#14-6229 (Southern Signal & Lighting, Inc.) AGREEMENT 14-6229
For
Installation and Maintenance of Traffic Signals and Roadway Lighting
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Southern Signal & Lighting, Inc. as
the Primary Contractor, authorized to do business in the State of Florida, whose business address
is 3884 Prospect Avenue, Naples, Florida 34104 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of
Board award, and terminating one (1) year from that date, or until such time as all outstanding
services ("Work") requested prior to the expiration of the Agreement period have been
completed to the satisfaction of the County. This contract shall have three (3) additional, one
(1) year renewals, renewable annually. 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 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
not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be
qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of
Work, hereby attached and incorporated by reference. Each awardee will enter into an
Agreement to perform routine and emergency traffic signal installation, maintenance and repair
work, and roadway lighting installation, maintenance and repair work as an as-needed basis in
accordance with the terms and conditions of RFP #14-6229 and the Contractor's proposal,
which is incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any Work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Collier County Traffic Operations Department,
any County Department may use this contract provided sufficient funds are included in its
budget. The process for obtaining services under this Contract is as follows:
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Primary Contractor. The Primary Contractor shall
have five (5) business days to respond that they are willing and able to complete the job(s) in
the required time frame. The user department will then issue a Notice to Proceed, provided
that there has been a Purchase Order established for the work.
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If the Primary Contractor cannot provide requested services within the timeframe specified by
the user department, then the Secondary Contractor will then be contacted. The procedure for
obtaining services is the same.
Any modifications to this Agreement shall be in compliance with the County Purchasing
Ordinance and Procedures in effect at the time such modifications are authorized.
3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work
pursuant to Exhibit B Price Schedule, attached herein and incorporated by reference. Any
County Agency may utilize the services offered under this contract, provided sufficient funds
are included in the budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Southern Signal & Lighting, Inc.
Post Office Box 5142
Hudson, FL 34674
Attention: James T. Coleman, President
Phone: 727-819-2061
Facsimile: 727-857-4097
Email: dgcoleman(c�tampabay.rr.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239-252-8407
Fax: 239-252-6480
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 Service Agreement must be in writing.
5. 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.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
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responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. 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 Contract 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.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. 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 $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
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Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. 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, 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 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not
remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (d) reasonable indication that the Work will not be completed
within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f)
any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
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14. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, as well as coordinating
its Work with all work of others at the Project Site, so that its Work or the work of others
shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be
solely responsible for all construction means, methods, techniques, sequences, and
procedures as well as coordination of all portions of the Work under the Contract
Documents, and the coordination of Owner's supplies and contractors.
B. The "Commencement Date" of all Work to be performed under this Agreement shall be
established in the Notice to Proceed to be issued by the Owner. Contractor shall
commence the work within five (5) calendar days from the Commencement Date. No
Work shall be performed at the Work site prior to the Commencement Date. Any Work
performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
C. Any delay caused by availability or capability of the Primary Contractor in the
commencement of the Work described herein shall constitute the County's right to utilize
the Secondary Contractor without penalty or shall not give rise to damages or additional
compensation from County. Primary Contractor expressly acknowledges and agrees that
it shall receive no damages or additional compensation for work issued to the Secondary
Contractor for any reason.
D. Should Contractor be obstructed or delayed in the prosecution of or completion of the
Work as a result of unforeseeable causes beyond the control of Contractor, and not due to
its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts
of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts,
Contractor shall notify the Owner in writing within forty-eight (48) hours after the
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which Contractor may have had to request a time extension.
E. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise
to any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Work Time;
provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as to claims based on late
completion.
15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly
set forth herein, no addition or changes to the Work shall be made except upon modification
of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such modification. No officer, employee or agent of Owner is
authorized to direct any extra or changed work orally.
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16. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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)-(d) and (3)),
ordinances). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner, and shall be delivered by hand, by fax, e-mail, or by the United
States Postal Service Department, first class mail service, postage prepaid. Contractor shall
also be responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. These warranties are in addition
to those implied warranties to which Owner is entitled as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
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insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances,
rules or regulations of any public authority having jurisdiction over the Project requires any
portion of the Work to be specifically inspected, tested or approved, Contractor shall assume
full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. If Contractor or anyone
for whom Contractor is legally liable is responsible for any loss or damage to the Work,
or other work or materials of Owner or Owner's separate contractors, Contractor shall
be charged with the same, and any monies necessary to replace such loss or damage
shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
25. COMPLETION. Owner reserves the right to inspect the Work and make an independent
determination as to the acceptability of the Work. Unless and until the Owner is completely
satisfied, payment shall not become due and payable.
26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Collier County Traffic Operations Department.
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27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Exhibit A Scope of Services, Exhibit B Price Schedule, Contractor's
Proposal, Insurance Certificate(s), RFP #14-6229 any addenda, any Purchase Order made or
issued pursuant to this Agreement and any related plans or specifications for any such
Purchase Orders.
28. 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 contract held by the individual
and/or firm for cause.
29. 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.
30. 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.
No markup shall be applied to sales tax.
31. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
32. 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.
33. 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 contract to other governmental entities at the discretion of the
successful proposer.
34. 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.
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35. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department 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.
36. 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.
37. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as
the owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
38. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the
Contractor's Proposal, the Contract Documents shall take precedence.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock,.Clerk o f Courts i
By: "Au.. By 4. ■
Tom Henning, Chair till
Dated: . w
(Seal)
Attest,as to Chaiciran's
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Southern Signal & Lighting, Inc.
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Exhibit A
Scope of Work
Contract 14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting
The purpose of this Agreement is to assist the Collier County Traffic Operations Department and other County
Departments and Agencies, including the Community Redevelopment Area (CRA) in performing routine and
emergency traffic signal maintenance and repair work, and roadway lighting maintenance and repair work in all
areas of Collier County including, but not limited to those that are under the jurisdiction of Collier County Traffic
Operations Department. The Contractor shall provide all material, labor, equipment, Maintenance of Traffic
(MOT), vehicles, and any other items required on a furnish and install or install only on an as-needed basis.
This Agreement is for traffic operations in routine and emergency operations, maintenance, repairs, and
upgrades of traffic signals and roadway lighting that is under the jurisdiction of Collier County Traffic
Operations Department ("Work") or other County Departments and Agencies. The Work shall be performed in
accordance with the contract documents, Florida Department of Transportation Standard Specifications for
Road and Bridge Construction (latest edition), Florida Department of Transportation Design Standards (latest
edition), Collier County Traffic Operations Traffic Signal & Roadway Lighting Technical Special Provisions,
(latest edition), and Collier County CMA# 5807 Maintenance of Traffic (MOT) requirements.
Traffic Signal System Maintenance and Repair:
Maintenance and repair work consists of providing all labor, material, equipment and MOT for routine signal
maintenance, minor signal repairs, signal light unit replacement, signal wiring, signal system communications
repairs, rebuilding electrical services, emergency repairs, etc. Collier County, at its discretion, may provide
controller assemblies, signal indications/heads, or other signal components as deemed necessary. All work
assigned shall be completed within fifteen (15) calendar days after issuance of a Notice to Proceed unless
otherwise directed in writing by the Project Manager or his designee. In the event of an emergency, where a
potential safety hazard may exist or where traffic is delayed or impeded; the County may deem the repair to be
an Emergency Repair and the Contractor shall respond within a period not to exceed two (2) hours including
travel time from notification by the County. Work shall be conveyed and confirmed by the use of Fax or Email
transmissions, except for emergency repairs, which shall be given verbally by telephone, with written
documentation to follow within twenty-four (24) hours.
The Maintenance Painting of Steel Mast Arm Assemblies and Steel Strain Poles are included in Exhibit B Price
Schedule and will be compensated under Labor, Material, and Equipment. This will include damage due to
vehicle accidents and/or preparation and painting of entire intersection steel traffic signal assemblies. Damage
repair areas and traffic signal assemblies painted under the Collier County Traffic Operations Maintenance of
Structural Steel Standards will require a five (5) year warranty against Fading and Adhesion per FDOT Section
649-4.3 Painting. If the paint fails due to an application error the Contractor will be responsible for the paint
during this entire five (5) year period.
Roadway Lighting System Maintenance and Repair:
The Maintenance and Repair work will include trouble shooting lack of power at luminaires, repair of a specific
load center circuit and components, and replacement of conduit and conductors between roadway lighting pole
installations, replacement of light pole installations and or load centers knocked down by vehicle crashes or
service reasons. This includes all labor, equipment, materials, MOT, vehicles and components necessary to
replace the roadway lighting installation on its existing foundation and/or load center installation. In the event
that the existing light pole foundation must be replaced, that Work will be accomplished under a separate
Notice to Proceed. The Notice to Proceed may include an initial callout visit to pick up the knocked down pole
and parts and to make the location safe while awaiting a replacement installation. Should the Light Pole and
Arm be undamaged and reusable, a replacement Transformer Base, Luminaire, and associated components
as needed shall be installed to return the installation to normal operating condition. Collier County, at its
discretion, may provide roadway lighting components as deemed necessary. Response time to emergency
callouts shall be less than two (2) hours.
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The County will remain responsible for everyday maintenance of all the Roadway Lighting.
MISCELLANEOUS MATERIALS & SERVICES:
The County reserves the right to furnish any or all materials and/or services should such action be in the
County's best interest.
CONTRACTORS REQUIREMENTS/RESPONSIBILITIES:
A. The Contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the
current CMA Instruction 5807 of the County Manager Administrative procedure during all phases of project
work. The Contractor will provide personnel trained and certified by the International Municipal Signal
Association (IMSA) Safety in the Work Zone and FDOT Work Zone Safety certification to oversee set-up of
MOT. The Contractor will assure the use of safety vests, traffic cones, and arrow boards at all work locations.
Observation of unsafe MOT practices by County Transportation personnel or Risk Management personnel will
be grounds for an order to cease work. The continuation of any unsafe MOT practices will be grounds to
terminate this contract.
1. All MOT shall be considered as incidental work and payment will be issued in accordance to Exhibit
B Price Schedule. No material, equipment, or labor shall be added to invoice costs for design, set-
up, take-down, or maintenance of proper MOT.
B. The Contractor shall be capable of providing field engineering and technical assistance as needed within the
term of this contract.
1. All project meetings, scheduled or unscheduled, field meetings, office work, and permit applications
preparation work shall be considered administrative overhead and incidental to contract work, and
shall be performed without billing.
C. All Work performed by the Contractor shall be in accordance with the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction (Latest Edition) and Minimum Specifications for
Traffic Control Signal Devices (Latest Edition), the Federal Highway Administration's Manual on Uniform Traffic
Control Devices, Latest Edition, and Collier County's Technical Special Provisions for Traffic Signal
Installations, Latest Edition. Collier County's Technical Special Provisions for traffic signal installations is
available upon request from the Traffic Operations Department, 239-252-8260 or On-line Web Site.
D. As a matter of public safety and liability, emergency service response time shall be adhered to strictly to
maintain a minimal level of County liability. Failure by the Contractor to provide expedient response as
outlined in Scope of Work/Notice to Proceed shall constitute contractual default.
E. The County reserves the right to undertake any Work outlined in these specifications by County forces or
by other contracts if such action is in the best interest of the County.
F. Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions
during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for
emergency repairs. No premium will be paid for night or weekend work.
G. The Contractor's Field Supervisor or Project Manager shall be available directly, without involvement of
office personnel or answering service, twenty four (24) hours per day seven (7) days per week with the Traffic
Operations Department during the term of this contract for the purpose of direct contact with the Traffic
Operations personnel.
Licenses: The Contractor shall possess the correct occupational licenses, all professional licenses or other
authorizations necessary to carry out and perform the Work required by the project pursuant to all applicable
Page -12- ��
Federal, State and Local Laws, Statutes, Ordinances, and rules and regulations of any kind. The Contractor
shall be licensed to operate within Collier County. Signal Technicians working inside the traffic signal controller
cabinet shall have a minimum of IMSA Traffic Signal Level II Certification.
Equipment: Aerial equipment must have a working height of sixty (60) feet. The Contractor must own and
have in good repair all equipment necessary to perform the described services in particular and the equipment
necessary to complete related tasks. Hourly rates will apply only when the equipment is in use at the job site.
Equipment Rental: In the event that additional, specialized and/or heavy equipment is needed, the user
department must be notified, in advance, for approval. The reimbursement of additional equipment expense
shall be at cost and will apply only while it is in use at the job site. The County reserves the right to request
documentation of the Contractor's cost and to withhold payments until documentation is provided.
Safety: All Contractors and subcontractors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall
be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
For all projects that require the Contractor to provide traffic control for work along roadways, the Contractor
shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are
available through the Risk Management or Traffic Operations Department.
Interference with Traffic: At all times conduct the Work in such manner and in such sequence as to ensure
the least practicable interference with traffic. Operate all vehicles and other equipment safely and without
hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along
the roadway so as to cause no obstruction to the traveling public as possible.
Contractor's Supervision: Give the Work the constant attention necessary to ensure the scheduled progress,
and cooperate fully with the Project Manager and/or his appointed assistant or representative and with other
contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while work is in
progress to act as the Contractor's agent. Provide a superintendent who is competent and capable of properly
interpreting the Work Documents and is thoroughly experienced in the type of Work being performed. Provide
a superintendent with the full authority to receive instructions from the Project Manager, including promptly
supplying any materials, tools, equipment, labor, and incidentals that may be required. Furnish such
superintendence regardless of the amount of work sublet.
Provide a superintendent who speaks and understands English, and maintain at least one (1) other
responsible person who speaks and understands English, on the project during all working hours.
Prices: Labor rates shall include all labor cost, insurance, overhead, profit, travel time, mileage and be
exclusive of taxes. All labor hours invoiced shall document the employee by name, the location of work, the
date and hours worked, and the task performed for each hour billed.
Storage of Items: On occasions throughout the contract term it may be necessary for the Contractor to store
items such as traffic signal poles & arms, foundation bolts, roadway lighting poles, arms, precast foundations,
and/or related traffic control structural components in the Contractor's material yard. This service will be
provided at no additional compensation.
Clean-Up: The Contractor shall be responsible for removing all debris from the work site and cleaning
affected work areas. Contractor shall keep the premises free of debris and unusable materials resulting from
their work and as work progresses, or upon request by the County's representative, shall remove such debris
Page -13- cA0
and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning
work (i.e. backfill trenches and replace sod).
Protection of Property: The Contractor shall make necessary repairs in such a manner that does not
damage property. In the event damage occurs to property by reason of any repairs or installations performed
under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage
caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be
deducted from the monies due the Contractor.
Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor
will be notified by the County and be given seven (7) calendar days to correct the Work. There will be no cost
to the County for the repair of unsatisfactory work.
Substitute Performance: In the event the Contractor fails to perform any required service within the time
schedule required under this contract, the County reserves the right to obtain substitute performance. Further,
the County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the Project
Manager or designee, in writing, prior to any delays or as a result of an Act of Nature.
Construction Inspection Requirements: All work performed under this contract shall be initiated and
completed within the contract time indicated on the Notice to Proceed provided for each work project, unless
otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations
Engineer or his designee.
Notifications and Inspection Requirements:
All Work performed under this Contract shall be initiated and completed within the Contract Time indicated on
the Collier County Notice to Proceed provided for each work project unless otherwise requested by the
Contractor in writing and approved by the Collier County Traffic Operations Engineer.
Collier County Traffic Operations Department Inspection Staff shall be notified in writing either via form letter
(To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail
(TrafficOps @colliergov.net) a minimum of seventy-two (72) hours prior to the commencement of jobs that
include overhead or underground work that will be conducted as part of construction or maintenance projects
within Collier County or State road rights-of-way within Collier County.
Collier County Traffic Operations Department Inspection Staff shall also be notified either via form letter or e-
mail a minimum of no later than noon the working day prior to any and all daily work to be performed
throughout the entire length of construction or maintenance projects. Any changes that necessitate the
rescheduling of work that has been previously scheduled shall be provided in writing via e-mail no later than
the morning that it was to be performed.
Collier County Traffic Operation Department Inspection Staff has the full authority to shut down any and all
overhead or underground work that has failed to comply with the aforementioned requisites.
Request for acceptance inspection shall be submitted a minimum of forty-eight (48) hours in advance of the
requested inspection time.
Upon inspection and acceptance of contract Work, the Contractor shall submit an acceptance letter with their
invoice for payment, along with a detailed Materials List and a copy of Personnel Time Sheet(s) for items not
covered by in Exhibit B Price Schedule, along with pertinent As-Built Plans.
Be advised that Collier County Traffic Operations reserves the right to refuse payment for any, and/or
all work performed without advance notification for inspection being provided either via e-mail, written
Page -14-
correspondence, or by some other means of tangible evidence. Further, Collier County Traffic
Operations also reserves the right to require excavation and/or exposure of any, and/or all work
performed when advance notification was not provided/received by Collier County Inspection Staff as
previously indicated, or underground work has been backfilled, and not staked prior to being seen by
Collier County Inspection Staff, or Collier County Inspection Staff has any reason to suspect, and/or
believe that the underground work may not have been installed per the aforementioned standards,
specifications, requirements, etc. No additional payment for such exploratory excavation(s) will be
paid.
Contractor Employee Requirements: All personnel supplied by the Contractor for this Contract shall be
either:
1. Employees of the Contractor, that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE
SHALL BE UTILIZED BY THE CONTRACTOR FOR THIS CONTRACT, or
2. Subcontractors, licensed in Collier County to perform the work intended. The use of any and all
sub-contractors will require specific written permission of the Traffic Operation Engineer in
advance of their work.
Emergency traffic signal and/or roadway lighting repair, trouble shooting, communications system repair, or
work shall be paid pursuant to Exhibit B Price Schedule. The County is to reimburse the Contractor for
incidental materials as may be required. The Contractor is to be available twenty-four (24) hours per day,
three hundred sixty five (365) days per year.
Page -15-
Exhibit B
Price Schedule
14-6229 Installation and Maintenance of Traffic Signals and Roadway Lighting
Item Description Cost
No.
Labor: Routine Maintenance & Repair Supervisor $ 65.00 per man hour*
1 Signal Technician Level II $ 60.00 per man hour *
Signal Technician Level I $ 60.00 per man hour *
Laborer $ 55.00 per man hour
Heavy Equipment: Bucket Truck, Line $ 60.00 operating hour per unit
(see note 1) Truck, Auger, etc.
2 Crane: 12%Ton $ 110.00 operating hour per unit
35 Ton $ 250.00 operating hour per unit
Rock Auger/Pressure Digger $ 200.00 operating hour per unit
Minor Equipment: Air Compressor, $ 18.00 operating hour per unit
3. (see note 1) Generator, Concrete Saw, etc.
Material Mark-up: Cost plus 15 % (fifteen percent)
4 (For Traffic Signal Components, Mast Arm Paint &
Paint Supplies and Roadway Lighting Components, etc.)
Sub-Contractor Services: Cost plus 7.50 % (seven and %
5. (Directional Boring, Concrete Sidewalk, etc.) percent)
*All labor rates for emergency callouts will be at the rate of one hundred fifty percent (150%) of the normal flat
labor rates as noted above for the first four (4) hours.
NOTES:
1. Equipment in Items 3 and 4 from above shall be invoiced only for the actual hours of operation, and will
not be charged for travel time or idle time on the job. Invoices must document the days and hours of
operation.
2. Proper MOT is incidental to maintenance and repair work. No charges shall be invoiced for the use of
cones, barricades, warning signs, flags, arrow boards, trucks to pull arrow boards, etc.
3. Vehicles used to transport personnel shall be considered as a cost of labor and shall be included in the
price for labor.
4. All labor hours invoiced shall document the employee by name, the location of work, the date and hours
worked, and the task performed for each hour billed.
No travel time shall be billed to and from the job site. Only hours while working on job site shall be
billed.
Page -16-
DATE`MMMDD"YyY,AR°f CERTIFICATE OF LIABILITY INSURANCE
x/4/2014
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
NAME
C
(A/,No,4 4 FAX
1-800-277-1620 x4800(AC .... 727-797-0704
Est,: (AC,Nok:
E-MAIL
FRANKCRUM INSURANCE AGENCY:INC. ADORERS' _
100 S.MISSOURI AVE. INSURER(S)AFFORDING COVERAGE NAIC#
CLEARWATER FL 33756
INSURER A. FRANK WINSTON CRUM INSURANCE CO.
11600
INSURED INSURER 6:
INSURER C:
FrankCrum 1-800-277-1620 INSURER 0:
100 S MISSOURI AVENUE INSURER E:
CLEARWATER FL 33756 INSURER E
COVERAGES CERTIFICATE NUMBER: 247758 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,
u:sa TYPE OF INSURANCE ADDL SUER f POLICY EFF POLICY E%P LIMITS
LTR POLICY NUMBER
INSR MD I (Mt.":(00/YYYY) (MM/DD/YYYY)
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ANY AUTO I BODILY INJURY Per pens r) $
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OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH)
f yes,descn3e under E.L.DISEASE-EA EMPLOYEE $1,000,000
DESCRIPTION OF OPERATIONS below
E.L.DISEASE-POLICY LIM:T $1,000,000
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
EFFECTIVE 09/12/2009,COVERAGE IS FOR 100%OF THE EMPLOYEES OF FRANKCRUM LEASED TO SOUTHERN SIGNAL&LIGHTING,INC.(CLIENT)FOR WHOM
THE CLIENT IS REPORTING HOURS TO FRANKCRUM,COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES.RE:Contract#14-6229-Installation&
Maintenance of Traffic Signals&Roadway Lighting.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Collier County Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Evelyn Colon
3327 E Tamiami Trail AUTHORIZED REPRESENTATIVE
Naples,FL 34112 �.
E01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 12010/05) The ACORD name and logo are registered marks of ACORD
...--•.4 8
AWR f.) CERTIFICATE OF LIABILITY INSURANCE DATE IMINDONYYT)
06/04/2014
...
THIS CERTIFICATE IS ISSUED AS A MA i I eR 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(ies)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 endorsemen s.
:PRODUCER CONTACT
NAME: Terry Hobbick
PHONE FAX
WhitCo Insurance Agency LLC I iNg.to. 727-842-9555 [
7127 US 19 North E-MAIL
ADDREss, terryewhitcoineurance.com
New Port Richey,FL 34652 fusu eENSIAFFORDING COVERAGE ,
NAIC A
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INSURED
risueEe ii. Progressive American NA1C#24252 10193
SOUTHERN SIGNAL AND LIGHTING INSURER C
P.O. BOX 5142 losuRreo,
HUDSON,FL 34674 IksuREnE: ....._.. ...____. .._..
INSURER F,
...._
COVERAGES CERTIFICATE NUMBER: 00007395-642589 REVISION NUMBER: 2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 7
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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.
PISA, SUOR: --trOmIXF0f-I POLICY EXP - ... .. .....
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A GENERAL LJABIUTY
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Collier County Board of County Commissioners is listed as Additional Insured for General Liability Only.
Contract A 14-6229-Installation&Maintenance of Traffic Signals&Roadway Lighting
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE MALL BE DEUVERED IN
Collier County Board of County Commissioners
ACCORDANCE • ../1-1E POUCY PRovisioNs.
3327 East Tamiami Trail
Attn:Evelyn Colon ,
NAPLES,FL 34112 AUTH., • RE, , , ..,
....
— (TAH) t
/* -, (ID'I '".' .A110 AC v'0 CORPORATION. All rights reserved.
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ACORD 25(2010105) The ACORD name and logo are r= istered marks o , • ;0
Printed by TAH on June 04,2014 at 03:26PIM