HomeMy WebLinkAboutReso 2024-3606RESOLUTION NO. 2024 - S60
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RATIFYING THE EXPENDITURE OF BUDGETED FUNDS FOR THE
PURCHASE OF TWO (2) 2023 ARBOC LOW FLOOR SHUTTLE BUSES FROM
MODEL 1 COMMERCIAL VEHICLES, INC., IN AN AMOUNT NOT TO EXCEED
THREE HUNDRED FIFTY-SEVEN THOUSAND NINE HUNDRED TWENTY DOLLARS
AND NO CENTS ($357,920.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") Community Shuttle Bus program
provides transportation services to residents and visitors seven (7) days per week, and the City
desires to add an additional shuttle bus to its fleet in order to provide effective and efficient
service to the City's residents; and
WHEREAS, Model 1 Commercial Vehicles, Inc. (the "Vendor") submitted a quote for two
(2) 2023 ARBOC Low Floor Shuttle Buses ("Buses"), that will seat 16 passengers plus two (2)
wheelchair stations each, and are equipped with wheelchair door and step wells, utilizing the
Florida Department of Transportation Contract No. TRIPS -22 -CA -MB -LF; and
WHEREAS, pursuant to Section 62-13(C) of the City's Purchasing Code, purchases made
under state general service administration contracts, federal, county or other governmental
contracts or competitive bids with other governmental agencies, are exempt from the
competitive bidding requirements set forth in Chapter 62; and
WHEREAS, the City wishes to ratify the expenditure of budgeted funds for the purchase
the buses from the Vendor, in an amount not to exceed Three Hundred Fifty -Seven Thousand
Nine Hundred Twenty Dollars and No Cents ($357,920.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of Expenditure of Budgeted Funds. The City Commission hereby
ratifies the expenditure of budgeted funds for the purchase of two (2) shuttle buses from
Model 1 Commercial Vehicles, Inc., in an amount not to exceed Three Hundred Fifty -Seven
Thousand Nine Hundred Twenty Dollars ($357,920.00), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become elleytivt'upon aa—dpption.
PASSED AND ADOPTED this lgt of January,
Larisa Svechin, Mayor
R2024 Purchase of 2 Shuttle Buses from Model 1 Page 1 of 2
ATTEST: APPROVED AS TO FORM
+ I AND LEGAL SUFFICIENCY:
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1
Mauricio Betancur, CMC, City Clerk Alfain E. Boileau, P.A., for Nabors, Giblin &
Nickerson, City Attorney
Moved by: CC`lSeconded by:(�JG�L� ,SZQN�P' L&e?a�
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
✓ (Yes)
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(Yes)
(No)
(No)
(No)
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(No)
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(No)
R2024 Purchase of 2 Shuttle Buses from Model 1 Page 2 of 2
Contract No. TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus Chassis
Type Transit Vehicles
DocuSign Envelope ID: 6FD53F08-2BF8-412C-A338-B935DB86415F
CONTRACT # TRIPS-22-CA-MB-LF-Model1
GENERAL REQUIREMENTS & CONDITIONS, CONTRACTUAL PROVISIONS
This Contract shall be a Purchasing Schedule between the Florida Department of
Transportation (the “FDOT”) and Model 1 Commercial Vehicles, Inc. (the
“Contractor”) for the manufacture and delivery of 2023 model year vehicles as specified
in the General Conditions (“Exhibit 1”). Florida Transit Agencies (the “Purchasers”),
shall have the right to purchase said vehicles with a properly executed purchase order,
the completed Order Packet (“Exhibit 8”) and documented on the Order Concurrence
Form (“Exhibit 9”). The FDOT, the Contractor and the Purchasers may hereinafter be
referred to as a “Party” and collectively as the “Parties”.
The Purchasers will be allowed to purchase this vehicle as long as current production
year chassis’ are available from the manufacturer or suppliers, under the same terms
and conditions stated in this initial Contract.
The Contractor understands that acceptance in writing by any Purchaser of the offer to
furnish any or all of the units therein, shall constitute a contract between the Contractor
and that Purchaser only, and implies no duties or responsibilities on the part of the
FDOT or Transportation Research Inspections Services (TRIPS) program. The terms
and conditions of said contract are to be administered and enforced by and between the
Purchaser and the Contractor. The Purchaser is responsible for: providing the dealer
with the properly completed forms and order information; resolution of issues relating to
liquidated damages, late payment penalties, etc; and adhering to the terms and
conditions regarding Final Acceptance and Terms of Payment as stated in the Contract.
The FDOT and the TRIPS are responsible, and have an obligation to, oversee the
proper use of Federal and State grant monies; to ensure that all Federal, State and
Contract requirements and certifications are met; monitor warranty and dealer services;
conduct on-line and/or dealer inspections and intercede on behalf of the Purchasers.
I.Scope of Work
1. The Contractor hereby agrees to provide the scope of work, perform the
services, and furnish the goods and materials (and provide all other items
necessary, proper for, or incidental thereto and as set forth in the Solicitation)
that are set forth in the Solicitation and General Conditions (“Exhibit 1”).
Throughout this Contract, all references to the term “work” include all
requirements of the specifications, regardless of whether it involves the
provision of goods or services or both.
2.Performance of Services. All of the services shall be performed by the
Contractor and its authorized subcontractors. Notwithstanding the use of one
or more subcontractors by the Contractor, the Contractor acknowledges and
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
Page 2 of 196
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agrees that all of the services performed and to be performed hereunder shall
be the sole responsibility of the Contractor, and Contractor hereby agrees that
it warrants all such work as if such work had been performed directly by the
Contractor.
3. Order of Precedence. All of the terms and conditions of the Solicitation are
hereby incorporated herein in full. In the event of a conflict between the terms
of any of the following, the more stringent requirement shall apply. If the
conflict cannot be resolved by following the most stringent requirement, the
following order of precedence shall govern: (1) Florida Administrative Code,
Chapter 14-90, as amended (“Exhibit 2”); (2) Federal Clauses for FTA-
Assisted Contracts (“Exhibit 3”), when applicable; (3) properly authorized
written Contract Amendments; (4) properly authorized Purchase Orders; (5)
this Contract; (6) the Specifications; (7) the Solicitation Addenda, if any; and
(8) the Solicitation.
4. Review of Work. Any review of the work by the FDOT, its other suppliers, or
its partner agencies, including the State of Florida, Federal Transit
Administration (FTA), and the Purchasers is for the sole benefit of the FDOT.
No such review, acceptance, or approval to proceed to the next level of
service, nor the payment of any invoice (including the last invoice, release of
retainage, or acceptance of final reports or plans and specifications) shall be
deemed to constitute: (1) detailed review or checking of design, details, or
accuracy of the Contractor's work; (2) a professional approval by the FDOT;
or (3) a release of the Contractor from any of the Contractor’s obligations or
responsibilities under the Contract, including but not limited to, the accuracy
of the plans and specifications. The FDOT's review, approval, acceptance of,
or payment for any of the services under this Contract shall not constitute a
waiver of any of the FDOT's rights under this Contract or any cause of action
it may have arising out of this Contract.
5. Contract Amendment(s). If any modification to the Contract or a Purchase
Order is required, the Parties shall execute an Amendment before the
Contractor begins performing any additional or changed tasks associated
therewith. Reference herein to the Contract includes all Amendments, if any.
The Contractor will only be entitled to adjustments to compensation and/or
contract time if such adjustments are included in a Contract Amendment.
When possible, all Contract Amendments shall be based upon the previously
agreed-to rates or unit costs.
6. Standard of Care and Quality of Goods. The Contractor shall perform (and
cause all subcontractors to perform) all services in a manner that is consistent
with the level of reasonable care, skill, judgment, and ability provided by
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
Page 3 of 196
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others providing a similar type of service in the same geographic area. The
standard of care shall not be altered by the application, interpretation, or
construction of any other provision of this Contract, or any document
incorporated or referenced herein, including the Solicitation. Unless otherwise
expressly allowed by the specifications, all items furnished by the Contractor
in connection with the work performed hereunder must be completely new
and free from defects.
7.Warranty. The Contractor shall unconditionally guarantee the materials and
workmanship on all equipment and goods furnished by it as per the schedule
listed in the Warranty Provisions (“Exhibit 1 - Part 3”). From date of
acceptance of the vehicle(s) delivered. If, within the warranty period, any
defects or signs of deterioration are noted, which, in the opinion of the
Purchasers, are due to faulty design, installation, workmanship, and/or
materials, upon notification, the Contractor, at its expense, shall repair or
adjust the equipment or parts to correct the condition, or it shall replace the
part or entire unit to the complete satisfaction of the Purchasers. Repairs,
replacements, or adjustments will be made only at such times as will be
designated by the Purchasers to be the least detrimental to the operation of
the Purchaser’s business.
II.Delivery, Compensation, Invoices and Terms of Payments
1.Delivery And Acceptance.
a.Delivery of vehicles will be agreed upon during the completion of the
Order Packet (“Exhibit 8”) and documented on the Order Concurrence
Form (“Exhibit 9”). The Contractor and the Purchaser will digitally sign
the Order Concurrence Form and upon full approval, it will then become
an Attachment to the Purchaser’s purchase order and shall be binding
under this Contract.
b. Upon completion of a Pre-Delivery Inspection (PDI) by the licensed Florida
dealer who is awarded this Contract, that Contractor will be required to
deliver the vehicles to the Purchaser. The Contractor shall notify both the
Purchaser and the FDOT District Office a minimum of 48 hours in advance
to arrange a delivery time. See schedule titled FDOT District Offices
(“Exhibit 5”).
c.Failure to coordinate delivery may result in delay of vehicle being “signed
for” as delivered. The vehicles shall be delivered clean and in first class
condition, complete and ready for service. Workmanship throughout shall
conform to the highest standard of commercially accepted practice for the
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
Page 4 of 196
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class of work and shall result in a complete, neat, and finished
appearance.
d. The Contractor shall assume all costs and responsibility relative to said
delivery to purchaser.
e. The vehicle shall be delivered with all Contractor/manufacturer’s quality
control checklists including road test and final inspection (properly
completed and signed by an authorized plant representative). Other
documents/items required at delivery include:
• A copy of the Manufacturer’s Certificate of Origin
• Application for Certificate of Title
• Bill of Sale
• Warranty Papers (forms, policy, procedures)
• Maintenance Schedule
• Operators’ manual
• Invoice (To include contract number, P.O. number, VIN#, and agency
name)
f. If any of the items listed above are missing, defective, altered, incorrect,
incomplete, etc., the vehicle will be automatically rejected. Vehicle
Delivery Checklist (“Exhibit 6”) contains a list of the minimum required
items at delivery.
g. Delivery to Purchaser is to be completed within ten (10) calendar days of
receipt of vehicle at Contractor’s site. Delivery shall be determined by
signed receipt of the contact person or their designee, at the point of
delivery. Further, since a common carrier is an independent concern, any
delay in delivery resulting from the common carrier's operations, accident,
or mechanical failures on route will be considered a cause beyond the
control of the Contractor, provided vehicles were delivered to said carrier
in ample time for delivery within normal operating conditions. Odometer
readings cannot exceed 3,000 miles at time of final delivery of completed
buses to agency(s). There will be one dollar ($1.00) per mile charge for
each vehicle with an odometer reading in excess of 3000 miles.
h. In case delivery of completed units under this Contract shall be
necessarily delayed because of weather, strike, injunctions, government
controls, or by reason of any cause or circumstances beyond control of
the Contractor, the time for completion of delivery shall be extended by the
number of days to be determined in each instance in writing and by mutual
agreement between the parties.
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
Page 5 of 196
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i. All units shall consist of new parts and materials and in no case will used
components or reconditioned or obsolete parts be accepted. Any one part
or component shall be an exact duplicate in manufacture and design as
well as construction as all others proposed for each unit. Manufacturers
must incorporate, in the units proposed, the newest technological
advancement in order to achieve maximum service life and an attractive
modern appearance.
j. All vehicle data must be entered into the TRIPS DATACenter prior to its
delivery by the Contractor. Vehicle Identification Numbers (VIN) shall be
entered into the TRIPS DATACenter within 10 days after assignment of
the VIN to the Purchase Order. Any vehicles arriving at the Contractor
without the VIN entered in the DATACenter will not be inspected until this
information is entered.
To schedule an inspection, the Contractor shall send an email to the
TRIPS Program Manager, Carlton Allen at callen@usf.edu to set up an
inspection appointment. Information in the email should include the
following:
• Anticipated delivery date
• Number of vehicles
• Whether inspection is a drop off or to be inspected while you wait
The TRIPS Program Manager will schedule the inspection and provide
confirmation to the Contractor via email. A copy of the sales order and
build order should be sent to the TRIPS Program Manager once an
inspection date has been established.
Each vehicle delivered shall have a complete set of “as built” wiring
diagrams. The Contractor should see that all noted write-ups are corrected
prior to the final delivery to the procuring agency. This inspection by
TRIPS is not represented as being “all inclusive” and in no way relieves
the Contractor from the required PDI.
k. Any vehicle delivered by the Contractor that does not comply with
specifications, conditions, and requirements shall be considered not
accepted.
l. If a vehicle is delivered incomplete or contains any defective or damaged
parts, said parts shall be removed and new parts furnished and installed
by the Contractor at no cost to the Purchaser. In the event work is
involved, whether warranty or otherwise, in repairing or placing the
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
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vehicle(s) in proper condition, then such repairs shall be made by an
approved firm.
m. Delivery of vehicle(s) by the Contractor does not constitute acceptance by
the Purchaser. Vehicle(s) shall be considered "accepted" upon inspection
by the Purchaser and the issuance of a "Letter of Acceptance" to the
Contractor. Purchaser will perform a post-delivery inspection and issue
either a “Letter of Acceptance” or a “Letter of Rejection” to Contractor,
stating areas found to be in non-compliance with the proposal
specifications, within ten (10) calendar days from receipt of vehicle(s).
Placing any new vehicle into revenue service will automatically constitute
acceptance of vehicle by Purchaser. However, a Letter of Acceptance
should still be sent to the Contractor prior to placing the vehicle into
revenue service.
n. Acceptance of the vehicles shall not release the Contractor from liability
for faulty workmanship or materials.
2. Compensation
a. Compensation under this Contract shall be Firm-Fixed Price with
Economic Adjustment.
b. The Contractor shall deliver invoices to the Purchaser upon delivery of the
vehicle(s) in detail sufficient for a proper pre-audit and post-audit thereof.
c. All invoices shall reflect the applicable Contract prices as referenced
within the Order Packets (“Exhibit 8”) and shall show details of the
computation of the amount requested in a form satisfactory to the
Purchaser.
d. Firm Price and Price Escalation or De-Escalation. Following the Contract
of the initial model production year, the FDOT will have an option to
extend the Contract for four succeeding model production years.
Extension of any options shall be subject to the same pricing, terms and
conditions of the original Contract. However, a chassis model price
increase will be considered when a model year change is specific to the
automotive or bus industry. The Contractor shall provide a certification
from the manufacturer to justify the chassis model price increase. The
price may be adjusted only in the same amount as the price increase to
the Contractor. The Contractor must submit the request and all necessary
documentation to the FDOT and TRIPS Program Administrator. The date
found on the Manufacturer’s letter, stating the new chassis cost, shall be
the month used as the future recomputation month.
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
Page 7 of 196
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The FDOT reserves the right to:
1. Grant or decline any request for escalation or de-escalation with or
without cause.
2. Request additional documentation from the referenced manufacturer
justifying any requested increase. In the event of such request the
FDOT will only allow the Contractor to increase its contract price by the
amount of the actual increase as provided by the parts manufacturer.
Any decision of the FDOT to grant or decline a request for price
adjustment will be at the FDOT’s sole discretion and its decision shall be
final. Annual rate adjustments for services will be at the discretion of the
FDOT.
e. The Contractor shall provide the Purchaser with Certificates of Origin for
any and all steel, iron, and/or manufactured goods delivered or utilized by
the Contractor in any work or Project contemplated herein, regardless of
the individual value of such steel, iron, and/or manufactured goods, when
the overall Contract value meets or exceeds One Hundred Fifty Thousand
Dollars ($150,000.00). The Contractor shall also provide separate
Certificates of Origin for each component part contained in any and all
manufactured goods delivered or utilized by the Contractor in any work or
Project under this Contract. Certificates of Origin must accompany all
related invoices that the Contractor submits to the FDOT for payment. If
the Contractor fails to submit required Certificates of Origin with its
invoices, the Purchaser may withhold payments due the Contractor until
the Contractor has complied therewith.
f. The general cost principles and procedures for the negotiation and
administration, and the determination or allowance of costs under this
Contract will be as set forth in the Code of Federal Regulations, Titles 23,
48, 49, and other pertinent federal and state regulations, as applicable,
with the understanding that there is no conflict between state regulations
and federal regulations in that the more restrictive of the applicable
regulations will govern.
g. Records of costs incurred under the terms of this Contract shall be
maintained by the Contractor and upon written request, made available to
the FDOT and/or Purchaser at all times during the period of this Contract
and for five (5) years after final payment is made for the work pursuant to
this Contract. Copies of these documents and records shall be furnished
to the FDOT and/or Purchaser upon request.
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
Page 8 of 196
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h. Records of costs incurred will include: (1) the Contractor's general
accounting records and Project records; (2) supporting documents and
records of the Contractor and all subcontractors within the scope of this
Contract; and (3) all other records related to the Contract that are
considered necessary by the FDOT and/or Purchaser for a proper audit of
costs.
i. The Purchaser will have the right to retain, out of any payment due the
Contractor under this Contract, an amount sufficient to satisfy any amount
due and owing to the Purchaser by the Contractor on this Contract or any
other agreement between the Contractor and the Purchaser. The
Purchaser may withhold the amount of its actual damages when the
Contractor is in default under any provision of this Contract, or when the
Purchaser determines that the schedule cannot be met and an extension
of time is not warranted. The Purchaser may also withhold payment when
payment from the Contractor is due in connection with indemnification or
any other agreement between the Contractor and the Purchaser. This
right to withhold payments will continue until such time as the Purchaser
has been made whole.
j. All invoices requesting payment for subcontractor's services, Contractor's
services, reimbursable items, or expense items, must have copies of
actual invoices or receipts attached which support the amounts invoiced,
in such form and with such supporting detail as the Purchaser may
require.
k. The Purchaser shall have the right, but not the obligation, based upon
sworn statements of accounts from the subcontractors, and in accordance
with the Contractor's written request, to pay a specific amount directly to a
subcontractor. In such event, the Contractor agrees that any such
payments shall be treated as a direct payment to the Contractor’s
account.
i. The Purchaser shall make payments to the Contractor based upon the
approved invoices and supporting documentation and deliverables
within Sixty (60) days of the receipt by the Purchaser of a complete
invoice. Invoice payment requirements do not start until a properly
completed invoice is provided to the Purchaser. If an invoice is not
approved, in whole or in part, the Purchaser will inform the Contractor
of the issue within ten (10) days of receipt and Contractor will not be
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
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paid until the issue has been resolved to the satisfaction of the
Purchaser.
ii. All compensation for services under a particular Purchase Order is
subject to and contingent upon the availability of the federal, state,
and/or local funding source that is applicable to the work or Purchase
Order.
iii. The acceptance of final payment by the Contractor shall be a full
release of the Purchaser and its members, officers, agents, and
employees for any and all claims arising out of or relating to this
Contract. The Contractor hereby waives all indirect, incidental,
special, and consequential damages in any proceeding arising out of
or relating to this Contract.
3. Federal And State Tax
The Purchasers are exempt from payment of Federal Excise Tax and Florida
State Tax. Said taxes must not be included in the Contract price. Any other sales
tax, use tax, imports, revenues, excise or other taxes which may now or hereafter
be imposed by Congress, by the State, or any political subdivision thereof and
applicable to the sale and delivery of the product as a result of this proposal, and
which by terms of the tax law, may be passed directly to a Purchaser, will be paid
by the Purchaser. Such taxes, as may be included, must be identified as to
amount(s) and type of tax.
4. On-Line Inspections
The TRIPS reserves the right to perform an on-line inspection of any vehicles
procured as a result of this Contract. If any defective or non-compliance items
are found during the on-line inspection, the TRIPS may choose to perform
subsequent on-line inspections at a date agreeable to both parties.
5. Indemnification
Proposer must agree to save, keep, and bear harmless and fully indemnify any
Purchaser and any of its officers, or FDOT personnel from all damages, costs, or
expenses in law or equity, that may at any time arise or to be set up, for any
infringement of the patent rights of any person or persons in consequence of the use
by a Purchaser or by any of its officers or proposal coordinators, of articles supplied
under contract, arising from proposals submitted and which a Purchaser gives the
Contractor notice in writing of any such claims or suit and provides necessary
cooperation for the defense of said claim or suit.
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
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III. Federal Motor Vehicle Safety Standards
All vehicles covered by these specifications shall be in compliance with
applicable Federal Motor Vehicle Safety Standards (FMVSS) established by the
National Highway Traffic Safety Administration. If compliance with applicable
FMVSS is required, the Contractor shall ensure that the FMVSS sticker is affixed
to all vehicles delivered. Vehicles must be in compliance with all the
requirements of the laws of the State of Florida as to lighting equipment, and all
warning and safety devices. In the event there are changes in the Federal Motor
Vehicles Safety Standards between date of this Contract and date of
manufacture, any new requirements applicable at time of manufacture will be
considered separately and the price for same determined by mutual agreement.
In granting this, the Contractor is not relieved of the responsibility of providing the
Purchaser with all available information relative to the engineering structure, and
design change so affected and the impact (if any) these changes may have on
the durable-useful life and attractive appearance of the vehicle to be provided per
these specifications.
IV. Liquidated Damages
In the event of delay in completion of the delivery of vehicles beyond the date
specified, in addition to any granted extensions agreed to in writing by the
Purchaser, any affected Purchaser shall assess as liquidated damages, twenty-
five dollars ($25.00) per calendar day per vehicle.
V. Parts And Manuals
A supply of replacement parts for the vehicles specified must be guaranteed by
the Contractor for a ten-year period from date of purchase. The Contractor shall
provide Purchaser with complete “as built” wiring diagrams for the entire vehicle,
a current service manual and a current parts manual (“as-built” drawings, service
manual and parts manual may be on a digital or web based platform as
determined by the Purchaser). These should be provided for each vehicle with a
maximum of two (2) sets per Purchaser if they are purchasing more than two (2)
vehicles. One (1) Operator's Manual shall be provided for each vehicle,
regardless of the number of vehicles ordered by a given Purchaser. A list of any
special tools or equipment will also be provided. The supplied operator's and
maintenance manuals and wiring diagrams shall incorporate the options ordered
on purchaser’s vehicles.
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
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VI. Altoona Testing
Either a final report from the Altoona Bus Testing Center or documentation from
the Federal Transit Administration stating that the vehicles are not required to
undergo Altoona testing must be submitted with each proposal.
VII. Titling Vehicles
Unless specified otherwise, Vehicles shall be titled to the Purchaser with the
Florida Department Transportation, 605 Suwannee Street, Mail Station 26,
Tallahassee, Florida 32399-0450 listed as the only lien holder.
The Contractor shall be responsible for applying for Title and purchasing a
license tag on behalf of the Purchaser.
VIII. Contract Term and Termination
1. Contract Term
The Purchasers will be allowed to purchase this vehicle as long as current
production year chassis are available from the manufacturer or suppliers, under the
same terms and conditions stated in this initial Contract.
Following award of the initial model production year, the FDOT will have an option to
extend the Contract for four succeeding model production years via a properly
negotiated and executed Contract Amendment. Any Contract Amendments shall be
subject to the same pricing, terms and conditions of the original Contract. However,
a chassis model price increase will be considered when a model year change is
specific to the automotive or bus industry. The Contractor shall provide a certification
from the manufacturer to justify the chassis model price increase. The price may be
adjusted only in the same amount as the price increase to the Contractor. The
Contractor must submit the request and all necessary documentation to the TRIPS
Program Administrator.
The Contractor may request an increase in the second stage production costs after,
or in conjunction with, the chassis increase request being received by the TRIPS
Program Administrator. The TRIPS will compute the second stage costs utilizing the
formula explained in Second Stage Price Escalation/De-Escalation Formula
(“Exhibit 7”). A final annual adjustment will then be authorized after combining the
chassis increase with the second stage increase, if any.
2. Termination for Cause
The Contractor shall be considered in default of the Contract and such default
will be considered as cause for the FDOT to terminate the Contract, in whole or
in part, for any of the following reasons, if the Contractor:
Florida Department of Transportation
Public Transit Office
TRIPS-22-CA-MB-LF-Model1
Standard Cutaway and Minibus
Chassis Type Transit Vehicles
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a. Fails to begin the work under the contract within the time specified in the
"Notice to Proceed,'' or
b. Fails to perform the Work, or fails to maintain adequate progress towards
completion of the work, or fails to provide sufficient workers, equipment
and/or materials to assure completion of work in accordance with the
terms of the Contract, or
c. Performs the work unsuitably or neglects or refuses to remove materials
or to perform anew such Work as may be rejected as unacceptable and
unsuitable, or
d. Discontinues the execution of the work, or
e. Fails to resume work which has been discontinued within a reasonable
time after notice to do so, or
f. Becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy or insolvency, or
g. Allows any final judgment to stand against the Contractor unsatisfied for a
period of 10 days, or
h. Makes an assignment for the benefit of creditors, or
i. Fails to carry out the requirements of the FDOT's DBE Participation
Program, or
j. If at any time the Surety executing the bond is determined by the FDOT to
be unacceptable and the Contractor fails to furnish an acceptable
substitute Surety within ten (10) days after notice from the FDOT. This ten
(10) day notice and cure period is in lieu of the seven (7) day period set
forth below, or
k. For contracts that exceed One Million Dollars ($1,000,000.00), FDOT may
terminate this Contract if the Contractor is found to have submitted a false
certification or has been placed on the Scrutinized Companies with
Activities in Sudan List, the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or
l. For any other cause whatsoever, fails to carry on the work in an
acceptable manner, or
m. For any other cause explicitly provided for in this Contract as a cause for
termination.
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Should the FDOT consider the Contractor in default of the Contract for any
reason above, the FDOT shall immediately give written notice to the
Contractor and the Contractor's surety as to the reasons for considering
the Contractor in default and the FDOT’s intentions to terminate the
Contract. If the FDOT terminates the Contract for one of the reasons
stated above, the Contractor shall not be entitled to receive further
payment until the terminated work is completed.
If the Contractor or Surety, within a period of 10 days after such notice,
does not proceed in accordance therewith, then the FDOT will have full
power and FDOT without violating the Contract, to take the execution of
the terminated work out of the hands of the Contractor. The FDOT may
appropriate or use any or all materials and equipment that have been
mobilized for use in the work and are acceptable and may enter into an
agreement for the completion of the terminated work according to the
terms and provisions of the Contract, or use such other methods as in the
opinion of the FDOT or the FDOT’s authorized representative will be
required for the completion of the terminated work in an acceptable
manner, including, but not limited to accepting assignment of any or all
Subcontracts and finishing the terminated Work by whatever reasonable
method the FDOT may deem necessary.
If the Contractor is found to have submitted a false certification or has
been placed on the Scrutinized Companies that Boycott Israel List or is
engaged in a boycott of Israel, the FDOT may terminate this Contract for
cause and without the opportunity to cure, or for Contracts of One Million
Dollars ($1,000,000.00) or more, the FDOT may terminate this Contract
for cause and without the opportunity to cure if the Contractor is found to
have submitted a false certification or has been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List or is engaged in
business operations in Cuba or Syria.
All costs and charges incurred by the FDOT, together with the cost of
completing the work under the Contract, including compensation for the any
designer’s or the FDOT’s authorized representative’s services and all other
expenses made necessary thereby, will be deducted from any monies due
or which may become due the Contractor. If such expense exceeds the
sum which would have been payable under the Contract, then the
Contractor and the Surety shall be liable and shall pay to the FDOT the
amount of such excess. Termination of the Contract, or a portion thereof,
shall neither relieve the Contractor of its responsibility for the completed
work nor shall it relieve its Surety of its obligation for and concerning any
claim arising out of the work performed. If only a portion of the work is
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terminated, the Contractor shall continue to complete the remaining portions
of the work that was not terminated in accordance with the Contract. The
Contractor’s obligations to the FDOT arising from the Contractor’s improper
acts, omissions, or defaults shall survive the termination of this Contract.
The duties and obligations imposed by the Contract and the rights and
remedies available hereunder are in addition to, and not a limitation of, any
duties, obligations, rights, and remedies otherwise imposed or available by
law.
3. Termination for Convenience.
a. The FDOT may, by written notice, terminate this Contract or the work
performed hereunder, in whole or in part at any time, for the FDOT’s
convenience or because of failure to fulfill the Contract obligations. Such
action will be without prejudice to any other right or remedy of the FDOT.
Upon receipt of such notice, all services, work, and orders for materials or
services associated with the terminated work must be immediately
discontinued (unless the notice directs otherwise) and all materials as may
have been accumulated in performing the terminated work, whether
completed or in progress, shall be delivered to the FDOT.
b. If the termination is for the convenience of the FDOT, an equitable
adjustment in the Contract price will be made the portion of the work that
was terminated as set forth in this Section, and, the Contractor shall be
paid for:
1. the reasonable actual cost for the portion of all Work that was
terminated and which was fully completed under the Contract and
accepted by the FDOT, based upon the approved Schedule of Values
and/or Unit Price Schedule.
2. the reasonable actual cost for the portion of all Work that was
terminated, and which was fully completed under the Contract and
accepted by the FDOT, based upon the Offeror’s Proposal if the
Proposal contained line-item pricing for all or a portion of the
terminated Work. The amount of equitable adjustment for such Work
shall not exceed the amount for that line item.
3. at the sole option of the FDOT, the reasonable actual cost of
acceptable materials or equipment obtained or ordered by the
Contractor for the portion of the Work that was terminated prior to the
date notice of FDOT’s termination for convenience is served and
which are not incorporated in the Work, as shown by receipted bills
and actual cost records at such points of delivery as may be
designated by the FDOT.
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4. at the sole option of the FDOT, the reasonable actual cost of bonafide
irrevocable orders made for the portion of the Work that was
terminated prior to the date notice of FDOT’s termination for
convenience is served for materials and equipment but not yet
delivered to the Project site. However, such materials and equipment
must be delivered to the FDOT to a site or location designated by the
FDOT prior to release of payment for such materials and equipment.
Any request for equitable adjustment shall be subject to the limitations
of the Scope of Work and supported by actual invoices, time sheets,
and other documentation of the actual costs incurred. The Contractor
shall substantiate its request for payment in accordance with the
requirements of the Contract.
There is no entitlement to anticipatory profits or revenue or other
economic loss arising out of or resulting from FDOT’s termination, for
any reason, unless explicitly agreed to, in writing, by the FDOT as part
of a final Contract Amendment that fully resolves all outstanding issues
on the Project.
c. If the termination is due to failure to fulfill the Contractor's obligations, the
FDOT may take over the work and prosecute the same to completion by
contract or otherwise. In such case, the Contractor is liable to the FDOT
for any additional cost occasioned to the FDOT thereby.
d. If, after notice of termination for failure to fulfill Contract obligations, it is
determined that the Contractor had not so failed, the termination will be
deemed to have been affected for the convenience of the FDOT. In such
event, adjustment in the Contract price will be made as provided in
Paragraph “b” of this clause.
e. The rights and remedies of the FDOT provided in this clause are in
addition to any other rights and remedies provided by law or under this
Contract. The Contractor shall proceed to complete any part of the Work,
as directed by the FDOT, and shall attempt to settle all
Subcontractor/Contractor claims and obligations under the Contract with
the FDOT. Subject to the limitations in the Scope of Work, the Contractor
shall be compensated by the FDOT for the Contractor's reasonable costs
actually expended and profit earned on Work that has been fully
completed and accepted by the FDOT.
f. If only a portion of the Work is terminated, whether for convenience or for
cause, the Contractor shall continue to complete the remaining portions of
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the Work that were not terminated in accordance with Contract.
Termination of the Contract, or a portion thereof, shall neither relieve the
Contractor of its responsibility for the completed Work nor shall it relieve
its Surety of its obligation for and concerning any claim arising out of the
Work performed.
IX. Breaches And Dispute Resolution
Disputes arising in the performance of this Purchasing Agreement which are not
resolved by agreement of the parties shall be decided by the Florida Department
of Transportation. 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 Florida Department of Transportation. Any
appeal of decisions of the Florida Department of Transportation shall be filed and
administered by the “Administrative Procedures Act,” Chapter 120, Florida
Statues.
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 therefore shall be
made in writing to such other party within a reasonable time after the first
observance of such injury of damage.
Unless this Purchasing Agreement provides otherwise, all claims, counterclaims,
disputes and other matters in question between the TRIPS and the Contractor
arising out of or relating to this agreement or its breach will be decided by
arbitration if the parties mutually agree, or in a court of competent jurisdiction
within the State of Florida.
The duties and obligations imposed by the contract documents and the rights
and remedies available hereunder shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available by
law. No action or failure to act by the TRIPS or the 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 there under, except as may be specifically agreed in writing.
X. Disadvantaged Business Enterprise (DBE)
It is the policy of the FDOT that Disadvantaged Business enterprises as defined
in 49 CFR 26.49 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under
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this agreement. Consequently, the DBE requirements of 49 CFR 26.49 applies
to this agreement.
The TRIPS Program Administrator on behalf of the FDOT and/or Purchasers, or
their Contractor, agree to ensure Disadvantaged Business Enterprises as defined
in 49 CFR 26.49 have the maximum opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard, the Purchasers, or their
Contractors, shall take all necessary and reasonable steps in accordance with 49
CFR 26.49 to ensure that Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. The TRIPS Program
Administrator on behalf of the Purchasers and their Contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT assisted contracts.
XI. State And Local Law Disclaimer
The use of many suggested clauses are not governed by Federal law, but are
significantly affected by State law. The language of the suggested clauses may
need to be modified depending on state law. Before the suggested clauses are
used in the grantees procurement documents, the grantees should consult their
local attorney.
XII. Conflict of Interest
1. The Supplier shall not promise any employee of the FDOT, whose duties include
matters relating to or affecting the subject matter of this Contract, compensation
of any kind or nature from the Supplier, while such employee is employed by the
FDOT, or for one (1) year thereafter.
2. The Supplier affirms that it will not take part in any activities that will be a conflict
of interest with the FDOT or that would appear to compromise the integrity of the
FDOT. The Supplier shall provide written notice to the FDOT immediately upon
occurrence or first identification of any potential conflict-of-interest situation.
3. Upon request by the FDOT, the Supplier shall execute any Conflict-of-Interest
Certification that may be required.
XIII. Debarred Bidders
The Supplier has a continuing obligation to inform the FDOT whether it is or has
been placed on any debarred, suspended, or excluded parties list maintained by
the United States Government or the State of Florida. Should the Supplier,
including any of its officers or holders of a controlling interest, be included on
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such a list during the performance of this Contract, the Supplier shall immediately
inform the FDOT. This obligation must be included in all subcontracts.
XIV. Public Entity Crimes
The FDOT reserves the right to terminate this Contract effective immediately
upon written notice in the event that the Supplier or any of its affiliate(s) are
placed on the State of Florida convicted vendor list pursuant to Section 287.133,
Florida Statutes. For purposes hereof, “affiliate” shall have the meaning set forth
in Section 287.133(1)(a), Florida Statutes. The Supplier shall advise the FDOT
promptly after conviction of any “public entity crime” as defined in Section
287.133(1)(g), Florida Statutes, applicable to the Supplier or any of its affiliate(s).
XV. Non-exclusive Contract
This Contract is not exclusive. The FDOT expressly reserves the right to contract
for performance of services such as those described herein, and in the
Solicitation, with other Suppliers.
XVI. No Waiver
Failure by either Party to insist upon strict performance of any of the provisions
herein; failure or delay by either Party in exercising any rights or remedies
provided herein or by law; the FDOT's payment in whole or in part for services
hereunder; or any purported oral modification or rescission of this Contract by an
employee or agent of either Party shall not: (1) release either Party of any of its
obligations hereunder; (2) be deemed a waiver of the rights of either Party to
insist upon strict performance hereof; (3) be deemed a waiver of any of either
Party's rights or remedies under this Contract or by law; or (4) operate as a
waiver of any of the provisions hereof or constitute acquiescence therein. No
waiver of any default or breach hereunder shall extend to or affect any
subsequent or existing default or breach.
XVII. Counterparts and Electronic Signatures
This Contract may be executed in one or more counterparts, each of which will
be deemed an original, but all such counterparts will together constitute one and
the same instrument, binding on all the parties hereto even though all the parties
are not signatories to the original or the same counterpart. The counterparts of
this this Contract and all Ancillary Documents may be executed by providing an
electronic signature under the terms of the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. §§ 7001 et. seq., and Chapter 668, Florida
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Statutes and delivered by email or other electronic delivery method which will
have the same force and effect as a written signature.
XVIII. Exhibits
The following Exhibits are hereby incorporated into this Contract as part hereof
as though fully set forth herein.
Exhibit 1: General Conditions
Part 1: Technical Specifications
Part 2: Quality Assurance
Part 3: Warranty Provisions
Part 4: Paint Schemes
Part 5: Negotiated Point of Clarifications
Exhibit 2: Florida Administrative Code, Chapter 14-90
Exhibit 3: Federal Clauses for FTA-Assisted Contracts
Exhibit 4: Required Forms
Exhibit 5: FDOT District Offices
Exhibit 6: Vehicle Delivery Checklist
Exhibit 7: Second Stage Price Escalation/De-Escalation Formula
Exhibit 8: Order Packets with Pricing
Exhibit 9: Order Concurrence Form
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OFFER
By execution below, Model 1 Commercial Vehicles, Inc., hereby offers to furnish
equipment and services as specified in Florida Department of Transportation Request
for Proposal #TRIPS-22-CA-MB-LF-RFP, and agree to abide by the final negotiated
Contract, TRIPS-22-CA-MB-LF-Model1, including all General Requirements,
Conditions, Contractual Provisions and Exhibits:
OFFEROR(S):
Model 1 Commercial Vehicles, Inc.
8600 Atlantic Blvd.
Jacksonville, FL 32211
______________________________________
Contractor Authorized Signature
Nick Corley
Printed Name
Transit Bid Manager
Title
______________________________________
Date
AWARD
By Execution below, the Florida Department of Transportation accepts Offer as
indicated above.
Tony Brandin
Transit Operations Manager
______________________________________
Signature
______________________________________
Date
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7/24/2023 | 15:49 EDT
7/28/2023 | 13:42 EDT
Exhibit 1 – General Conditions
(on following pages)
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Part 1 – Technical Specifications
(on following pages)
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Technical Specifications
The technical specifications shall be updated after the first build is completed and
approved. At this time this Contract will be amended to include the specifications as
modified as a result of the first build process.
Until the first build is completed as approved, specifications shall be based on the
original Request for Proposal package, Contractor’s response and the Negotiated Point
of Clarifications (“Exhibit 1, Part 5”).
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Part 2 – Quality Assurance
(on following pages)
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QUALITY ASSURANCE PROVISIONS
1.0 CONTRACTORS IN-PLANT QUALITY ASSURANCE REQUIREMENTS
1.1 Quality Assurance Organization
Manufacturer shall establish and maintain an effective in-plant quality assurance
organization. It shall be a specifically defined organization and should be directly
responsible to Manufacturer's top management.
1.2 Control
The quality assurance organization shall exercise quality control over all phases of
production from initiation of design through manufacture and preparation for delivery.
The organization shall also control the quality of supply articles.
1.3 Authority and Responsibility
The quality assurance organization shall have the authority and responsibility for
reliability, quality control, inspection planning, establishment of the quality control
system, and the acceptance/rejection of materials and manufactured articles in the
production of the vehicles.
2.0 QUALITY ASSURANCE ORGANIZATION FUNCTIONS
The quality assurance organization shall include the following minimum functions.
2.1 Work Instructions
The quality assurance organization shall verify inspection operation instructions to
ascertain that the manufactured product meets all prescribed requirements.
2.2 Records Maintenance
The quality assurance organization shall maintain and use records and data essential to
the effective operation of its program. These records and data shall be available for
review by the FDOT/TRIPS and agency inspectors. Inspection and test records for this
procurement shall be available for a minimum of one (1) year following the completion
of the inspections and tests.
2.3 Corrective Action
The quality assurance organization shall detect and promptly assure correction of any
conditions that may result in the production of defective vehicles. These conditions may
occur in design, purchases, manufacture, tests or operations that culminate in defective
supplies, services, facilities, technical data, or standards.
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3.0 STANDARDS AND FACILITIES
The following standards and facilities shall be basic in the quality assurance process.
3.1 Configuration Control
Manufacturer shall maintain drawings and other documentation that completely describe
a qualified vehicle that meets all of the options and special requirements of this
procurement. The quality assurance organization shall verify that each transit vehicle is
manufactured in accordance with these controlled drawings and documentation.
3.2 Measuring and Testing Facilities
Manufacturer shall provide and maintain the necessary gauges and other measuring
and testing devices for use by the quality assurance organization to verify that the
vehicles conform to all specification requirements. These devices shall be calibrated at
established periods against certified measurement standards that have known valid
relationships to national standards.
3.3 Production Tooling as Media of Inspection
When production jigs, fixtures, tooling masters, templates, patterns, and other devices
are used as media of inspection, they shall be proved for accuracy at formally
established intervals and adjusted, replaced, or repaired as required to maintain quality.
3.4 Equipment Use by Trips Line Inspectors
Manufacturer's gauges and other measuring and testing devices shall be made
available for use by the FDOT/TRIPS and agency inspectors to verify the vehicles
conform to all specification requirements. If necessary, Manufacturer's personnel shall
be made available to operate the devices and to verify their condition and accuracy.
4.0 CONTROL OF PURCHASES
Manufacturer shall maintain quality control of purchases.
4.1 Supplier Control
Manufacturer shall require that each supplier maintains a quality control program for the
services and supplies that it provides. Manufacturer's quality assurance organization
shall inspect and test materials provided by suppliers for conformance to specification
requirements. Materials that have been inspected, tested, and approved shall be
identified as acceptable to the point of use in the manufacturing or assembly processes.
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4.2 Purchasing Data
Manufacturer shall verify that all applicable specification requirements are properly
included or referenced in purchase orders of articles to be used on vehicles.
5.0 MANUFACTURING CONTROL
Manufacturer shall ensure that all basic production operations, as well as other
processing and fabricating are performed under controlled conditions. Establishment of
these controlled conditions shall be based on the documented work instructions,
adequate production equipment, and special work environments if necessary.
5.1 Completed Items
A system for final inspection and test of completed vehicles shall be provided by the
quality assurance organization. It shall measure the overall quality of each completed
vehicle.
5.2 Nonconforming Materials
The quality assurance organization shall monitor Manufacturer's system for controlling
nonconforming materials. The system shall include procedures for identification,
segregation, and disposition.
5.3 Statistical Techniques
Statistical analysis, tests, and other quality control procedures may be used when
appropriate in the quality assurance processes.
5.4 Inspection Status
A system shall be maintained by the quality assurance organization for identifying the
inspection status of components and completed vehicles. Identification may include
cards, tags, or other normal quality control devices.
6.0 INSPECTION SYSTEM
The quality assurance organization shall establish, maintain, and periodically audit a
fully-documented inspection system. The system shall prescribe inspection and test of
materials, work in progress, and completed articles. As a minimum, it shall include the
following controls.
6.1 Inspection Stations
Inspection stations shall be at the best locations to provide for the work content and
characteristics to be inspected. Stations shall provide the facilities and equipment to
inspect structural, electrical, hydraulic, and other components and assemblies for
compliance with the design requirements. Stations shall also be at the best locations to
inspect or test characteristics before they are concealed by subsequent fabrication or
assembly operations. These locations shall minimally include, as practicable, under-
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body structure completion, body framing completion, body prior to paint preparation,
water test before interior trim and insulation installation, engine installation completion,
under-body dress-up and completion, vehicle prior to final paint touch-up, vehicle prior
to road test, and vehicle final road completion.
6.2 Inspection Personnel
Sufficiently trained inspectors shall be used to ensure that all materials, components,
and assemblies are inspected for conformance with the qualified vehicle design.
6.3 Inspection Records
Acceptance, rework, or rejection identification shall be attached to inspected articles.
Articles that have been accepted as a result of approved materials review actions shall
be identified. Articles that have been reworked to specified drawing configurations shall
not require special identification. Articles rejected as unsuitable or scrap shall be plainly
marked and controlled to prevent installation on the vehicle. Articles that become
obsolete as a result of engineering changes or other actions shall be controlled to
prevent unauthorized assembly or installation. Unusable articles shall be isolated and
then scrapped. Discrepancies noted by Manufacturer during assembly shall be entered
on a record that accompanies the major component, subassembly, assembly, or vehicle
from start of assembly through final inspection. Actions shall be taken to correct
discrepancies or deficiencies in the manufacturing processes, procedures, or other
conditions that cause articles to be in nonconformity with the requirements of the
contract specifications. The inspection personnel shall verify the collective actions and
mark the discrepancy record. If discrepancies cannot be corrected by replacing the
nonconforming materials, the procuring agency shall approve the modification, repair, or
method of correction to the extent that the contract specifications are affected.
6.4 Quality Assurance Audits
The quality assurance organization shall establish and maintain a quality control audit
program. Records of this program shall be subject to review by the TRIPS.
7.0 ACCEPTANCE TESTS
7.1 Responsibility
Fully documented tests shall be conducted on each production vehicle following
manufacture to determine its acceptance to the TRIPS. These acceptance tests shall
include pre-delivery inspections and testing by Manufacturer, and inspections and
testing by the TRIPS prior to and after the vehicles have been delivered.
7.2 Pre-Delivery Tests
Manufacturer shall conduct acceptance tests at its plant on each vehicle following
completion of manufacture and before delivery to the Dealer. The pre-delivery tests
shall include visual and measured inspections, as well as testing the total vehicle
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operation. The tests shall be conducted and documented in accordance with written test
plans. Additional tests may be conducted at Manufacturer's discretion to ensure that the
completed vehicles have attained the desired quality and have met the requirements in
Part 2: Technical Specifications. This additional testing shall be recorded on appropriate
test forms provided by Manufacturer. The pre-delivery tests shall be scheduled and
conducted with sufficient notice so that they may be witnessed by TRIPS line
inspectors, who may accept or reject the results of the tests. The results of pre-delivery
test, and any other tests, shall be filed with the assembly inspection records for each
vehicle. The under-floor equipment shall be made available for inspection by the TRIPS
inspectors, using a pit or vehicle hoist provided by Manufacturer. A hoist, scaffold, or
elevated platform shall be provided by Manufacturer to easily and safely inspect vehicle
roofs. The TRIPS may also conduct pre-delivery tests at Dealer locations. It is Dealer’s
responsibility to ensure that the vehicle inspection is scheduled through the TRIPS
Program. The results of this inspection will accompany the vehicle upon delivery to the
purchaser.
7.3 Inspection-Visual and Measured
Visual and measured inspections shall be conducted with the vehicle in a static
condition. The purpose of the inspection testing is to verify overall dimensional and
weight requirements to verify that the required components are included and are ready
for operation, and to verify that components and subsystems that are designed to
operate with the vehicle in the static condition do function as designed.
7.4 Total Vehicle Operation
Total vehicle operation shall be evaluated during road tests. The purpose of the road
tests is to observe and verify the operation of the vehicle as a system and to verify the
functional operation of the subsystem that can be operated only while the vehicle is in
motion. Each vehicle shall be driven for a minimum of fifteen (15) miles during the road
tests. Observed defects shall be recorded on the test forms. The vehicle shall be
retested when defects are corrected and adjustments are made. This process shall
continue until defects or required adjustments are no longer detected. Results shall be
pass/fail for these vehicle operation tests. After the road test, the line inspector
representing the TRIPS reserves the right to have Manufacturer either raise the vehicle
or drive the vehicle across a pit to allow the inspector to check the undercarriage.
8.0 POST-DELIVERY TESTS
The TRIPS may conduct acceptance tests on each delivered vehicle. The purpose of
these tests are to identify defects that have become apparent between the time of
vehicle release and delivery to the purchaser. The post-delivery tests shall include
visual inspection and vehicle operations. Vehicles that fail to pass the post-delivery tests
are subject to non-acceptance. The TRIPS shall record details of all defects notify
Manufacturer of non-acceptance of each vehicle within five (5) working days after
completion of these tests. The defects detected during these tests shall be repaired
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according to the procedures defined in Part 1: Solicitation, Offer and Award/Contractual
Provisions.
8.1 Visual Inspection
The post-delivery inspection is similar to the inspection at Manufacturer's plant and shall
be conducted with the vehicle in a static condition.
8.2 Vehicle Operation
The road tests for total vehicle operation are similar to those conducted at
Manufacturer's plant. Operational deficiencies of each vehicle shall be identified and
recorded.
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Part 3 – Warranty Provisions
(on following pages)
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1.0 BASIC PROVISIONS
1.1 Warranty Requirements
Warranties in this document are in addition to any statutory remedies or warranties
imposed on Contractor. A detailed description of the local Contractor warranty process
and terms shall be included in the proposal including information on how warranty
issues are tracked. If awarded, the final warranty agreement will be included in every
delivered vehicle. The Contractor warrants and guarantees to the TRIPS each complete
vehicle and specific subsystems and components as follows:
1.2 Complete Vehicle
The vehicle shall be warranted and guaranteed to be free from defects for a minimum of
Thirty-six (36) months or thirty-six thousand (36,000) miles, whichever comes first,
beginning on the date of acceptance by purchaser/end user of each vehicle. During this
warranty period, the vehicle shall maintain its structural and functional integrity. The
warranty is based on regular operation of the vehicle under the operating conditions
prevailing in the purchaser's locale.
1.3 Subsystems and Components
Specific subsystems and components are warranted and guaranteed to be free from
defects and related defects for the times and/or mileages given in Exhibit 5-1.
The unexpired warranty period shall remain for components or subsystems that were
repaired or replaced under warranty.
2.0 SCOPE OF WARRANTY REPAIRS
If the purchaser detects a defect within the warranty periods defined in Section 5.1.2
and 5.1.3, it shall notify the Contractor representative within 48 hours. Within five (5)
working days after receipt of notification the Contractor and purchaser shall mutually
determine whether or not the defect is covered by the warranty terms, and for
warrantied items, develop a course of action to get the vehicle back in service as soon
as possible. The maximum acceptable down time is 10 working days. If the issue is not
resolved within 10 days, a loaner vehicle should be considered. Contractors shall have
an effective system in place to allow agencies to speak with a representative about an
issue in a timely manner. The TRIPS program staff shall be available to assist when a
timely resolution has not been determined and/or implemented and down time has
become excessive. Additionally, the purchaser and the TRIPS program reserve the right
to require vehicle manufacturer on-site assistance.
3.0 REPAIRS BY CONTRACTOR
The purchaser shall make the vehicle available to Contractor for repairs in a timely
manner considering the Contractor’s schedule and course of action referenced in 5.2.0.
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Contractor shall provide at its own expense all parts, tools and space required to
complete repairs.
4.0 REPAIRS BY THE PURCHASER (IN-HOUSE WARRANTY)
The Contractor may authorize a purchaser’s service department to perform warranty
service. The Contractor is responsible for monitoring that the agency receives correct
replacement parts, return shipping and proper labor reimbursements in a timely manner.
Purchasers that perform in-house warranty are responsible for completing repairs in a
timely manner in accordance with the course of action referenced in 5.2.0. Contractor
shall provide on-line or paper systems including necessary forms to carry out the
provisions of all in-house warranty.
Monthly (or at a period to be mutually agreed upon) reports of all repairs covered by this
warranty shall be submitted by the purchaser to the contractor for reimbursement of
parts and labor.
If the purchaser performs warranty repairs in-house, it shall follow the manufacturer’s
service and maintenance recommendations as provided by requirements in Part 1,
Section 1.22, Service and Maintenance Manuals.
4.1 Parts
Parts supply for in-house warranty repairs shall be considered as a part of the course of
action referenced in 5.2.0. If purchaser uses their in-stock parts or purchases parts for
in-house warranty they shall be reimbursed at cost plus 2 percent for the failed parts
and related parts/fluids that must be replaced as a result of the failure and repair. The
purchaser shall provide parts invoices when requesting reimbursement.
Contractor may supply parts at no cost directly to purchaser for in-house warranty. In
each case, parts shall be shipped prepaid, overnight, and no later than the next
business day from receipt of the parts request.
Contractor may supply parts to purchaser for in-house warranty by way of in-stock
consignment parts at the purchaser’s location when applicable. In this case
consignment parts stock levels shall be adjusted with no cost to the purchaser.
Contractor may request that failed parts covered by warranty are returned to a specified
location or the manufacturing plant. The total cost for this action shall be paid by the
Contractor. Parts should be returned in accordance with contractor's instructions.
4.2 Labor
The purchaser shall be reimbursed by Contractor for labor. The amount shall be
determined by multiplying the number of man-hours actually required to correct the
defect by the purchaser’s current per hour, master mechanic, straight wage rate, plus
32 percent, plus the cost of towing in the vehicle if such action was necessary and if the
vehicle was in the normal service area. This wage rate shall not exceed the rate in
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effect in the purchaser’s service garage at the time the defect correction is made. The
purchaser shall not accept parts credit as payment of warranty labor claims.
4.3 Parts and Labor Reimbursement
For reimbursement of parts and labor Contractor shall provide on-line or paper systems
including necessary forms to carry out the provisions of all in-house warranty.
5.0 VOIDING OF WARRANTY
The warranty shall not apply to any part or component of the vehicle that has been
subject to misuse, negligence, accident or that has been altered in any way without
Contractor approval that adversely affects its performance, safety and reliability. The
warranty shall also be void if the purchaser fails to conduct normal inspections and
scheduled preventive maintenance procedures as recommended in Contractor’s
maintenance manuals.
6.0 EXCEPTIONS TO WARRANTY
The warranty shall not apply to scheduled maintenance items and normal wear items
such as tires and brake pads. Items furnished by the purchaser such as radios, fare
boxes and other auxiliary equipment are not covered under this contract warranty
unless such equipment is damaged by the failure of a warrantied part or component.
7.0 FLEET DEFECTS
A fleet defect is defined as the cumulative failure of the same components in the same
or similar application where such items are covered by warranty.
8.0 SCOPE OF FLEET DEFECT WARRANTY PROVISIONS
Contractor shall correct a fleet defect under the warranty provisions defined in Section
5.2.0. When the corrective action is identified the Contractor shall also promptly
undertake and complete a work program to prevent the occurrence of the same defect
in all additional vehicles purchased under this contract. The warranty on items
determined to be fleet defects shall be extended for the time and/or miles of the original
warranty. For each vehicle involved in a fleet defect, the extended warranty shall begin
on the date that the defect was corrected.
9.0 EXCEPTIONS TO FLEET DEFECTS PROVISIONS
Fleet defect warranty provisions shall not apply to damage that is a result of normal
wear and tear to such items as seats, floor covering, windows, interior trim, paint and
noncompliance with recommended maintenance practices. The provisions shall not
apply to purchaser supplied items such as fareboxes, two-way radios, etc.
10.0 CONTRACTORS RESPONSIBILITY
Contractors are responsible for all aspects of the warranty process. This includes
scheduling, coordinating and monitoring all warranty repairs and parts replacements
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until they are fully resolved. This applies to the OEM chassis, bus manufacturer and
vendor related warranty work. When two or more subcomponents are tied together by
design to create a functional system and those subcomponents are provided or installed
by different manufacturers, TRIPS expects the Contractor/Manufacturer to have
agreements in place that minimize vehicle down time due to component suppliers’
warranties and processes. TRIPS reserves the right to view these agreements at any
time. Contractors are to coordinate with agencies to provide qualified warranty repairs
with minimal disruption to agencies.
11.0 PURCHASERS’ RESPONSIBILITY
Purchasers are responsible for Conducting normal inspections and scheduled
preventive maintenance procedures as recommended in Contractor’s maintenance
manuals, , to work with the contractor to develop a course of action, to make vehicles
available for warranty repairs and when performing in-house warranty, to complete
repairs in a timely manner in accordance with the determined course of action and to
follow parts and labor agreements.
12.0 WARRANTY REPORTING
The contractor is required to maintain a database to record any reported and actionable
warranty repair. Detailed warranty reports shall be provided on a quarterly basis to the
TRIPS Program Manager. upon request by the TRIPS Manager.
Detailed warranty reports shall include at a minimum:
1. Date of warrantable action
2. Cause of warrantable action
3. Corrective action taken
4. List of repair parts required for corrective action
5. Number of calendar days vehicle out of service
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Part 4 – Paint Schemes
(on following pages)
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Paint Schemes
Paint scheme styles will be chosen and agreed upon between the Contrator and the
individual Purchaser. Pricing for agreed upon paint schemes shall be in accordance with
pricing listed in in the Order Packets (“Exhibit 8”).
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Part 5 – Negotiated Point of Clarifications
(on following pages)
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Exhibit 2 - Florida Administrative Code, Chapter 14-90
(on following pages)
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Exhibit 3 - Required Clauses for FTA-Assisted Contracts
(on following pages)
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REQUIRED CLAUSES FOR FTA-ASSISTED CONTRACTS
Rolling Stock Purchase
1. No Federal Government Obligation to Third Parties.
FDOT - FTA Master Agreement FY2020 at Section 3(l)
Applicability - all contracts
The Recipient and Contractor acknowledge and agree that,
notwithstanding any concurrence by the Federal Government in or
approval of the solicitation or award of the underlying Contract, absent the
express written consent by the Federal Government, the Federal
Government is not a party to this Contract and shall not be subject to any
obligations or liabilities to the Recipient, Contractor or any other party
(whether or not a party to that contract) pertaining to any matter resulting
from the underlying Contract. The Contractor agrees to include the above
clause in each subcontract financed in whole or in part with Federal
assistance provided by the FTA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to
its provisions.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier
2. Program Fraud and False or Fraudulent Statements and Related Acts.
FDOT - 49 U.S.C. § 5323(l) (1), 31 U.S.C. §§ 3801-3812, 18 U.S.C. § 1001 and
49 C.F.R. part 31, FTA Master Agreement at Section 39(b)(2).
Applicability - all contracts
The Contractor acknowledges that the provisions of the Program Fraud
Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and
U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31,
apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other
penalties that may be applicable, the Contractor further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves
the right to impose the penalties of the Program Fraud Civil Remedies Act
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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 FDOT of 49 U.S.C. chapter 53, the
Government reserves the right to impose the penalties of 18 U.S.C. §
1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal
Government deems appropriate.
Additional Notice to U.S. DOT Inspector General. The Contractor must
promptly notify the U.S. DOT Inspector General in addition to the FTA
Chief Counsel or Regional Counsel for the Region in which the Project is
located, if the Contractor has knowledge of potential fraud, waste, or
abuse occurring on any project receiving assistance from FTA. The
notification provision applies if a person has or may have submitted a false
claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may
have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or
embezzlement, bribery, gratuity, or similar misconduct involving federal
assistance. This responsibility occurs regardless of whether the project is
related to this Contract or another agreement with FTA, and also applies
to subcontractors at any tier. “Knowledge,” as used in this paragraph,
includes, but is not limited to, knowledge of a criminal or civil investigation
by a Federal, state, or local law enforcement or other investigative agency,
a criminal indictment or civil complaint, or probable cause that could
support a criminal indictment, or any other credible information in the
possession of the Contractor. In this paragraph, “promptly” means to refer
information without delay and without change.
The Contractor agrees to include the above clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
Flow Down Requirements - The Program Fraud clause extends to all contractors
and their subcontracts at every tier who make, present, or submit covered claims
and statements
3. Access to Records and Reports.
FDOT - 49 U.S.C. § 5325(g), 2 C.F.R. § 200.333 and 49 C.F.R. part 633, 49 CFR
part 625, 49 CFR part 630, FTA Master Agreement FY2020 at Sections 8(c)(1)
and 20
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Applicability – All contracts
a. Record Retention. The Contractor will retain, and will require its
subcontractors of all tiers to retain, complete and readily accessible
records related in whole or in part to the contract, including, but not limited
to, data, documents, reports, statistics, sub-agreements, leases,
subcontracts, arrangements, other third party agreements of any type, and
supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record
retention requirements in accordance with 2 C.F.R. § 200.333. The
Contractor shall maintain all books, records, accounts and reports
required under this Contract for a period of at not less than three (3) years
after the date of termination or expiration of this Contract, except in the
event of litigation or settlement of claims arising from the performance of
this Contract, in which case records shall be maintained until the
disposition of all such litigation, appeals, claims or exceptions related
thereto.
c. Access to Records. The Contractor agrees to provide sufficient access
to FTA and its contractors to inspect and audit records and information
related to performance of this contract as reasonably may be required.
Contractor is notified that the FDOT may be subject to the Single Audit
Act, set forth in 2 CFR Part 200, Subpart F – Audit Requirements, as
amended.
d. Access to the Sites of Performance. The Contractor agrees to permit
FTA and its contractors access to the sites of performance under this
contract as reasonably may be required.
e. Contractor agrees to comply with FTA regulations, “Transit Asset
Management; National Transit Database,” 49 C.F.R. parts 625 and 630,
as applicable, and follow applicable federal guidance.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier
4. Federal Changes.
FDOT – FTA Master Agreement (25) at Section 9(c)(1)
Applicability – All contracts
Contractor shall comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly
or by reference in the Master Agreement between the purchaser and FTA,
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Super Circular 2 CFR Part 200 and FTA Circular 4220.1F as they may be
amended or promulgated from time to time during the term of the contract.
Contractor's failure to comply shall constitute a material breach of the
contract.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier
5. Civil Rights (Title VI, EEO, ADA).
FDOT – Appendix II to Part 200, FTA Master Agreement FY2020 at Section
12(b)-(d), FTA Best Procurement Practices Manual
Applicability - All contracts
The FDOT is an Equal Opportunity Employer. As such, the FDOT agrees
to comply with all applicable Federal civil rights laws and implementing
regulations. Apart from inconsistent requirements imposed by Federal
laws or regulations, the FDOT agrees to comply with the requirements of
49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by
FTA to support procurements using exclusionary or discriminatory
specifications. Under this Agreement, the Contractor shall at all times
comply with the following requirements and shall include these
requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, national origin, sex, disability, or age. In addition, the Contractor
agrees to comply with applicable Federal implementing regulations and
other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, Sex. In accordance with
Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq.,
and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to
comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. chapter 60, and Executive Order No.
11246, "Equal Employment Opportunity in Federal Employment,"
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later
Executive Order that amends or supersedes it, referenced in 42 U.S.C. §
2000e note. The Contractor agrees to take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, national origin, or
sex (including sexual orientation and gender identity). Such action shall
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include, but not be limited to, the following: employment, promotion,
demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
3. Age. In accordance with the Age Discrimination in Employment Act,
29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission
(U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6101 et seq., U.S. Health and Human Services regulations,
“Nondiscrimination on the Basis of Age in Programs or Activities Receiving
Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law
at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition,
the Contractor agrees to comply with any implementing requirements FTA
may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities
Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural
Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against individuals on the basis of disability. In addition, the
Contractor agrees to comply with any implementing requirements FTA
may issue.
5. Sanctions for Noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this Contract, the
FDOT shall impose such contract sanctions as it, the FTA, FDOT or the
U.S. DOT may determine to be appropriate, including, but not limited to:
withholding of payments to the Contractor under the Contract until the
Contractor complies and/or cancellation, termination or suspension of the
Contract, in whole or in part.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier. In all solicitations made by the Contractor and all subcontractors,
either by competitive bidding or negotiation for work to be performed under a
subcontract, including procurements of materials and leases of equipment, each
potential subcontractor or supplier shall be notified in writing by the Contractor of
the Contractor's obligations under this Contract and the Regulations relative to
nondiscrimination on the basis of race, creed, color, sex, sexual orientation,
gender identity, national origin, religion, age, disability, or family status and that
these same obligations extend to any subcontractor, supplier or lessor.
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6. Incorporation of Federal Transit Administration (FTA) Terms.
FDOT – FTA Master Agreement (25) at Section 3(i)(5)
Applicability - All contracts
All contractual provisions required by FTA, as set forth in FTA Circular
4220.1F and the Super Circular 2 CFR Part 200, are hereby incorporated
by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in this Agreement. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any State
requests, which would cause the State to be in violation of the FTA terms
and conditions.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier
6. Energy Conservation.
FDOT - 42 U.S.C. 6321 et seq. and 49 C.F.R. part 622, subpart C
Applicability - All contracts
Contractor shall comply with mandatory standards and policies relating to
energy efficiency, stated in the state energy conservation plan issued in
compliance with the Energy Policy & Conservation Act, as amended, 42
U.S.C. § 6321 et seq., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required
under FTA regulations, “Requirements for Energy Assessments,” 49
C.F.R. part 622, subpart C.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier
7. Termination Provisions.
FDOT - 2 C.F.R. § 200.339 and 2 C.F.R. part 200, Appendix II (B), FTA Master
Agreement at Section 16(d)(2)
Applicability – All contracts
For all contracts in excess of $10,000, termination provisions are
referenced in Section IV. Term of Contract and Termination of the
Contract under Section IV of this solicitation package. These termination
provisions address termination for cause and for convenience by the non-
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federal entity and includes the manner by which it will be effected and the
basis for settlement.
Flow Down Requirements – None
8. Government-Wide Debarment and Suspension.
FDOT - 2 C.F.R. part 180, 2 C.F.R. § 180.300, 2 C.F.R part 1200, 2 C.F.R. §
200.213, 2 C.F.R. part 200 Appendix II (I), Executive Order 12549 and Executive
Order 12689, FTA Master Agreement FY2020 at Section 4(h), FTA Best
Procurement Practices Manual
Applicability - All contracts over $25,000
The Contractor shall comply and facilitate compliance with U.S. DOT
regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part
1200, which adopts and supplements the U.S. Office of Management and
Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These
provisions apply to each contract at any tier of $25,000 or more, and to
each contract at any tier for a federally required audit (irrespective of the
contract amount), and to each contract at any tier that must be approved
by an FTA official irrespective of the contract amount. As such, the
Contractor shall verify that its principals, affiliates, and subcontractors are
eligible to participate in this federally funded contract and are not presently
declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted
Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted
Award; or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or Bidder certifies
as follows:
The certification in this clause is a material representation of fact relied
upon by the FDOT. If it is later determined by the FDOT that the bidder
or Bidder knowingly rendered an erroneous certification, in addition to
remedies available to the FDOT, the Federal Government may pursue
available remedies, including but not limited to suspension and/or
debarment. The bidder or Bidder agrees to comply with the
requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2
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C.F.R. part 1200, while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or Bidder further
agrees to include a provision requiring such compliance in its lower tier
covered transactions.
Flow Down Requirements - Recipients, contractors, and subcontractors who enter
into covered transactions with a participant at the next lower level, must require
that participant to: (a) comply with subpart C of 2 C.F.R. part 180, as
supplemented by 2 C.F.R. part 1200; and (b) pass the requirement to comply with
subpart C of 2 C.F.R. part 180 to each person with whom the participant enters
into a covered transaction at the next lower tier.
9. Buy America Requirements.
FDOT - 49 U.S.C. 5323(j) and 49 C.F.R. part 661 (49 C.F.R. § 661.13(b) and 49
C.F.R. § 661.6), FTA Master Agreement FY2020 at Sections 3(h) and 16(d)(1),
FTA Best Procurement Practices Manual
Applicability – Construction Contracts and Acquisition of Goods or Rolling Stock
valued at more than $150,000. Work orders and small purchases of less than
one hundred fifty thousand dollars ($150,000.00) made with capital, operating, or
planning funds are waived from Buy America requirements.
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 all
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. Separate requirements for rolling stock are set out at
49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11.
The [bidder or offeror] must submit to FDOT the appropriate Buy America
certification below with its [bid or offer]. Bids or offers that are not
accompanied by a completed Buy America certification will be rejected as
nonresponsive.
The FDOT presumes that any Contractor who submitted such certificate is
complying with the Buy America provisions. A false certification is a
criminal act in violation of 18 U.S.C. § 1001. A Contractor who certifies
that it will comply with the applicable Buy America requirement is bound
by its original certification (in the case of a sealed bidding procurement) or
the certification it submitted with its final offer (in the case of a negotiated
procurement) and is not permitted to change its certification after bid
opening or submission of its final offer. Where a Contractor certifies that it
will comply with Buy America requirements, the Contractor is not eligible
for a waiver of those requirements. The FDOT reserves the right to
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request additional information, and/or to conduct both pre-award and post-
award audits to ensure that the Contractor is in compliance with Buy
America requirements.
Flow Down Requirements - The Buy America requirements flow down from FTA
recipients and subrecipients to first tier contractors, who are responsible for
ensuring that lower ti er contractors and subcontractors are in compliance.
10. Provisions for resolution of disputes, breaches, or other litigation.
FDOT – FTA Master Agreement FY2020 at Section 39(b)(1)-(2).
Applicability – All contracts
If a current or prospective legal matter that may affect the Federal
Government emerges, the Contractor must promptly notify the FDOT. The
Contractor must include a similar notification requirement in its
subcontracts at every tier for any agreement that is a “covered
transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not
limited to, a major dispute, breach, default, litigation, or naming the
Federal Government as a party to litigation or a legal disagreement in any
forum for any reason.
(2) Matters that may affect the Federal Government include, but are not
limited to, the Federal Government’s interests in the Award, the
accompanying Underlying Agreement, and any Amendments thereto, or
the Federal Government’s administration or enforcement of federal laws,
regulations, and requirements.
Flow Down Requirements - The Contractor must include a similar notification
requirement in its subcontracts at every tier for any agreement that is a “covered
transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
11. Lobbying Restrictions.
FDOT - 31 U.S.C. § 1352, 2 C.F.R. § 200.450, 2 C.F.R. part 200 appendix II (I)
and 49 C.F.R. part 20, appendix A, FTA Master Agreement FY2020 at Section
4(c)
Applicability - All contracts over $100,000
A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the
Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. §
1601, et seq.] - Contractors who apply or bid for an award of $100,000 or
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more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non- Federal funds with respect to that Federal
contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
B. The lobbying requirements mandate the maximum flow down pursuant
to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5). The
Contractor agrees to include the above clause in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
Flow Down Requirements - The lobbying requirements mandate the maximum
flow down pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5).
12. Clean Air.
FDOT - 42 U.S.C. 7401–7671q and FTA Master Agreement FY2020 at Section
16(d)(7)
Applicability - All contracts over $150,000
The Contractor agrees:
1) It will not use any violating facilities;
2) It will report the use of facilities placed on or likely to be placed on the
U.S. EPA “List of Violating Facilities;”
3) It will report violations of use of prohibited facilities to FTA; and
4) It will comply with the inspection and other requirements of the Clean
Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water
Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).
Flow Down Requirements - The Clean Air Act requirements flow down to all
subcontracts over $150,000 at every tier.
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13. Clean Water.
FDOT - 33 U.S.C. 1251–1388, the Federal Water Pollution Control Act 33 U.S.C.
1251-1387, as amended, FTA Master Agreement FY2020 at Section 16(d)(7)
Applicability - All contracts over $150,000
Contractor shall comply with all applicable standards, orders or regulations
issued pursuant to Section 508 of the Clean Water Act, as amended, 33
U.S.C. § 1368, and other requirements of the Clean Water Act, as
amended, 33 U.S.C. §§ 1251 – 1377. Contractor shall report each
violation to the recipient and understands and agrees that the recipient
shall, in turn, report each violation as required to FTA and the appropriate
EPA Regional Office. Contractor shall include these requirements in each
subcontract exceeding $100,000 financed in whole or in part with FTA
assistance.
Flow Down Requirements - The Clean Water requirements flow down to all
subcontracts over $150,000 at every tier.
14. Cargo Preference - Use of United States-Flag Vessels.
FDOT - 46 U.S.C. § 55305 and 46 C.F.R. part 381.7, FTA Master Agreement
FY2020 at Section 15(b), FTA C 4220.1F at Appendix D
Applicability - Contracts involving equipment, materials or commodities which
may be transported by ocean vessels
Contractor shall: (a) use privately owned US-Flag commercial vessels to
ship at least 50% 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 US
flag commercial vessels; (b) furnish within 20 working days following the
loading date of shipments originating within the US or within 30 working
days following the loading date of shipments originating outside the US, a
legible copy of a rated, "on-board" commercial bill-of-lading in English for
each shipment of cargo described herein to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC
20590 and to the recipient (through contractor in the case of a
subcontractor's bill-of-lading.); (c) include these requirements in all
subcontracts issued pursuant to this contract when the subcontract
involves the transport of equipment, material or commodities by ocean
vessel.
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Flow Down Requirements - The Cargo Preference requirements flow down to all
subcontracts involved with the transport of equipment, material, or commodities
by ocean vessel.
15. Fly America.
FDOT - 49 U.S.C. § 40118, 41 C.F.R. part 301-10 and 48 C.F.R. part 47.4, FTA
Master Agreement FY2020 at Section 15(c), FTA C 4220.1F at Appendix D
Applicability - All contracts involving transportation of persons or property, by air
between the U.S. and/or places outside the U.S.
a) Definitions. As used in this clause--
“International air transportation” means transportation by air between a
place in the United States and a place outside the United States or
between two places both of which are outside the United States.
“United States” means the 50 States, the District of Columbia, and outlying
areas.
“U.S.-flag air carrier” means an air carrier holding a certificate under 49
U.S.C. Chapter 411.
b) When Federal funds are used to fund travel, Section 5 of the
International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. 40118) (Fly America Act) requires contractors, recipients, and
others use U.S.-flag air carriers for U.S. Government-financed
international air transportation of personnel (and their personal effects) or
property, to the extent that service by those carriers is available. It
requires the Comptroller General of the United States, in the absence of
satisfactory proof of the necessity for foreign-flag air transportation, to
disallow expenditures from funds, appropriated or otherwise established
for the account of the United States, for international air transportation
secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is
available to provide such services.
c) If available, the Contractor, in performing work under this contract, shall
use U.S.-flag carriers for international air transportation of personnel (and
their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S.-flag
air carrier for international air transportation, the Contractor shall include a
statement on vouchers involving such transportation essentially as follows:
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Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal
effects) or property by U.S.-flag air carrier was not available
or it was necessary to use foreign-flag air carrier service for
the following reasons. See FAR § 47.403. [State reasons]:
_____________________________________________
(End of statement)
e) The Contractor shall include the substance of this clause, including this
paragraph (e), in each subcontract or purchase under this contract that
may involve international air transportation.
Flow Down Requirements - The Fly America requirements flow down from FTA
recipients and subrecipients to first tier contractors who are responsible for ensuring
that lower tier contractors and subcontractors are in compliance.
16. Contract Work Hours and Safety Standards Act
FDOT – Appendix II to Part 200, 40 U.S.C. §§ 3701-3708 and 29 C.F.R. part
1926, FTA Master Agreement FY2020 at Section 16(d)(5), FTA C 4220.1F at
Appendix D
Applicability - Contracts over $100,000 that involve the employment of
mechanics or laborers
For all contracts in excess of $100,000 that involve the employment of
mechanics or laborers, the Contractor shall comply with the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as
supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40
U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every
mechanic and laborer, including watchmen and guards, on the basis of a
standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. § 3704 are applicable to construction work and provide that no
laborer or mechanic be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchase of supplies or materials or
articles ordinarily available on the open market, or to contracts for
transportation or transmission of intelligence.
In the event of any violation of the clause set forth herein, the Contractor
and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, the Contractor and subcontractor shall be liable to the
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United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), 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 this clause 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 this clause.
The FTA 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 this section.
The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in 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 this
agreement.
Contract Work Hours and Safety Standards for Awards Not Involving
Construction
The Contractor shall comply with all federal laws, regulations, and
requirements providing wage and hour protections for non-construction
employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours
and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. §
3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Non-
construction Contracts Subject to the Contract Work Hours and Safety
Standards Act),” 29 C.F.R. part 5.
The Contractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three (3) 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
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and weekly number of hours worked, deductions made, and actual wages
paid.
Such records maintained under this paragraph shall be made available by
the Contractor for inspection, copying, or transcription by authorized
representatives of the FTA and the Department of Labor, and the
Contractor will permit such representatives to interview employees during
working hours on the job.
The contractor shall require the inclusion of the language of this clause
within subcontracts of all tiers.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier.
17. Disadvantaged Business Enterprises (DBEs).
FDOT - 49 C.F.R. part 26, 49 C.F.R. § 26.13(b), FTA Master Agreement FY2020
at Section 12(e)(4)(ii), FTA C 4220.1F at Appendix D
Applicability - All contracts
This contract is subject to the requirements of Title 49, Code of Federal
Regulations, Part 26, Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance
Programs and with section 1101(b) of SAFETEA LU, 23 U.S.C.§101.
The contractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and
administration of this FTA-assisted contract. Failure by the contractor to
carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy as
FDOT deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph. The
successful Bidder/offeror will be required to report its DBE participation
obtained through race-neutral means throughout the period of
performance.
Flow Down Requirements - The DBE contracting requirements flow down to all
third-party contractors and their contracts at every tier. Note that it is the FDOT’s
and prime contractor’s responsibility to ensure the DBE requirements are
applied across the board to all subrecipients/contractors/subcontractors. Should
a subcontractor fail to comply with the DBE regulations, FTA would look to the
FDOT to make sure it intervenes to monitor compliance. The onus for
compliance is on the FDOT.
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18. ADA Access.
FDOT – 49 U.S.C. § 5301, 29U.S.C. § 794, 42 U.S.C. § 12101, FTA Master
Agreement FY 2020 at Section 12(h), FTA C 4220.1F at Appendix D-3.
Applicability – All contracts
The Contractor agrees to comply with the requirements of 49 U.S.C. §
5301(d) which expresses the federal policy that the elderly and persons
with disabilities have the same right as other persons to use mass
transportation service and facilities, and that special efforts shall be made
in planning and designing those services and facilities to implement those
policies. The Contractor also agrees to comply with all applicable
requirements of sections 503 and 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of
handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as
amended, 42 U.S.C. §§ 12101 et seq., which requires the provision of
accessible facilities and services, and with the following federal regulations,
including any amendments thereto: (1) U.S. DOT regulations,
“Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
Part 37; (2) U.S. DOT regulations, “Nondiscrimination on the Basis of
Handicap in Programs and Activities Receiving or Benefiting from Federal
Financial Assistance,” 49 C.F.R. Part 27; (3) Joint U.S. Architectural and
Transportation Barriers Compliance Board/U.S. DOT regulations,
“Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4)
U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State
and Local Government Services,” 28 C.F.R. Part 35; (5) U.S. DOJ
regulations, “Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities,” 28 C.F.R. Part 36; (6) U.S.
GSA regulations, “Accommodations for the Physically Handicapped,” 41
C.F.R. Subpart 101-19; (7) U.S. Equal Employment Opportunity
Commission, “Regulations to Implement the Equal Employment Provisions
of the Americans with Disabilities Act,” 29 C.F.R. Part 1630; (8) U.S.
Federal Communications Commission regulations, “Telecommunications
Relay Services and Related Customer Premises Equipment for the
Hearing and Speech Disabled,” 47 C.F.R. Part 64, Subpart F; and (9) FTA
regulations, “Transportation for Elderly and Handicapped Persons,” 49
C.F.R. Part 609; and (10) Any implementing requirements FTA may issue.
Flow Down Requirements - This section applies to subcontractors at all tiers.
19. Veterans Preference.
FDOT – 49 USC § 5325(k), FTA Master Agreement FY 2020 at Section 16(u)
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Applicability – All contracts
To the extent practicable, the Contractor agrees to give a hiring
preference to veterans (as defined in 5 USC § 2108) who have the skills
and abilities required to perform construction work required for a capital
project supported with funds made available or appropriated for 49 USC
chapter 53; provided, however, the Contractor may not give a hiring
preference to any veteran over any equally qualified applicant who is a
member of any racial or ethnic minority, female, an individual with a
disability or a former employee.
Flow Down Requirements – None
20. Motor Carrier Safety
FDOT - FTA Master Agreement, FY2020 Section 33
Applicability - All contracts
Contractor agrees that it will comply with the applicable economic and
insurance registration requirements of the:
(1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA)
regulations, “Minimum Levels of Financial Responsibility for Motor
Carriers,” 49 C.F.R. part 387, if it is engaged in operations requiring
compliance with 49 C.F.R. part 387, it is engaged in interstate commerce,
and it is not within a defined commercial zone;
(2) The provisions of 49 U.S.C. § 31138(e)(4), which supersede
inconsistent provisions of 49 C.F.R. part 387, and reduce the amount of
insurance the Recipient must obtain to the highest amount required by any
state in which the public transportation provider operates, if it operates
within a public transportation service area located in more than one state,
and receives federal assistance under 49 U.S.C. §§ 5307, 5310, and
5311;
(3) The safety requirements of U.S. FMCSA regulations, “Federal Motor
Carrier Safety Regulations,” 49 C.F.R. parts 390 – 397, to the extent
applicable; and
(4) The driver’s license requirements of U.S. FMCSA regulations,
“Commercial Driver’s License Standards, Requirements, and Penalties,”
49 C.F.R. part 383, and “State Compliance with Commercial Driver's
License,” 49 C.F.R. part 384, to the extent applicable, with the substance
abuse requirements and guidance of U.S. FMCSA’s regulations,
“Controlled Substances and Alcohol Use and Testing,” 49 C.F.R. part 382,
and implementing federal guidance, to the extent applicable.
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Flow Down Requirements – This requirement flows down to all subcontracts at
every tier
21. Safe Operation of Motor Vehicles.
FDOT - FTA Master Agreement, FY2020 Section 34(a)(2) and (b)(iii)
Applicability - All contracts
Contractor is encouraged to adopt and promote on-the-job seat belt use
policies and programs for its employees and other personnel that operate
company-owned vehicles, company rented vehicles, or personally
operated vehicles. The terms “company owned” and “company-leased”
refer to vehicles owned or leased either by the Contractor or FDOT.
Contractor is further encouraged to adopt and enforce workplace safety
policies to decrease crashes caused by distracted drivers, including
policies to ban text messaging while using an electronic device supplied
by an employer, and driving a vehicle the driver owns or rents, a vehicle
Contactor owns, leases, or rents, or a privately-owned vehicle when on
official business in connection with the work performed under this
agreement. Contractor is also encouraged to conduct workplace safety
initiatives in a manner commensurate with its size, such as establishing
new rules and programs to prohibit text messaging while driving, re-
evaluating the existing programs to prohibit text messaging while driving,
and providing education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
Flow Down Requirements – This requirement flows down to all subcontracts at
every tier
22. Protection of Sensitive and Personally Identifiable Information
FDOT - FTA Master Agreement, FY2020 Section 36(c), US DOT Common Rules
Applicability - All contracts
Contractor must implement reasonable measures to safeguard protected
personally identifiable information as well as any information that the FTA
or pass-through entity designates as sensitive.
Flow Down Requirements – This requirement flows down to all subcontracts at
every tier.
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23. Trafficking in Persons.
FDOT - Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),
as amended, 22 U.S.C. § 7104(g); FTA Master Agreement FY 2020 at Section
4(f)
Applicability - All contracts
Contractor agrees that it and its employees that participate in the Contract,
may not: Engage in severe forms of trafficking in persons during the
period of time that the Contract is in effect, Procure a commercial sex act
during the period of time that the Contract is in effect, or Use forced labor
in the performance of the Contract or subagreements thereunder.
Violation of this provision provides FDOT the right to unilaterally terminate
the Contract.
Flow Down Requirements – This requirement flows down to all subcontracts at
every tier.
24. Federal Tax Liability and Recent Felony Convictions.
FDOT - 2019 Pub. L 116-6; FTA Master Agreement FY 2020 at Section 4(g), DOT
Order 4200.6.
Applicability - All contracts
By submitting a bid or otherwise attempting to enter into a contract with the
FDOT, the undersigned Contractor certifies that it:
(A) Does not have any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the FDOT responsible for collecting the tax liability; and
(B) Was not convicted of the felony criminal violation under any Federal
law within the preceding 24 months.
Flow Down Requirements – This requirement flows down to all subcontracts at
every tier
25. Domestic Preferences for Procurements.
FDOT - 2 CFR part 200 Appendix II (L); 2 C.F.R. § 200.322
Applicability - All contracts
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As appropriate and to the extent consistent with law, the Contractor
should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in
the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts and
purchase orders for work or products under this Contract.
Flow Down Requirements – This requirement flows down to all subcontracts at
every tier
26. Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment.
FDOT - 2 CFR part 200 Appendix II (K); 2 C.F.R. § 200.216
Applicability - All contracts
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or
backbone network, and the small subnetworks at the edge of the
network (e.g., connecting cell phones/towers to the core telephone
network). Backhaul can be wireless (e.g., microwave) or wired (e.g.,
fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities);
(2) For the purpose of public safety, security of Government
facilities, physical security surveillance of critical infrastructure,
and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by
such entities or using such equipment; or
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(4) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense,
in consultation with the Director of National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise
connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United
States Munitions List set forth in the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22, Code of
Federal Regulations;
(2) Items included on the Commerce Control List set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations under subchapter C of chapter VII of title 15, Code
of Federal Regulations, and controlled;
(i) Pursuant to multilateral regimes, including for reasons
relating to national security, chemical and biological weapons
proliferation, nuclear nonproliferation, or missile technology;
or
(ii) For reasons relating to regional stability or surreptitious
listening;
(2) Specially designed and prepared nuclear equipment, parts and
components, materials, software, and technology covered by
part 810 of title 10, Code of Federal Regulations (relating to
assistance to foreign atomic energy activities);
(3) Nuclear facilities, equipment, and material covered by part 110
of title 10, Code of Federal Regulations (relating to export and
import of nuclear equipment and material);
(4) Select agents and toxins covered by part 331 of title 7, Code of
Federal Regulations, part 121 of title 9 of such Code, or part 73
of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to
section 1758 of the Export Control Reform Act of 2018 (50
U.S.C. 4817).
Interconnection arrangements means arrangements governing the
physical connection of two or more networks to allow the use of
another's network to hand off traffic where it is ultimately delivered (e.g.,
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connection of a customer of telephone provider A to a customer of
telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information
in the entity's possession about the identity of the producer or provider of
covered telecommunications equipment or services used by the entity that
excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data)
received from a visited network when unable to connect to the facilities of
the home network either because signal coverage is too weak or because
traffic is too high.
Substantial or essential component means any component necessary for
the proper function or performance of a piece of equipment, system, or
service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
prohibits FDOT from procuring or obtaining, or extending or
renewing a contract to procure or obtain, any equipment,
system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system. The
Contractor is prohibited from providing to the FDOT any
equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as
part of any system.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
prohibits the FDOT on or after August 13, 2020, from entering
into a contract, or extending or renewing a contract, with an
entity that uses any equipment, system, or service that uses
covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system, unless an exception at
paragraph (c) of this clause applies or the covered
telecommunication equipment or services are covered by a
waiver described in FAR 4.2104. This prohibition applies to the
use of covered telecommunications equipment or services,
regardless of whether that use is in performance of work under a
Federal contract.
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(c) Exceptions. This clause does not prohibit contractors from
providing—
(1) A service that connects to the facilities of a third-party, such as
backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect
user data traffic or permit visibility into any user data or packets
that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered
telecommunications equipment or services used as a substantial
or essential component of any system, or as critical technology
as part of any system, during contract performance, or the
Contractor is notified of such by a subcontractor at any tier or by
any other source, the Contractor shall report the information in
paragraph (d);
(2) (2) of this clause to the FDOT immediately.
Flow Down Requirements – This requirement flows down to all subcontracts at
every tier.
27. Bus Testing.
FDOT - 49 U.S.C. § 5318(e) and 49 C.F.R. part 665, FTA Master Agreement
FY2020 at Section 16(m)
Applicability - Rolling Stock, except minivans
Contractor shall comply with 49 USC A5323(c) and FTA's implementing
regulation 49 CFR part 665, to the extent they are consistent with 49
U.S.C. § 5318(e), as amended; 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 prior to the recipient's final acceptance of the first vehicle.
(2) A manufacturer who releases a report under para. 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 the recipient's final
acceptance of the first vehicle. If configuration or components are not
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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
US before Oct. 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.
Flow Down Requirements - None
28. Pre-Award and Post-Delivery Audit Requirements.
FDOT - 49 U.S.C. 5323(m) and 49 C.F.R. part 663, FTA Master Agreement
FY2020 at Section 16(m)
Applicability - Rolling Stock
The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's
implementing regulation at 49 C.F.R. part 663. The Contractor shall
comply with the Buy America certification(s) submitted with its
proposal/bid. The Contractor agrees to participate and cooperate in any
pre-award and post-delivery audits performed pursuant to 49 C.F.R. part
663 and related FTA guidance.
Flow Down Requirements – None
29. FTA Clauses Required when DBE Threshold Has Been Met.
Applicability – All contracts where there is DBE Participation
a. Contract Assurance. 49 CFR Part 26.13
The Contractor, subrecipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of
this Contract. The Contractor shall carry out applicable requirements of
49 C.F.R. part 26.13 in the award and administration of DOT-assisted
contracts. Failure by the Contractor to carry out these requirements is
a material breach of this Contract, which may result in the termination
of this Contract or such other remedy as the FDOT deems appropriate.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier.
b. Monitoring the Performance of other Program Participants. 49 CFR Part
26.37
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The FDOT will monitor each DOT funded contract with DBE
participation to ensure that all work committed to DBEs at contract
award or subsequently (as a result of contract modification) is actually
performed by the DBEs to which the work was committed. Site visit will
be conducted periodically by staff. Contractor’s Request for Payment
forms will be monitored to ensure that DBEs are being paid in
accordance to their signed agreements.
All Prime Contractors will be required to self-report all payments
received from the FDOT into the B2GNow (Contract Compliance
Tracking System). This system tracks payments made to the prime
contractor and all payments made by the prime to any subcontractors,
to include DBEs, and the timeliness of those payments in accordance
to FDOT’s Prompt Payment Clause.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier.
c. Prompt Payment. 49 CFR PART 26.29(A)
Contractors are required to pay all subcontractors for satisfactory
performance of their contracts within seven (7) business days from
receipt of each payment from the FDOT. Failure to comply may result
in future withholdings of prime contractor’s reimbursements and/or
other sanctions until the prime contractor ensure all subcontractors are
being promptly paid for all work performed.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier.
d. Return of Retainage. 49 CFR Part 26.29(b), FY2019 FTA Procurement
System Review Guide at P11.
Contractor is required to ensure prompt and full payment of retainage to
all subcontractors within thirty (30 days) after the subcontractor’s work
is satisfactorily completed. Contractor is prohibited from holding
retainage from subcontractors until the project is completed. A
subcontractor's work is satisfactorily completed when all the tasks
called for in the subcontract have been accomplished and documented
as required by the FDOT. When FDOT has made an incremental
acceptance of a portion of a prime contract, the work of a
subcontractor covered by that acceptance is deemed to be
satisfactorily completed.
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Flow Down Requirements - This requirement flows down to all subcontracts at
every tier
e. Termination for Convenience (DBE). 49 CFR Part 26.53
No prime contractor will terminate for convenience a DBE
subcontractor that was listed and agreed to perform a project task (or
an approved substitute DBE firm) and then perform the work of the
terminated subcontract with its own forces or those of an affiliate,
without prior written consent from FDOT’s Diversity & Equity Program
Office.
The prime contractor shall utilize the specific DBEs listed to perform
the work and supply the materials for which each is listed unless the
prime contractor obtains written consent form FDOT’s Diversity &
Equity Program Office; and unless the consent is provided the
contractor shall not be entitled to any payment for work or material
unless it is performed or supplied by the listed DBE.
Appropriate administrative remedies will be invoked to any Prime
Contractor that terminates and/or removes a DBE firm/s for
convenience. Those remedies may include requirement to pay
terminated DBE firm/s; withholding of future payments and/or
retainage; and/or disbarment from future consideration of project
awards with the FDOT.
Flow Down Requirements - This requirement flows down to all subcontracts at
every tier
Other Federal Requirements
The following requirements are not federal clauses, but apply to all contracts except
micro- purchases ($3,500 or less)
Full and Open Competition.
In accordance with 49 U.S.C. § 5325(a) all procurement transactions shall be
conducted in a manner that provides full and open competition.
Prohibition Against Exclusionary or Discriminatory Specifications.
Apart from inconsistent requirements imposed by Federal statute or
regulations, the contractor shall comply with the requirements of 49 USC
5323(h)(2) by refraining from using any FTA assistance to support
procurements using exclusionary or discriminatory specifications.
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Access Requirements for Persons with Disabilities. Contractor shall comply
with 49 USC 5301(d), stating Federal policy that the elderly and persons with
disabilities have the same rights as other persons to use mass transportation
services and facilities and that special efforts shall be made in planning and
designing those services and facilities to implement that policy. Contractor
shall also comply with all applicable requirements of Sec. 504 of the
Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits
discrimination on the basis of handicaps, and the Americans with Disabilities
Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that
accessible facilities and services be made available to persons with disabilities,
including any subsequent amendments thereto.
Notification of Federal Participation. To the extent required by law, in the
announcement of any third party contract award for goods and services
(including construction services) having an aggregate value of $500,000
or more, contractor shall specify the amount of Federal assistance to be used in
financing that acquisition of goods and services and to express that amount of
Federal assistance as a percentage of the total cost of the third party contract.
Interest of Members or Delegates to Congress. No members of, or delegates
to, the US Congress shall be admitted to any share or part of this contract nor to
any benefit arising therefrom.
Ineligible Contractors and Subcontractors. Any name appearing upon the
Comptroller General’s list of ineligible contractors for federally-assisted
contracts shall be ineligible to act as a subcontractor for contractor pursuant
to this contract. If contractor is on the Comptroller General’s list of ineligible
contractors for federally financed or assisted construction, the recipient shall
cancel, terminate or suspend this contract.
Compliance with Federal Regulations. Any contract entered pursuant to this
solicitation shall contain the following provisions: All USDOT-required
contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated
by reference. Anything to the contrary herein notwithstanding, FTA mandated
terms shall control in the event of a conflict with other provisions contained
in this Agreement. Contractor shall not perform any act, fail to perform any
act, or refuse to comply with any grantee request that would cause the
recipient to be in violation of FTA terms and conditions. Contractor shall comply
with all applicable FTA regulations, policies, procedures and directives,
including, without limitation, those listed directly or incorporated by reference in
the Master Agreement between the recipient and FTA, as may be amended or
promulgated from time to time during the term of this contract. Contractor’s failure
to so comply shall constitute a material breach of this contract.
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Real Property. Any contract entered into shall contain the following provisions:
Contractor shall at all times comply with all applicable statutes and USDOT
regulations, policies, procedures and directives governing the acquisition, use
and disposal of real property, including, but not limited to, 49 CFR 18.31-18.34,
49 CFR 19.30-19.37, 49 CFR Part 24, 49 CFR 5326 as amended by FAST Act,
49 CFR part 18 or 19, 49 USC 5334, applicable FTA Circular 5010, and FTA
Master Agreement, as they may be amended or promulgated during the term
of this contract. Contractor’s failure to so comply shall constitute a material breach
of this contract.
Access to Services for Persons with Limited English Proficiency. To the
extent applicable and except to the extent that FTA determines otherwise in
writing, the Recipient agrees to comply with the policies of Executive Order No.
13166, “Improving Access to Services for Persons with Limited English
Proficiency,” 42 U.S.C. § 2000d 1 note, and with the provisions of U.S. DOT
Notice, “DOT Guidance to Recipients on Special Language Services to
Limited English Proficient (LEP) Beneficiaries,” 70 Fed. Reg. 74087, December
14, 2005.
Environmental Justice. Except as the Federal Government determines
otherwise in writing, the Recipient agrees to promote environmental justice by
following: (1) Executive Order No. 12898, “Federal Actions to Address
Environmental Justice in Minority Populations and Low- Income Populations,”
February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with
that Executive Order, and (2) DOT Order 5610.2, “Department of
Transportation Actions To Address Environmental Justice in Minority
Populations and Low Income Populations,” 62 Fed. Reg. 18377, April 15, 1997,
and (3) The most recent and applicable edition of FTA Circular 4703.1,
“Environmental Justice Policy Guidance for Federal Transit Administration
Recipients,” August 15, 2012, to the extent consistent with applicable Federal
laws, regulations, and guidance.
Environmental Protections. Compliance is required with any applicable
Federal laws imposing environmental and resource conservation requirements
for the project. Some, but not all, of the major Federal laws that may affect the
project include: the National Environmental Policy Act of 1969; the Clean Air
Act; the Resource Conservation and Recovery Act; the comprehensive
Environmental response, Compensation and Liability Act; as well as
environmental provisions with Title 23 U.S.C., and 49 U.S.C. chapter 53. The U.S.
EPA, FHWA and other federal agencies may issue other federal regulations
and directives that may affect the project. Compliance is required with any
applicable Federal laws and regulations in effect now or that become effective in
the future.
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Geographic Information and Related Spatial Data. Any project activities
involving spatial data or geographic information systems activities financed with
Federal assistance are required to be consistent with the National Spatial Data
Infrastructure promulgated by the Federal Geographic Data Committee, except to
the extent that FTA determines otherwise in writing.
Geographic Restrictions. All project activities must be advertised without
geographic preference, (except in A/E under certain circumstances, preference
for hiring veterans on transit construction projects and geographic-based hiring
preferences as proposes to be amended in 2 CFR Part 1201).
In-State Bus Dealer Restrictions. The Recipient agrees that any state law
requiring buses to be purchased through in-state dealers will not apply to
purchases of vehicles supported with federal assistance appropriated or made
available for 49 U.S.C. chapter 53, as provided in 49 U.S.C. § 5325(i).
Organizational Conflicts of Interest. The Recipient agrees that it will not enter
into a procurement that involves a real or apparent organizational conflict of
interest described as follows: (1) When It Occurs. An organizational conflict of
interest occurs when the Project work, without appropriate restrictions on
certain future activities, results in an unfair competitive advantage: (a) To that
Third-Party Participant or another Third-Party Participant performing the Project
work, and (b) That impairs that Third-Party Participant’s objectivity in
performing the Project work, or (2) Other. An organizational conflict of interest
may involve other situations resulting in fundamentally unfair competitive
conditions, (3) Disclosure Requirements. Consistent with FTA policies, the
Recipient must disclose to FTA, and each of its Subrecipients must disclose to
the Recipient: (a) Any instances of organizational conflict of interest, or (b)
Violations of federal criminal law, involving fraud, bribery, or gratuity violations
potentially affecting the federal award, and (4) Failure to Disclose. Failure to
make required disclosures can result in remedies for noncompliance, including
debarment or suspension.
Project Labor Agreements. As a condition of a third-party contract award, the
Recipient may require the Third-Party Contractor or Subcontractor to have an
affiliation with a labor organization, such as a Project Labor Agreement,
consistent with Executive Order No. 13502, “Use of Project Labor Agreements
for Federal Construction Projects,” February 6, 2009 (74 Fed. Reg. 6985).
Force Account. The Recipient agrees that FTA may determine the extent to
which Federal assistance may be used to participate in force account costs.
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FTA Technical Review. The Recipient agrees that FTA may review and
approve the Recipient’s technical specifications and requirements to the extent
FTA believes necessary to ensure proper administration of the Underlying
Agreement.
Relationship of the Award to Third Party Contract Approval. The Recipient
agrees that the terms of the Underlying Contract do not, by themselves,
constitute approval of any non- competitive third-party contract associated with the
Award, unless FTA indicates otherwise in writing.
Federal Single Audit Requirements for State Administered Federally Aid
Funded Projects Only. Non Federal entities that expend $750,000 or more in
a year in Federal awards from all sources are required to comply with the
Federal Single Audit Act provisions contained in U.S. Office of Management
and Budget (OMB) Circular No. A 133, “Audits of States, Local Governments,
and Non-Profit Organizations” (replaced with 2 CFR Part 200, “Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards” effective December 26, 2014 as applicable). Non-Federal
entities that expend Federal awards from a single source may provide a
program specific audit, as defined in the Circular. Non Federal entities that
expend less than the amount above in a year in Federal awards from all
sources are exempt from Federal audit requirements for that year, except as
noted in Sec. 215 (a) of OMB Circular A-133 Subpart B—Audits, records
must be available for review or audit by appropriate officials of the cognizant
Federal agency the New York State Department of Transportation, the New
York State Comptroller’s Office and the U.S. Governmental Accountability
Office (GAO). Non-Fede ral entities are required to submit a copy of all
audits, as described above, within 30 days of issuance of audit report, but no
later than 9 months after the end of the entity’s fiscal year, to the New York
State Department of Transportation, Contract Audit Bureau, 50 Wolf Road,
Albany, NY 12232. Unless a time extension has been granted by the
cognizant Federal Agency and has been filed with the New York State
Department of Transportation’s Contract Audit Bureau, failure to comply with
the requirements of OMB Circular A-133 may result in suspension or
termination of Federal award payments.
Veterans Preference. As provided by 49 U.S.C. § 5325(k), to the extent
practicable, the Recipient agrees and assures that each of its Subrecipients:
(1) Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108,
who have the skills and abilities required to perform construction work required
under a third party contract in connection with a Capital Project supported with
federal assistance appropriated or made available for 49 U.S.C. chapter 53, and
(2) Will not require an employer to give a preference to any veteran over any
equally qualified applicant who is a member of any racial or ethnic minority,
female, an individual with a disability, or a former employee.
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Safe Operation of Motor Vehicles. The Contractor is encouraged to adopt and
promote on-the-job seat belt use policies and programs for its employees and
other personnel that operate company-owned vehicles, company rented
vehicles, or personally operated vehicles. The terms “company owned” and
“company-leased” refer to vehicles owned or leased either by the Contractor or
FDOT.
The Contractor agrees to adopt and enforce workplace safety policies to
decrease crashes caused by distracted drivers, including policies to ban text
messaging while using an electronic device supplied by an employer, and
driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or
rents, or a privately-owned vehicle when on official business in connection with
the work performed under this agreement.
Catalog of Federal Domestic Assistance (CFDA) Identification Number. The
municipal project sponsor is required to identify in its accounts all Federal
awards received and expended, and the Federal programs under which they were
received. Federal program and award identification shall include, as applicable,
the CFDA title and number, award number and year, name of the Federal
agency, and name of the pass through entity.
CFDA number for the Federal Transportation Administration. Nonurbanized
Area Formula (Section 5311) is 20.509. A Recipient covered by the Single Audit
Act Amendments of 1996 and OMB Circular A-133, “Audits of States, Local
Governments, and Non-Profit Organizations,” (replaced with 2 CFR Part
200,“Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards” effective December 26, 2014 as
applicable) agrees to separately identify the expenditures for Federal awards
under the Recovery Act on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-
133. The Recipient agrees to accomplish this by identifying expenditures for
Federal awards made under Recovery Act separately on the SEFA, and as
separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and
inclusion of the prefix “ARRA” in identifying the name of the Federal program
on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
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Exhibit 4 – Required Forms
(on following pages)
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Exhibit 5 – FDOT District Offices List
(on following pages)
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Susan Simpson, Deputy City Manager
DATE: January 18, 2024
RE: Ratify Expenditure of Budgeted Funds for Purchase of Two (2) 2023 ARB&
Low Floor Shuttle Buses
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
For FY23-24, the Transportation Division budgeted $306,000 for two standard shuttle buses. However,
based on the latest conversations with the transit users in our community, the city now seeks to
purchase low -floor shuttle buses which will exceed ADA guidelines and better meet the needs of the
community. We have learned that with the implementation of the Better Bus Network, the hesitation
that our residents have in utilizing our services is the high steps of our current buses. By purchasing
the low -floor shuttle buses in lieu of the standard buses, we will better serve the older community and
those using mobility aids. Consequently, the budget must be adjusted through a forthcoming budget
amendment to accommodate the purchase of these more advanced and efficient low -floor models.
The buses were procured via the FDOT TRIPS -22 -CA -MB -LF Contract (attached herein). This piggyba,
contract was executed between the Florida Department of Transportation (the "FDOT") and Model
Commercial Vehicles, Inc.
The proposed 20+2 floorplan will allow for no less than 16 passengers when 2 wheelchairs are in
place. If there are no wheelchair passengers or just 1 WC position then we would have 20 passenger
Item Number: 10.1-1
200
seats using the fold away double seats. This is the max capacity allowed on the FDOT/TRIPS contract.
As the chassis for these buses became available and are in limited supply, this resolution seeks
ratification approval for the purchase of two (2) 2023 ARBOC Low Floor Shuttle Buses, in an amoun
not to exceed $357,920. The Purchase Order was submitted to the vendor in early January to reserve
the buses. Despite the dealer carrying the 2023 chassis on the ground, it will take 9 months to build.
The estimated delivery time for the completed buses is expected to be one year, as this includes
additional tasks such as installing destination signs and painting each bus (included in the total).
The bus shall be warranted and guaranteed to be free from defects for a minimum of Thirty-six (36)
months or thirty-six thousand (36,000) miles, whichever comes first, beginning on the date of
acceptance by purchaser/end user of each vehicle. The FDOT-TRIPS Warranty parameters for the bu
are also attached herein.
ADDITIONAL INFORMATION:
The City provides free Community Shuttle Service 7 days per week with three lines runnin€
simultaneously for the convenience of residents and visitors. The purpose of this purchase is to
replace units 1609 and 1721. This will keep us on track with our implementation of a seven-year
replacement plan for shuttle buses.
The shuttle service has three routes that run daily Monday through Friday, two on Saturday, and one
on Sunday. In addition, this division supports the Cultural Events by providing transportation for these
trips twice per month as well as city special events. This service is partially funded through the Miami -
Dade County Transit Surtax and provides regional transit opportunities to residents and visitors by
linking services with the neighboring cities of Aventura, Hallandale and North Miami Beach.
In order to stay within the approved budget, the Transportation Division will forego the purchase of 7
budgeted bus shelters. Although needed for replacement, the greater need is accessible buses for our
residents. Bus shelters can be replaced the following year if approved.
FUNDING SOURCE:
Funds have been appropriated in account no. 110-5-5440-464200-00000 - Transportation Motorized
Vehicles.
ATTACHMENTS:
Item Number: 10.H
201
FDOT Contract
Order Form
Bus Schematic
Warranty
Item Number: 10.1-1
202