REQUEST FOR PROPOSALS - Bond County Transit
INVITATION FOR BIDS
TRANSIT FACILITY FURNISHINGS
MAY 2018
Advertisement for Bid
Invitation for Bids
Bond County will receive bids for the pricing of furniture for Bond County Transit facility. Bids should indicate the cost of the delivered furniture and a separate bid that includes the furniture plus installation. Proposals will be received in the Bond County Transit office at 102 W. Bowman, Greenville, IL 62246 in SEALED envelopes marked “Furniture Bid” no later than 10:00 a.m. Central Standard Time, on June 3rd, 2018 Bids will be opened June 3rd, 2018 at 1:00 p.m. at Bond County Transit, 102 W. Bowman, Greenville, IL
Bid specifications may be obtained from the office of the Bond County Transit, 102 W. Bowman, Greenville, IL 62246, on or after May 4th, 2018, or by requesting a package via email to jill.jones@. Interested parties may also retrieve the bid package by accessing Bond County Transit website at and clicking on Bid Opportunities.
Any contract resulting from these bids is subject to financial assistance contracts
between Bond County, the United States Department of Transportation and the Illinois Department of Transportation.
The right is reserved to accept any bid or part or parts thereof or to reject any and all bids. Acceptance of any bid is subject to concurrence by the Illinois Department of Transportation and the United States Department of Transportation.
Disadvantaged Business Enterprises (DBEs) are encouraged to submit bids
and will not be subjected to discrimination on the basis of race, color, sex, national origin or disability in consideration for an award.
Contractor will be required to comply with all applicable Equal Employment Opportunity laws and regulations and all applicable Prevailing Wage regulations.
SECTION I
General Information Regarding the Request for Proposals
Definitions: For the purpose of this Request for Proposals:
CONTRACTOR: Contractor shall mean a person or entity who, as part of an independent business, becomes obligated to provide goods and/or services for a price.
OFFEROR: Offeror shall mean a person or entity who, as part of an independent business, includes labor transferred between divisions, subsidiaries, or affiliates of the offeror under a common control, and all subcontractors.
RESPONSIVE: Responsive means that the Contractor has complied in every way with all requirements of the Request for Proposals. A Responsive determination does not allow for discussion with Contractors. When the proposal is received, it is either responsive or non-responsive based upon its’ own merits.
RESPONSIBLE: Responsible means that the Contractor is capable of successfully performing under the terms and conditions of the proposed contract.
USER: User means an entity which makes use of property, goods or services.
BCSC: Bond County Senior Citizens Center, Inc.
BC: Bond County
SCOPE OF WORK
Bond County is requesting bids from qualified firms to provide the pricing of delivered furniture and the pricing for delivered and installed furniture.
The Contractor shall:
Review the furnishings description, product, quantity, manufacturer and any related notes. Products of their equal will be accepted.
Compile and submit a bid price for the furnishings listed.
Compile and submit a bid price for the cost of the furnishing plus installation.
Submit bids in a timely fashion and as per specifications provided in the bid packet.
If a bid is accepted, the contractor is expected to fully execute the ensuing contract in a timely and professional manner and in full compliance with all applicable regulations.
EXPECTATIONS
Work Tasks
The Contractor shall complete those tasks as spelled out in the ensuing contract.
Reports
The successful contractor will maintain the agreed upon schedule for purchase, delivery, and installation of furnishings. During the course of the project, the contractor is expected to maintain contact with BCSC in person, or via electronic means as agreed upon.
PHYSICAL LOCATION / CONTACT INFORMATION
Bond County Senior Citizens Center, Inc.
1001 E. Harris Avenue
Greenville, IL 62246
Attn: Jill Jones
(618) 664-9844 x104 telephone
(618) 664-9846 fax
Email jill.jones@
INSTRUCTIONS TO CONTRACTORS
Please direct any questions regarding the Invitation For Bid to Jill Jones at
Jill.jones@.
Proposals shall be received at the reception desk of Bond County Transit, 102 W. Bowman, Greenville, IL 62246 NO LATER THAN
10:00 A.M. CENTRAL STANDARD TIME ON June 3rd, 2018. Proposals will be publicly opened June 3rd, 2018 at Bond County Transit, 102 W. Bowman, Greenville, IL 62246.
Each proposal shall be in a SEALED envelope and clearly marked as follows:
“Transit Facility Furnishings”
Attn: Jill Jones
Bond County Senior Citizens Center, Inc. or Bond County shall NOT be responsible for unintentional premature opening of a proposal that has not been properly addressed and identified per the instructions included in this Request for Proposals.
The package containing the proposal shall include, but not be limited to, the following:
The name of the interested Contractor;
The interested Contractor’s complete mailing address, both P.O. Box and
street address, if applicable, and including city, state and zip code;
The direct telephone number and email address of the Interested Contractor; and
The name of the Contact person who would receive the Award notification, should an award be made to the interested Contractor.
Addenda issued on this Request for Proposals will be sent to the Contact
person using the mailing address or email address included within the
proposal package.
Failure to supply this contact information may result in missing
the issuance of an Addendum or Change, which could result in
a rejection of the entire proposal.
BCSC/BC reserves the right to determine whether the proposal is responsive or non-responsive based upon the content of the Addendum or Change.
It shall be the sole responsibility of the interested Contractor to submit all proposals by the due date and time for the receipt of bids.
Submittals must be in a sealed envelope addressed as follows:
Attn: Jill Jones
Furniture Proposal
Bond County Senior Citizens Center, Inc.
1001 E. Harris Avenue
Greenville, IL 62246
Proposal words or paragraphs having any erasures or corrections shall be
initialed in ink by the authorized representative of the interested Contractor. The authorized representative must sign the changed and initialed word(s), paragraph(s), and/or entire proposal in ink.
All proposals shall be valid, without change or prejudice, for a period of
ninety (90) days after the date and time of the opening of the submitted proposals.
Proposals may be modified or withdrawn ONLY in writing, with
the letter addressed to the Contracting Officer at the above identified Physical Location and ONLY PRIOR to the proposal due date and time.
Bid packages will be publicly opened on June 3rd, 2018 at Bond County Transit, 102 W. Bowman, Greenville, IL 62246
COST OF SERVICES
The Contractor submitting a proposal shall complete the Cost of Services form, Attachment “C” (page 21), and shall include any and all additional services which should be added to the Scope of Work.
CHOICE OF LAW
This contract shall be governed by the applicable rules and regulations of the United States Department of Transportation, Federal Transit Administration, and the laws of the State of Illinois.
NON-ASSIGNMENT
The awarded Contractor shall not assign, in part or in whole, this agreement without the prior written consent of BCSC/BC.
CANCELLATION
This period of performance agreement, as affirmed in the awarded Contract Agreement, and signed by each of the parties to the agreement, may at any time, with 30 days written notice, be cancelled in whole or in part by either BCSC/BC or the Contractor. In the event of cancellation, BCSC/BC shall reimburse the Contractor only for services performed that are within the Scope of Work and expenses incurred up to and including the effective date of the cancellation.
After Contractor reimbursement for these services performed and expenses incurred, BCSC/BC shall be discharged from all liability to the Contractor and the contract shall be considered terminated.
SECTION II
INSTRUCTIONS TO PROPOSERS
This Invitation For Bid represents, in writing to all proposers, the most comprehensive and definitive statement that BCSC/BC is able to make at this time as to the requirements, terms, and conditions for this proposal process. The proposal package is the Contractor’s opportunity to demonstrate how its firm will best meet the needs of BCSC/BC both in the service provided and the cost to provide the service. A well-organized, complete and compliant proposal package will improve the firm’s or individual’s chances of winning an award.
Any information or understandings, verbal or written, which are not contained either in the INVITATION FOR BIDS or in subsequent written addenda to the INVITATION FOR BIDS, will not be considered in evaluating the proposals.
DISCLOSURE OF PROPOSALS
Proposals and other materials submitted by proposers which may become part of a contract with Bond County may be subject to the Freedom of Information Act. BCSC/BC may deny public access to such records or applicable portions thereof that “are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise”, are “specifically exempted from disclosure by state or federal statute,” or are otherwise exempted from disclosure under the Act. Proposers shall make confidential only those portions of their proposals that they believe are not required to be disclosed under the Freedom of Information Act. BCSC/BC, however, is obligated to disclose information consistent with the requirement of said Act, notwithstanding any such markings made by proposers.
SUBMISSION OF PROPOSALS
One (1) original and three (3) copies of the proposal are to be submitted in a sealed envelope with the name and address of the proposer clearly visible. Proposals shall not be submitted by facsimile or other electronic transmission.
Electronic proposals, faxed proposals and/or CD Rom submittals will not be accepted.
Due to the nature of this solicitation, a complete written proposal with supporting information and documentation is required as the only acceptable proposal submittal.
The proposal shall be comprehensive, accurate, and effective without unnecessary bindings or other decorative or extraneous materials.
PROPOSAL DELIVERY AND DUE DATE
All proposals must be received by Bond County Transit no later than 10:00 a.m. Central Standard Time on June 3, 2018. It is the responsibility of each proposer to ascertain that its proposal is received by Bond County Transit by the specified deadline. Proposals received after that date and time will not be accepted and will be returned unopened to the submitting firm.
The proposal envelope shall be delivered by the appropriate date and time to:
Jill Jones
Transit Furnishings Proposal
Bond County Senior Citizens Center, Inc.
1001 E. Harris Ave.
Greenville, IL 62246
CONTACT PERSON / REQUEST FOR PROPOSALS QUESTIONS
The contact person for this project is Ms. Jill Jones. Written questions should be directed to Ms. Jones at jill.jones@. Any new information to be issued by BCSC/BC, replies to questions, and/or addenda/amendments to the Invitation for Bids shall be provided in writing via email to all solicitation holders. Questions received will be answered only in writing and both the question and the answer will be shared with all solicitation holders via email.
PROPOSAL PREPARATION COSTS
No payment will be provided by BCSC/BC for any of the information provided in response to this solicitation.
REQUIRED PROPOSAL CONTENT AND FORMAT
The submitted proposal must include the required contents and follow the format outlined below. There is no page limitation in document size, but any information submitted by the Proposer is expected to be concise and relevant to the Invitation For Bids. PROPOSALS THAT DO NOT FOLLOW THE LISTED FORMAT, OR FAIL TO INCLUDE THE REQUIRED MATERIAL MAY BE REMOVED FROM CONSIDERATION. Each copy of the Proposal must be complete.
Transmittal Letter The Transmittal Letter shall be brief, signed by a person who is authorized to commit the Contractor to perform the scope of services included in the proposal, and should identify all materials and enclosures being forwarded in response to the Request for Proposals. It shall be written on the firm’s letterhead and contain the firm name, address, telephone number and name of contact person. The transmittal letter will include a statement that the proposal will remain in effect and can not be withdrawn for 90 days after the date due at BCSC.
Overview of Proposer This section should contain the following information:
A concise description of the Proposer including organizational structure, identification of principals, office locations and size and overall number of personnel by discipline. Due to the nature of the Contract Services, it is essential for the Contractor, during the duration of the Project, to maintain close communication with BCSC. If the Proposer anticipates performance of any portion of the Scope of services at a location other than within the Greenville area, the Proposer shall identify those elements of the Scope of Services to be performed elsewhere as well as explain where they will be performed and demonstrate that close communication and coordination will be maintained in a cost effective manner.
Experience Record This section for the proposal shall contain complete, concise and accurate descriptions of the Proposer’s experience in providing services similar to those as outlined in the Scope of Services. Emphasis should be included on those projects performed by Proposer’s offices and staff to be assigned to the proposed Project office. The Proposer’s qualifications and ability to perform all identified Contract Services should be clearly defined. The Experience Record should only include relevant work directly applicable to the Contract Services, and should be contract specific and include the following:
Name, address and contact number of the client’s project manager or contracting officer.
The status of the contract and of the Proposer’s work on the contract.
The Proposer’s specific involvement in the contract.
Prior Federal Transit Administration and/or IL Dept of Transportation
Projects.
Work Plan and Schedule This section of the proposal should identify the Proposer’s methodology for the performance of the Scope of Work. The Work Plan should include a detailed description of the methodology for accomplishing required phases of the purchase/installation.
This section of the proposal should outline the work plan by phase and the schedule for completing each phase of the work.
Project Organization and Management Plan: This section should contain the following information, unless otherwise specifically noted:
A detailed description of the Proposer’s Organization and Management Plan, to perform the contract services as outlined in the IFB. The organization and management plan shall clearly identify the project manager and key personnel associated with each phase of the project and for the entire period covered by the agreement. The plan shall also describe the involvement of DBE subcontractors in the project, if any.
A staff chart shall be included for the organization and management plan. The staff chart should include the phases of the project that will be assigned to each staff member and the estimated time each staff member will spend on the project, if applicable.
A letter signed by the Proposer’s President or Chief Executive Officer guaranteeing that the Project Manager and key personnel assigned to this work will be identified by title and experience, and any replacements in staff throughout the term of the contract will possess the same or greater experience and qualifications throughout the term of the contract. Proposer shall include the required letter requested in this section.
All work tasks to be performed as part of the Project shall be performed under the direction of a Project Manager.
Appendix: The appendix must include the following:
Acknowledgement of Addenda
Signature Page
Non Collusion Affidavit
Certification of Proposer regarding Debarment, Suspension and other
Ineligibility and Voluntary Exclusions
Certificate of Power of Execution
Certification regarding Lobbying
Acknowledgement either Individual/Partnership or Corporation
Disadvantaged Business Enterprises if applicable
Cost of Services
A statement indicating the Proposer’s anticipated use of subcontractors.
OTHER COMMENTS AND INSTRUCTIONS
Right of Selection/Rejection: BCSC/BC reserves the right to:
Reject any and all proposals. Proposers who submit proposals that do not follow the instructions, or do not provide the information requested within this Request for Proposals, may be subject to immediate rejection;
Reject any or all proposals not in compliance with all public and/or BCSC/BC procedures and requirements;
Select proposal(s) which appear to be in the best interest of BCSC/BC
Waive any or all irregularities in proposals submitted;
Award any or all parts of any proposal; and
Not award or postpone awards of contracts to any selected firms during the contract term.
SINGLE PROPOSAL RESPONSE
If only one (1) proposal is received in response to this Invitation For Bid, a detailed cost breakdown will be required from the single proposer. A cost analysis and evaluation and/or an audit of the cost breakdown will be performed through BCSC/BC to determine if the price is fair and reasonable.
PROPOSAL MISTAKES OR WITHDRAWAL
A Proposer who seeks to rescind its proposal or correct an error in its proposal may do so no later than two business days prior to proposal opening.
After the proposals are opened, they may not be withdrawn for ninety (90) calendar days. Prior to the date and time set for the proposal opening, however, proposals may be modified or withdrawn by the Proposer’s authorized representative in writing (does not include facsimile, telegram, email, or any other form of electronic communication). The written notification is to be an original document, on Firm letterhead, and signed by an authorized representative of the Firm.
ADDENDA AND REQUESTS FOR CLARIFICATION
Requests for interpretation or clarification shall be made in writing by the date shown on all Invitation For Bids schedule. Only requests made in writing will be considered. All responses will be returned to all document holders by the date shown on the Invitation For Bids schedule.
RESPONSIVE PROPOSALS / PROPOSER’S QUALIFICATIONS
In order to qualify as a responsible proposer, in addition to the other requirements herein provided, a proposer must be prepared to prove to the satisfaction of BCSC/BC that it has the integrity, skill, and experience to faithfully perform the conditions of the Agreement and that it has the necessary facilities and financial resources to perform the services in a satisfactory manner and within the time specified.
The proposer is expected to refrain from knowingly undertaking collaborations or representation that will create a conflict with Bond County Senior Citizens Center, Inc. and/or Bond County and to inform the Board of Directors and/or Managing Director promptly of any conflict that develops or they become aware of during the course of their work with this project.
The proposer agrees to provide BCSC/BC with additional information, or to clarify or supplement information already furnished, including, but not limited to information relating to its past performance, its plan for performing the requirements of the Agreement, investigations, indictments, convictions, the proposer’s safety practices, and record and financial conditions. The proposer agrees to permit BCSC/BC to inspect any and all work.
To be considered skilled and experienced, the Proposer must show, among other requirements of BCSC/BC that it has satisfactorily supplied services of the same general type and scope as that which is called for in the Invitation For Bids.
The Proposer shall also be required to secure any necessary insurance policies or necessary licenses, permits, or certificates, required by any legislative or regulatory body with jurisdiction of the subject matter and may be required to furnish evidence of same.
TERM OF AGREEMENT
The term of the initial agreement will begin with execution of the Contract and will terminate not later than February 15, 2019. The successful Contractor will be expected to commence the provision of services immediately upon full execution of a Contract.
PROTEST PROCEDURES
All protests in the procurement cycle must contain the following information: (1) Name of Protestor; (2) Solicitation Identifier; (3) Statement of grounds of protest; and (4) all supporting documentation. All protest documentation should be sent to Bond County Senior Citizens Center, Inc. Managing Director at 1001 E. Harris Avenue, Greenville, IL 62246. “Protest/Open Immediately” must appear on the envelope.
Pre-award protests must be filed in writing no less than five (5) working days prior to the submission of proposals. Pre-award protests are to be sent to the Managing Director at the address given above.
Post-award protests must be filed within five (5) working days of the notice of award. Post-award protests are to be sent to the Managing Director at the address given above.
Protests will be reviewed by the Managing Director in concert with Bond County who will make a determination. The protesting Proposer, as well as all other Proposers, will be notified by certified mail of the decision within five (5) working days of receipt of the protest. The Federal Transit Administration and the Illinois Department of Transportation will be notified of any protest received on this project.
If the protesting Proposer wishes to appeal the decision, he/she must file an appeal in writing to the Board of Directors at BCSC’s address shown above within five (5) working days of the initial decision. The words “Protest/Open Immediately” should appear on the front of the envelope. The Board of Directors in concert with Bond County will make a determination on the appeal at its first regularly scheduled meeting following receipt of the appeal. The decision is final.
SECTION III
PROPOSAL EVALUATION AND SELECTION PROCESS
Evaluation and Selection / Award Process Evaluations will be conducted by a committee. Proposers shall provide complete and concise contact information, including the name of the interested firm, the name of the authorized company representative, the appropriate mailing address, telephone number(s), fax number(s), email address, and any other pertinent contact information.
Bond County shall make the award to the proposer who has demonstrated that its proposal most effectively represents the interests of BCSC/BC. The successful proposer shall possess the ability to perform successfully under the terms and conditions of a proposed agreement. The contract issued will be a firm, fixed price contract.
The Invitation For Bids represents, in writing to all proposers, the most comprehensive and definitive statement that BCSC/BC is able to make at this time as to the requirements, terms, and conditions for this proposal process and performance of the contract services. Any information or understandings, verbal or written, which are not contained either in the Invitation For Bids, or in subsequent written addenda to the Invitation For Bids, will not be considered in evaluating proposals.
In order to be eligible for an award of a contract and notwithstanding its relative qualifications for purposes of the evaluation criteria and in other respects, the proposer must demonstrate to BCSC/BC’s satisfaction that it is in all respects a responsible party, i.e., that it has the integrity, skill, and experience to faithfully perform the Agreement and the necessary facilities and financial resources to perform the services in accordance with the Agreement documents, and be otherwise qualified and eligible to receive an award under applicable laws and regulations.
BCSC/BC is seeking the highest quality products and most professional services available. The Contractor will be selected as the result of evaluations based on their written proposal and cost for services.
At any time during the process, Bond County on advice from the committee, may elect to reject all proposals, rewrite the scope of services, and seek new Invitation For Bids from all firms.
While the cost of this process is certainly a very important factor in this procurement, it will not be the sole basis on which proposals are evaluated. Each proposal will be evaluated based on the following criteria:
Overview of Proposal
Experience Record
Work Plan
Organization and Management Plan
Cost of Services
PRELIMINARY REVIEW AND SELECTION Members of the Committee will individually review and score each proposal. A composite score will then be determined from the individual scores. The highest scoring proposer will be offered a tentative agreement which will be submitted to Bond County for the award of a contract.
CLARIFICATION OF PROPOSALS BCSC/BC reserves the right to obtain clarification of any point in a firm’s proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a firm to respond to such a request for additional information or clarification may result in rejection of the firm’s proposal.
BASIS OF AWARD The award of a contract is contingent upon approval of the proposal by Bond County. The subsequent contract resulting from approval shall be issued by means of a Contract. The Contract shall incorporate the requirements of this Invitation For Bids as well as the proposal response provided by the Contractor.
Since the Contract incorporates the requirements of the solicitation, and the proposal response provided by the Contractor, NO additional contract terms and/or conditions may be added by the Contractor to its response. The Contract, and all referenced inclusions, shall constitute the entire understanding and agreement of the parties, and there shall be no representations, promises, terms, conditions, obligations, warranties or undertakings made other than as set forth in Contract and its inclusions.
A notice of award and/or Contract mailed, or otherwise provided to the successful Contractor, shall result in a binding contract upon complete execution of the Agreement by both parties.
This contract shall supersede all previous communications, representations or agreements, either oral or written, between the parties.
The contract should not be construed in favor of or against any party.
This period of performance agreement, as affirmed in the awarded Contract, may be amended, modified or terminated ONLY in writing, signed by each of the parties hereto.
Bond County reserves the right to accept or reject any proposal, all proposals, or any part of any proposal, with the discretion to select the successful Contractor.
In the event of a default by the submitting Contractor, Bond County reserves the right to cancel the award and reissue the Invitation For Bids.
The Contractor, if its proposal is accepted, hereby expressly binds itself to defend, indemnify, and save harmless BCSC/BC, its agents, servants, and employees from all claims, suits, and actions of every nature and description brought against BCSC/BC or its agents. This pledge to indemnify applies to providing materials, equipment, supplies, services, contractual construction, or contractual demolition done by the Contractor pursuant to the Invitation For Bids or by reason of any act of omission, misfeasance of the Contractor, its agents, servants, or employees. This paragraph shall equally apply to injuries to the Contractor’s employees.
Any contract resulting from these bids will be executed between Bond County and the successful Contractor, and are subject to financial assistance contracts between Bond County Senior Citizens Center, Inc., the County of Bond, the United States Department of Transportation, Federal Transportation Authority and the Illinois Department of Transportation.
PART IV
ATTACHMENTS
The forms provided in this section shall be completed and included in the proposal package, including the ACKNOWLEDGEMENT pages. Note that there are separate acknowledgement forms for sole proprietorship/partnership and corporations.
Also, the forms that will be used by the evaluation committee in the evaluation process are included for your review, as follows:
A. Proposal Qualifications Individual Scorer Evaluation (do not return)
B. Proposal Qualifications Evaluation Summary (do not return)
C. Cost of Services (complete and return)
D. Acknowledgement of Addenda (complete and return if applicable)
E. Signature Page (complete and return)
F. Non-collusion Affidavit (complete and return)
G. Certification of Lower-Tier Participants Regarding Debarment,
Suspension, and other Ineligibility and Voluntary Exclusion (complete and
return ONLY if value of proposal is greater than $25,000)
H. Certification regarding Lobbying. Certification for Contracts, Grants, Loans, and Cooperative Agreement (complete and return )
I. Acknowledgement (Individual / Partnership) (complete and return if applicable)
J. Acknowledgement (Corporation) (complete and return if applicable)
K. Disadvantaged Business Enterprise (DBE) Letter of Intent (return if applicable)
L. Disadvantaged Business Enterprise (DBE) Affidavit (return if applicable)
ATTACHMENT “A”
INDIVIDUAL SCORER EVALUATION
Project: Furnishings
_____________________________
Date
Proposals shall address the following issues:
CATEGORIES RATING WEIGHT TOTAL
Overview of Proposal ______ x 10% = ________
Experience Record ______ x 20% = ________
Work Plan and Schedule ______ x 10% = ________
Organization and Management Plan ______ x 10% = ________
Cost of Services ______ x 50% = _________
GRAND TOTAL = ________
Instructions for the Reviewer:
Rate each firm on a scale of 1-10, with 10 being the highest, in each category. Enter the number under “Rating.” Multiply the rating by the predetermined weight for each category, and enter the total. Add all totals to establish the grand total. The designated person will combine all of the totals for those participating in the evaluation. The preassigned weights are established with a maximum of 10 points for each category.
____________________________________________
Reviewer
____________________________________________
Proposing Contractor
ATTACHMENT ‘B’
EVALUATION SUMMARY
Furnishings
| | | | | | |
|Firms |A |B |C |D |E |
| | | | | | |
|Reviewer 1 | | | | | |
| | | | | | |
|Reviewer 2 | | | | | |
| | | | | | |
|Reviewer 3 | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
|Grand Totals | | | | | |
List the top-ranked firms:
1. _____________________________________________________
2. _____________________________________________________
3. _____________________________________________________
4. _____________________________________________________
5. _____________________________________________________
ATTACHMENT ‘C’
COST OF SERVICES
Project: Furnishings
Please refer to the furniture schedule and complete same.
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Total Cost of Furnishings _____________________________________________
Additional Material Costs, specify, if any ________________________________
Delivery __________________________________________________________
Installation ________________________________________________________
Total Project Cost___________________________________________________
A firm, fixed price contract will be issued.
________________________________________________________________________
Proposing Contractor
__________________________________ ____________________________________
Proposing Contractor’s Authorized Signature Street Address or PO Box
__________________________________ ____________________________________
Name and Title City, State, Zip
__________________________________ ____________________________________
Date Telephone
____________________________________
Email address
ATTACHMENT “D”
ACKNOWLEDGMENT OF ADDENDA
If Necessary
The following form shall be completed and included in the proposal.
Failure to acknowledge receipt of all addenda may cause the proposal to be considered unresponsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal.
ACKNOWLEDGMENT OF ADDENDA
The undersigned acknowledges receipt of the following addenda to the document:
Addendum No. _________________________ Dated:_____________________
Addendum No. _________________________ Dated:_____________________
Addendum No.__________________________ Dated:_____________________
Addendum No.__________________________ Dated:_____________________
Proposer:_______________________________________________
Name
________________________________________________
Street Address
________________________________________________
City, State, Zip
________________________________________________
Authorized Signature
________________________________________________
Title
_________________________________________________
Telephone Number
_________________________________________________
Fax Number
_________________________________________________
Email Address
ATTACHMENT “E”
SIGNATURE PAGE
The undersigned agrees to be bound by all applicable federal and state laws and regulations, the accompanying specifications and Bond County’s policies and procedures.
THE UNDERSIGNED, by submitting a proposal, represents that:
a. The proposer has read and understands the specifications
b. Failure to comply with any terms of the Invitation for Bids
may disqualify the proposer as non-responsive
THE UNDERSIGNED certifies that this Proposal has been derived independently and is submitted in the spirit of free and open competition, without limiting characteristics or influence.
THE UNDERSIGNED certifies that all addenda to this Invitation For Bids (IFB) have been received and duly considered:
WE, THEREFORE, OFFER AND MAKE THIS PROPOSAL FOR FURNITURE AND FURNITURE & INSTALLATION AS INCLUDED IN THE INVITATION FOR BIDS.
___________________________________________ _________________________
Name of Firm Tax ID Number (TIN)
___________________________________________
Address of Firm
___________________________________________
City, State, Zip
_____________________________________ _________________________________
Telephone Fax
________________________________________________________________________
Email Address
___________________________________________ ________________________
Signature of Authorized Official Date
___________________________________________
Printed Name of Authorized Official
ATTACHMENT ‘F’
NONCOLLUSION AFFIDAVIT
STATE OF ) IMPORANT, this affidavit must
) be properly completed and
COUNTY OF ) submitted with all proposals
_____________________________________________________, being first duly
sworn, deposes and says that he/she is _______________________________________
Sole proprietor, partner, president, etc.
of ___________________________________________________, the bidder
Name of Company
submitting this proposal, that such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, organization, or corporation; that such proposal is genuine and not collusive or sham and that said proposer has not been a party to any agreement or collusion among proposers or prospective proposers in restraint of freedom of completion by agreement to bid a fixed price, or otherwise, or to refrain from bidding and has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of Bond County or of any proposer or anyone else interested in the proposed contract.
_____________________________________________ ________________________
Signature of Authorized Official Tax ID Number (TIN)
_____________________________________________
Printed Name of Authorized Official
_____________________________________________
Date
SUBSCRIBED AND SWORN TO BEFORE ME this____ day of ____________, 20___.
____________________________________________
Notary Public
(Seal)
ATTACHMENT “G”
CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION
Note: This form shall be completed IF AND ONLY IF the value of the proposal is EQUAL TO, OR GREATER THAN $25,000.
The Contractor and/or subcontractor under a major third party contract, ______________
_____________________________________________________ certifies, by
Name of Contractor/subcontractor
Submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
If the Contractor and/or subcontractor under a major third party contract is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal.
THE CONTRACTOR AND/OR SUBCONTRACTOR UNDER A MAJOR THIRD
PARTY CONTRACT, _________________________________________________
Name of Contractor/subcontractor
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE
CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C.
SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
_______________________________________________ ____________________
Signature and Title of Authorized Official Date
The undersigned chief legal counsel for the ____________________________________
hereby certifies that the individual signing above has authority under State and local law to comply with the subject assurances and that the certification above has been legally made.
_________________________________________________
Signature of Applicant’s Attorney
_________________________________________________
Printed Name of Applicant’s Attorney
_______________________________________________________
Attorney’s Registration & Disciplinary Commission (ARDC) number
_________________________________
Date
ATTACHMENT “H”
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions (as amended by “Government wide Guidance for New Restrictions on lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. 1352©(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.
The Contractor, _____________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
LOBBYING CERTIFICATION (continued)
_________________________________________
Signature of Contractor’s Authorized Official
_________________________________________
Printed Name of Contractor’s Authorized Official
_________________________________________
Title of Contractor’s Authorized Official
_________________________________________
Date
ATTACHMENT “I”
ACKNOWLEDGMENT
INDIVIDUAL/PARTNERSHIP
STATE OF ILLINOIS )
) SS
COUNTY OF )
I, _______________________________ a Notary Public in and for said County, in the
State aforesaid, do hereby certify that ________________________________________
who (is) (are) personally known to me, appeared before me this day in person, and
acknowledged the signature, seal and delivery of the foregoing instrument as a free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this _____ day of __________________, 2013.
My Commission Expires:
___________________________ _________________________________
Notary Public
(SEAL)
ATTACHMENT “J”
ACKNOWLEDGMENT
CORPORATION
STATE OF ILLINOIS )
) SS
COUNTY OF )
I, _______________________________ a Notary Public in and for said County, in the
State aforesaid, do hereby certify that _______________________________________,
And ____________________________________, of ____________________________
____________, a Corporation who are each personally known to me, appeared before me
this day in person and severally acknowledged that they signed, sealed and delivered
the foregoing instrument as their free and voluntary act as officers of the corporation
identified above, for the uses and purposes therein set forth.
Given under my hand and notarial seal, this _____ day of __________________, 2013.
My Commission Expires:
___________________________ _________________________________
Notary Public
(SEAL)
ATTACHMENT “K”
DISADVANTAGED BUSINESS ENTERPRISES (DBE) LETTER OF INTENT
Only if applicable
_____________________________________________________________________
Name of Proposer
The undersigned intends to perform work in connection with the above project as a DBE
Individual Corporation Partnership Joint Venture
The Disadvantaged Business status of the undersigned is confirmed:
a) on the reference list of Disadvantaged Business Enterprises dated _________, or
b) on the attached Disadvantaged Business Enterprise Affidavit.
The undersigned is prepared to perform the following work in connection with the above project (specify in detail particular work items or parts thereof to be performed):
______________________________________________________________________
______________________________________________________________________
At the following price $________________________
You have projected the following commencement date for such work, and the undersigned is projecting completion of such work as follows:
Items Projected Projected
Commencement Date Completion Date
___________________ _____________________ ___________________
The above work will not be sublet to a non-Disadvantaged Business Enterprise at any tier. The undersigned will enter into a formal agreement for the above work with you, conditioned upon your execution of a contract with the County of Bond.
By________________________________________________
Name of Disadvantaged Business Enterprise
Address:___________________________________________
Street, PO Box, City, State, Zip
Date:______________________________
ATTACHMENT “L”
DISADVANTAGED BUSINESS ENTERPRISES (DBE) AFFIDAVIT
Only if applicable
STATE OF _______________________________________ (Date_______________)
COUNTY OF ______________________________________
The undersigned being duly sworn, deposes and says that he/she is the
______________________________________________________________________
(sole owner, partner, president, treasurer or other duly authorized official of a corporation)
of
______________________________________________________________________
(Name of Disadvantaged Business Enterprises)
and certifies that since the date of its certification in the ILLINOIS UNIFIED CERTIFICATION PROGRAM, the certification has not been revoked nor has it expired nor has there been any change in the minority status of:
_______________________________________________________________________
(Name of Disadvantaged Business Enterprises)
_______________________________________________________________________
(Signature and Title of Person Making Affidavit)
Sworn to before me this ________ day of __________________________, __________.
_________________________________
(Notary Public) NOTARY SEAL
NOTE: THE OFFEROR SHALL ATTACH THE DISADVANTAGED BUSINESS ENTERPRISES MOST RECENT CERTIFICATION LETTER OR DOCUMENT TO THIS AFFIDAVIT.
ATTACHMENT “M”
CONTRACT FOR PROFESSIONAL SERVICES
This contract, dated effective __________________, is made and entered into between
the County of Bond (BC), and ____________________________,
(Contractor).
The purpose of this contract is for FURNITURE AND FURNITURE & INSTALLATION to be completed by TBD:
The Contractor was selected using the following process: Formal bid solicitation with award based on evaluation of qualifications and technical criteria to include price.
In consideration of the terms and conditions contained herein, and in the attached Invitation for Bids, incorporated and made a part hereof, BC and the Contractor mutually agree as follows:
1. Scope of Work: Contractor shall provide the furnishings and/or furnishings and installation herein for the price contained in the accepted proposal and according to the time schedule and terms contained in this Contract. The Invitation For Bids and the awarded Proposal shall both become a part of this Contract.
2. Compensation: BC agrees to pay the Contractor for the furnishings and/or furnishings and installation herein upon satisfactory completion of said services. Said payment shall represent full compensation for all labor and materials required to provide furnishings and/or furnishings and installation.
Total compensation payable to Contractor for satisfactory delivery of services under this Contract is a maximum of $ ___________.
Contractor shall be paid as follows:
Upon submittal of invoice after satisfactory completion of services as outlined in the Invitation For Bids.
In order for payment to be issued as set forth above, an invoice shall be forwarded to the following BCSC staff:
Jill Jones
Bond County Senior Citizens Center, Inc.
1001 E. Harris Avenue
Greenville, IL 62246
Invoice shall be paid within 30 days of receipt of monies from Illinois Department of Transportation. Any additional services provided by Contractor that exceeds that which is provided for in this Contract must have prior written approval of BC.
3. Contract Period: For purposes of this contract, the contract period will begin after both parties have signed this contract and shall terminate no later than TBD. The Contractor shall deliver all services to be provided under this Contract no later than this date.
4. Financial Assistance: This Contract is subject to financial assistance contracts between Bond County Senior Citizens Center, Inc. and the County of Bond and the United States Department of Transportation and the Illinois Department of Transportation.
5. Contract Changes: Any proposed change in this contract shall be submitted to Bond County Senior Citizens Center, Inc. for its prior approval.
6. Cancellation: This period of performance agreement, as affirmed in the awarded Professional Services Agreement, and signed by each of the parties to the agreement, may at any time, with 30 days written notice, be cancelled in whole or in part by either Bond County or the Contractor. In the event of Cancellation, Bond County shall reimburse the Contractor only for services performed that are within the Scope of Work and expenses incurred up to and including the effective date of the cancellation.
7. Interest of Members of Congress: No member of or delegate to the Illinois General Assembly (or the Congress of the United States) shall be admitted to any share or part of this contract or to any benefit arising therefrom.
8. Contract Changes: Any proposed change in this contract shall be submitted to Bond County and/or Bond County Senior Center for its prior approval.
9. Federally-Required Provisions: Contractor agrees to comply with the required language provisions contained in Part V of the Invitation For Bids. These provisions shall become a part of this Contract. The Certifications (Attachments A thru L) contained in the Invitation For Bids and that were submitted with Contractor’s Proposal shall become a part of this Contract also.
10. Communications: Communications regarding this Contract shall be to:
Jill Jones
Bond County Senior Citizens Center, Inc.
1001 E. Harris Avenue
Greenville, IL 62246
Phone 618-664-9844 x104
The parties hereto have caused this Contract to be executed the day stated. Executed in duplicate.
County of Bond Contractor
_________________________________ ________________________________
Board Chairman Contractor Representative
_________________________________ ________________________________ Printed Name Printed Name
_____________________ ________________________________
Date Title
______________________
Date
PART V
REQUIRED CONTRACT PROVISIONS
These provisions are intended for insertion in bid solicitation and contract documents involving procurements made by BCSC/BC.
Any obligation of an offeror or contractor to comply with governmental standards or regulations shall include the obligation to document such compliance.
An offeror or contractor shall supply and/or execute such documents as BCSC/BC may reasonably need to effect the purposes of this contract or to comply with federal regulations applicable to purchases under this contract.
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) BCSC/BC 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 County, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) 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 clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et 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 of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS, 49 U.S.C. 5325, 18 CFR 18.36 (i) ,
49 CFR 633.17
The following access to records requirements apply to this Contract:
1. Where the County is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
4. FTA does not require the inclusion of these requirements in subcontracts.
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between County and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
The Master Agreement may be accessed at .
5. CIVIL RIGHTS REQUIREMENTS
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity – Contractor will be required to comply with all applicable Equal Employment Opportunity laws and regulations.
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
6. Equal Employment Opportunity: In the event of the Contractor’s non-compliance with any provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights (“Department”), the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows:
A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization.
B. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department’s rules and regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized.
C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service.
D. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organizations or representative of the contractor’s obligations under the Illinois Human Rights Act and the Department’s Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder.
E. That it will submit reports as required by the Department’s Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department’s Rules and Regulations.
F. That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department’s Rules and Regulations.
G. That it will include verbatim or by reference the provisions of this item in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such
provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.
H. The Grantee shall have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment, under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Grantee’s internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the
Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request.
7. TERMINATION PROVISIONS
TERMINATION FOR IMPOSSIBILITY: Termination for Impossibility in the event that funding source fails in any fiscal year to appropriate or otherwise make available sufficient funds, or Termination for Default by diminished service or scheduling; requirement compliance, plan implementation or to perform in a timely manner.
TERMINATION FOR BEST INTEREST: BCSC/BC may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in BCSC/BC’s best interest.
A. If the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, BCSC/BC may terminate this contract for default. Termination shall be effected by serving a
notice of termination on the Contractor setting forth the manner in which the
Contractor is in default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in
the contract.
B. If it is later determined by BCSC/BC that the Contractor had an excusable reason for not performing, such as a strike, fire, or floor, events which are not the fault of or are beyond the control of the Contractor, BCSC/BC, after setting up a new delivery of performance schedule, may allow the Contractor to continue to work, or treat the termination as a termination for convenience.
C. BCSC/BC, in its sole discretion may, in the case of termination for breach or default, allow the Contractor ten (10) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
D. If Contractor fails to remedy to BCSC/BC’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from BCSC/BC setting forth the nature of said breach or default, BCSC/BC shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude BCSC/BC from also pursuing all available remedies against Contractor and its sureties for said breach or default.
E. In the event that BCSC/BC elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by BCSC/BC shall not limit BCSC/BC’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
F. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience.
8. DISADVANAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION:
To be a qualified Disadvantaged Business Enterprise, the person, firm, or entity must be registered as part of the Illinois Unified Certification Program AND listed in the Illinois Unified Certification Program Directory. All other certifications, registrations, or inclusion in another directory, are invalid for purposes of this contract.
It is the policy of the Federal Transit Administration that Disadvantaged Business Enterprises as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with federal funds under this agreement. Consequently the Disadvantaged Business Enterprise requirements of 49 C.F.R. Part 26 will apply to any agreement awarded for this project.
In connection with the performance of this Agreement, the Contractor shall cooperate with the County of Bond in meeting its commitments and goals with regard to maximum utilization of Disadvantaged Business Enterprises and will ensure that Disadvantaged Business Enterprises shall have the opportunity to participate in the performance of contracts and subcontracts for this Agreement. It is important to not only identify the Disadvantaged Business Enterprise but to explain how they will be integrated into the proposed work plan.
It is the policy of BCSC/BC to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions and to encourage Contractor on Department of Transportation assisted contracts to make use of these institutions. Therefore, BCSC/BC encourages the Contractor to use Disadvantaged Business Enterprise financial institutions whenever possible.
The recipient or its supplier agrees to ensure that Disadvantaged Business Enterprises as defined in 49 C.F.R. Part 26 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 all recipients or supplier shall take all necessary and reasonable steps in accordance with 49 C.F.R. Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. The County of Bond and its Contractor shall not discriminate on the basis of race, creed, color, religion, sex, martial status, sexual orientation, familial status, national or unfavorable discharge from military service in the award and performance of FTA assisted contracts.
It is BCSC/BC’s intent to maximize the utilization of Disadvantaged Business Enterprises through its Disadvantaged Business Enterprises program. Inclusion of Disadvantaged Business Enterprise participation shall be accounted for in the proposal documents. The Contractor to whom this contract is awarded shall not substitute another Disadvantaged Business Enterprise firm for the original listed in the proposal without prior written approval of the County’s Contracting Officer.
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 Bond County and Bond County Senior Center deems appropriate.
9. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, 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 BCSC/BC requests which would cause BCSC/BC to be in violation of the FTA terms and conditions.
10. ENERGY CONSERVATION
The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 USC 6321, et seq. The Energy Conservation requirement extends to all third party Contractors and their contracts at every tier and sub-recipients and their sub-agreements at every tier.
11. INTEREST OF MEMBERS OF CONGRESS
In accordance with 18 U.S.C. 431, no member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom.
12. PROHIBITED CONFLICT OF INTEREST
No member, or officer, or employee of Bond County Senior Citizens Center, Inc. or local public body with financial interest or control in this contract during their tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.
13. NOTIFICATION OF FEDERAL PARTICIPATION
To the extent required by law, in the announcement of any third party contract award for goods or services having an aggregate value of $500,000 or more, the Recipient agrees to specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express that amount of that Federal assistance as a percentage of the total cost of that third party contract. The total cost of this project is not expected to equal or exceed $500,000.
14. FINANCIAL ASSISTANCE
This contract is subject to financial assistance contracts between Bond County Senior Citizens Center, Inc. and the County of Bond and the United States Department of Transportation and the Illinois Department of Transportation.
15. CONTRACT CHANGES
Any proposed change in this contract shall be submitted to the Bond County Senior Citizens Center, Inc. for its prior approval.
16. ASSIGNMENTS
Assignment of any portion of the work by Subcontract must be approved in advance by the Bond County Senior Citizens Center, Inc. and Bond County.
17. RECORD RETENTION
Contractor shall maintain, for a minimum of three (3) years after the completion of the Agreement, all books, records and supporting documents to verify the amounts, receipts, disbursements, names of recipients, and uses of all funds passing in conjunction with the Agreement; the Agreement and all books, records, and supporting documents related to the Agreement shall be available for review and audit by the Auditor General, the Department, or the Federal Transit Administration (hereinafter “Auditing Parties”); and the Contractor agrees to cooperate fully with any audit conducted by the Auditing Parties and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this section shall establish a presumption in favor of the Department for the recovery of any funds paid by the Department under the Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement.
18. STATE AND LOCAL LAW DISCLAIMER
The use of many of the 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 the state law, and that before the suggested clauses are used in procurement documents, the grantee should consult with their local attorney.
19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC 3701(b)(3)(A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-construction projects that employ “laborers or mechanics on a public work.” These non-construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages – BCSC/BC shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
20. INTEGRITY CERTIFICATION (DEBARRED BIDDERS)
The Contractor agrees to comply with 49 CFR Part 29 concerning government debarment. If the total payments under the Contract are to exceed $100,000 the Contractor will provide the certification. This certification must be submitted with the Contractor’s proposal or bid. The Contractor shall provide immediate written notice to BCSC if, at any time, it learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor shall also require such certifications, and updated information, from any of its subcontractors when the total payments under a subcontract exceed $100,000 and shall promptly transmit such certifications and updated information to BCSC.
21. LOBBYING CERTIFICATION
Contractors and subcontractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying”, see Appendix III. 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 a member of Congress in connection with obtaining any Federal contract, grant or 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 contracts 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.
22. AUDIT AND INSPECTION OF RECORDS
The Contractor shall permit the authorized representatives of the Bond County Senior Citizens Center, Inc., County of Bond and the State of Illinois to inspect and audit all data and records of the contractor relating to his performance under the contract.
23. OWNERSHIP OF RECORDS
The Bond County Senior Citizens Center, Inc. shall retain ownership of all plans, specifications, and related documents.
24. SUBCONTRACTS
The Contractor shall not enter into any subcontracts or agreements, or start any
work by the work forces of the third party or use any materials from the stores of the third party, with respect to this contract, without the prior concurrence of the Illinois Department of Transportation. All such subcontracts, agreements, and force work and materials shall be handled as prescribed for third-party contracts, agreements, and force-account work by the IDOT manual for Public Transportation Capital Improvement Grants. All requests for concurrence shall be submitted to Bond County Senior Citizens Center, Inc. for approval prior to submittal to IDOT.
25. CLEAN AIR REQUIREMENTS
For contracts which exceed $100,000 or which are indefinite but are expected to exceed $100,000 in any year, the Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
Contractor agrees to comply with all applicable requirements of U.S. EPA regulations, “Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed Funded or Approved under Title 23 U.S.C. of the Federal Transit Act, “40 CFR Part 51 Subpart T; and “Determining Conformity of Federal Actions to State or Federal Implementation Plans,” 40 CFR Part 93. To support the requisite air quality conformity finding for the Project, Contractor agrees to implement each air quality mitigation and control measure incorporated in the Project. Contract further agrees that any project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent with the description of the design concept and scope to the Project described in the SIP.
U.S. EPA also imposes requirements implementing the Clean Air Act, as amended that may apply to transit operators, particularly operators of large transit bus fleets. Accordingly, Contractor agrees to comply with the following U.S. EPA regulations to the extent they are applicable to the project: “Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines,” 40 CRF Part 85; “Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicles Engines: Certification and Test Procedures,” 40 CFR Part 86; and “Fuel Economy of Motor Vehicles,” 40 CRF Part 600.
Contractor agrees to comply with the notification of violating facilities requirements of Executive Order No. 11738, “Administration of the Clean Air Contracts, Grants, or Loans, 42 U.S.C. § 7606 note.
Contractor agrees to report and require each subcontractor at any tier to report any violation of these requirements resulting from Project implementation activity of any subcontractor or itself to FTA and the appropriate U.S. EPA office.
26. CLEAN WATER REQUIREMENTS
Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. subsection 1251 et seq. In addition:
Contractor agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. Subsection 300f et seq.
Contractor agrees to comply with the notification of violating facilities requirements of Executive Order No. 11738, “Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants or Loans, “42 U.S.C. 7606 note.
Contractor agrees to report and require each subcontractor at any tier to report any violation of these requirements resulting from Project implementation activity of any subcontractor or itself to FTA and the appropriate U.S. EPA office.
27. BREACHES AND DISPUTE RESOLUTION
If the total payments under the Contract are to exceed $100,000, provisions or conditions are required to allow for administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate.
Performance During Dispute: Unless otherwise directed by BCSC/BC, Contractor shall continue performance under this contract while matters in dispute are being resolved.
Remedies: Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Bond County 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 Illinois.
28. ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES
The County of Bond and its third party Contractors and subcontractors agree to comply with the provisions of 49 U.S.C. Section 5301(d) which sets forth the federal policy that elderly persons and persons with disabilities have the same right as other persons to use transit service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly persons and persons with disabilities.
The County of Bond and its third party Contractors and subcontractors also agree to comply with all applicable requirements of the following federal laws and any subsequent amendments hereto: Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 794, which prohibits discrimination on the basis of handicap, the Americans with Disabilities Act of 1990 (ADA) , as amended, 42 U.S.C. Sections 12101 et seq., which requires accessible facilities and services to be made available to persons with disabilities, and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. Sections 4151 et seq., which required that buildings and public accommodations be accessible to persons with disabilities.
In addition, the County and its third party Contractors and subcontractors agree to comply with all other applicable regulatory requirements and any subsequent amendments to that Act as well as the requirements of the following regulations and any subsequent amendments.
• United States Department of Transportation (U.S. DOT) regulations, “Transportation Services for Individuals with Disabilities (ADA), “49 C.F.R. Part 37
• United States Department of Transportation (U.S. DOT) regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance. “49 C.F.R. Part 27;
• Joint United States Architectural and Transportation Barriers Compliance Board (US ATBCB) / United States Department of Transportation (US DOT) regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
• United States Department of Justice (US DOJ) regulations, Nondiscrimination of the Basis of Disability in State and Local Government Services,” 28 D C.F.R. Part 35;
• United States Department of Justice (US DOJ) regulations, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial TheFacilities,” 38 C.F.R. part 36; United States General Services Administration (US GSA) regulations, “Accommodations for the Physically Handicapped,” 41 C.F.R. Subpart 101-19;
• United States Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630;
• United States 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;
• United States Architectural and Transportation Barriers Compliance Board (US ATBCB) regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.R.F. Part 1194.
• Federal Transit Administration (FTA) regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. Part 609; and
Any implementing rules, regulations, or requirements that the Federal Transit Administration (FTA) may issue.
29. Government Inspection: Representatives of the State of Illinois shall have access to the site of construction and shall have the right to inspect all project works.
30. Insurance: The contractor and his subcontractors shall maintain Workmen’s Compensation, Public Liability Property Damage, and Vehicle Liability Insurance in amounts and on terms satisfactory to the Department and the grantee. The contractor shall carry Builders’ Risk Insurance, including fire and extended coverage, on 100 percent of the completed value of the insurable portion of construction. Such insurance coverage is required to remain in effect until the construction has been accepted by the grantee.
31. Prime Contractor Participation: The prime contractor shall perform on the site, with his own staff, work equivalent to at least 10 percent of the total amount of construction work at the site. Only pay items of the construction contract will be used in computing the total amount of construction at the work site.
32. Warranty of Construction: For a period of one year from the date of completion, as evidenced by the date of final acceptance of the work, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material or workmanship performed by the Contractor or any of his subcontractors or suppliers.
Under this warranty, the Contractor shall remedy at his own expense any suck failure to conform or any such defect. Nothing in the above intends or implies that this warranty shall apply to work which has been abused or neglected by Bond County or Bond County Senior Center.
33. Certified Payrolls: Bond County shall obtain from the contractor and each subcontractor a certified copy of each weekly payroll within seven days after the regular payroll date. Following a review by Bond County for compliance with state and federal labor laws, the payroll copy shall be retained at the project site for later review by the authorized representatives of the State of Illinois.
34. Project Sign: The contractor shall erect and maintain signs satisfactory to the Illinois Department of Transportation identifying the project and indicating state participation.
35. Davis-Bacon and Copeland Anti-Kickback Acts:
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officershall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(2) Withholding - The County of Bond shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Bond County Senior Center for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
1. (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
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