance that it is financially capable.
(C) Substantial progress payments are made before
delivery of end items starts.
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(D) Contracts are for dismantling, demolition, or
removal of improvements.
(ii) When it is determined that a performance bond is required,
the Contractor shall be required to obtain performance bonds as follows:
(A) The penal amount of performance bonds shall be
100 percent of the original Contract price, unless LEETRAN determines
that a lesser amount would be adequate for the protection of LEETRAN.
LEETRAN may require additional performance bond protection when a
Contract price is increased. The increase in protection shall generally
equal 100 percent of the increase in Contract price. LEETRAN may
secure additional protection by directing the Contractor to increase the
penal amount of the existing bond or to obtain an additional bond.
(iii) A payment bond is required only when a performance bond
is required, and if the use of payment bond is in LEETRAN's interest.
(iv) When it is determined that a payment bond is required, the
Contractor shall be required to obtain payment bonds as follows:
(A) The penal amount of payment bonds shall equal:
(1) Fifty percent of the Contract price if the
Contract price is not more than $1 million;
(2) Forty percent of the Contract price if the
Contract price is more than $1 million but not more than $5 million; or
(3) Two and one half million if the Contract
price is increased.
(f) Warranty of the Work and Maintenance Bonds.
(i) The Contractor warrants to LEETRAN, the Architect
and/or Engineer that all materials and equipment furnished under the
Contract will be of highest quality and new unless otherwise specified by
LEETRAN, 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.
(ii) 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
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Payment by LEETRAN and shall replace or repair any defective materials
or equipment or faulty workmanship during the period of the guarantee at
no cost to LEETRAN. As additional security for these guarantees, the
Contractor shall, prior to the release of Final Payment, furnish separate
Maintenance (or Guarantee) Bonds in form acceptable to LEETRAN
written by the same corporate surety that provides the Performance Bond
and Labor and Material Payment Bond for the 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).
1.04.02 Claims for Damages. Should either party to the Contract
suffer injury or damage to person or property because of any act or omission of the party
or of any of his employees, agents or others for whose acts he is legally liable, a claim for
damages therefor shall be made in writing to such other party within a reasonable time
after the first observance of such injury or damage.
1.04.03 Clean Air and Clean Water. 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. and the Federal Water Pollution Control
Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation
to LEETRAN and understands and agrees that LEETRAN will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional
Office. 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.
1.04.04 Contract Work Hours and Safety Standards. The
following provisions shall apply with respect to all U.S. federal government financed
contracts and subcontracts in excess of $100,000, involving employment of laborers or
mechanics, including watchmen and guards, provided, however, that these provisions
shall not apply to contracts for transportation by land, air, or water, or for the
transmission of intelligence, or for the purchase of supplies or materials or articles
ordinarily available in the open market.
(a) 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.
(b) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in paragraph (a) of this section the
Contractor and any subcontractor responsible therefore shall be liable for the unpaid
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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 (a) 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 (a) of this section.
(c) Withholding for unpaid wages and liquidated damages.
LEETRAN shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of Work performed by the Contractor or subcontractor
under any such Contract or any other Federal contract with the same prime Contractor,
or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b) of this section.
(d) Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs (a) through (d) 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 (a)
through (d) of this section.
(e) Record Keeping Requirements. The Contractor or subcontractor
shall maintain payrolls and basic payroll records during the course of the Work and
shall preserve them for a period of three years from the completion of the Contract for
all laborers and mechanics, including guards and watchmen, working on the Contract.
Such records shall contain the name and address of each such employee, social security
number, correct classifications, hourly rates of wages paid, daily and weekly number of
hours worked, deductions made, and actual wages paid. The records to be maintained
under this paragraph shall be made available by the Contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of LEETRAN and
the Department of Labor, and the Contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
1.04.04 Disputes. Disputes arising in the performance of the
Contract which are not resolved by agreement of the parties shall be decided in writing
by the Executive Director of LEETRAN. 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 Executive Director. 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 Executive Director shall be
binding upon the Contractor and the Contractor shall abide be the decision.
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1.04.06 Lobbying. Contractors who apply or bid for an award of
$100,000 or more shall file the certification required by 49 C.F.R. part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier shall also disclose the name of any registrant under the Lobbying Disclosure
Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with
respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such
disclosures are forwarded from tier to tier up to LEETRAN.
1.04.07 Performance During Dispute. Unless otherwise directed
by LEETRAN, Contractor shall continue performance under the Contract while matters
in dispute are being resolved.
1.04.08 Rights and Remedies. Unless the Contract provides
otherwise, all claims, counterclaims, disputes and other matters in question between
LEETRAN 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 Lee County, Florida. 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 LEETRAN 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.
1.05 PROVISIONS APPLICABLE ONLY TO CONTRACTS EXCEEDING
FIVE HUNDRED THOUSAND DOLLARS ($500,000)
1.05.01 Notification of Federal Participation. Contractor
agrees to provide notification to LEETRAN specifying the amount of Federal assistance
intended to be used to finance the acquisition of goods or services (including construction
services) having an aggregate value of $500,000 or more, and to express the amount of
that Federal assistance as a percentage of the total cost of the Contract.
1.06 PROVISIONS RELATING TO ARCHITECTURAL AND ENGINEERING
SERVICES CONTRACTS
1.06.01 Seismic Safety. 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 C.F.R. Part 41 and will certify to compliance to the extent required by the
regulation. The Contractor also agrees to ensure that all Work performed under the
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.
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1.06.02 Special Termination Provisions. LEETRAN may
terminate the Contract in whole or in part, for the convenience of LEETRAN or because
of the failure of the Contractor to fulfill the Contract obligations. LEETRAN shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature,
extent, and effective date of the termination. Upon receipt of the notice, the Contractor
shall (1) immediately discontinue all services affected (unless the notice directs
otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications,
reports, estimates, summaries, and other information and materials accumulated in
performing the Contract, whether completed or in process. If the termination is for the
convenience of LEETRAN, 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, LEETRAN
may complete the Work by Contract or otherwise and the Contractor shall be liable for
any additional cost incurred by LEETRAN. 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 LEETRAN.
1.07 PROVISIONS RELATING TO CONSTRUCTION CONTRACTS
1.07.01 Buy America. The Contractor agrees to comply with 49
U.S.C. 5323(j) 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, microcomputer equipment, software, and small
purchases (currently less than $100,000) made with capital, operating, or planning funds.
Contractor must submit to LEETRAN a Buy America certification with respect to all
FTA-funded contracts, except those subject to a general waiver.
1.07.02 Cargo Preference - Use of United States-Flag
Vessels. Contractor agrees:
(a) To use privately owned United States-Flag commercial vessels to
ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying Contract to the extent such vessels are available
at fair and reasonable rates for United States-Flag commercial vessels;
(b) To furnish within twenty (20) business days following the date of
loading for shipments originating within the United States or within thirty (30) business
days following the date of leading for shipments originating outside the United States, a
legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each
shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590 and to LEETRAN (through the Contractor in the case of a subcontractor's
bill-of-lading.); and
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(c) To include these requirements in all subcontracts issued pursuant
to the Contract when the subcontract may involve the transport of equipment, material,
or commodities by ocean vessel.
1.07.03 Cleaning Up. The Contractor shall at all times keep the
work area, including storage areas, free from accumulations of waste materials. Before
completing the work, the Contractor shall remove from the Work and premises any
rubbish, tools, scaffolding, equipment, and materials that are not the property of
LEETRAN. Upon completing the work, the Contractor shall leave the work area in a
clean, neat, and orderly condition satisfactory to the Contracting Officer.
1.07.04 Continuing The Work. The Contractor shall carry on
the Work and maintain the progress schedule during all disputes or disagreements with
LEETRAN. No Work shall be delayed or postponed pending resolution of any disputes
or disagreements, except as the Contractor and LEETRAN may otherwise agree in
writing. Suspension of the Work by the Contractor during any dispute or disagreement
with LEETRAN shall entitle LEETRAN to terminate the Contract for cause, except as
otherwise provided in the General Provisions. This section supersedes other sections
concerning continuing work.
1.07.05 Cooperation Of Contractor. The Contractor will
be supplied with three (3) copies each of the plans and specifications. Contractor shall
have available on the work site at all times one copy each of the plans and specifications.
The Contractor, for the cost of reproduction, may obtain additional copies of plans and
specifications. The Contractor shall give constant attention to the Work to facilitate the
progress thereof, and he shall cooperate with the Project Manager and any inspectors and
with other contractors in every way possible. The Project Manager shall allocate the
Work and designate the sequence of construction in case of controversy between
contractors. The Contractor shall have a competent superintendent on the work site at all,
times who is fully authorized as his agent. The superintendent shall be capable of reading
and thoroughly understanding the plans and specifications and shall receive and fulfill
instructions from the Project Manager or his authorized representative.
1.07.06 Davis-Bacon and Copeland Anti-Kickback Acts.
With respect to all construction contracts and subcontracts over two thousand dollars
($2,000) at least partly financed by a loan or grant from the Federal Government, and
including contracts for actual construction, alteration and/or repair, including painting
and decorating, the following provisions shall apply.
(a) 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 C.F.R. part 3)), the full amount of
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wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may
be alleged to exist between the Contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe
benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section;
also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29
C.F.R. 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 (a)(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 C.F.R. 5.2(n)(4), the work to be performed by the classification
requested is not performed by a classification in the wage determination;
and
(2) The classification is utilized in the area by
the construction industry; and
(3) The proposed wage rate, including any bona
fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
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(4) With respect to helpers as defined in 29
C.F.R. 5.2(n)(4), such a classification prevails in the area in which the
work is performed.
(B) If the Contractor and the laborers and mechanics to
be employed in the classification (if known), or their representatives, and
the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the Contracting Officer to the
Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt
and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or
mechanics to be employed in the classification or their representatives,
and the Contracting Officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where
appropriate), the Contracting Officer shall refer the questions, including
the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will
notify the Contracting Officer within the 30-day period that additional
time is necessary.
(D) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs (a)(ii)(B) or (C) of this
section, shall be paid to all workers performing Work in the classification
under the Contract from the first day on which Work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the
Contract for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the Contractor shall either pay
the benefit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or
other third person, the Contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided that
the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the Contractor to set aside
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in a separate account assets for the meeting of obligations under the plan
or program.
(v) (A) The Contracting Officer shall require that any class
of laborers or mechanics which is not listed in the wage determination and
which is to be employed under the Contract shall be classified in
conformance with the wage determination. The Contracting Officer shall
approve an additional classification and wage rate and fringe benefits
therefor only when the following criteria have been met:
(1) The Work to be performed by the
classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by
the construction industry; and
(3) The proposed wage rate, including any bona
fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to
be employed in the classification (if known), or their representatives, and
the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the Contracting Officer to the
Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the
30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or
mechanics to be employed in the classification or their representatives,
and the Contracting Officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where
appropriate), the Contracting Officer shall refer the questions, including
the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination
with 30 days of receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs (a)(v)(B) or (C) of this
section, shall be paid to all workers performing Work in the classification
FORMAL BID NO.:
22
under the Contract from the first day on which Work is performed in the
classification.
(b) Withholding. LEETRAN 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 the 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, LEETRAN 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.
(c) 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
C.F.R. 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.
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(ii) (A) The Contractor shall submit weekly for each week
in which any Contract Work is performed a copy of all payrolls to
LEETRAN 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 C.F.R. part 5. This information may be submitted in any
form desired. Optional Form WH-347 is available for this purpose and
may be purchased from the Superintendent of Documents (Federal Stock
Number 029-005-00014-1), U.S. Government Printing Office,
Washington, DC 20402. The prime Contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the Contractor or subcontractor or
his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
(1) That the payroll for the payroll period
contains the information required to be maintained under section
5.5(a)(3)(i) of Regulations, 29 C.F.R. 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 C.F.R. part 3;
(3) That each laborer or mechanic has been paid
not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of Work performed, as specified in the
applicable wage determination incorporated into the Contract.
(C) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 shall
satisfy the requirement for submission of the "Statement of Compliance"
required by paragraph (c)(i)(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
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24
representatives to interview employees during working hours on the job. If
the Contractor or subcontractor fails to submit the required records or to
make them available, the Federal agency may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for
debarment action pursuant to 29 C.F.R. 5.12.
(d) 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
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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 C.F.R. 5.16, trainees
will not be permitted to work at less than the predetermined rate for the
Work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job
site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at
not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is
an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the
classification of Work actually performed. In addition, any trainee
performing Work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the Work actually performed. In the event the
Employment and Training Administration withdraws approval of a
training program, the Contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the Work
performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 C.F.R. part 30.
(e) Compliance with Copeland Act requirements. The Contractor
shall comply with the requirements of 29 C.F.R. part 3, which are incorporated by
reference in the Contract.
(f) Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clauses contained in 29 C.F.R. 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
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subcontracts. The prime Contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the Contract clauses in 29 C.F.R. 5.5.
(g) Contract termination: debarment. A breach of the Contract
clauses in 29 C.F.R. 5.5 may be grounds for termination of the Contract, and for
debarment as a Contractor and a subcontractor as provided in 29 C.F.R. 5.12.
(h) Compliance with Davis-Bacon and Related Act requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29
C.F.R. parts 1, 3, and 5 are herein incorporated by reference in the Contract.
(i) Disputes concerning labor standards. Disputes arising out of the
labor standards provisions of the Contract shall not be subject to the general disputes
clause of the Contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 C.F.R. 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.
(j) Certification of eligibility.
(i) By entering into the 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 C.F.R.
5.12(a)(1).
(ii) No part of the Contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis-Bacon Act or 29 C.F.R. 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
1.07.07 Differing Site Conditions.
(k) The Contractor shall promptly, and before the conditions are
disturbed, give a written notice to the Contracting Officer of: (1) Subsurface or latent
physical conditions at the site which differ materially from those indicated in the
Contract; or (2) Unknown physical conditions at the site, of an unusual nature, which
differ materially from those ordinarily encountered and generally recognized as
inhering in Work of the character provided for in the Contract. The Contracting Officer
shall investigate the site conditions promptly after receiving the notice. If the
conditions do materially so differ and cause an increase or decrease in the Contractor’s
cost of, or the time required for, performing any part of the Work under the Contract,
whether or not changed as a result of the conditions, an equitable adjustment shall be
made under this clause and the Contract modified in writing accordingly.
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(l) No request by the Contractor for an equitable adjustment to the
Contract under this clause shall be allowed, unless the Contractor has given the written
notice required; provided, that the time prescribed in paragraph (a) of this clause for
giving written notice may be extended by the Contracting Officer. No request by the
Contractor for an equitable adjustment to the Contract for differing site conditions shall
be allowed if made after final payment under the Contract.
1.07.08 Layout Of Work. The Contractor shall lay out its Work
from base lines and benchmarks indicated on the drawings, and shall be responsible for
all measurements concerning the layout. The Contractor shall furnish, at its own
expense, all stakes, templates, platforms, equipment, tools, materials, and labor required
to lay out any part of the work. The Contractor shall be responsible for executing the
Work to the lines and grades that may be established or indicated by the Project Manager.
The Contractor shall also be responsible for maintaining and preserving all stakes and
other marks established by the Project Manager until authorized to remove them. If such
marks are destroyed by the Contractor or through its negligence before their removal is
authorized, the Project Manager may replace them and deduct the expense of the
replacement from any amounts due or to become due to the Contractor.
1.07.09 Maintenance During Construction. The Contractor shall
maintain the Work during construction and until the Work is accepted. This maintenance
shall constitute continuous and effective Work prosecuted day by day, with adequate
equipment and forces so that the Work is maintained in satisfactory condition at all times.
All costs of maintenance Work during construction and before the project is accepted
shall be included in the unit prices bid on the various Contract items, and the Contractor
will not be paid an additional amount for such work. Should the Contractor at any time
fail to maintain the work, the Project Manager shall immediately notify the Contractor of
such noncompliance. Such notification shall specify a reasonable time within which the
Contractor shall be required to remedy such unsatisfactory maintenance condition. The
time specified will give due consideration to the exigency that exists. Should the
Contractor fail to respond to the Project Manager's notification, the Project Manager may
suspend any Work necessary for LEETRAN to correct such unsatisfactory maintenance
condition, depending on the exigency that exists. Any maintenance cost incurred by
LEETRAN shall be deducted from monies due or to become due the Contractor.
1.07.10 Occupational Safety and Health ("OSHA"). Contractor
agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act,
40 U.S.C. section 333, and applicable Department of Labor regulations, "Safety and
Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the
Contractor agrees that it will not require any laborer or mechanic to work in unsanitary,
hazardous, or dangerous surroundings or working conditions.
(a) The Contractor also agrees to include the requirements of this
section in each subcontract. The term "subcontract" under this section is considered to
refer to a person who agrees to perform any part of the labor or material requirements of
a Contract for construction, alteration or repair. A person who undertakes to perform a
portion of a Contract involving the furnishing of supplies or materials will be
FORMAL BID NO.:
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considered a "subcontractor" under this section if the Work in question involves the
performance of construction Work and is to be performed:
(i) directly on or near the construction site, or
(ii) for the specific project on a customized basis.
Thus, a supplier of materials which will become an integral part of the
construction is a "subcontractor" if the supplier fabricates or assembles the goods or
materials in question specifically for the construction project and the Work involved may
be said to be construction activity. If the goods or materials in question are ordinarily
sold to other customers from regular inventory, the supplier is not a "subcontractor" for
the purposes of this section. The requirements of this section do not apply to Contracts or
subcontracts for the purchase of supplies or materials or articles normally available on the
open market.
1.07.11 Operations And Storage Areas.
(a) The Contractor shall confine all operations (including storage of
materials) on LEETRAN premises to areas authorized or approved by the Project
Manager. The Contractor shall hold and save LEETRAN, its officers, agents, free, and
harmless from liability of any nature occasioned by the Contractor’s performance.
(b) Temporary buildings (e.g., storage sheds, shops, offices) and
utilities may be erected by the Contractor only with the prior written approval of the
Project Manager and shall be built with labor and materials furnished by the Contractor
without expense to LEETRAN. The temporary buildings and utilities shall remain the
property of the Contractor and shall be removed by the Contractor upon completion of
the work. With the written consent of the Project Manager, the buildings and utilities
may be abandoned and need not be removed.
(c) The Contractor shall, under regulations prescribed by the Project
Manager, use only established roadways, or use temporary roadways constructed by the
Contractor when and as authorized by the Project Manager. When materials are
transported in prosecuting the work, vehicles shall not be loaded beyond the loading
capacity recommended by the manufacturer of the vehicle or prescribed by any Federal,
State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the
Contractor shall protect them from damage. The Contractor shall repair or pay for the
repair of any damaged curbs, sidewalks, or roads.
1.07.12 Protection Of Vegetation, Structures, Equipment &
Utilities. The Contractor shall preserve and protect all existing
structures, equipment, and vegetation (such as trees, shrubs, and grass), on or adjacent to
the work site, which are not to be removed and which do not unreasonably interfere with
the Work required under the Contract. The Contractor shall only remove trees when
specifically authorized to do so, and shall avoid damaging vegetation that will remain in
place. If any limbs or branches of trees are broken during Contract performance, or by the
careless operation of equipment, or by workmen, the Contractor shall trim those limbs or
FORMAL BID NO.:
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branches with a clean cut and paint the cut with a tree-pruning compound as directed by
the Project Manager. The Contractor shall protect from damage all existing
improvements and utilities at or near the work site, and on adjacent property of a third
party, the locations of which are made known to or should be known by the Contractor.
The Contractor shall repair any damage to those facilities, including those that are the
property of a third party, resulting from failure to comply with the requirements of the
Contract or failure to exercise reasonable care in performing the work. If the Contractor
fails or refuses to repair the damage promptly, the Project Manager may have the
necessary Work performed and charge the cost to the Contractor.
1.07.13 Safety. Contractor agrees to provide appropriate safety
barricades, signs, and signal lights; comply with the standards issued by the Secretary of
Labor at 29 C.F.R. Part 1926 and 29 C.F.R. Part 1910; and ensure that any additional
measures the Contracting Officer determines to be reasonably necessary for the purposes
are taken.
1.07.14 Schedules For Construction Contracts.
(a) The Contractor shall, within five days after the Work commences
on the Contract or another period of time determined by the Contracting Officer,
prepare and submit to the Contracting Officer for approval three copies of a
practicable schedule showing the order in which the Contractor proposes to
perform the work. The Contractor will supply the dates on which the Contractor
contemplates starting and completing the several salient features of the Work
(including acquiring materials, plant, and equipment). The schedule shall be in
the form of a progress chart of suitable scale to indicate appropriately the
percentage of Work scheduled for completion by any given date during the
period. If the Contractor fails to submit a schedule within the time prescribed, the
Contracting Officer may withhold approval of progress payments until the
Contractor submits the required schedule.
(b) The Contractor shall enter the actual progress on the chart as
directed by the Contracting Officer, and upon doing so shall immediately deliver three
copies of the annotated schedule to the Contracting Officer. If, in the opinion of the
Contracting Officer, the Contractor falls behind the approved schedule, the Contractor
shall take steps necessary to improve its progress, including those that may be required
by the Contracting Officer, without additional cost to LEETRAN. In this circumstance,
the Contracting Officer may require the Contractor to increase the number of shifts,
overtime operations, days of work, and/or the amount of construction plant, and to
submit for approval any supplementary schedule or schedules in chart form as the
Contracting Officer deems necessary to demonstrate how the approved rate of progress
will be regained.
(c) Failure of the Contractor to comply with the requirements of the
Contracting Officer under this clause, shall be grounds for a determination by the
Contracting Officer that the Contractor is not prosecuting the Work with sufficient
diligence to ensure completion within the time specified in the Contract. Upon making
this determination, the Contracting Officer may terminate the Contractor’s right to
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proceed with the work, or any separable part of it, in accordance with the default terms
of the Contract.
1.07.15 Seismic Safety. 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 C.F.R. Part 41 and will certify to
compliance to the extent required by the regulation. The Contractor also agrees to ensure
that all Work performed under the 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.
1.07.16 Special Termination for Default Provisions. If
the Contractor refuses or fails to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in the 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 the Contract, LEETRAN may terminate the Contract
for default. LEETRAN shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature of the default. In this event, LEETRAN 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 LEETRAN 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 LEETRAN in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if:
(a) 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 LEETRAN, acts of another Contractor in the
performance of a Contract with LEETRAN, epidemics, quarantine restrictions, strikes,
freight embargoes; and
(b) the Contractor, within ten (10) days from the beginning of any
delay, notifies LEETRAN in writing of the causes of delay. If in the judgment of
LEETRAN, the delay is excusable, the time for completing the Work shall be extended.
The judgment of LEETRAN shall be final and conclusive on the parties, but subject to
appeal under the Disputes clauses, if applicable.
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.
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1.07.17 Specifications And Drawings.
(a) The Contractor shall keep on the work site a copy of the drawings and
specifications and shall at all times give the Project Manager access thereto. Anything
mentioned in the specifications and not shown on the drawings, or shown on the
drawings and not mentioned in the specifications, shall be of like effect as if shown or
mentioned in both. In case of difference between drawings and specifications, the
specifications shall govern. In case of discrepancy in the figures, in the drawings, or in
the specifications, the matter shall be promptly submitted to the Contracting Officer, who
shall promptly make a determination in writing. Any adjustment by the Contractor
without such a determination shall be at its own risk and expense. The Contracting
Officer shall furnish from time to time such detailed drawings and other information as
considered necessary, unless otherwise provided.
(b) Wherever in the specifications or upon the drawings the words
“directed”, “required”, “ordered”, “designated”, “prescribed”, or words of like import
are used, it shall be understood that the “direction”, “requirement”, “order”,
“designation”, or “prescription”, of the Contracting Officer is intended and similarly,
the words “approved”, “acceptable”, “satisfactory”, or words of like import shall mean
“Approved by,” or “acceptable to”, or “satisfactory to” the Contracting Officer, unless
otherwise expressly stated.
(c) Where “as shown,” as indicated”, “as detailed”, or words of similar
import are used, it shall be understood that the reference is made to the drawings
accompanying the Contract unless stated otherwise. The word “provided” as used
herein shall be understood to mean, “provide complete in place,” that is “furnished and
installed”.
(d) "Shop drawings" means drawings, submitted to LEETRAN by the
Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction
Contract, showing in detail the proposed fabrication and assembly of structural
elements, and the installation (i.e., fit, and attachment details) of materials or
equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature,
illustrations, schedules, performance and test data, and similar materials furnished by
the Contractor to explain in detail specific portions of the Work required by the
Contract. LEETRAN may duplicate, use, and disclose in any manner and for any
purpose shop drawings delivered under the Contract.
(e) If the Contract requires shop drawings, the Contractor shall
coordinate all such drawings, and review them for accuracy, completeness, and
compliance with Contract requirements and shall indicate its approval thereon as
evidence of such coordination and review. Shop drawings submitted to the Contracting
Officer without evidence of the Contractor’s approval may be returned for
resubmission. The Contracting Officer will indicate an approval or disapproval of the
shop drawings and if not approved as submitted shall indicate LEETRAN’s reasons
therefor. Any Work done before such approval shall be at the Contractor’s risk.
Approval by the Contracting Officer shall not relieve the Contractor from responsibility
for any errors or omissions in such drawings, nor from responsibility for complying
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with the requirements of the Contract, except with respect to variations described and
approved in accordance with (f) below.
(f) If shop drawings show variations from the Contract requirements,
the Contractor shall describe such variations in writing, separate from the drawings, at
the time of submission. If the Contracting Officer approves any such variation, the
Contracting Officer shall issue an appropriate Contract modification, except that, if the
variation is minor or does not involve a change in price or in time of performance, a
modification need not be issued.
(g) The Contractor shall submit to the Contracting Officer for approval
four (4) copies (unless otherwise indicated) of all shop drawings as called for under the
various headings of these specifications. Three (3) sets (unless otherwise indicated) of
all shop drawings, will be retained by the Contracting Officer and one set will be
returned to the Contractor. Upon completing the Work under the Contract, the
Contractor shall furnish a complete set of all shop drawings as finally approved. These
drawings shall show all changes and revisions made up to the time the equipment is
completed and accepted.
1.07.18 Suspension Of Work.
(a) The Contracting Officer may order the Contractor, in writing, to
suspend, delay, or interrupt all or any part of the Work of the Contract for the period of
time that the Contracting Officer determines appropriate for the convenience of
LEETRAN.
(b) If the performance of all or any part of the Work is, for an
unreasonable period of time, suspended, delayed, or interrupted:
(i) By an act of the Contracting Officer in the administration
of the Contract, or
(ii) By the Contracting Officer’s failure to act within the time
specified in the Contract (or within a reasonable time if not specified),
an adjustment shall be made for any increase in the cost of performance of the Contract
(excluding profit) necessarily caused by the unreasonable suspension, delay, or
interruption, and the Contract modified in writing accordingly. However, no adjustment
shall be made under this clause for any suspension, delay, or interruption to the extent
that performance would have been so suspended, delayed, or interrupted by any other
cause, including the fault or negligence of the Contractor, or for which an equitable
adjustment is provided for or excluded under any other term or condition of the Contract.
(c) A claim under this clause shall not be allowed for any costs
incurred more than twenty (20) days before the Contractor shall have notified the
Contracting Officer in writing of the act or failure to act involved. Nevertheless, this
requirement shall not apply as to a claim resulting from a suspension order unless the
claim, in an amount stated, is asserted in writing as soon as practicable after the
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termination of the suspension, delay, or interruption, but not later than the date of final
payment under the Contract.
1.07.19 Use And Possession Prior To Completion.
(a) LEETRAN shall have the right to take possession of or use any completed
or partially completed part of the work. Before taking possession of or using any work,
the Contracting Officer shall furnish the Contractor a list of items of Work remaining to
be performed or corrected on those portions of the Work that LEETRAN intends to take
possession of or use. However, failure of the Contracting Officer to list any item of
Work shall not relieve the Contractor's responsibility for complying with the Contract
terms. The Government’s possession or use shall not be deemed an acceptance of any
Work under the Contract.
(b) While LEETRAN has such possession or use, the Contractor shall
be relieved of the responsibility for the loss of or damage to the Work resulting from
LEETRAN’s possession or use. If prior possession or use by LEETRAN delays the
progress of the Work or causes additional expense to the Contractor an equitable
adjustment shall be made in the Contract price or the time of completion, and the
Contract shall be modified in writing accordingly.
1.07.20 Utilities. Contractor shall be responsible for all utilities that
are necessary to perform the Work required by the Contract.
1.08 PROVISIONS RELATING TO INTELLIGENT TRANSPORTATION
SYSTEMS PROJECTS
1.08.01 Conformance with ITS National Architecture. With
respect to all Contracts involving the provision of Intelligent Transportation Systems
("ITS"), Contractor agrees to conform to the ITS National Architecture, as promulgated
by the United States Department of Transportation, Intelligent Transportation Systems,
Joint Program Office.
1.09 PROVISIONS RELATING TO MATERIALS AND SUPPLIES
CONTRACTS
1.09.01 Buy America. The Contractor agrees to comply with 49
U.S.C. 5323(j) 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, microcomputer equipment, software, and small
purchases (currently less than $100,000) made with capital, operating, or planning funds.
Contractor must submit to LEETRAN a Buy America certification on FTA-funded
contracts, except those subject to a general waiver.
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1.09.02 Cargo Preference - Use of United States-Flag Vessels.
Contractor agrees:
(a) To use privately owned United States-Flag commercial vessels to
ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying Contract to the extent such vessels are available
at fair and reasonable rates for United States-Flag commercial vessels;
(b) To furnish within twenty (20) business days following the date of
loading for shipments originating within the United States or within thirty (30) business
days following the date of leading for shipments originating outside the United States, a
legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each
shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590 and to LEETRAN (through the Contractor in the case of a subcontractor's
bill-of-lading.); and
(c) To include these requirements in all subcontracts issued pursuant
to the Contract when the subcontract may involve the transport of equipment, material,
or commodities by ocean vessel.
1.09.03 Certificate Of Conformance.
(a) When authorized in writing by the Contracting Officer, the
Contractor shall ship any supplies for which the Contract would otherwise require
inspection at source with a Certificate of Conformance certifying that the supplies or
services are of the quality specified and conform in all respects with the Contract
requirements, including specifications, drawings, preservation, packaging, packing,
marking requirements, and physical item identification (part number), and certifying the
quantity provided. Shipments of such supplies will not be made under the Contract until
use of the Certificate of Conformance has been authorized in writing by the Contracting
Officer or inspection and acceptance have occurred.
(b) The executed Certificate of Conformance shall be attached to or
included on the top copy of the inspection or receiving report distributed to the payment
office. In addition, a copy of the executed Certificate of Conformance shall also be
attached to or entered on copies of the inspection or receiving report accompanying the
shipment.
(c) LEETRAN has the right to inspect supplies even though a Certificate
of Conformance has been provided and to reject defective supplies or services within a
reasonable time after delivery by written notification to the Contractor. The Contractor
shall in such event promptly replace, correct, or repair the rejected supplies or services
at the Contractor's expense.
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1.10 PROVISIONS RELATING TO OPERATIONS/ MANAGEMENT
CONTRACTS
1.10.01 Charter Service Operations. The Contractor agrees to
comply with 49 U.S.C. 5323(d) and 49 C.F.R. 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 C.F.R.
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.
Contractor agrees to include provisions to this effect in to include these requirements in
all subcontracts issued pursuant to the Contract when the subcontract may involve charter
service operations.
1.10.02 Drug and Alcohol Testing. The Contractor agrees to
establish and implement a drug and alcohol testing program that complies with 49 C.F.R.
Parts 40 and 655, produce any documentation necessary to establish its compliance with
Parts 40 and 655, and permit any authorized representative of the United States
Department of Transportation or its operating administrations, the State Oversight
Agency of Florida, or LEETRAN, to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 C.F.R. Parts
40 and 655 and review the testing process. The Contractor agrees further to certify
annually its compliance with Parts 40 and 655 before December 31st of each year and to
submit the Management Information System (MIS) reports before December 31st of each
year to LEETRAN Director, 6035 Landing View Road, Fort Myers, FL 33901. 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.
1.10.03 School Bus Operations. Contractor agrees to comply with
69 U.S.C. 5323(f) and 49 C.F.R. Part 605, which provide that 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, Contractor agrees not to use federally funded
equipment, vehicles, or facilities. Contractor agrees to include provisions to this effect in
to include these requirements in all subcontracts issued pursuant to the Contract when the
subcontract may involve school bus operations.
1.10.04 Transit Employee Protective Provisions. With respect to
Contracts for "transit operations" as classified by the FTA, and performed by employees
of a Contractor recognized by FTA to be a transit operator, the Contractor agrees to the
comply with applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements. To the
extent that FTA determines that transit operations are involved, the Contractor agrees to
carry out the transit operations Work on the underlying Contract in compliance with
terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable
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to protect the interests of employees employed under the Contract and to meet the
employee protective requirements of 49 U.S.C. A 5333(b), and U.S. Department of
Labor 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. Department Of Labor
to FTA applicable to LEETRAN'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. Department Of Labor letter. The
requirements of this subsection (a), 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 Section.
(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
LEETRAN, the Contractor agrees to carry out the Work in compliance with the terms
and conditions determined by the U.S. Secretary of Labor to meet the requirements of
49 U.S.C. § 5333(b), U.S. Department of Labor guidelines at 29 C.F.R. Part 215, and
any amendments thereto. These terms and conditions are identified in the U.S.
Department of Labor's letter of certification to FTA, the date of which is set forth in the
Grant Agreement or Cooperative Agreement with LEETRAN. The Contractor agrees
to perform transit operations in connection with the underlying Contract in compliance
with the conditions stated in that U.S. Department of Labor letter. Transit Employee
Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized
Areas. If the Contract involves transit operations financed in whole or in part with
Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply
with the terms and conditions of the Special Warranty for the Nonurbanized Area
Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31,
1979, and the procedures implemented by U.S. Department of Labor or any revision
thereto.
(c) Requirements Apply to Subcontracts. The Contractor agrees to
include any applicable requirements in each subcontract involving transit operations
financed in whole or in part with assistance provided by FTA.
1.11 PROVISIONS RELATING TO RESEARCH AND DEVELOPMENT
CONTRACTS
1.11.01 Patent Rights. The following requirements apply to each
contract involving experimental, developmental, or research work:
(a) 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
Section applies and that invention, improvement, or discovery is patentable under the
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laws of the United States of America or any foreign country, LEETRAN and Contractor
agree to take actions necessary to provide immediate notice and a detailed report to the
party at a higher tier until FTA is ultimately notified.
(b) 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), LEETRAN 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.
(c) 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.
1.11.02 Rights in Data. The following requirements apply to each
Contract involving experimental, developmental or research work:
(a) 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.
(b) The following restrictions apply to all subject data first produced in
the performance of the Contract to which this Section applies:
(i) Except for its own internal use, LEETRAN or Contractor
may not publish or reproduce subject data in whole or in part, or in any
manner or form, nor may LEETRAN 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.
(ii) 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 (b)(ii)(A) and (b)(ii)(B) of this
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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.
(A) Any subject data developed under that contract,
whether or not a copyright has been obtained; and
(B) Any rights of copyright purchased by the Purchaser
or Contractor using Federal assistance in whole or in part provided by
FTA.
(iii) 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, LEETRAN 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 (i) of this
clause and shall be delivered as the Federal Government may direct. This
subsection (iii), however, does not apply to adaptations of automatic data
processing equipment or programs for LEETRAN or Contractor's use
whose costs are financed in whole or in part with Federal assistance
provided by FTA for transportation capital projects.
(iv) Unless prohibited by state law, upon request by the Federal
Government, LEETRAN 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 LEETRAN 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 LEETRAN 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.
(v) Nothing contained in this clause on rights in data shall
imply a license to the Federal Government under any patent or be
construed as affecting the scope of any license or other right otherwise
granted to the Federal Government under any patent.
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(vi) Data developed by LEETRAN 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 Section applies is exempt from the
requirements of subsections (ii), (iii), and (iv) of this clause , provided that
LEETRAN or Contractor identifies that data in writing at the time of
delivery of the Contract work.
(vii) 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.
(c) 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.), LEETRAN 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.
(d) 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.
1.12 PROVISIONS RELATING TO ROLLING STOCK PURCHASE
CONTRACTS
1.12.01 Bus Testing. Contractor agrees to comply with 49 U.S.C.
5323(c) and FTA's implementing regulation at 49 C.F.R. Part 665 and shall perform the
following:
(a) 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 LEETRAN at a point in the procurement process specified by LEETRAN,
which will be before LEETRAN's final acceptance of the first vehicle.
(b) A manufacturer who releases a report under paragraph (a) above
shall provide notice to the operator of the testing facility that the report is available to
the public.
(c) 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. This must be provided to LEETRAN
before LEETRAN's final acceptance of the first vehicle. If the configuration or
components are not identical, the manufacturer shall provide a description of the change
and the manufacturer's basis for concluding that it is not a major change requiring
additional testing.
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(d) If the manufacturer represents that the vehicle is "grandfathered"
(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.
(e) Contractor shall provide a certification of compliance with FTA
bus testing requirements on such form as may be required by LEETRAN.
1.12.02 Buy America. Contractor agrees to comply with 49 U.S.C.
5323(j) 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, microcomputer equipment, software, and small purchases
(currently less than $100,000) made with capital, operating, or planning funds. Separate
requirements for rolling stock are set out at 49 U.S.C. 5323(j)(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. Contractor agrees to submit to LEETRAN a Buy America certification
on FTA-funded contracts, except those subject to a general waiver.
1.12.03 Cargo Preference - Use of United States-Flag Vessels.
Contractor agrees:
(a) To use privately owned United States-Flag commercial vessels to
ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying Contract to the extent such vessels are available
at fair and reasonable rates for United States-Flag commercial vessels;
(b) To furnish within twenty (20) business days following the date of
loading for shipments originating within the United States or within thirty (30) business
days following the date of leading for shipments originating outside the United States, a
legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each
shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590 and to LEETRAN (through the Contractor in the case of a subcontractor's
bill-of-lading.); and
(c) To include these requirements in all subcontracts issued pursuant
to the Contract when the subcontract may involve the transport of equipment, material,
or commodities by ocean vessel.
1.12.04 Pre-Award and Post Delivery Audit Requirements.
Contractor agrees to comply with 49 U.S.C. 5323(1) and FTA’s implementation
regulation at 49 C.F.R. Part 663 and to submit the following certifications:
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(a) Buy America Requirements. The Contractor shall complete and
submit a declaration certifying either compliance or noncompliance with the Buy
America requirements. If the Contractor certifies compliance with the Buy America
requirements, it shall submit documentation which lists (i) component and
subcomponent parts of the rolling stock to be purchased, identified by manufacturer of
the parts, their country of origin and costs; and (ii) 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.
(b) Solicitation Specification Requirements. The Contractor shall
submit evidence that it will be capable of meeting the bid specifications.
(c) Federal Motor Vehicle Safety Standards (“FMVSS”). The
Contractor shall submit (i) manufacturer’s FMVSS self-certification sticker information
that the vehicle complies with relevant FMVSS or (ii) manufacturer’s certified
statement that the Contracted buses will not be subject to FMVSS regulations.
1.13 DEFINITIONS.
Except as otherwise expressly provided, the terms defined in this section have the
meanings assigned to them in this section and the words “herein,” “hereof,” and
“hereunder,” and similar words refer to the Contract Documents as a whole and not to
any particular document.
(d) “Contract” means the Contract for goods and services between
LEETRAN and the Contractor, of which these General Provisions are incorporated.
(e) “Contractor” means such party as designated in the Contract.
(f) “Contract Documents” means, collectively, the Contract for goods
and services between LEETRAN and the Contractor, these General Provisions, the
solicitation by LEETRAN, the response by the Contractor, and all other documents,
instruments and agreements ancillary to and contemplated by these documents.
(g) “Contracting Officer” means such party as designated by
LEETRAN in the Contract.
(h) “FTA” means the Federal Transit Administration.
(i) “LEETRAN” means the LEE COUNTY TRANSIT d/b/a
LEETRAN, a Division of Lee County Government, a Political Subdivision of the State
of Florida.
(j) “Project Manager” means such party as designated by LEETRAN
in the Contract.
(k) “Work” means the goods and/or services to be provided pursuant
to the Contract.