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Backup Documents 05/23/2017 Item #16D 5 (Reliable Transmission Service)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP11 60 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE 1 1'�f Print on pink paper. Attach to original document. The completed routing slip and original documents ar: 'J . • �lf rney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. MAY 2 4 2011 **NEW" ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forwffikfwunbrttrney Office. Route to Addressee(s) (List in routing order) Office itials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office 53/1) 7 4. BCC Office Board of County WZ-4 p Commissioners 4?1tyk 4. Minutes and Records Clerk of Court's Office 1(16 53(117 I9 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for Brenda Brilhart Contact Information 239-252-8998 Contact/ Department Agenda Date Item was May 23,2017 / Agenda Item Number 16.D.5 Approved by the BCC �/ Type of Document Contract V Number of Original ,Y a Attached Documents Attached PO number or account N/A 17-7075 1. Worldwide number if document is Remanufactured Equipment,Inc. to be recorded Engines& 2.Reliable Transmissions Transmission Service INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original sign.•.`e STAMP OK N/A 2. Does the document need to be sent to another agency for . •' '.. - . If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N'A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 05/23/2017 and all changes made during the meeting have been incorporated in the attached document. The County y Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for theWO • Chairman's signature. . 16 0 5 MEMORANDUM Date: June 1, 2017 To: Barbara Lance, Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #17-7075 "Remanufactured Engines & Transmissions" Contractor: Reliable Transmission Service Attached for your records is a copy of the referenced contract above, (Item #16D5) adopted by the Board of County Commissioners on Tuesday, May 23, 2017. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 160 5 AGREEMENT 17-7075 for Remanufactured Engines and Transmissions r rte THIS AGREEMENT, made and entered into on this 003 day of 2017, by and between Reliable Transmission Service, Inc., authorized to do business in the State of Florida, whose business address is 6613 South 78th St., Riverview, FL, 33578, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing on Date of Board award and terminating three (3) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide Remanufactured Engines and Transmissions in accordance with the terms and conditions of Invitation to Bid (ITB) #17-7075, including the — Scope of Work, referred to herein and made an integral part of this Agreement, Exhibit B - Contractor's Proposal and Exhibit C — Grant Requirements, attached hereto. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit A - Price Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by Public Transit & Neighborhood Enhancement Division Page 1 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. 160 5 Director or Designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Reliable Transmission Service, Inc. Attention: Terry Hess 6613 South 78th St. Riverview, FL 33578 Telephone: 813-677-8883 Fax: 813-671-5968 Email: dennisg@rtsallison.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida c/o Public Transit & Neighborhood Enhancement Division 3299 East Tamiami Trl, #103 Naples, FL 34112 Attention: Director, Michelle Edwards-Arnold Telephone: 239-252-5840 Facsimile: 239-252-6754 Email: alttransmodes@colliergov.net Page 2of12 C9 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. 16D 5 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform the services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Page 3 of 12 ii0 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc.; . 16 0 5 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 4 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. : it 160 5 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enhancement Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate(s), ITB #17-7075 Scope of Work and Addenda, Exhibit A - Price Schedule, Exhibit B — Contractor's Proposal, and Exhibit C — Grant Requirements. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, Page 5 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. TO 16 0 5 ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1 . Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 6 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. 0 160 5 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the Agreement on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page7ofl2 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. �0 160 5 precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPScolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 8 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. 160 5 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIE-40 TY, FLORIDA Dwight E. Brock,.Ct rk of Courts By: � IPA A. By: = � ,,r Penny Ta , Chairm.�t:� Dated: ,` ° 7o .:1 (SEAQ,) '" Attest as to Chat signature only. Reliable Trans J-sion Se . ::tAt,V First Witness Signature • Ctin • ) Caat ps 1 Typ- •'int witne s n. • el' ''Type/print signature and titleT .. . itne _. ..1 - / ,' TType/print witness na r eT A.proved .s to F. ► a d Legality: , Depu .County Attorney Print Name 74-17 Page 9 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions +" Reliable Transmission Service, Inc 160 5 Exhibit A: Price Schedule Item# Item Description Quantity Unit Price 7 Remanufactured Allison Transmission (ex. s/n 6510929472) 1 $4,975.00 8 Remanufactured Allison Transmission (ex. s/n 6510929472) 2 $4,975.00 9 Remanufactured Allison Transmission (ex. s/n 6510929472) 3 or more $4,975.00 10 Remanufactured Allison Transmission (ex. s/n 6511086651) 1 $4,975.00 11 Remanufactured Allison Transmission (ex. s/n 6511086651) 2 $4,975.00 12 Remanufactured Allison Transmission (ex. s/n 6511086651) 3 or more $4,975.00 Page 10 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. "t 16D 5 Exhibit B - Contractor's Proposal (following this page) Page 11 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. cp,0, 160 5 } Ter Comity ity Ria:III:II rnl S.:,viu s. •i.n ii... Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. All granting agency requirements have been met including submittal of required forms. 6. Any required drawings, grant forms, descriptive literature, etc. have been included. 7. Any delivery information required is included. 8. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been included. 9. Addendum have been signed and included, if applicable. 10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.gov. 11. Immigration Affidavit and a copy of the company's E-Verify profile page or memorandum of understanding. 12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. RELIABLE TRANSMIS N SERVICE, INC. Compa y Name—" GENERAL MANAGER SignatureA. 01/3012017 Date 1 17-7075 Remanufactured Engines and Transmissions 23 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 ti - 160 5 Co Ter Comity .4n-iistrctiva Sea veu rn PI::.II(:11 cid S.3,1{1:t1 Attachment 3: Vendor Response Form FROM: RELIABLE TRANSMISSION SERVICE,INC. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 17-7075 Remanufactured Engines and Transmissions Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein;that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following. { * **SEE FOLLOWING PAGES * ** { Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any,will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen(15)days payment be offered. Prompt Payment Terms: 0 % 30 Days; Net 30 Days ❑ Bid Response Form is electronic. Please input your prices online. Note: The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15)days after being notified of an award. 17-7075 Remanufactured Engines and Transmissions 24 GlCurrent Solicitations-Template\Grant Funded ITB Template_11032016 160 5 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 30th day of JANUARY 2017 in the County of HILLSBOROUGH , in the State of FL . Firm's Complete Legal Name RELIABLE TRANSMISSION SERVICE. INC. Firm's Dun and Bradstreet 151221082 Number(DUNS) (Found at www.dnb.com) CCR#or CAGE Code 0PX69 (Found at www.ccr.goy) Florida Certificate of Authority G58784 Document Number (http:llwww.sunbiz.orq) Federal Tax Identification 59-2352497 Number Address 6613 SOUTH 78TH ST. City, State, Zip RIVERVIEW, FL 33578 Telephone Number 813-677-8883 FAX Number 813-671-5968 Check one of the following: Sole Proprietorship [ Corp or P.A. State of FLORIDA Limited Partnership General Partner hip Signature/Title GENERAL MANAGER Type Name of Signature TERRY HESS Date 01/30/2017 *Ye.**.****ilia******iaii****'******.*tire*****.*.cit***.****s.*..*****.*.**********Wt*************** *** Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name RELIABLE TRANSMISSION SERVICE, INC. Address P.O. BOX 377 City, State, Zip BRANDON. FL 33509 Contact Name DENNIS GAMELIN Telephone Number 813-677-8883 x4120 FAX Number 813-671-5968 Email Address dennisp anrtsallison.com 17-7075 Remanufactured Engines and Transmissions 25 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 Cmt; Ter c .lwty tri list-atria aania Deaair ant F11 in I it! Attachment 4: Immigration Law Affidavit Certification Solicitation#and Title : 17-7075 Remanufactured Engines and Transmissions This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor ! Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name RELIABLE TRANSMISSION SERVICE, INC. Print Name TERRY HESS Title GENERAL MANAGER Signature Date 01/30/2017 State of FLORIDA ; Federal Work Authorization Number: 204692 Authorized: 12/1/2010 County of HILLSBOROUGH The foregoing instrument was signed and acknowledged before me this 30thday of JANUARY ,20 17 , by TERRY HESS who has produced PERSONALLY KNOWN as identification. (�Ftttt ,, •_. 4 e) (Type of Identification and Number) r=" . qy, o :w Public Si.nattUre" .a "N'NN REBECCA L MANN ,P / ra r `t ; 'z MY COMMISSION#FF007159 -ezieera 'wtott�0.41 EXPIRES April 11,2017 Printed Name of Notary Public (40713SS-018,3 FfdxideNataryServico.com X7-/59 1/4� /� Notary Commission Number/Exp ration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 17-7075 Remanufactured Engines and Transmissions 26 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 ParentSummary Page 1 of 1 elk IOW erl y o Lau Login Employment Eligibility Verification 12'21 PM-08118/2014 Log Out Cita eny0010i Kelp Home Edit Corporate Profile My Company Locations, Add New Location Name and Location Information View 1 Edit View Existing Locations Add New User Company ID Number: 204692 View Existing Users Company Name: Reliable Transmission Service Close Company Accounts Doing Business As(DBA)Name: My Profile DUNS Number. Edit Profile Change Password Address 1: 6613 78th Street South Alt Address 1: Change Security Questions Address 2: Alt Address 2: My Corporate Account City: Riverview Alt City: Edit Corporate Profile State: FL Alt State: Add Now Adminletratnr Zip Code: 33078 Alt Zip Code: View Existing Administrators Additional Information Close Corporate Account My Reports Parent Organization: View Reports My Resources View Essential Resources Corporate Administrator(s): Take Tutorial jj 1.,_...M._...__View 1 Edit View User Manual Share Ideas Contact Us '.. U.S Otenconeni or fdentatard tawety-ahxm.4hs.yav U 8.C atenslnn out inueyaeenn aewars-WNW goon yea Amass tnitry 3ewnineu Viewers https://e-verify.uscis.gov/emp/ParentAddress.aspx 8/12/2014 16fl5 c ;or my Adm,isa°alie Samtte Chmatnent Attachment 5: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name RELIABL TRA fSM SStO , . . (as shown on income tax return) Business Name (if different from taxpayer name) Address P.O. BOX 377 city BRANDON State FL Zip 33509 Telephone 813-677-8883 FAX 813=67'1-M58 Email rebeccamartsailisoh.com Order Information Remit!Payment Information Address 6613 SOUTH 78TH ST, Address P.O. BOX 377 City RIVERVIEWState FL _ Zip 33578 City BRANDON State FL Zip 33509 FAX 813-677-2800 FAX 813-671-5968 Email dawncertsaIIison.com Email dennisgi rtsaIlison.com 2. Company Status (check only one) _Individual/Sole Proprietor St Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (0=Disregarded Entity. C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 59-2352497 will be required to provide a social security number prior to an award of the contract.) Vendors who do not have,a TIN, 4. Sign and Date Form Certification: Under penalties off�perlu , t certify that the information shown on this form is correct to my knowledge. Signature r. • r . Date_. 0113012017 17-7075 Remanufactured Engine nd Transmissions 27 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 Title GENERAL MANAGER Phone Number 813-677-8883 } l 17-7075 Remanufactured Engines and Transmissions 28 G1Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 ££f Co ier Count)) 4dri iistrativo SeMcss Doinatnent Prvr:.urr!cnl G:r,iu ":h,c-,:ru• Attachment 6: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,recklessness,or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence i ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence 17-7075 Remanufactured Engines and Transmissions 29 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. D Performance and For projects in excess of$200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided,however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. RLC 12/21/2016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm RELIABLE TRANSMfS .ION SERVICE INC. Date 01/30/2017 Vendor Signature me /+ Print Name TERRY HESS Insurance Agency BEN BROWN INSURANCE AGENCY Agent Name EVAN BROWN Telephone Number 941-366-9373 17-7075 Remanufactured Engines and Transmissions 30 G\Current Solicitations—Template\Grant Funded ITS Template_11032016 1 6 0 5 „.....41 . A' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIVYYY) --- 9/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Angela Powers NAME: Ben Brown Insurance Agency PHONE (941)366-9373 FAX (941)365-3143 3731 S Tuttle AveAa t Angela@benbrownins.com INSURERS)AFFORDING COVERAGE NAM# Sarasota FL 34239-6410 INSURERA DG-ositors Ins Co 42587 INSURED INSURER B Allied Property & Casualty Ins Co 42579 Reliable Transmission Service Inc INSURER C Associated Industries Ins Co 23140 PO Box 377 INSURER D: INSURER E Brandon FL 33509-0377 INSURERF COVERAGES CERTIFICATE NUMBER:16/no forms REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSRAtFiSL Sc18R POLI Y EFF POLII uM1T5 TYPE OF INSURANCE IVSD I nm POLICY NUMBER (MMIOD/YYYY) ENUM/DWY'YYY) X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 _- DAMAGE t`O'NE1'7fFI v.... A CLAIMS-MADE X OCCUR s PREM SFS MI oc:A rrenea $ mm 100,000 X GLD03007405653 8/31/2016 8/31/2017 MED EXP(Any one person) $ 5,000 r PERSONAL 8 ADV INJURY $ 1,000.,000 GEN'L AGGREGATE LIMIT 2-is APPLIES PER_ GENERAL AGGREGATE $ 2,000 000 Itq- ( I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 ( POLICY� _� _... _..�, ' OTHER, I ) $ AUTOMOBILE LIABILITY I -COMBINED SINGLE LIMIT $ 1,000,000 ' X ANY AUTO BODILY INJJRY(Per person) $ B ALL OWNEDSCHEDULED s` AUTOS I AUTOS HAPC3007405653 8/31/2016 8/31/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ _. } HIRED AUTOS AUTOS 29,r acciArDr-^_— --. '..'_-"' I... X PIP 10,000 $i X#UMBRELLA LiAB X 1 OCCUR I EACH OCCURRENCE 5 6,000,000 B EXCESS LIAB [CLAIMS MADEAGGREGATE $ 0,0904900_ ' I X: CAP3007405653 8/31/2016 8/31/2017 5 DED RETENTION$ 10,000 !WORKERS COMPENSATION ��PER UT ( R IAND EMPLOYERS'LIABILITY Y I N AT TF (ANY PROPRIETOR/PARTNER/EXECUTIVE ii- .y NIA TWC3569878 - GA I ELEACHACCIDENT $ 500,000 OFFICER/MEMBER H)EXCLUDED? I AWC1067492 - FL 8/31/2016 '. 8/31/2017 '_E.L..DISEASE-EA EMPLOYEE$ 500.000 C .'(Mandatory In NH} If yes,describe under OESCPIPTION OF OPERATIONS below `TWC3569882 - IN & TX EL gISPASE-POLICY.LIMIT $ 500,000 A Garage Liability 'BAPD3007405653 8/31/2016 8/31/2017 see attached See Locaitons DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Transmission Shop - Auto Service. Collier County Board of County Commissioners are included as additional insured with regards to general liability. 30 days notice of cancellation applies except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 3301 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE Evan Brown/ANGELA i 27,1.0e4. ✓7'7. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025ro111d111 1/27/2017 Search Results I System for Award Management 16 D 5 USER NAME PASSWORD rtsallison LOG tai Forgot Username? Forgot Password? Create an Account Search esults Quick Search Results Your search returned the following results.,. ikallOSSary Notice:This printed document represents only the first page of your SAM search results.More results may be available.To print your complete search results,you can download the PDF and print it. Search Entity Reliable Transmission Service,Inc. Status: Active; Results Entity Exclusion DUNS: 151221082 CAGE Code: 0PX69 View Details ; Search Has Active Exclusion?: No ` DoDAAC: Filters Expiration Date: 04/06/2017 Deilnquent Federal Debt? No By Record Purpose of Registration: All Awards Status By Record Type SAM I System for Award Management 1.0 IBM vl.P.60.20161222-1237 WWW8 Note to all Users:This Is a Federal Government computer system.Use of this system constitutes consent to monitorIng at all times. lit PAP simmt https://www.sam.govlportai/SAM/?navigadonalstate=JBPNS r00ABXdcACJgYXZheC5mYWNlcy5Wb3JObGVOYnJpZGdIUNUQVRFXOIEAA/1AAQApdmIldzo... 1/1 1605 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2.Status of Federal Action: 3. Report Type: 1 a. contract A a. bid/offer/application a. initial filing b. grant b. initial award - b. material change c.cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name 0 Prime ❑Subawardee and Address of Prime: Tier , if known: RELIABLE TRANSMISSION SERVICE, INC. N/A 6613 SOUTH 78TH ST. RIVERVIEW, FL 33578 Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: N/A CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): N/A 1.1 Information requested through q 9 this lone is authorized by title 31 U.S.C.section Signature: 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made PrintName: TERRY SS or entered into, This disclosure is required pursuant to 31 U.S.C. 1352. This information nor will be available for public inspection. Any person who fails to file the GENERAL MANAGER required disclosure sure shall be subject to a civil penalty of not less then $10,000 and Title: not more than$100,000 for each such failure. 813-677-8883 01/30/2017 Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form LLL(Rev.7-97) 160 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbying entity 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 employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the Iasi previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriateclassification of the reporting entity that designates if it is,or expectsto be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(Item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number availablefor the Federal action identified in item 1 (e.g.,Request for Proposal(RFP) number; Invitation for Bid (IFB) number;grant announcement number;the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity Identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. 16 0 5 COLLIER COUNTY Certification Regarding Lobbying The undersigned RELIABLE TRANSMISSION SERVICE, INC. (Vendor/ Contractor) 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 making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, RELIABLE TRANSMISSION SERVICE, INq.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. TERRY HESS of Authorized Official GENERAL MANAGER Title ,_.�. Signature of Vendor/Contractor's Authorized Official 01/30/2017 Date 02/15 R3 16 0 5 1 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. TERRY HESS REMANUFACTURED ENGINES AND TRANSMISSIONS Name Project Name GENERAL MANAGER 17-7075 Title Project Number RELIABLE TRANSMISSION SERVICE, INC. 59-2352497 Firm Tax ID Number 151221082 DUNS Number 6613 SOUTH 78TH ST.,RIVERVIEW, FL 33578 Street Address, City, ate, Zip Signature 03/04/2013-(2) 1 160 5 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VEN ?R/CONTRACTOR`INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT RELIABLE TRANSMISSION SERVICE, INC, 59-2352497 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN Y N IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? Y N (DBE/MBE/WBE) OR HAVE ASMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y N OTHER? V O SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL '1BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DRE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS TOTALS. C SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER RELIABLE TRANSMISSION SERVICE, INC, 01/30/2017 GENERAL MANAGER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER rebeccam@rtsallison,com 813-677-8883 813-671-5968 NOTE:This Information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. 44 « CODE Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D.SE J TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT If(IFB/RFP or PO/REQ) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE Est.2010 v.2 16 0 5 BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES Prime Contractor/Prime Consultant: RELIABLE TRANSMISSION SERVICE,INC. Address/Phone Number: 6613 SOUTH 78TH ST., RIVERVIEW,FL 33578 Procurement Number/Advertisement Number: 17-17075 49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts.The list must include all firms that bid on prime contracts, or bid or quote subcontracts and supplies materials on DOT-assisted projects, including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT-assisted project. Prime contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves,and their subcontractors and subconsultants. 1 1, Federal Tax ID Number: 59-2352497 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: RELIABLE TRANSMISSION SERVICE,INC. ® Non-DBE ❑ Less than $1 million 3. Phone: 813-677-8883 ❑ Between $1 -$5 million 4. Address: 6613 SOUTH 78TH ST. ® Between $5-$10 million RIVERVIEW.FL 33578 7, ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1983 1. -deral Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Fir ame: ❑ Non-DBE ❑ Less than$1 million 3. Phone; ❑ Between $1 -$5 million 4. Address: El Between $5-$10 million 7, ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. D DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: 0 Between $5-$10 million . ❑ Subcontractor 0 Between $10-$15 million 1111 Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE Mi ass than$1 million 3. Phone: ❑ Be -en $1 -$5 million 4. Address: ❑ Betwe- 5-$10 million 7. ❑ Subcontractor ❑ Between $ _ -$15 million ❑ Subconsultant ❑ More than $15 ' 'on 5. Year Firm Established: 16 0 5 COLLIER COUNTY Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name RELIABLE TRANSMISSION SERVICE, INC. Date 01/30/2017 Authorized Signature 7 � -- � Address 6613 SOUTH 78TH ST.,RIVERVIEW, FL 33578 Solicitation/Contract# 17-7075 02/15 R3 1605 COLLIER COUNTY Vendor Submittal—Conflict of Interest Certification 17-7075 Collier County Solicitation No. { I,RELIABLE TRANSMISSION SERVICE, INC. , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. TERRY HESS Name Signature/ GENERAL MANAGER 01/30/2017 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1)to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 160 5 COLLIER COUNTY Certification Regarding Drug-Free Workplace Requirements The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about—(1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will—, (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). TERRY HESS GENERAL MANAGER Certifying Official Na e Title 01/30/2017 Signature Date 1 6 0 5 ,.. O O O OF O O O O O C) O O ' tri !xi tri tri tri tri a) a) a) a) O) a) 4 I iM0 co M0 Mn com o MO W m m 1.. Vi +. Z z z z z z 69 69 69 69 69 (A- a) a) Q) a) O O O O co , N E N E NE NE O O O O M CO M c`') C C O •O 1 N cC 0+ c0 c0 co CO CO CO p co :' - - -- O O O _.. .-. — i-. V) H ., u•3 tO It) . Tr F ti N IC) lf) UL) L , ,' Cr) Cr) M C) O) c5) .. . . d• cO c0(0 c0 in c ;' 0 0 0 co M Cco M7 N N N (0CO CO CO O N U) :v fes- N. ti .- fes- ti O a) a) O 0 0 co N c C C c c co _O _O . C fn N c) N N N U) In to LC) IC) l!) C) I� . O CO C4 c0 CO CO a e-I Qp m C N a) N N CD Qx) C C C C C C N 0 N N ° a s = _ _ _ _ = N O N >< >< x coCO CO CO CO CO N C 0 ' O O 0 0 Cin C E �' c c c c C C 0E) UE) U) ai 0 vE) c', re U) as as as as co > w w W W W w F-- H E— F— t— I- a fq fA fn N fq fA C C C C C C Q) C C C C C C O O O O O O E E E E -EE •N •( •� .cn .u) •N >, E E E E E E Q Q ' a Q Q Q E -I = z m D O C -La -0 v -o -0 0 U " U 0 0 0 0 0 o m m o m m -0 "0 -0 a -v = > > = -o 1 o a) o o a) o o , v v v v o o - . - a, 0 0 C.) U C) C.) = C C = = = c 4 CO `C4 CO N c(a (Co CCo (Cu CCI c `'. c c c c c c EEEEEE c N (Q c0 c6 c4 c6 Cl) a) a) a) Cl) a) W 0CI) aEi aEi Cl)ECl)ECt WC Cd W c V CC CL CC C IY C o Q v a, -o O U U N— N M V In CO ti CO O O .— N r r w a e m co >- 2 Ll) a 0. 160 5 a °yea~ County Email: MatthewCatoe@colliergov.net Telephone: (239) 252-8929 Administrative Services Department Procurement ServicesDivisian Fax: (239) 252-6421 ADDENDUM # 1 Memorandum Date: January 30, 2017 From: Matt Catoe, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation: 17-7075 Remanufactured Engines and Transmissions The following clarifications are issued as an addendum identifying the following change (s)for the referenced solicitation: Change: Sealed bid responses for Solicitation 17-7075 Remanufactured Engines and Transmissions, will be received electronically only on online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid until 3:00 PM Collier County local time on January 31, 2017. February 3, 2017. Add: • 10. LOBBYING Contractors 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,,," Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract,grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient, • Complete -Certification Regarding Lobbying Form (attached} If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Yousi Cardeso Please el.n below and retu a copy of this Addendum with your submittal for the above referenced solicitation. 02/01/2017 (Signature) Date RELIABLE TRANSMISSION SERVICE, INC. (Name of Firm) AddendumTemplate Revised:4/15/10 1 1 6 0 5 COLLIER COUNTY Certification Regarding Lobbying The undersigned dux/fcz 4,fu5,>/ss o.✓>t�/,e1 c, (Vendor/ Contractor) 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 making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, RELIABLE TRANSMISSION SERVICE,INC. , 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 anddisclosure, if any. TERRY HESS Name of Authorized Official GENERAL MANAGER Title y Signature of Vendor/Contractor's Authorized Official 02/01/20 Date 02/15 R3 1/27/2017 Detail by Entity Name 16 0 5 DIVISION CF CORPORATIONS r r P 3 Peoortment of Stale / Division of corooflatlorts / Search Records / Omit By Ootyrnent Nyrntler / Detail by Entity Florida Profit Corporation RELIABLE TRANSMISSION SERVICE, INC. Filing Informations Document Number G58784 FEI/EIN Number 59-2352497 Date Filed 09/09/1983 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 04/13/1989 Principal Address 6613 78TH STREET SOUTH RIVERVIEW, FL 33578 Changed: 03/12/2015 P O BOX 377 BRANDON, FL 33509 Changed: 03/15/1994 .RgIst9red Agent Name&Address PHILLIPS, GARY 913 SYMPHONY BEACH LANE APOLLO BEACH, FL 33572 Name Changed: 04/01/1997 Address Changed: 04/13/2001 Officer/Director Detail Name&Address Title PTD PHILLIPS, GARY H. 913 SYMPHONY BEACH LANE APOLLO BEACH, FL http://search.sunbiz.org/Inquiry/Corp rationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=RELIABLETRAN5... 1/2 1/27/2017 Detail by Entity Name 160 5 i rue vo PHILLIPS,JOANN 913 SYMPHONY BEACH LANE APOLLO BEACH, FL Annual Reoorts Report Year Filed Date 2014 05/01/2014 2015 03/12/2015 2016 02/09/2016 Document Images ,1a r. NN .i ~ '.xView image in PDF format 011 : +' —as , * ~* . View Image in PDF format 05/01/2014—ANNUAL REPORT View image in PDF format 03/27/2013—ANNUAL REPORT View image in PDF format 04/11/2012—ANNUAL REPORT View image in PDF format 03/24/2011,—ANNUAL REPORT View image in PDF format +; ;;11 t-:ti ;, * OA View Image In PDF format - ;,, ~,►; View image in PDF format 0712V. 2008--ANNUAL REPORT View image in PDF format 04/02/2007—ANNUAL REPORT View image in PDF format 04/27/2006--ANNUAL REPORT View image in PDF format 05/02/2005 ANNUAL REPOT View image in PDF format 04/28/2004—ANNUAL REPORT View image in PDF format 05/02/2003--ANNUAL REPORT View image in PDF format 0212112002-•ANNUAL REPORT View image in PDF format Li/131 a 1—11. : t; P. T View Image in PDF format 04120/2000—ANNUAL REPORT View image in PDF format 04/02/1999—ANNUAL REPORT View image in PDF format 03/25/1998--ANNUAL REPORT View image in PDF format r r1/1,-J N. • *•,j View image in PDF format 03/26/1996--ANNUAL REPORT View image in PDF format 03{01/1995—ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inqui ry/Ccrporati onSearch/SearchResultDetai I 9 nqui rytype=EntityNam e&directi onType=Ini ti al&sear chN ameOrder=RELIABLETRAN S... 2/2 16 0 5 Exhibit C — Grant Requirements (following this page) Page 12 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Reliable Transmission Service, Inc. 16 0 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 The services performed by the awarded Contractor shall be in compliance with all applicable FTA regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval.The vendor agrees to include in the subcontract that(1)the subcontractors is bound by the terms of this Agreement,(ii)the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract,the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla.Stat. Box is Checked If Provision Is Applicable ® 1. Fly America Requirements(only required if the items transported via ocean vessel or air) ❑ 2. Buy America Requirements-Sign Certification ❑ 3. Charter Bus and School Bus Requirements Z 4. Cargo Preference Requirements ❑ 5. Seismic Safety Requirements ® 6. Energy Conservation Requirements ❑ 7. Clean Air Act and Federal Water Pollution Control Act ❑ 8. Bus Testing-Sign Certification ❑ 9. Pre-Award and Post Delivery Audit Requirements-Sign Certification ❑ 10.Lobbying-Sign Certification ® 11.Access to Records and Reports ® 12.Federal Changes ❑ 13.Bonding Requirements ® 14.Recycled Products ❑ 15.Prevailing Wage(Davis-Bacon Act)and Anti-Kickback DOL Wage Determination ❑ 16.Contract Work Hours and Safety Standards Act ® 17.No Government Obligation to Third Parties ® 18.Program Fraud and False or Fraudulent Statements and Related Acts ® 19.Termination ® 20.Debarment and Suspension-Sign Certification Z 21.Privacy Act ® 22.Civil Rights Requirements ❑ 23.Violation and Breach of Contract ❑ 24.Patent and Rights in Data ❑ 25.Transit Employee Protective Arrangements ® 26.Disadvantaged Business Enterprises(DBE)-Complete(2)Forms Anticipated DBE Form,Bidders List ® 27.Incorporation of Federal Transit Administration(FTA)Terms ❑ 28.Drug and Alcohol Testing ❑ 29.ADA Access ❑ 30.ITS Standards ❑ 31.Dept of Labor EEO Provision ❑ 32. Safe Operation of Motor Vehicles ❑ 33.Additional Employee Protections(Construction Projects) Rev 12/16 1 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Forms to submit with bid/proposal: Box is Checked If Applicable 0 Lobbying O Government Wide Debarment& Suspension O Anticipated D/M/WBE Participation ® Bid Opportunity List ® Acknowledgement of Grant Terms and Conditions 0 Conflict of Interest ® Drug Free Workplace Rev 12/16 2 16 0 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1. FLY AMERICA REQUIREMENTS(Applies to subcontracts) The Contractor agrees to comply with the following: a)Definitions. As used in this clause-- • "International air transportation"means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • "United States"means the 50 States,the District of Columbia,and outlying areas. • "U.S.-flag air carrier"means an air carrier holding a certificate under 49 U.S.C.Chapter 411. b)When Federal funds are used to fund travel,Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C.40118)(Fly America Act)requires contractors,recipients,and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel(and their personal effects)or property,to the extent that service by those carriers is available.It requires the Comptroller General of the United States,in the absence of satisfactory proof of the necessity for foreign-flag air transportation,to disallow expenditures from funds,appropriated or otherwise established for the account of the United States,for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c)If available,the Contractor,in performing work under this contract,shall use U.S.-flag carriers for international air transportation of personnel(and their personal effects)or property. d)In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation,the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons(and their personal effects)or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons.See FAR§47.403.[State reasons]: e)The Contractor shall include the substance of this clause,including this paragraph(e),in each subcontract or purchase under this contract that may involve international air transportation. 2. BUY AMERICA REQUIREMENT(Applies to subcontracts) The contractor agrees to comply with 49 U.S.C. 5323(j)and 49 C.F.R.Part 661,which provide that Federal funds may not be obligated unless steel,iron,and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and includes microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.661.11. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification(Attachments)with all bids or offers on FTA-funded contracts,except those subject to a general waiver.Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. 3. CHARTER AND SCHOOL BUS REQUIREMENTS Charter Service Operations The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r) and 49 C.F.R Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service,except as permitted under: 1.Federal transit laws,specifically 49 U.S.C.§ 5323(d); 2.FTA regulations,"Charter Service,"49 C.F.R.part 604; 3.Any other federal Charter Service regulations;or 4.Federal guidance,except as FTA determines otherwise in writing. The contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it.These corrective measures and remedies may include: Rev 12/16 3 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1.Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter Service regulations;or 3.Any other appropriate remedy that may apply. The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. School Bus Operations The contractor agrees to comply with 49 U.S.C. 5323(f),and 49 C.F.R.part 604,and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses,except as permitted under: 1.Federal transit laws,specifically 49 U.S.C. § 5323(f); 2.FTA regulations,"School Bus Operations,"49 C.F.R.part 605; 3.Any other Federal School Bus regulations;or 4.Federal guidance,except as FTA determines otherwise in writing. If Contractor violates this School Bus Agreement,FTA may: 1.Bar the Contractor from receiving Federal assistance for public transportation;or 2.Require the contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment,vehicles,or facilities. The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 4. CARGO PREFERENCE REQUIREMENTS(Applies to subcontracts) Use of United States-Flag Vessels-The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b.to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market Development,Maritime Administration,Washington,DC 20590 and to the FTA recipient(through the contractor in the case of a subcontractor's bill-of-lading.);and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,material,or commodities by ocean vessel. 5. SEISMIC SAFETY REQUIREMENTS(Applies to subcontractors) The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 6. ENERGY CONSERVATION REQUIREMENTS(Applies to subcontracts at every tier) (Applies to subcontracts at every tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS Rev 12/16 4 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (Applies to subcontracts OVER$150,000 at every tier) The Contractor agrees: 1)It will not use any violating facilities; 2)It will report the use of facilities placed on or likely to be placed on the U.S.EPA"List of Violating Facilities;" 3)It will report violations of use of prohibited facilities to FTA;and 4)It will comply with the inspection and other requirements of the Clean Air Act,as amended,(42 U.S.C. §§ 7401 — 7671q);and the Federal Water Pollution Control Act as amended,(33 U.S.C.§§ 1251-1387). 5)The Contractor also agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FTA. 8. BUS TESTING The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing,the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s)publicly available prior to final acceptance of the first vehicle by the recipient. 9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R.part 663 and related FTA guidance. 10. LOBBYING Contractors 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." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 11. ACCESS TO RECORDS AND REPORTS(Applies to Subcontracts at every tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including,but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements,other third party agreements of any type,and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333.The Contractor shall maintain all books,records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation,appeals,claims or exceptions related thereto. c.Access to Records.The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 12. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations,policies,procedures and directives,including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA,as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Rev 12/16 5 16 0 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 13. BONDING REQUIREMENTS (Applies to Subcontracts at every tier) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the COUNTY and listed as a company currently authorized under 31 CFR,Part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the COUNTY to reject any and all bids,or part of any bid,and it is agreed that the Bid may not be withdrawn for a period of[ninety(90)] days subsequent to the opening of bids,without the written consent of the COUNTY. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of the COUNTY,shall refuse or be unable to enter into this Contract,as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds,as provided above,or refuse or be unable to furnish adequate and acceptable insurance,as provided above,he shall forfeit his bid security to the extent of `COUNTY'S damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement,or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the COUNTY as provided in[Item x"Bid Security"of the Instructions to Bidders])shall prove inadequate to fully recompense the COUNTY for the damages occasioned by default,then the undersigned bidder agrees to indemnify the COUNTY and pay over to the COUNTY the difference between the bid security and(Recipient's)total damages,so as to make the COUNTY whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements(Construction) A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever,and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida(or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. A. Contractor shall provide Performance and Payment Bonds in the amount of 100%of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935,F.S.shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five(5)calendar days thereafter,substitute at its cost and expense another bond and surety,both of which shall be subject to the Owner's approval. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The COUNTY shall determine the amount of the advance payment bond necessary to protect the COUNTY. Patent Infringement Bonding Requirements(Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The COUNTY shall determine the amount of the patent indemnity to protect the COUNTY. Rev 12/16 6 1 60 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to the COUNTY,the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the COUNTY,free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the COUNTY Project Manager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe,substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by the COUNTY and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the COUNTY. As additional security for these guarantees,the Contractor shall, prior to the release of Final Payment [as provided in Item X below],furnish separate Maintenance(or Guarantee)Bonds in form acceptable to the COUNTY written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one(1)year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT(100%) of the CONTRACT SUM,as adjusted(if at all). 14. RECYCLED PRODUCTS (Applies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year,or when the cost of such items purchased during the previous fiscal year was$10,000.) Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources,protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S.EPA),"Comprehensive Procurement Guideline for Products Containing Recovered Materials,"40 C.F.R.part 247. 15. PREVAILING WAGE AND ANTI-KICKBACK (Applies to subcontracts at every tier) The Contractor will comply with the Davis-Bacon Act,40 U.S.C. §§3141-3144,and 3146-3148 as supplemented by DOL regulations at 29 C.F.R.part 5,"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction."In accordance with the statute,the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,the Contractor agrees to pay wages not less than once a week.The Contractor shall also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. §3145),as supplemented by DOL regulations at 29 C.F.R.part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States."The Contractor is prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. (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 Rev 12/16 7 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 additional classifications and wage rates conformed under paragraph (1)(ii)of this section) and the Davis-Bacon poster(WH- 1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers,which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be 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 Rev 12/16 8 16 0 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (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— Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice, trainee, or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract,the Collier County may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. (3)Payrolls and basic records-(i)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased Rev 12/16 9 16 0 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington,DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B)Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations,29 CFR part 5 and that such information is correct and complete; (2)That each laborer or mechanic(including each helper,apprentice, and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying,or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the contractor,sponsor,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 Rev 12/16 10 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 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. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS fApplies to subcontracts at every tier) For all contracts in excess of$100,000 that involve the employment of mechanics or laborers,the Contractor shall comply with the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards,on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction Rev 12/16 11 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market,or to contracts for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of this clause in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement. Contract Work Hours and Safety Standards for Awards Not Involving Construction The Contractor shall comply with all federal laws,regulations,and requirements providing wage and hour protections for non- construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non- construction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R.part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 17. NO GOVERNMENT OBLIGATION TO THIRD PARTIES(Applies to subcontracts at every tier) (1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient,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. 18. PROGRAM FRAUD OR FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (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 Rev 12/16 12 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 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. chapter 53,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(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. 19. TERMINATION(Applies to subcontracts at every tier in excess of$10,000) a. Termination for Convenience(General Provision) The COUNTY may terminate this contract,in whole or in part,at any time by written notice to the Contractor when it is in the COUNTY's best interest. The Contractor shall be paid its costs, including contract close-out costs,and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY,the Contractor will account for the same,and dispose of it in the manner the COUNTY directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule,or, if the contract is for services,the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing,such as a strike,fire, or flood, events which are not the fault of or are beyond the control of the Contractor,the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure(General Provision)The COUNTY in its sole discretion may,in the case of a termination for breach or default,allow the Contractor[an appropriately short period of time] in which to cure the defect. In such case,the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY'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 COUNTY setting forth the nature of said breach or default, COUNTY 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 COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term,covenant,or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract,in whole or in part,when it is in the Government's interest. If this contract is terminated,the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default(Supplies and Service)If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this Rev 12/16 13 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 contract,the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. g. Termination for Default(Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract,the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods,the Contractor shall, upon direction of the COUNTY,protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. h. Termination for Default(Construction)If the Contractor refuses or fails to prosecute the work or any separable part,with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials,appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time,whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY,epidemics,quarantine restrictions,strikes,freight embargoes;and 2. The contractor,within [10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY,the delay is excusable,the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties,but subject to appeal under the Disputes clauses. If,after termination of the Contractor's right to proceed,it is determined that the Contractor was not in default,or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. i. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports,estimates,summaries,and other information and materials accumulated in performing this contract,whether completed or in process. If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. Rev 12/16 14 16 0 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. j. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY,the Contractor shall be paid its contract close-out costs, and a fee,if the contract provided for payment of a fee,in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 20.DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION(Applies to subcontracts) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a)Debarred from participation in any federally assisted Award; b)Suspended from participation in any federally assisted Award; c)Proposed for debarment from participation in any federally assisted Award; d)Declared ineligible to participate in any federally assisted Award; e)Voluntarily excluded from participation in any federally assisted Award;or f)Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY.If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R.part 1200,while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 21. PRIVACY ACT The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1)The Contractor agrees to comply with, and assures the compliance of its employees with,the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to Rev 12/16 15 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act,apply to those individuals involved,and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2)The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 22. CIVIL RIGHTS AND EQUAL OPPORTUNITY(Applies to subcontracts at every tier) The following requirements apply to the underlying contract: The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h)(3)by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race,color,religion,national origin,sex,disability, gender identity or age.In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2.Race,Color,Religion,National Origin,Sex.In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C. § 2000e et seg., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor,"41 C.F.R.chapter 60,and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it,referenced in 42 U.S.C. § 2000e note.The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color, religion, national origin, or sex(including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,"45 C.F.R.part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4.Disabilities.In accordance with section 504 of the Rehabilitation Act of 1973,as amended,29 U.S.C. § 794,the Americans with Disabilities Act of 1990, as amended,42 U.S.C. § 12101 et seg.,the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 23. BREACHES AND DISPUTE RESOLUTION(Applies to subcontracts at every tier over$150,000) Disputes - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of the vendor with full decision-making authority and by OWNER'S staff Rev 12/16 16 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under Section 44.102, Fla.Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. PATENT AND RIGHTS IN DATA(Applies to subcontracts at every tier) Intellectual Property Rights This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall, at a minimum,include the following restrictions: Except for its own internal use,the Contractor may not publish or reproduce subject data in whole or in part,or in any manner or form, nor may the Contractor authorize others to do so,without the written consent of FTA,until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this agreement, the term "subject data" means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of"subj ect data" include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports,cost analyses,or other similar information used for performance or administration of the Contract. 1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for "Federal Government Purposes," any subject data or copyright described below. For "Federal Government Purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent,the Federal Government may not extend its Federal license to any other party. a. Any subject data developed under the Contract, whether or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA. 2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public,either FTA's license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained.If the experimental,developmental,or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. 3.Unless prohibited by state law,upon request by the Federal Government,the Contractor agrees to indemnify, save,and hold harmless the Federal Government,its officers,agents,and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee,official,or agents of the Federal Government. 4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. 5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. Rev 12/16 17 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental,or research work financed in whole or in part with Federal assistance. 25. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS(Applies to subcontracts at every tier) The Contractor agrees to comply with the following protective arrangement of 49 U.S.C. § 5333(b): 1.U.S.DOL Certification.Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance,a certification issued by U.S.DOL is a condition of the Contract. 2. Special Warranty.When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311,U.S.DOL will provide a Special Warranty for its Award,including its Award of federal assistance under the Tribal Transit Program.The U.S.DOL Special Warranty is a condition of the Contract. 3.Special Arrangements.The conditions of 49 U.S.C. § 5333(b)do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310.FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b)for all transfers of funding authorized under title 23,United States Code(flex funds),and make other exceptions as it deems appropriate,and,in those instances,any special arrangements required by FTA will be incorporated herein as required. 26. DISADVANTAGED BUSINESS ENTERPRISE(Applies to Subcontracts at every tier) It is the policy of the Collier County Board of County Commissioners(BCC)to ensure that Disadvantaged Business Enterprises(DBE)s are defined in part 26,have an equal opportunity to receive and participate in Department of Transportation (DOT}—assisted contracts.It is also our policy: 1.To ensure nondiscrimination in the award and administration of DOT—assisted contracts; 2.To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3.To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4.To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5.To help remove barriers to the participation of DBEs in DOT assisted contracts; 6.To assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore,the Contractor must satisfy the requirements for DBE participation as set forth herein.These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color,national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: 1. Certified by the Florida Unified Certification Program; or 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval;or 3.Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 1.6%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Rev 12/16 18 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract,the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs.These reports shall provide the following details: •DBE utilization established for the Contract; •Total value of expenditures with DBE firms for the period; •The value of expenditures with each DBE firm for the period by race and gender; •Total value of expenditures with DBE firms from inception of the Contract;and •The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm.Before transmitting a request to terminate,the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination.When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason,the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract.The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory,identifying all firms eligible to participate as a certified DBE,may be located at the Florida Department of Transportation website. http://www3 b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www.colliergov.net/your-government/divisions-f-r/public-transit-nei ghborhood-enhancement/our-service s-/col l ier-are a- transit-cat/dbe 27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS(Applies to subcontracts) 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 4220.1F,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 COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 28. SUBSTANCE ABUSE REQUIREMENTS Rev 12/16 19 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Drug and Alcohol Testing The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655,and permit any authorized representative of the United States Department of Transportation or its operating administrations, the Florida Department of Transportation,or the COUNTY,to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify and submit annually its compliance with Parts 655,Florida Statute 341.061,and Rule 14-90 Florida Administrative Code before January 20th to the Public Transit&Neighborhood Enhancement Division Director. To certify compliance the contractor shall use the"Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The certification will also include compliance with its adopted System Safety and Security Program Plan pursuant to Florida Rule Chapter 14-90. 29. ADA ACCESS Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities.The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 30. ITS STANDARDS Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation(US DOT). 31. DEPT OF LABOR EEO CONDITIONS The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b)Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity,"42 U.S.C. § 2000e note. These goals are applicable to all of the contractor's construction work(whether or not it is Federal or federally-assisted) performed in the covered area. Goals for minority participation for each trade: 17.1% Goals for female participation in each trade: 6.9% 32. SAFE OPERATION OF MOTOR VEHICLES(Applied to Subcontracts at every tier) Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms "company-owned"and"company-leased"refer to vehicles owned or leased either by the Contractor or AGENCY. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer,and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. 33. ADDITIONAL EMPLOYEE PROTECTIONS ON CONSTRUCTION PROJECTS The Contractor shall comply with U.S. DOL regulations, "Recording and Reporting Occupational Injuries and Illnesses," 29 C.F.R.part 1904;"Occupational Safety and Health Standards,"29 C.F.R.part 1910. 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