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Backup Documents 06/10/2014 Item #16A17 (Simmons Electrical) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG1UTthiRlt, Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk , / I ,/`_I �( t 2. County Attorney Office County Attorney Office , , 6 )f71l 3. BCC Office Board of County Commissioners \ 4. Minutes and Records Clerk of Court's Office 316 (oS2i 1-B Return to Purchasing Department Purchasing Retu g artment p g Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart Phone Number 252-8375 Purchasing Staff June 10,2014 Contact and Date Agenda Date Item was June 10,2014✓ Agenda Item Number I6.A.17{/ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 14-6229 Simmonds number if document is NumberNendor Name Electrical to be recorded 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 signature? DD 2. Does the document need to be sent to another agency for additional signatures? 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 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 N/A 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 DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County 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 e Chairman's signature. 161 ? MEMORANDUM Date: June 16, 2014 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #14-6229 for Traffic Signal and Roadway Lighting Installation and Maintenance on an as needed basis Secondary Contractor: Simmonds Electrical of Naples, Inc. Attached is an original copy of the contract referenced above, (Item #16A17) approved by the Board of County Commissioners on Tuesday, June 10, 2014. The second original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16A1 / AGREEMENT 14-6229 For Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT is made and entered into this 10+h day of d ham , 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 Simmonds Electrical of Naples, Inc., as the Secondary Contractor, authorized to do business in the State of Florida, whose business address is 8981 Quality Road, Unit 1, Bonita Springs, Florida 34135-7000 (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. (A Page -1- ■ a . •• 16 A 17 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: Simmonds Electrical of Naples, Inc. 8981 Quality Road, Unit 1 Bonita Springs, Florida 34135-7000 Attention: E.B. Simmonds, President Phone: 239-643-2770 Facsimile: 239-643-6873 Email: BernieAsimmondselectricalofnaples.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 a Page -2- 1ÔA 1 17 such permits issued by the County shall be processed internally by the County. Contractor is not 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. Page -3- (49 16A17 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. 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. CP,') Page -4- 16A 17 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 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 Page -5- `'. 16A1 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. 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 Page -6- �f' 16A 17 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, 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. i Page -7- 16A17 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. 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. Page -8- 16A 17 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. 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. Page -9- 16A17 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. ********************************* Remainder of page intentionally left blank ******************************** Page -10- 16A17 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 of Courts / I„ By IlL4 u s:it� :'' By: ■ I ■ 1,, Tom Henning, C �rman Dated, Alga( ,. %:/.v Sea , * Attest astthan s m signature only: Simmonds zlectrical of Naples, Inc. Contractor f By: /,A 4111". First Witness Signature Susan Daniels E. B. Simmonds /Typee/Print Witness Name Typed Signature '1' . ik Sit lc_. President ,l Second Witness Title Kim M. Sasak Type/Print Witness Name Appr ed s to for"angl legalit : ,iy I/4 L ‘of' A.ss+stan4 County Attorney 1 µy Item# 1(eA-t1 Agenda Date -1D-114 Date 3__ Rec'd I, , _ _ii 1- leputy /1 Page -11- �r 17 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. Page -12- 16A 1 ? 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 -13- fr,r, LL_ 16417 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 -14- 16A 17 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(a 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 -15- 1 6 E 1 7 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 -16- 16A17 i Exhibit B Price Schedule 14-6229 Installation and Maintenance of Traffic Signals and Roadway Lighting Item Description Cost No. Labor: Routine Maintenance & Repair Supervisor $ 55.00 per man hour* 1 Signal Technician Level II $ 55.00 per man hour* Signal Technician Level I $ 55.00 per man hour* Laborer $ 55.00 per man hour Heavy Equipment: Bucket Truck, Line $ 85.00 operating hour per unit (see note 1) Truck, Auger, etc. 2 Crane: 12%Ton $ 100.00 operating hour per unit 35 Ton $ 150.00 operating hour per unit Rock Auger/Pressure Digger $ 150.00 operating hour per unit Minor Equipment: Air Compressor, $ 10.00 operating hour per unit 3. (see note 1) Generator, Concrete Saw, etc. Material Mark-up: Cost plus 10 % (ten percent) 4 (For Traffic Signal Components, Mast Arm Paint & Paint Supplies and Roadway Lighting Components, etc.) Sub-Contractor Services: Cost plus 10 % (ten percent) 5. (Directional Boring, Concrete Sidewalk, etc.) *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 lob site. Only hours while working on lob site shall be billed. c:() Page -17- Client#: 68749 SIMEL1 6 A , D TE M/DD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 6/21/2013 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(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 endorsement(s). PRODUCER CONTACT NAME: Pamela Parra Gulfshore Insurance-Naples PHONE 239.430.7546 FAX 239.213.2830 (A/C,No,Ext): (A/C,No): 4100 Goodlette Road North E-MAIL ADDRESS: pparra@gulfshoreinsurance.com Naples,FL 34103-3303 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURERA:National Trust Insurance Compan INSURED INSURER B:FCCI Insurance Company Simmonds Electrical of Naples,Inc. INSURER C: 3750 Enterprrise Ave#300 INSURER D: Naples,FL 34104-3659 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY)EXP A GENERAL LIABILITY GL0013851 06/30/2013 06/30/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X PD Ded:500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PECOT- LOC $ A AUTOMOBILE LIABILITY CA0021373 06/30/2013 06/30/2014 CEa aOMBIccidenNED t)SINGLE LIMIT _$1,000,000 ( X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ A x UMBRELLA LIAB X OCCUR UMB00145571 06/30/2013 06/30/2014 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10,000 $ B WORKERS COMPENSATION 001 WC13A68718 06/30/2013 06/30/2014 X TO RY Y LIMIT S OTH- AND EMPLOYERS'LIABILITY TO LIMIT ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate is valid for any and all work performed on behalf of Collier County. Certificate Holder is named as Additional Insured on a primary&non-contributory basis with respects to General Liability only as needed by contract per CGL088 0710,which includes Waiver of Subrogation. Includes ongoing and completed operations.Additional Insured in favor of the Certificate Holder with respects to Automobile Liability per form CA0003FL 1208.Waiver of Subrogation under Workers Compensation in (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y o THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples, FL 34112-5746 AUTHORIZED REPRESENTATIVE q�� ��L. ll)a ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S659167/M659007 PPA DESCRIPTIONS (Continued from Page 1) 1 6 A 1 f favor of Certificate Holder as needed by contract per WC000313 0484.The Umbrella extends the limits of the General Liability,Automobile Liability,and Employers Liability. SAGITTA 25.3(2010/05) 2 of 2 #S659167/M659007