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Backup Documents 10/11/2016 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS S . , '=t 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FO S gt-19E Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarde lke� nt orney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the C 1iyy tbbll-n ice no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP RisC Mnaemenii Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already co plete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Risk Management cqw/ 43-)1, 2. County Attorney Office County Attorney Office aht,P-11, 3. BCC Office Board of County Commissioners \iSA/ tz\ u4� 4. Minutes and Records Clerk of Court's Office 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Brenda Brilhart,Procurement Strategist Phone Number 239-252-8446 Procurement Staff 12-9-16 Contact and Date Agenda Date Item was 10/11/16 / Agenda Item Number 16A14 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6661"Signal Priority number if document is Number/Company Preemption Expansion to be recorded Name Project , 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? 3vorc c* 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 SH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 9//6 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 SH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made SH 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 the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 A, 1 4 MEMORANDUM Date: December 16, 2016 To: Brenda Brilhart, Purchasing Agent Procurement Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #16-6661 "Signal Priority Preemption Expansion Project" Contractor: Traffic Control Devices, Inc. Attached is one (1) original contract, referenced above (Item #16A14) approved by the Board of County Commissioners on Tuesday, December 13, 2016. The second original contract will be held in the Minutes and Records Department for the Board's official record. If you should have any questions, please contact me at 252-8411 Thank you. 16 A 14 collier County Administrative Services Department Procurement Services Division Signal Priority Preemption Expansion Project GRANT FUNDED (JPA) COLLIER COUNTY BID NO. 16-6661 COLLIER COUNTY, FLORIDA Brenda Brilhart, Procurement Strategist Email: brendabrilhart@colliergov.net Telephone: (239) 252 - 8846 FAX: (239) 252 - 6697 Design Professional: Anthony Khawaja, P.E. Collier County Growth Management Department Procurement Services Division•3327 Tan iami Trail East•Naples.Florida 34112-4901•239-2528407•www.colliergov.neltprocurementsenices 1 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 TABLE OF CONTENTS Ai4 PUBLIC NOTICE 3 PART B-INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 11 BID SCHEDULE 12 MATERIAL MANUFACTURERS 13 LIST OF MAJOR SUBCONTRACTORS 14 STATEMENT OF EXPERIENCE OF BIDDER 15 TRENCH SAFETY ACT 16 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 17 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 18 BID BOND 22 BIDDERS CHECK LIST 23 CONSTRUCTION AGREEMENT 24 EXHIBIT A 1: PUBLIC PAYMENT BOND 31 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 34 EXHIBIT B: INSURANCE REQUIREMENTS 37 INSURANCE AND BONDING REQUIREMENTS 39 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 41 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 43 EXHIBIT E: CHANGE ORDER 44 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 45 EXHIBIT G: FINAL PAYMENT CHECKLIST 47 EXHIBIT H: GENERAL TERMS AND CONDITIONS 48 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 74 EXHIBIT J: TECHNICAL SPECIFICATIONS 75 EXHIBIT K: PERMITS 76 EXHIBIT L: STANDARD DETAILS 77 EXHIBIT M: PLANS AND SPECIFICATIONS 78 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 79 2 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 Collier County Administrative Services Department Procurement Services Division PUBLIC NOTICE INVITATION TO BID Signal Priority Preemption Expansion Project COUNTY BID NO. 16-6661 Separate sealed bids for the construction of Signal Priority Preemption Expansion Project, addressed to Ms. Allison Kearns, Interim Director, Procurement Services, will be received at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 26th day of July 2016, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $760,000. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, at 3:30 p.m. LOCAL TIME on the 8th day of July, 2016, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Signal Priority Preemption Expansion Project, Bid No. 16-6661 and Bid Date of July 26, 2016. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. In order to be considered for award, the Bidder must be a FDOT Prequalified Contractor in the following work class: Specialty Class --Traffic Signals. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance 3 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 1 6 1 4 A company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within five hundred fifteen (515) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 27th day of June, 2016. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Allison Kearns Interim Director, Procurement Services Division 4 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 16A14 PART B- INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 11 — 23 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to 5 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 rF F A h'fw herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the 6 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 16A14 opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Procurement Services Division, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. 7 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 16 A14 Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current Procurement Ordinance and policies. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement professional of the Owner's Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Procurement Services Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Procurement Ordinance and policies. A copy of the Procurement Ordinance and policies is available at http://www.colliergov.net/Index.aspx?page=762. 8 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 16A14 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes 9 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 161414 by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 10 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 A CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Signal Priority Preemption Expansion Project BID NO. 16-6661 Full Name of Bidder ` C( � C, GO(1�C atAa NJ . wk c(n- C1v+� Main Business Address k\- ifY\al `VC i fly). F t— 1)D:14 - Place of Business Telephone No.\O1 .c&S)g Cj QTh ` Fax No.kO`1 . tow.00-1 L2 State Contractor's License# C L \b carp& ?) State of Florida Certificate of Authority Document Number �_)q� �M Federal Tax Identification Number ��-�— DUNS#DI.3 lD O•LH CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 11 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 16414 BID SCHEDULE Signal Priority Preemption Expansion Project Bid No. 16-6661 Bid Schedule Provided in Separate File 12 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 16A14 14 PM: Randy Ensell ITB 16-6661 Notices:2,488 PS: Brenda Brilhart Signal Priority Preemption Expansion Project Pkgs Downloaded: 40 Bids: 3 Traffic Control Devices,Inc. Altamonte Springs PAY ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL 1 102-2 Maintenance of Traffic(MOT) LS 1 $ 75,000.00 $ 75,000.00 2 630-2-12 Conduit(Directional Bore) LF 4000 $ 25.00 $ 100,000.00 3 635-2-11 Pull Box(F&I) EA 80 $ 900.00 $ 72,000.00 4 663-1-110 Signal Preemption,F&I,Optical,Complete System EA 49 $ 10,375.00 $ 508,375.00 5 663-1-500 Signal Preemption(Adjust/Modify) EA 14 $ 4,775.00 $ 66,850.00 TOTAL BASE BID $ 822,225.00 Reduced the projects of 10 intersections $ 86,950.00 Award Amount(see attached schedule of values) $ 735,275.00 Bid Forms: FDOT Prequalification-Traffic Signals Y Material Manufacturers Y Subcontractors Y Statement of Experience Y Trench Safety Y Immigration Affidavit/MOU or Profile Page Y/Y W-9 Y Bid Bond Y Granting Agency Forms: Debarment/Suspension Y General Grant Clauses Y Brenda Brilhart,Procurement Strategist 7/26/2016 Camille,Shim-Marinos,Witness 6 A 1 4 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section AOR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company; , VATA C \0 1.0 _ \ V\01 '1/4-Nj 1n Signatu- ,, Date:` taL.0 1tLC) Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. -- 4. 5. Please insert additional pages as necessary. Company: Signature: Date: 13 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 2. 644 14 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Subcontractor and Address Work 1. Electrical . ck'40 2. Mechanical NJLI 3. Plumbing N/P 4. Site Work 1(A 5. Identify other NO( subcontractors that represent more than 10% of price or that affect the critical path of the schedule 1gam 1 C� -c 3\ V' Ito „ , \IMC Signature: �1 Date-El w 1 Oi o daft- 8 , / V Prr �aL 14 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 164 _I STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. . attiached 2. 3. 4. 5. 6. Com ny: TC ` _' Oa-W-0 1 OfeN. n Signature: ' r 1 • Date: 1� ,(1 11( C) J // ►t ' d oci1 v►c r 5 td.ertk 15 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 16A14 Traub Control Devices.Inc. 9/14/15 Listing of Completed Traffic Sgnaltra9on Contracts last 5 Years Revised Contract Job Description Address 2 State Job Number Job Type Name Address 1 Address 2 City State Zip Code 4,863,368 SIGNALIZATIONBTS ORANGE COUNTY FL 09018 SUB LANE CONSTRUCTION CORP 2601 MAITLAND CENTER PARKWAY MAITLAND FL 32751 1,841,814 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 09053 SUB JR DAVIS CONSTRUCTION COMPANY 210 SOUTH HOAGLAND BLVD KISSIMMEE FL 34741 1,188,760 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 09073 SUB KRAFT CONSTRUCTION COMPANY INC 2511 TRAFALGAR BLVD. KISSIMMEE FL 34758 1.085395 SIGNALIZATIONEELECTRICAL OSCEOLA COUNTY FL 10001 SUB BALFOUR BEATTY CONST LLC 4651 RUMMELL ROAD ST.CLOUD FL 34771 874,000 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 10011 SUB JOHNSON BROS CORPORATION P O BOX 586 5476 LITHIA PINECREST ROAD LITHIA FL 33547 144,866 TRAFFICSIGNALIZATION VOLUSIA COUNTY FL 10020 SUB HALIFAX PAVING INC PO BOX 730549 ORMOND BEACH FL 32173-0549 393,630 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 10023 SUB THE BRIAR TEAM LLC 4570 ORANGE BLVD SANFORD FL 32771 92,257 SIGNAL MODIFICATION ORANGE COUNTY FL 10032 SUB JMIC INC 2170 SR 434 STE 130 LONGWOOD FL 32779 81.922 TRAFFIC SIGNALIZATION MAMI-RADE COUNTY FL 10040 SUB BUDGET CONSTRUCTION CO INC 9980 NW 116111 Way Suite 6 MIAMI FL 33178 155.757 TRAFFIC SIGNALIZATION VOLUSIA COUNTY FL 10044 SUB HALIFAX PAVING INC P 0 BOX 730549 ORMOND BEACH FL 32173-0549 165.769 TRAFFIC SIGNALIZATKON ORANGE COUNTY FL 10048 SUB MORTON ELECTRIC INC 3625 WEST 1ST STREET SANFORD FL 32771 447,610 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 10058 SUB CLANCY&TREYS CONSTRUCTION CO 7308 GREENBRIAR PARKWAY ORLANDO FL 32819 252,936 TRAFFIC SIGNALIZATION LAKE COUNTY FL 10085 PRIME LAKE COUNTY PROCUREMENT SERVIC 28127 CR 561 TAVARES FL 32778-7800 152,034 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 10066 SUB DEWITT EXCAVATING INC 14463 W COLONIAL DRIVE WINTER GARDEN FL 34787 169,388 SIGNALIZATION ORANGE COUNTY FL 10067 SUB THE BRIAR TEAM LLC 4570 ORANGE BLVD SANFORD FL 32771 339,432 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 11013 SUB TURNER CONSTRUCTION COMPANY ATTN:JON ANDERSON 800 NORTH MAGNOLIA AVENUE ORLANDO FL 32803 59,729 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 11015 SUB SOUTHERN DEVELOPMENTSCONSTRUC 658 LAKE MILLS RD CHULUOTA FL 32766 351,460 TRAFFIC SIGNALIZATION LAKE COUNTY FL 11019 SUB DEWITT EXCAVATING INC 14463W COLONIAL DRIVE WINTER GARDEN FL 34787 194,312 TRAFFIC SIGNALIZATION VOLUSIA COUNTY FL 11021 PRIME CITY OF PORT ORANGE 1000 CITY CENTER CIRCLE PORT ORANGE FL 32129-9616 801,122 TRAFFIC SIGNALIZATION VOLUSIA COUNTY FL 11022 PRIME FLORIDA DEPT OF TRANSPORTATION 7195 WOODLAND BLVD DELAND FL 32720-6800 88,899 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 11026 SUB FIRST BUILDERS LLC 1955 WESTMONTE DRIVE SUITE 1122 ALTAMONTE SPRINGS FL 32714 6,024,504 TRAFFIC SIGNALIZATION SEMINOLE COUNTY FL 11034 SUB RANGER CONSTRUCTION IND INC 1200 ELBOC WAY WINTER GARDEN FL 34787 206,520 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 11038 SUB ORLANDO ROCK B SEALING CORP 9530 SIDNEY HAYES ROAD ORLANDO FL 32824 202,459 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 11042 PRIME CENTRAL FLORIDA RESEARCH PARK 12424 RESEARCH PKWY,STE 100 ORLANDO FL 32826 213,880 TRAFFIC SIGNALIZATION UNION COUNTY FL 11049 PRIME FLORIDA DEPT OF TRANSPORTATION 11095 MARION AVENUE LAKE CITY FL 32025-5874 2618,621 TRAFFIC SIGNALIZATION POLO COUNTY FL 12013 PRIME FLORIDA DEPT OF TRANSPORTATION P 0 BOX 1249 BARTOW FL 33831-1249 179,334 SIGNING&SIGNALIZATION ORANGE COUNTY FL 12016 SUB MIDDLESEX CORPORATION ONE SPECTACLE POND ROAD LITTLETON MA 01460 71,266 TRAFFIC SIGNALIZATION PUTNAM COUNTY FL 12019 SUB HALIFAX PAVING INC P 0 BOX 730549 ORMOND BEACH FL 321730549 113,220 TRAFFIC SIGNALIZATION VOLUSIA COUNTY FL 12020 SUB HALIFAX PAVING INC P 0 BOX 730549 ORMOND BEACH FL 32173-0549 149,633 INTERSECTION IMPROVEMENT VOLUSIA COUNTY FL 12021 SUB MASCI CORPORATION 57520 RIOGEWO00 AVE PORT ORANGE FL 32127 64,286 TRAFFIC SIGNALIZATION PUTNAM COUNTY FL 12027 SUB HALIFAX PAVING INC P 0 BOX 730549 ORMOND BEACH FL 32173-0549 1,025,422 MAST ARM REPLACEMENT SARASOTA COUNTY FL 12032 PRIME FLORIDA DEPT OF TRANSPORTATION DISTRICT ONE PROCUREMENT OFFIC 801 NORTH BROADWAY AVENUE BARTOW FL 33830 144,580 TRAFFIC SIGNAL12ATION LEE COUNTY FL 12039 SUB AJAX PAVING IND OF FL,LLC 510 GENE GREEN ROAD NOKOMIS FL 342753624 193,400 TRAFFICSIGNALIZATION CITRUS COUNTY FL 12045 SUB CROFT CONTRACTING POBOX1594 INVERNESS FL 34451 170,418 SIGNALIZATION PALM BEACH COUNTY FL 12047 SUB RANGER CONSTRUCTION IND INC 1200 ELBOC WAY WINTER GARDEN FL 34787 163,934 INTERSECTION IMPROVEMENT BREVARD COUNTY FL 12048 SUB JOYAL ENTERPRISES INC 2800 AURORA RD.STE A MELBOURNE FL 32935 172,241 SIGNALIZATION IMPROVEMENT ST JOHNS COUNTY FL 12049 PRIME STJOHNS COUNTY BOCC 4020 LEWIS SPEEDWAY ST AUGUSTINE FL 32084 127,977 SIGNING B SIGNALIZATION INDIAN RIVER COUNTY FL 12050 SUB RANGER CONSTRUCTION IND INC 1200 ELBOC WAY WINTER GARDEN FL 34787 408,519 TRAFFIC SIGNALIZATION ST LUCIE COUNTY FL 12067 SUB RANGER CONSTRUCTION IND INC 1200 ELBOC WAY WINTER GARDEN FL 34787 79,443 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 12071 SUB JR DAVIS CONSTRUCTION COMPANY 210 SOUTH HOAGLAND BLVD KISSIMMEE FL 34741 290,445 TRAFFICSIGNALIZATION ORANGE COUNTY FL 12072 SUB DEWITT EXCAVATING INC 14463W COLONIAL DRIVE WINTER GARDEN FL 34787 89,274 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 12074 SUB MIDDLESEX CORPORATION ONE SPECTACLE POND ROAD LITTLETON MA 01460 225,950 TRAFFIC SIGNALIZATION INDIAN RIVER COUNTY FL 12075 SUB BREWER PAVING&DEVELOPMENT 3190 GRISSOM PARKWAY COCOA FL 32926 129,000 TRAFFIC SIGNAUZATION BREVARD COUNTY FL 12079 SUB MC DEAN INC 22481 SHAW RD DULLES VA 20166 574259 TRAFFIC SIGNAUZATION BREVARD COUNTY FL 12080 SUB RANGER CONSTRUCTION IND INC 1200 ELBOC WAY WINTER GARDEN FL 34787 267277 TRAFFIC SIGNALIZATION VOLUSIA COUNTY FL 12081 SUB HALIFAX PAVING INC P 0 BOX 730549 ORMOND BEACH FL 321730549 145,690 TRAFFIC SIGNALIZATION POLK COUNTY FL 12084 SUB JML LAND LLC 101 SPANISH MOSS ROAD DAVENPORT FL 33837 101,483 TRAFFIC SIGNALIZATION PALM BEACH COUNTY FL 12088 SUB WEEIO.EY ASPHALT PAVING INC 20701 STIRLING ROAD PEMBROKE PINES FL 33332 171,734 TRAFFIC SIGNAL DESIGN BROWARD COUNTY FL 12008 PRIME CITY OF WESTON 17200 ROYAL PALM BLVD WESTON FL 33326 1,778,940 TRAFFIC SIGNAL CONTROL SARASOTA COUNTY FL 12089 PRIME SARASOTA COUNTY PUBLIC WORKS ROBIN LEVAR 1001 SARASOTA CENTER BLVD SARASOTA FL 34240 103,179 TRAFFIC SIGNALIZATION VOLUSIA COUNTY FL 13012 SUB PSS PAVING INC 3701 OLSON DRIVE DAYTONA BEACH FL 32124 179,987 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13018 SUB DEWITT EXCAVATING INC 14463W COLONIAL DRIVE WINTER GARDEN FL 34787 878.137 TRAFFIC SIGNAUZATION VOLUSIA COUNTY FL 13019 PRIME FLORIDA DEPT OF TRANSPORTATION 7195 WOODLAND BLVD DELAND FL 32720.6800 191.000 SIGNALIZATION ORANGE COUNTY FL 13021 SUB DEWITT EXCAVATING INC 14483W COLONIAL DRIVE WINTER GARDEN FL 34787 548,911 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13025 SUB JOHNSON BROS CORPORATION P 0130X 588 5476 LITHIA PINECREST ROAD LITHIA FL 33547 831.494 TRAFFIC SIGNALIZATION BREVARD COUNTY FL 13029 PRIME FLORIDA DEPT OF TRANSPORTATION 7193 WOODLAND BLVD DELAND FL 32720.6800 304.781 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13033 PRIME MYRTLE CREEK IMPROVEMENT DIST 12051 CORPORATE BLVD ORLANDO FL 32817 102,745 TRAFFIC SIGNALIZATION LAKE COUNTY FL 13036 SUB ATLANTIC CIVIL CONSTRUCTORS CO 7575 KINGSPOINTE PKWY,STE 12A ORLANDO FL 32819 162,550 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 13037 PRIME CITY OF KISSIMMEE TRAFFIC DIVISION KISSIMMEE FL 142.182 TRAFFIC SIGNALIZATION SARASOTA COUNTY FL 13040 SUB GATOR GRADING&PAVING LLC 2704 105Th ST EAST PALMETTO FL 34221 1248,543 SIGNAL HANGER RETROFIT PALM BEACH COUNTY FL 13045 PRIME FLORIDA DEPT OF TRANSPORTATION 3400 W COMMERCIAL BLVD FT LAUDERDALE FL 33309-3421 172,041 TRAFFIC SIGNALIZATION BREVARD COUNTY FL 13047 PRIM_ FLORIDA DEPT OF TRANSPORTATION 719 S WOODLAND BLVD DELAND FL 32720-6600 603,496 SIGNAL FIBER NETWORK COLLIER COUNTY FL 13050 PRIME COLLIER COUNTY 3327 TAMIAM TRAIL EAST NAPLES FL 341124901 88.818 TRAFFIC SIGNAUZATION VOLUSIA COUNTY FL 13054 SUB MASCI CORPORATION 5752 S RIDGEW000 AVE PORT ORANGE FL 32127 200,335 TRAFFIC SIGNAUZATION ORANGE COUNTY FL 13057 SUB JAMES A CUMAINGS INC 3575 NORTHWEST 53RD STREET FORT LAUDERDALE FL 33309 282,064 TRAFFIC SIGNAUZATION ' ORANGE COUNTY FL 13062 PRIME SPRING ISLE C,LLC 401 FERGUSON DRIVE ORLANDO FL 32805 245,079 TRAFFIC SIGNAIJZATION BREVARD COUNTY FL 13064 5U8 BREWER PAVING 6 DEVELOPMENT 3190 GRISSOM PARKWAY COCOA FL 32928 273,964 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13068 PRIME GREENEWAY IMPROVEMENT DISTRICT 0/O DONALD W MCINTOSH ASSOC 2100 PARK AVE NORTH WINTER PARK FL 32789-2355 248,503 TRAFFIC SIGNALIZATION BREVARD COUNTY FL 14016 PRIME CITY OF MELBOURNE FINANCIAL SERVICES DEPT 900 E STRAWBRIDGE AVENUE MELBOURNE FL 32901 255,969 TRAFFIC SIGNAUZATION NASSAU,DUVAL 6 ST JOHNS FL 14017 PRIME FLORIDA DEPT OF TRANSPORTATION 1109 0 MARION AVENUE LAKE CRY FL 32025-5874 103,532 TRAFFIC SIGNALIZATION OSCEOLA COUNTY FL 14024 SUB ATLANTIC CIVIL CONSTRUCTORS CO 7575 KINGSPOINTE PKWY,STE 12A ORLANDO FL 32819 130,143 TOWN CENTER BLVD&HUNTERS ORANGE COUNTY FL 12001012 PRIME ORANGE COUNTY BCC FISCAL&OPERATIONAL SUPPORT 4200 3 JOHN YOUNG PARKWAY ORLANDO FL 32839-9205 92,444 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 12001015 PRIME ORANGE COUNTY BCC FISCAL&OPERATIONAL SUPPORT 4200 S JOHN YOUNG PARKWAY ORLANDO FL 32839-9205 149.401 TRAFFIC SIGNALIZATION SEMINOLE COUNTY FL 12004017 PRIME SEMINOLE COUNTY BCC FINANCE DEPT ATTN M9ADDY PO BOX 8080 SANFORD FL 32772-0869 Page 1 of 2 4 �£ 4 Traffic Control Devices,Inc. 9114115 Listing of Completed Traffic Signalization Contracts last 5 Years Revised Contract Job Description Address 2 State Job Number Job Type Name Address 1 Address 2 City State ZI Code $ 99.753 TRAFFIC SIGNALIZATION SEMINOLE COUNTY FL 12004021 PRIME SEMINOLE COUNTY BCC FINANCE DEPT ATTN MADDY PO BOX 8080 SANFORD FL 32772-0869 $ 61,637 TRAFFIC SIGNAL MAINT SEMINOLE COUNTY FL 12004042 PRIME SEMINOLE COUNTY BCC FINANCE DEPT ATTN MOODY P O BOX 8080 SANFORD FL 32772-0569 $ 214,831 TRAFFIC SIGNALIZATION VOLUSIA COUNTY FL 12005014 PRIME COUNTY OF VOLUSIA TRAFFIC ENGINEERING 123 W.INDIANA AVE,4T11 FLOOR DELAND FL 32720 E 55655 INTERSECTION IMPROVEMENT VOLUSIA COUNTY FL 12006011 SUB MASCI CORPORATION 57525 RIDGEWO00 AVE PORT ORANGE FL 32127 f 62,573 TAYLOR RD 61-95 VOLUSIA COUNTY FL 12006013 SUB HALIFAX PAVING INC P O BOX 730549 ORMOND BEACH FL 32173-0549 $ 57,185 SIGNAL MODIFICATION VOLUSIA COUNTY FL 12006043 SUB ALLSTATE PAVING INC 5284 PATCH ROAD ORLANDO FL 32822 $ 92.105 TRAFFIC SIGNALIZATION OKEECHOBEE COUNTY FL 12005001 PRIME FLORIDA DEPT OF TRANSPORTATION P 0 BOX 1249 BARTOW FL 33831-1249 $ 93491 TRAFFIC SIGNALIZATION POLK COUNTY FL 12085008 PRIME FLORIDA DEPT OF TRANSPORTATION P 0 BOX 1249 BARTOW FL 33831-1249 $ 135,067 TRAFFIC SIGNALIZATION POLK COUNTY FL 12085009 PRIME FLORIDA DEPT OF TRANSPORTATION 801 NORTH BROADWAY BARTOW FL 33831 $ 56,102 TRAFFIC SIGNALIZATION DESOTO COUNTY FL 12085012 PRIME FLORIDA DEPT OF TRANSPORTATION 801 NORTH BROADWAY BARTOW FL 33831 $ 61,512 TRAFFIC SIGNALIZATION BREVARDCOUNIY FL 12087003 PRIME FLORIDA DEPT OF TRANSPORTATION 719 WOODLAND BLVD DELAND FL 32720-6800 $ 84,362 TRAFFIC SIGNALIZATION CHARLOTTE COUNTY FL 19006054 SUB (CONSTRUCTORS 2502 N ROCKY POINT DR STE 100 TAMPA FL 33607 $ 115,908 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13011007 PRIME FLORIDA DEPT OF TRANSPORTATION 719 S W00DLAND BLVD DELAND FL 32720-6800 $ 79,853 TRAFFIC SIGNALIZATION LAKE COUNTY FL 13011009 PRIME FLORIDA DEPT OF TRANSPORTATION 7190 WOODLAND BLVD DELAND FL 32720-0000 $ 94.937'TRAFFIC SIGNALIZATION FLAGLER COUNTY FL 13011010 PRIME FLORIDA DEPT OF TRANSPORTATION 7195 W00DLAND BLVD DELAND FL 327204800 S 192,997 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13031018 PRIME ORANGE COUNTY BCC FISCAL B OPERATIONAL SUPPORT 4200 S JOHN YOUNG PARKWAY ORLANDO FL 32839-0205 $ 192,033 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13031038 PRIME ORANGE COUNTY BCC FISCAL B OPERATIONAL SUPPORT 4200 S JOHN YOUNG PARKWAY ORLANDO FL 32839-9205 $ 237.755 TRAFFIC SIGNALIZATION ORANGE COUNTY FL 13031047 PRIME ORANGE COUNTY BCC FISCAL B OPERATIONAL SUPPORT 42005 JOHN YOUNG PARKWAY ORLANDO FL 32839.9205 E 61,720 SIGNAL INTERCONNECT ORANGE COUNTY FL 14006003 SUB GIBB58 REGISTER INC 2325OLLAPO STREET WINTER GARDEN FL 34787-3592 9 84,249 TRAFFIC SIGNALIZATION SEMINOLE COUNTY FL 14006009 PRIME CITY OF WINTER PARK 401 PARK AVENUE SOUTH WINTER PARK FL 32789.4386 $ 271,846 TRAFFIC SIGNALIZATION CITRUS COUNTY FL 10007-7 PRIME CITRUS COUNTY BCC ROAD MAINTENANCE 110 N APOPKA AVENUE INVERNESS FL 34450 Page 2002 16A, TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. 2. 3. 4. 5. TOTAL$ 1-"1 \L..A. Failure to complete the above may result in the Bid being declared non-responsive. Company: C , Signature: Date:11AC I. ,�► 16 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects: 06132016 Colter County Administrative Services Department Procurement Services Division Immigration Law Affidavit Certification Solicitation: Signal Priority Preemption Expansion Project This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. y C Company Name \c \ Q. c \C C.3\ V t 11 Print Name VJ 1 ` J 0, tbt ( ' Title k0„, Signature > r Date \,81/4LO State of \--0 C t County of e f c1O The foregoing instrument was signed and acknowledged before me this,9jt{.day of`�� (at( ,20 (t , by TG' f (� r 1 - tt CLI(0 who has produced N,1(I a_ as identification. (Print or Type Name) (Type of Identification and Number) ''yy Notary Public SignaturNotary \t-')ac( • Public State of Florida � Printed Name of Notary Public . Karen A Ricketson c o`, My Commission FF 050158 t, 4 .l (\ + t} �} °or 0.0 Expires 10/15/2017 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 17 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 Colter County Administrative Services Department Procurement Services Division COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name —TM-WA (1Ul1 � o` el`-3 V O (as shown on income tax return) Business Name (if different from taxpayer name) j} Address 945,N. vi\Ici-y i1 V)'t.O, 1V .., City ALIO _Q_..� ir)3 '.) State 1� ��( ti( c Zip 3 al \L Telephone . FAX Q FAX S D c . G�7 Email --Ve t a`30 Order Information Remit/Payment Information ( -.r}� Address �. � Address ,°jQ1 City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor X, Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) a- - v (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature 110 �r Date /c9L0 OILP Titled `., Phone Number LID 7. qt09. 18 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:06132016 16A14 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred eighty five (485) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of F4(y do County of 3eirlli'}1)LQ 1 t. Oraod]r a 1 V I Po6)dimx-- , being first duly sworn on oath deposes and says that the Bidder on theiove Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Ja .Q ' YI(t Pi (da/�, , also deposes and says that it has examined and carefully prepared its Bi from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 19 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 16A14 (a) Corporation The Bidder is a corporation organize d an isting under the I s of the State of r _ Q , which operates under the legal name of iT(� *tC tU Q 1 V tCQ�r I r1l , and the full names of its officers are as follows: President Gc,c r. � � Secretary G �.� 1d (-0 l Treasurer c C3O Kinn n Manager Kt� The \ OA, P15IOL J is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken \er)iLk 1f(/ 151 c 0((0 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 20 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 a l Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED j U tL' ALO , ADI CQ 1(Q ` I-0. Civ).-fro I vice. 1r)(1 Legal entity ' Q.100` ' (cc- Ic , ebri 0 I RP VIC'Q,� BY: � � �711f10 _ Witness 64— Name of Bidder(Typed) it Win ss Si ratur./, l- .-r: ,. V,,, 1 : • Y3 Title STATE OF ooC-k c\ COUNTY OFA q)(11 The fore,oing instrument was acknowledged before me this, ►( da ofcit��_��L , nice , • , I `3 � I , as V IC 11 of 4 t • 1 Mink 1 11. 't 4 it . , a c I i t(A(kcorporation, on behalf of the corporation. ( 4she is personally known to me or has r uced as identification and did did no take an oath. My Commission Expires: `0` �Iad(74.- iIRQ P I c,tel-;�'( (Signature of Notary) �d Pit Notary Public State of Florida (1 cfT,rte t- `C,p r-) Karen A Ricketson NAME: TT�,lJ� c + 1 , -oad My commission FF 060168 (Legibly Printed) o*E� Fxp:res 10/16/2017 (AFFIX OFFICIAL SEAL) Notary Public, State of VIC.4-t (K, Commission No.: O l0 tit if 21 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Traffic Control Devices,Inc. (herein after called the Principal) and Travelers Casualty and Surety Company of America , (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Collier County,Florida (hereinafter called the Owner), in the full and just sum of Five Percent of the Amount Bid dollars ($ 5%of Bid Amount ) good and lawful money of the United States of America,`to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as 16-6661 Signal Priority Preemption Expansion Project. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ 5%of total hid noted above.as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 26th day of July , 2016 Traffic Control Devices,Inc. Principal BY (Seal) - ' 1(0 efQ td2.1i evelers'asualty an. " u -ty\Company of America Surety 6 .41 717-4'74-(5:4; (Seal) J.Mark Whitehead,Jr.,Attorne in-Fact Countersigned !A Local Resident Producing Agent for The Whitehead Agency,Inc. 712 Ballard Street,Altamonte Springs,FL 32701 22 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER r-,., A POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226147 Certificate No. 006561871 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint J.Mark Whitehead Jr.,J.Mark Whitehead Sr..and Lori K.Charles of the City of Altamonte Springs ,State of Florida ,their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF.the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 17th November 2015 day of , . Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company x Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America i?; St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 1 St.Paul Guardian Insurance Company i .. r pASVA�T` t 1/1 y .^, 6'4 Cl:Ii'CS:&., .10.!!!!'.7 ,JP'"Ahpe ym._ .,RY�y. ¢ Z a S E` O1;., (titCt'" €_ +'m AvMxA,�7. Ee PRRAtf �e 4y< /NAR1F0"`.Y§ 'CC'•7V. _.°, . 19&2 0 {�, 1951 Y:' ty COM it EAGIe `SEAL i 1, '.. a �pb` t� .y sp c .....iaf v.... ir' r • State of Connecticut By: �� '` 40, City of Hartford ss. Robert L.Raney, enior Vice President 17th November 2015 3 On this the day of , ,before me personally appeared Robert L.Raney,who acknowledged himself to • be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing t instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.1!'y NcfIn Witness Whereof,I hereunto set my hand and official seal. I 'TM W w" C • V t0.1"9%'s` My Commission expires the 30th day of June,2016. lir,AMMO * Marie C.Tetreault,Notary Public '441 C('F+$ t 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 6 A 1 4 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the § Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury hrsurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 11161 ,20 i{ . tee4---. (..*--. Kevin E.Hughes,Assistant Sec tart' r,FSV.r��L 1 i FIRE C *W 7 ...:;41;SU4 J,or O 17A ()), Y t% �G G,S1 1 '`lim".lAttn :0 z c:TD IIIIIN AIS •fp....�...1-,.! °t raj° r .� RIN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 1 6 A 4 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Procurement Services Division BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. The mailing envelope has been addressed to: Procurement Director Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 10. The mailing envelope must be sealed and marked with: Bid Number; 16-6661 Project Name; Signal Priority Preemption Expansion Project Opening Date. 11. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. 12. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET, rC 'Yk ,eon tt01 Iti �t nci Bidder Name 4 /4/7, z," i• atur;/&Tii�!::'7„ C L1J In 44 Bate: 11 I auoau.7 23 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 tl I :h 4 V TRAFFIC G CONTROL ti D DEVICES, INC. ALamonteSpnitgr,Florida Erabriidull9:t CERTIFICATE OF CORPORATE RESOLUTION This is to certify that at a meeting of the Board of Directors of Traffic Control Devices,Inc.("the Corporation"),held at the offices of the Corporation located at 242 N.Westmonte Drive Altamonte Springs, Florida 32714 on February 15,2010,all the Directors being present and voting,as witnessed by the signatures below,the following resolution was unanimously approved: RESOLVED,that Gregory S.Cadman,President of the Corporation,shall continue to be authorized to execute any and all documents which may arise relative to any agreement,contract,proposal • bid,bond,lien,release,waiver,or other contractual document on behalf of the Corporation. RESOLVED,that James C.Breeding,Vice-President of Operations for the Corporation,shall also be authorized to execute any and all documents which may arise relative to any agreement,contract,proposal, bid,bond,lien,release,waiver,or other contractual document on behalf of the Corporation. RESOLVED,that David K.Wittek and/or Shanna N.Windle,shall hereby be authorized to serve as witness or otherwise ratify any such document executed on behalf of the Corporation pursuant to this Corporate Resolution. RESOLVED,that this resolution shall remain in full force and effect as long as the Officers/Directors or employees, set forth above, continue to hold their respective positions, or until this resolution is modified, amended,or rescinded by subsequent action of the Corporation. Dated this 15th day of February,2010 r Greggry S.C,6ckrnan.,President 'Ja< ding,VP/Operations teik, ;7,egzMot lc( Az • George Williams,III,Vice President _ id K.Wittek,Corporate Secretary TRAFFIC CONTROL DEVICES,INC. P.O.BOX 150418 ALTAMONTE SPRINGS,FLORIDA 32715-0418 PHONE:407-869-5300 FAX:407-869-0904 16A14 „1,00- - '- Florida Department of Transportation RICK SCOTT 605 Suwannee Street GOVERNOR JIM BO\Ol.b Tallahassee,FL 32399-0450 SECRET:AR1 January 25, 2016 TRAFFIC CONTROL DEVICES, INC. 242 N. WESTMONTE DR ALTAMONTE SPRINGS FL 32714 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 3/30/2017. However, the new application is due 1/31/2017. In accordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. if your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: https://www3.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: COMPUTERIZED TRAFFIC CONTROL, ELECTRICAL WORK, FENCING, GUARDRAIL, INTELLIGENT TRANSPORTATION SYSTEMS, ROADWAY SIGNING, TRAFFIC SIGNAL You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate acczrding to Section 14-22.0041(3), Florida Administrative Code. If certification in additional classes of work is desired, documentation is needed to show that yaur company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Sincerely, t.11mTnnt MIS{sworn wa...,t.w.. Alan D Autry w...li>R0A019u1"`IH70fN2'0"AMOH.N.14n0 !Wary. 0123.1)200190.100.1 1.0109,00001,001M11=04 719 6."M'+01 211149 4 i t 00' Alan Autry, Manager Contracts Administration Office AA:r3 www.dot.state.flus ti':; A .r 1 State of Florida Department of State I certify from the records of this office that TRAFFIC CONTROL DEVICES, INC. is a corporation organized under the laws of the State of Florida, filed on December 5, 1978. The document number of this corporation is 596300. I further certify that said corporation has paid all fees due this office through December 31, 2014, that its most recent annual report/uniform business report was filed on April 17, 2014, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-first day of July, 2014 ';'` rte' , st. 4 . ,.-, . ,.. -t-i4 Lie- ...!1 c4.:1447 ....e.7.:,..„,'"A. '‘X*-..') ...„....itY 4K tf)*I Secretary of State Authentication ID: CU8218043117 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html 16A14 State of Florida Joint Participation Agreement Supplemental Conditions The supplemental conditions contained in this section are intended to cooperate with,to supplement,and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla. Stat. 06/08/2016 1 4 t State of Florida Joint Participation Agreement Supplemental Conditions 1. Record Retention The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five(5)years after final payment is made and shall allow the County,FDOT, or its designee's access to such records upon request. The contractor agrees to comply with 20.055(5)F.S. and incorporate in all its subcontractors the obligations to comply with 20.055(5)F.S to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. 2. Lobbying No funds received pursuant to this Agreement may be expended for lobbying the State Legislature,the judicial branch, or a state agency. 3. Discriminatory Vendor List Any entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and many not transact business with any public entity. 4. Employment Eligibility Verification - Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires contracts to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the vendor during the Contract/Work Order term and include in all subcontracts under this Contract/Work Order, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. 5. Other Compliance Chapter 337.408,Florida Statutes,"Regulation of bus stops,benches,transit shelters, street light poles,waste disposal receptacles,and modular news racks within rights-of-way." 06/08/2016 2 1 6 A 14 State of Florida Joint Participation Agreement Supplemental Conditions CERTIFICATIONS AND FORMS THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 03/04/2013-(2) 3 State of Florida Joint Participation Agreement Supplemental Conditions Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. James C. Breeding Signal Priority Preemption Expansion Project Name Project Name Vice President Bid No. 16-6661 Title Project Number Traffic Control Devices, Inc. 59-1858994 Firm Tax ID Number 242 N.Westmonte Drive 09-360-4452 Street Address DUNS Number Altamonte Springs, FL 32714 City, State,Zip 03/04/2013-(2) 4 4 16A14 State of Florida Joint Participation Agreement Supplemental Conditions General Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Traffic Control Devices, Inc. Date July 26,2016 Authorized Signature James C. Breeding,VP Address 242 N.We ante - Altamonte Springs, FL 32714 Solicitation Signal Priority Preemption Expansion Project Contract# Bid No. 16-6661 03/04/2013-(2) 5 1 64 14 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Traffic Control Devices, Inc. ("Contractor") of 242 N. Westmonte Drive, Altamonte Springs, Florida 32714, a corporation authorized to do business in the State of Florida, to perform all work ("Work") in connection with Signal Priority Preemption Expansion Project, Bid No. 16-6661 ("Project"), as said Work is set forth in the Plans and Specifications by the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to' diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Seven hundred thirty five thousand two hundred seventy five dollars and no cents($735,275.00). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than 24 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date"shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within four hundred eighty five (485) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein andthroughout the Contract Documents,the phrase"Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify; Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a. penalty, One Thousand Five Hundred Eighty-Four Dollars ($1,584.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which,the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the.time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. • 25 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • • • 1 6 A 14 . . C. Computation of Time Periods. When ariy period of time is referenced by days herein, it shall be computed to exclude the first day and.;include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owners election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge,liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of. Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damage's'that may be owed to it arising out of or relating to this Agreement. Section 6. ";Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation ITB 16-6661 Signal Priority Preemption Expansion Project. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form 26 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 0 1U h4 Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details(if applicable) Exhibit M: Plans and Specifications prepared by Growth Management Department and identified as follows: Signal Priority Preemption Expansion Project as shown on Plan Sheets 1 through 14. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Randy Ensell, Project Manager Collier County Growth Management Department 2885 South Horseshoe Drive Naples, Florida 34104 (239)252-2712 (239)252-6685 Fax • randyensell@colliergov.net • B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: James C. Breeding Vice President Traffic Control Devices, Inc. 242 N. Westmonte Drive • Altamonte Springs, Florida 32714 (407)869-5300 (407)682-0076 Fax C. Either'party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A parson or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to 27 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 provide any goods or services to a public entity for the construction or repair of a public biilding or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification,or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject-to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. • The failure ofthe Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. . Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination:shall not affect the validity or enforceability of any other section or part thereof. Section 15. •.Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's;Procurement Ordinance and policies and accompanying administrative procedures. Section 16. 'Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party Who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its 28 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 0 16A14 face to have.been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents including the Owner's Board approved Executive Summary, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 2s ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • 16A14 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WIT I: S S / Traffic Control Devices, Inc. By: #4�7 �� ITNESS Print Name and Tit a Date Print Name )(it CD WITNESS ` (Gr1,te ..r)Q a, U:11.e( Print Name • Date: '/t( I, (0 OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COU Y FLORIDA Dwight . Brock, Cle B • - BY: Attest as to Chairman's Donna Fiala Date ics`t signattire.only. Chairman °prov: is to d Legality: - a ounty Attorney Pr` GOA— R. -- Print Narne ,. r . . Item# 1649 Agenda AN, Date D Recated (Akio) • • Deputy C,. k • 30 IAITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 ITEHEAD INSURANCE & BONDS November 8, 2016 Traffic Control Devices, Inc. 242 N. Westmonte Drive M1 Altamonte Springs, FL 32714 k" Re: Bond No.: 106 525 778 Obligee: Collier County, Florida Project: Signal Priority Preemption Expansion Project To Whom it May Concern: The contract underlying the above Performance and Payment bond is undated. Therefore, we are unable to date our bond or power of attorney because they cannot precede the date of the contract to which they pertain. This letter authorizes you to enter on the described Performance and Payment bond, Maintenance Bond, Rider and on the power of attorney attached thereto, the date on which the underlying contract is executed. We request that in due course you advise us as to the date entered. Please do not hesitate to contact this office if any question regarding this should arise. Thank You. Travelers Casualty and Surety Company of America J. Mark Whitehead, Jr. Attorney in Fact 712 Ballard Street • Altamonte Springs, Florida 32701 T: 407.831.4424 TF: 866.249.6582 F: 407.831.4421 Payment Bond and Performance Bond 11 (Public Work) 16A 1 4 FRONT PAGE STATUTORY DECLARATIONS In compliance with F.S.Chapter 255.05(1)(a)and F.S.255.05(6). THE BOND IS HEREBY AMENDED SO THAT THE PROVISIONS, AND LIMITATIONS OF SECTION 255.05 OR SECTION 713.23M FLORIDA STATUTES, WHICHEVER IS APPLICABLE, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTION 255.05(2)AND 255.05(10),ARE INCORPORATED HEREIN BY REFERENCE. Bond No. 106 525 778 Principal: Traffic Control Devices,Inc. Address and Phone 242 North Westmonte Drive,Altamonte Springs,FL 32714 407-869-5300 Surety Company: Travelers Casualty and Surety Company of America Address and Phone One Tower Square, Hartford, CT 06183 860-277-0111 Owner: Collier County, Florida Address and Phone 3327 Tamiami Trail East,Naples FL 34221-4901 239-252-8407 Obligee (if contracting entity is different from the owner, the contracting public entity): Address and Phone Bond Amount: Seven Hundred Thirty Five Thousand Two Hundred Seventy Five and No/100th Dollars ($735,275.00) Description of Work: Signal Priority Preemption Expansion Project Project Location: Naples, Collier County, Florida Surety Agent: The Whitehead Agency,Inc. Address and Phone 712 Ballard Street,Altamonte Springs,FL 32701 407-831-4424 Page One All other Payment Bond and Performance Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. EXHIBIT A 1:PUBLIC PAYMENT BOND Signal Priority Preemption Expansion Project Bond No. 106 525 778 Contract No. 16-6661 KNOW ALL MEN BY THESE PRESENTS: That Traffic Control Devices,Inc. 242 North Westmonte Drive,Altamonte Springs,FL 32701 407-869-4300 , as Principal, and Travelers Casualty and Surety Company of America , as Surety, located at One Tower Square,Hartford,CT 06183 860-277-0111 (Business Address) are held and firmly bound to Collier County,Florida as Obligee in the sum of Seven Hundred Thirty Five Thousand Two Hundred Seventy Five Dollars ($ 735,275.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the I '° ' day of j'-k,f ( . 20 , with Obligee for Signal Priority Preemption Expansion Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes,in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject-to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS:WHEREOF, the above parties have executed this instrument this kjrwl day of cAohei 204,„ , the name of each party being affixed and these presents duly signed by its Under-signed representative, pursuant to authority of its governing body. • • • 31 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 0 ,, • I 4,?,•'',„ A i 4 ,,„.,,, ii _ , . . • Signed, sealed and delivered ., in the presence of: 14 • 111 4,,,,,:, PRINCIPAL • ��-.�7� /- ' '-' Traffic Control Devices,Inc. - BY: �� Witn- ses as to Principal NAME/ ! �:eap —4 ITS' i '' STATE OF . Florida COUNTY OF Seminole • The foregoing instrument was acknowledged before me this II 4-tday of Iqi;.r. 20 I i.., by ,-,Tir lite 3 C. Lye_e-ch n cl , as \(c e P 1 e S, F n t of Tvo Fc; C,r,,- -,-,-. 'r,, r P -'jSnc- , a r'1 or, Au. corporation, on behalf of the corporation. 'He/she is personally known to me OR has produced tl i c-, as identification and did (did not)take an oath. My Corn is Ian x i es. Qa,e , ,�xO,«r k�, LLC aoto+Y"kern Notary Public State of Florida (S, t9natuJe of Notary) g, Jacqueline.M Miller �� `j f I 91 eo My Commfssior.FF 914313 NAME: �1(ic a c J r�-e &LA. kk tie r Fov fio Expires 09/2512019 (Legibly Printed) 000 Poe, Notary Public State of Florida (AFFIX OFFICIAL SEAL) Notary Public, State o' _ , ^ Jacqueline M Miller Commission No.: .c. My ommissroP.FF 914313 T1s ATTEST: SURETY: Travelers Casualty and Surety Company of America (Printed Name) • • One Tower Square,Hartford,CT 06183 (Business Address • • (Authorized Signature) Witnesses to Surety (Printed Name) 32 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 16A14 • OR Otta Qt pli As Attorney in Fact (Attach Power of Attorney) r() /7 J.Mark Whitehead,Jr. itne es (Printed Name) One Tower Square,Hartford,CT 06183 (Business Address) 860-277-0111 (Telephone Number) STATE OF Florida COUNTY OF Seminole The foregoing instrument was acknowledged before me this day of , 20 , by J.Mark Whitehead,Jr. , as Attorney-in-Fact of Travelers Casualty and Surety Company of America Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. c-�✓1,�` My Commission Expires: `-'�`7 (Signature) Name: Lori Kay Charles (Legibly Printed) • (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: • :vs'ry"'• LORI KAY CHARLES • _.,, �•_� :.: MY COMMISSION#FF 157860 . , � : EXPIRES:January 6,2019 ??F F,°QO Bonded Thru Notary Public Underwriters • • • 33 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 16A14 EXHIBIT A 2:PUBLIC PERFORMANCE BOND Signal Priority Preemption Expansion Project Bond No. 106 525 778 Contract No. 16-6661 KNOW ALL MEN BY THESE PRESENTS: That Traffic Control Devices,Inc. , as Principal, and Travelers Casualty and Surety Company of America r , as Surety, located at One Tower Square,Hartford, CT 06183 860-277-0111 (Business Address) are held and firmly bound to Collier County,Florida , as Obligee in the sum of Seven Hundred Thirty Five Thousand Two Hundred Seventy Five Dollars. ($ 735,275.00 ) for the payment whereof we bond ourselves, our heirs, executors, personalrepresentatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the '74 day of t ,f .kkr , 20 a, with Obligee for Signal Priority Preemption Expansion Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with:the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to,the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 194 day of ,2016, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 34 ITS 16-6661.Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • G�'O 6 • • • 16A14 • • Signed, reale, an elivered in the pill- «- • PRINCIPAL 311 1 • Traffic Control Devices,Inc. S..1%__� i_ 1111 $ B . �. 1 Witnesses as to Principal NAM �C.4 `Ac�ap/rte ITS: 0LA' r4 si-ErJ• STATE OF Florida COUNTY OF Seminole The foregoing instrument was acknowledged bef re me this ti - day of Nodeo,- .;_r , 20 koby Tallies C. I re-€.41111 as Vice, ' QrescXen+ of 17--dgrAr Com Ocroy , a �tr7rl r-4.1k corporation on behalf of the corporation. He/she is personally known to me OR has produced k as identification and did(did not)take an oath. My Commission Expires: Q las b0\ � �� )c� ( ignat0re) Name: c-ck .Crie- AA . t (Legibly Printed) � I (AFFIX OFFICIAL SEAL) : Notary Public, State • ,_ _ _ _ Commission No.• a�PR. Notary'Public State of Florida . Jacqueline M Miller i. v y0 ,c5My Commission FF 914313 'oF Fro Expires 09/25/2019 r • • • • • • • • 35 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 b. A 4 4 • ATTEST: SURETY: Travelers Casualty and Surety Company of America (Printed Name) • One Tower Square,Hartford,CT 06183 • (Business Address) (Authorized Signature) • Witnesses as to Surety (Printed Name) OR i . /1/.o L4D7,7. A> Attorney in Fact (Attach Power of Attorney) C„rci J.Mark Whitehead,Jr. C�A1i rttesses (Printed Name) One Tower Square,Hartford,CT 06183 (Business Address) 860-277-0111 (Telephone Number) STATE OF Florida COUNTY OF Seminole The foregoing instrument was acknowledged before me this day of 20 , by J.Mark Whitehead,Jr. as Attorney-in-Fact _ of Travelers Casualty and Surety Company of America, a Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as iderbification and,who did (did not)taken oath. My Commission Expires: ( /7-4v (Signature) Name: Lori K.Charles (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commissitt oip1^".•'l gc; LORI KAY CHARLES #__ MY COMMISSION#FF 157860 • EXPIRES:January 6,2019 "%tjahV Bonded Tint Notary Public Underwriters • 36 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER /-7 �j Ik. POWER OF ATTORNEY [ C)LQ V� 02� 1 9d e:. 1 TRAVELERS J Farmington Casualty Company St.Paul MercuryInsurance Companyt Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226147 Certificate No. 006561_947 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance ' Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint J. Mark Whitehead Jr..J.Mark Whitehead Sr.,and Lori K.Charles Altamonte SpringsFlorida of the City of ,State of ,their true and lawful Attomey(s)-in-Fact, • each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Compa2j75have caused this instrument to be signed and their corporate seals to be hereto affixed,this 17th November U1 day of • Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company p�SUq� 'llyiy 01VN c\'N lys „+'\N3�.,,� TY ANp ,,puaw�vM Y f. l� t3$,T,y"�jy .1 ,ywy fO: ....:(,q +'�P,.........Ry�., e�P' 4.6'', �,TCw N� E7rC�, �pF 'VYO { D3"�. n �' ?COMMy1 f is PvRA1F�i aP:''"'"4 '`� i G� $p'" '[: r- 0 1 9 8 2 0 R POPo1TfD•T .p .A. I0 i m S 'z r p0_-_Tf ` E i r � ORp 19/! =t .n: a HARTFORD, < WIRTFD o •- ' �6 ;a 2' 1 1951 a . , it a e A 141 C°NN. n t °14"j e N 1898 y s.d �coa{ �`., Ar :6.SEAL:3: o \ �''. tiN �� <. ,,ZuRAr+cE v1........�a_ \',..i.. �> ::aD '''''.z b si Y �r�1%1 n" 3 NMN': " S'''' .*�T \b1 as r M State of Connecticut By: / City of Hartford ss. Robert L.Raney, enior Vice President 17th November 2015 On this the day of , ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. t ` `W w� 1. My Commission expires the 30th day of June,2016. * AllBUA * Marie C.Tetreault,Notary Public CCP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmin: - otrytdelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any,Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking j shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. i IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 Kevin E.Hughes,Assistant Semtary O�sOma'34G� Ac TL> `Vqqq1 . ...,'{•: g p6L ggg,�1}CbONNBF,ry/o J tb ".o � r�C�PORATEDa 4 feRORA ' yQ �1982 1g]] 0 ° C$7, W HARTFORD. < E5u4RTFCRO, a1951 g �•SEAL.nf t`SEAL'a CO . i fess Vy pP pis 04' %4Z .NC `........va 1� �a yb yyN/-7,14:4, ,!' °` J •a s.ay �S........ 1 AMt To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 6 A 4 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense,carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shal procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. " The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier.County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage] shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or`its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal ormaterial change in coverage or limits received by Vendor from its insurer and nothing contained herein shaltrelieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30)days after demand,the County has the right to offset these costs from any amount due Vendor under this 37 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverageW purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. • • • 38 1113 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 1 6 A 14 Collier County Florida • • INSURANCE AND BONDING REQUIREMENTS Insurance/Bond Type Required'Umits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ®Commercial General $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability(Occurrence Form) Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,damages, losses and costs,including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the ContractorNendor or anyone employed or utilized by the ContractorNendor 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. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate 0 Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 0 Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 39 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • A ,t • 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to • general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.The Certificates of Insurance must state the.Contract Number, or Project Number, or specific Project description,or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. RLC 5/16/2016 Vendor's Insurance Statement • We understand'the insurance requirements of these specifications and that the evidence of insurability may be required within.five(5)days of the award of this solicitation. • Name of Firm Date Vendor Signature Print Name Insurance Agency, Agent Name Telephone Number • 40 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 0 • 44* YA • EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA' ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of$ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by ,as of • a corporation, on behalf of the corporation. He/she is personally.known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: • • • 41 'ITB 16:6661SignalPreemption Construction Services Agreement for Grant Funded Projects.061302016 i:/ 'tike 4uaf 4 ✓ , EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: http://purchasing.colliergov.net/Forms/Forms/Aliltems.aspx 43 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 0 16A14 • EXHIBIT E:CHANGE ORDER • An electronic data entry form may be found at • http://bccspOl/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx change Order Form Contract*: Change#: Purchase Order#: Project*: ContractordFirm Name: Project Name: Project/AB/lager Nanee Department: Crinfirm I Contract/Work Ceder Arnourt .. CkiginoI BCCApproval Date;Agenda hero* Current BCC AM:rovedAmount Last HCC Approval Date Agenda It$rn#. .... � ' ._ CurrentCurrentContarkfl+Vk Order Amountr"` SAP Contract Expiration Gate(Master) Dales Arrouiat of this Change 'a. 0: fR31Vr4Dr 'Total ChBrlge from Cr'gins!Amount • car Order Total S 0.00 #DIV ! cttarsgeframC viers BGC ApprouedArrwaart 01111911191"M Changes 3 0.00 40 IV/0! Change from Current Amount Completion Date,Description.of the Tasir(%)Change;and Raticnalefor the Change Notice to Proceei Original Last Approved Revised Date Dale II Completion D Date seddies eve orange) . *of Days Added Select Tasks El Add new task{s)et Delete task(s) l Cflange taskts)aOther(see t Provide a respon se to the following:l.)detailed and specific feel aaaticnlrationale of the requestedchange(s)to the task(s)and d or the additional.days added(if requested);2.)why this change was not included i n the original contract:and.3.)describe the impact this change is not processed. Attach additional information from the Design Professional anchor Contractor if reacted. • . • • • Prepared by: • Date: (Project Manager Name and Department) Acceptarce of this Change Order shall constita amodification tocontracttworkorderidentifyaboveandwinbesubjecttoacthesame terms and conditions as careened in the contract 1 work order indicated above,as fully as if the sane were stated in this acceptance. The adjustment,if any:to the Conlrad std cora a full and final settlement of any arai all claims of the Contactor t'Vendor,!Consultaati D esign Professional juin out of or related to the change set forth herein,Mcludirig claims for impact and decay cost. Accepted by: Date: (Contractor!Vendor t Com/item I Design Professional and Name of Firm,if prcjectapplicale) Approved by:• Date: (Design Professional and Name of Firm,if project ap pkcatle) Approved by: Dale: (Procurement Professional qw ss, 'FM T4yreidxa. rxi raze%MI, ;.:» r s .-i-z .; to ive 1'33 :1= 44 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 1:r • EXHIBIT F:CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: • CONTRACTOR • Contract For , Contract Date ' This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: • • To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by'CONTRACTOR within days of the above date of Substantial Completion. • • 45 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061 302 01 6 41) • The responsibilities between OWNER and CONTRACTOR for security,operation, safety, maintenance, heat, utilities,insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: • CONTRACTOR • The following documents are attached to and made a part of this Certificate: This certificate,does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed•by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 • CONTRACTOR By: Type Name and Title OWNER accepts'this Certificate of Substantial Completion on ,20 • OWNER By: Type Name and Title 46 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 6A• . 4 • .• EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and - system submitted(list manuals in attachment to this form). • 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11 Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above,attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: , (Firm Name) (Signature) (Typed Name&Title) By Owner: • (Department Name) (Signature) • (Name&Title) • • • 47 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects.061302016 CAO • EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 it is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication,shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other:third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing,any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work,,trades., subcontracts, or extent of any part of the Work. In the event of a discrepancy between ori among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor, water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasonsf.,,physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and 48 CACt ITS 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the.Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for•in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's 'cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance,.the dispute resolution procedure set forth in the Contract Documents shall be complied with,by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and;submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule'). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall providefor expeditious and practicable execution of the Work within the Contract Time. The Prggress.,Schedule shall indicate the dates for starting and completing the various stages of the Work. • 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the: Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally belimited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 49 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 C A 14 4 4. PROGRESS PAYMENTS. 4.1 Prior'to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herejn to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to the County's Project Manager and/or his designee. 4.4 Unless',expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 .Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner(which designee may include the Design:Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of onlyy a portion of the requested payment, stating in writing its reasons therefore; or (3) retOrn the'Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by,the County's Procurement Services Division and the Clerk of Court's Finance Department.respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the'Contractor may make the necessary corrections and re-submit the Application for Payment. Thi Owner shall, within ten (10) business days after the Application for Payment is 50 C;. ITB 166661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 6 4 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner;shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the. Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Procurement Ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied,by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as:Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval,a detailed Project Funding Schedule,which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 . Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges- and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all'amounts that Owner does not dispute are due and payable. 4.11 ,Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to nonpayment under the legal doctrine of"laches" as untimely submitted.Time shall be deemed of the'essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card fortransactions relating to this solicitation. 51 ITB 16-6661 Signal preemption Construction Services Agreement for Grant Funded Projects:061302016 I ; #I I • 5. RAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, .because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager 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) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents by Contractor. 5.2 if ani conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner;-whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts(including, but not limited to taxes' or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by.applying the amount owed to the vendor or contractor for services performed and/or for materials delivered in association with a contract. 6. FINAI::'.PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk,of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to::•release of final payment and final retainage, the Contractor's Representative and the Project,Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project; except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of-Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 52 a ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • 16A14 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of Materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named: Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to•Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. • 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as'that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project)to'adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty._ All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the`proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If:.a '.specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project :Manager, if Contractor submits sufficient information to allow the Project Manager to determine thatthe substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record •time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, 53 O ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 V Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8:1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8;1.4• The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 . Description of Work being performed at the Project site; 8.1.7 • Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project '8.1.10 •- Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 •. •Contractor shall maintain in a safe place at the Project site one record copy of the Contract, Documents, including, but not limited to, all drawings, specifications, addenda, amendments,,Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes'that are made to adapt the Work to field conditions, changes resulting from Change Orders;Work Directive Changes and Field Orders, and all concealed and buried installations of piping, `conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features(e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat andlegible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record • 54 4 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects.061302016 documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner.' - 8.3 Conti'actor shall keep all records and supporting documentation, which concern or relate to the Work 'hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b)as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: • Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 • The Contractor must specifically comply with the Florida Public Records Law to: 1. •Keep'and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon,completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency; upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.4 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on'the Project by its subcontractors and material-men, 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 decayed 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 suppliers and contractors as set forth in Paragraph 12.2. herein. 8.5 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 o 55 ITB 16-6601 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 6 A 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. 8.6 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 its 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 Contract 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. 8.7 In no,event shall any approval by Owner authorizing Contractor to continue performing Work underthis Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 9. CHANGES IN THE WORK. 9.1 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 additionor changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior writteh approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 9.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 9.3 If Owner and Contractor are unable to agree on a Change Order for the requested change;-Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written_Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted . as :directed by Owner. If Contractor disagrees with the Owner's adjustment determination`, Contractor must make a claim pursuant to Section 11 of these General Conditions or.lse be deemed to have waived any claim on this matter it might otherwise have had. 9.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup.for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor 56 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 and material:costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 9.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 9.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 9.7 Any modifications to this Contract shall be in compliance with the County Procurement Ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 10. 'CLAIMS AND DISPUTES. 10.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim"also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 10.2 Claims by the Contractor shall be made in writing to the Project Manager within forty- eight (48) hours.from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the.provisions of Subsection 10.4. 10.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by.the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 11. OTHER WORK. 11.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is'to be performed is not noted in the Contract Documents, written notice thereof will be given.to Contractor prior to starting any such other work. If Contractor believes that such performance will,involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty- eight(48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 57 ITB 16-6$61 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 %. i ss.s.r L 11.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be.fequired to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts betvdeen Owner and such utility owners and other contractors. 11.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner(or Owner), Contractor shall inspect and promptly report to Project`.Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. • 12. INDEMNIFICATION AND INSURANCE. 12.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential ,damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 12.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of.this Agreement until it is determined by final judgment that an action against the Owner yr an,ihdemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the;contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 13. COMPLIANCE WITH LAWS. 13.1 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, worker's compensation, equal employment`and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. 58 19 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 1óAj4 Notwithstandng anything in the Contract Documents to the contrary, it is understood and agreed that an the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the:extent Contractor knew or should have known of such changes prior to the date of this Agreement. 13.2 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 disc=retion to unilaterally terminate this agreement immediately. 13.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for'Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Wherethe requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed_ affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the"Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit.the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibilit?to familiarize themselves with all rules and regulations governing this program. Vendor.acknowledges, and without exception or stipulation,any firm(s) receiving an award shall be 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 and:with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the. award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. CLEANUP AND PROTECTIONS. 59 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 4 14.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arming 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. 14.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, 'curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 15. ASSIGNMENT. 15.1 'Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, v ithout the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or.any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 16. PgRMfl S, LICENSES AND TAXES. 16.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through :an ;internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 16.2 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. 16.3 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. 17. TERMINATION FOR DEFAULT. 17.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth,in this.Section, if Contractor: (1)fails to begin the Work under the Contract Documents within the'time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as maybe rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or(5)fails to resume Work which has been suspended within a reasonable time after being notified.to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or(9)fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 60 1T6 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 16A 1 17.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following.receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials,tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretio.n, may choose. 17.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management; administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals)'and,interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner` is not entitled to the remedies against Contractor provided herein, then the termination wit' .be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 17.6 In the.event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after Such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default'within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty(120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its°default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination 61 16 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 i g date, but in noevent shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 18. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 18.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the.Work not performed. 18.2 Owner:shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the ,Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 19. COMPLETION. 19.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work(or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional;does not consider the Work(or designated portion) substantially complete, Project Manager shall'notify Contractor in writing giving the reasons therefore. If Owner, after conferring with, the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion,'but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 19.2 Upon receipt of written certification by Contractor that the Work is completed in accordance'With the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve a payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable, Neither the final payment nor the retainage shall become due and payable until Contractor submits: •(1.) Receipt of Contractor's Final Application for Payment. (2) .The Release and Affidavit in the form attached as Exhibit C. 62611 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • • • • 16A14 (a) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 20. WARRANTY. 20.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or 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 Substantial 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. 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. • 20.2 Rio later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present,at the time of inspection and shall take remedial actions to correct any deficiencies noted in'the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 21. TESTS AND INSPECTIONS. 21.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 21.2 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 Project Manager 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 Project Manager. 60 63 ITB 16-661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • 7_ 1 6 A 1 4 21.3 Contractor is responsible,without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 21.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 21.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 21.6 Neitherobservations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 22. DEFECTIVE WORK. 22.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indit'ect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. • 22.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover,: expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct,,indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the C.ontract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers;suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 64 ITS 16-6661 Signal-Preemption Construction Services Agreement for Grant Funded Projects:061302016 22.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential 'costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed.evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 22.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor inthe event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the.Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an approprrate.decrease to the Contract Amount. Such direct, indirect and consequential costs shall include; but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance.of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 23. SUPERVISION AND SUPERINTENDENTS. 23.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise. as..may be necessary to perform the Work in accordance with the Contract Documents.`Contractor shall be responsible to see that the finished Work complies accurately with the Eonitract Documents. Contractor shall keep on the Work at all times during its progress a competent,resident superintendent, who shall be subject to Owner's approval and not be replaced, without prior written notice to Project Manager except under extraordinary circumstancces. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractdr. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. • 65 �® ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 �fBM v f 23.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's' monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 24. 'PROTECTION OF WORK. 24.1 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 any one for whom Contractor is legally liable for 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 moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 24.2 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. 24.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. if Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design, Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. ' EMERGENCIES. 25.1 In the,event of an 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 or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Docurrrents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change 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. 26. ISE OF PREMISES. 26.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted:by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 27. - SAFETY. ♦ 66 ITB 16=6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 • • 1 4 • 27.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 27.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 27.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 27.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 27.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination,and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 27.3: Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's"superintendent unless otherwise designated in writing by Contractor to Owner. 27.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, Or explosives of any kind. 27.5 . Contractor acknowledges that the Work may be progressing on a Project site which is located upon`or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 27.5.1 . All Owner facilities are smoke free. Smoking is strictly prohibited; 27.5.2' . All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 67 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 G� 27.5.3 Contractor shall strictly limit its operations to the designated work areas and shall.not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; '27.5.x• All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 27.5:5 All Employees shall at all times comply with the OSHA regulations with respect.to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 27.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated,from time to time, by Owner in writing; 27.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal'property therein; 27.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 27.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 28. PROJECT MEETINGS. Prior*to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings•convened by the Project Manager with respect to the Project, when directed to do so by.Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 29. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess 'of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 30. MAINTENANCE OF TRAFFIC POLICY For all projects,that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform .Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in'.the Florida Department of Transportation's Design Standards (DS), where applicable on•.state roadways. These projects shall also comply with Collier County's Maintenance,.of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and available on-line at colliergov.net/purchasing. 68 GQ� ITB 16-6661.Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 16414 1 4 • The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &.Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffiq("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If.MOT.is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 31. SALES TAX SAVINGS AND DIRECT PURCHASE 31.1 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respectto the Work, as set forth in section 32.2 below: 31.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and.may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program`in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon' between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner.to the same extent as all other warranties provided by Contractor pursuant to the terms of the'Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of*such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 31.3 Bidderrepresents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 32. SUBCONTRACTS 32.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid,packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supp{y a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 69 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 L� 16A14 32.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any'portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 32.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without,prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 32.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone'it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of.the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase' order from Contractor to Owner at the election of Owner upon termination of Contractor, (3)provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all• liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and.(6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of.the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 32.5 "Each Subcontractor performing work at the Project Site must agree to provide field (on- site) supervision through a named superintendent for each trade(e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract o`r,purchase order. In addition,the Subcontractor shall assign and name a qualified employee forscheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar,project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 32.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 70 ITB 16-6661 Signal'Preemption Construction Services Agreement for Grant Funded Projects:061302016 • 32.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed=to be caused by Owner or Design Professional or attributable to Owner or Design ProfeSsknal,and including claims based on breach of contract or negligence, shall be an extension of,it5 contract time. 32.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in.the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%for overhead and profit. 32.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delay and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub- subcontractsand purchase orders. ,32.6.4' Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such coriditions for giving notice and submitting claims shall result in the waiver of such claims. '. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis; all Project files and records, including, but not limited to, the following administrative records: , 34.1.1 Subcontracts and Purchase Orders 'r 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs } 34.1.5 Contract Drawings and Specifications with Addenda 1 • 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs • 34.1.9 Material Costs • 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records • ' 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards • 34.1.22 Design Handbooks •• • 34.1.23 "As-Built" Marked Prints 34.1.24 Operating& Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 71 �C ITS 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 G • 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are 'valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by theCollier County Facilities Management Division for all employees that shall provide services:to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All ofContractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid,as'discussed below.All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DLLFMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of:$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will.be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 36.VENUE Any suitor action brought by either party to this Agreement against the other party relating to or arising ou.t of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exdusive jurisdiction on all such matters. • 72 c ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 G4 • ióA14 37.VALQE ENGINEERING All projects with an estimated cost of$10 million or more shall be reviewed for consideration of a Value':Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to; design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376&403 Florida Statute$; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The 'Contractor shall employ people to work on Owner's projects who are neat, clean, well-grpomed:'and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. 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 CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation':of any settlement reached during negotiations to OWNER for approval. Failing resolution, and,prior to the commencement of depositions in any litigation between the parties arising out of:this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S'staff person who would make the presentation of any settlement reached at mediation to-OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla.Stat. 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 exdusive jurisdiction on all such matters. 73 ITS 16-6061,Signgl Preemption Construction Services Agreement for Grant Funded Projects:061302016 1 6A 14 • EXHIBIT I:SUPPLEMENTAL TERMS AND CONDITIONS in order to be considered for award,the Bidder must be a FOOT Prequalified Contractor •in the following work class: Specialty Class --Traffic Signals. Refer to information posted at: http://bid.colliergov.net/bid/ • • • 74 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 �0 A . fra tcast f � ,7 State of Florida Joint Participation Agreement Supplemental Conditions The supplemental cdiditions contained in this section are intended to cooperate with,to supplement,and to modify the general conditions.and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1)=the subcontractors is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section'288.703,Fla. Stat. • • • • 06/08/2016 1 J L 41 State of Florida Joint Participation Agreement Supplemental Conditions 1. Record Retention The contractor- shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for aper dd of at least five(5)years after final payment is made and shall allow the County,FDOT,or its designee's access to such records upon request. The contractor agrees to comply with 20.055(5)F.S.and incorporate in all its subcontractors the obligations to comply with 20.055(5)F.S to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. 2. Lobbying No funds received pursuant to this Agreement may be expended for lobbying the State Legislature,the judicial branch, or a state agency. 3. Discriminatory Vendor List Any entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods'or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and many not transact business with any public entity. 4. Employment Eligibility Verification - Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires contracts to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the vendor during the Contract/Work Order term and include in all subcontracts,under this Contract/Work Order, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. 5. Other Compliance Chapter 337.408,Florida Statutes, "Regulation of bus stops,benches,transit shelters, street light poles, waste disposal receptacles,and modular news racks within rights-of-way." T r. 06/08/2016 2 1 6 A 1 4 State of Florida • Joint Participation Agreement Supplemental Conditions CERTIFICATIONS AND FORMS THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE I. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Granit Clauses • I ' 03/04/2013-(2) 3 • • L • _ _ 16414 State of Florida Joint Participation Agreement Supplemental Conditions 4 " fa. ,fi i s ta11'.t„if &t. S ,-!3iM.,f% 5 ->.7„,w7 �4xd:+k, w 5'�i d 4 ^'+ „.#t y r a-3 •,1 ," d cation Rei a ng Deb b S r i n ei ofd bili e f ' �" 1` � � ° rt 9?? 7 '' ;., iz'�r r.tv giboo�e7c'e,s+ '�'"Yz's'2'I =�a` '.L, `r ' a t y, -i R, c4 1 0. t x d a` r5; o �- *,+ m4'Yh' � a s. �"� "',-k+x��.� �v�{` ^� 1� �� "�l4�EeT� �'�1�� .`�c Y "'T''� �.�+'��ti rL'��.�.+�� i'n y5„ � z.�rsst� �1 '` '�,� h,d� r3pFti }"�- ,4 F " .< � �'�-v b:a '�.��3 �-�:� � ..,.�u.vF,V?�#`B.d.(4,�. �[ �;1 I .�,;=`"-d -'r��- ��;. �",1 •�, ..;'fi»r.�C�` !',;;Y;.�z�+w->_��'L' n:�_=��`r�: , _ __ s..i�4��x< (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. James C;Breeding Signal Priority Preemption Expansion Project • a Name • Project Name Vice President Bid No. 16-6661 Title Project Number Traffic.CotitrorDevices, Inc. 59-1858994 Firm Tax ID Number 242 N.Westm6nte Drive 09-360-4452 Street Address DUNS Number Altamonte Springs, FL 32714 City,State,Zip • • • 03/04/2013-(2) 4 6 Jai 1 4 State of Florida Joint Participation Agreement Supplemental Conditions - General-Grant Ctatases On behalf of my firm, I acknowledge,and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Traffic Control Devices, Inc. Date July 26,2016 r Authorized Signature ♦//'bi: ,. James C.Breeding,VP Address 242 N.We j'nte Priv • Altamonte Springs,FL 32714 Solicitation Signal Priority Preemption Expansion Project Contract# Bid No. 16-6661 • • 03/04/2013-(2) 5 EXHIBIT J:TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ 75 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 . 114 •,• EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ 76 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 (-7 16414 : EXHIBIT L:STANDARD DETAILS Refer to information posted at: http://bid.colliergov.net/bid/ • • • • 77 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 . • 16A14 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.netlbid/ • • 78 ITB 16-6661 Signal Preemption Construction Services Agreement for Grant Funded Projects:061302016 c) A 1 4 W Ze C i-.'"' ` .'e \\\11111 I1/1 or—fipk"'"--- , -11 lili f� l. & !. n 'I. !IQ ni 2'!% g.2.g N 2 %yam I:� 7'4:z:1z '( a � h o y "'z CL �6 p a NNC§.1U h a # N § N U�% z-.., Fa "' MIIIIIIIINIP&MI-MH /liiiii0 .z .4, P" 4 0 • .......nuns 1i . » IzZ "' 1!1!111111 4 w W= I R� 1 11111. .:4, ; �—�., . 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I ,N O i o I ,. • 0 Cbi, , . , 16A14 Q =2 1 C V tib <, LA RN Ms 1011 a a k U c `, 164 it I I I gp 1 € I� 0 I J I .t r..• ` I wQ �4 W w 1 kr' > w ZR w LL (---(- ' � ; > o YI X 1 3 U • Ii a1 j O o D U W • I V Q , —, !I v o � Ltzw ; I o � a f'. � { I- 7: gl a a: N 2'g Z61 yyQ o p W0 , vWW • 'O A 4 • EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Tom Housel Construction Superintendent Jason Ownbey Project Manager II 79 figITB 16-6661 Sighal Preemption Construction Services Agreement for Grant Funded Projects:061302016 1 6 4 1 4 .,---., . A� CERTIFICATE OF LIABILITY INSURANCE DATE ) 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 Karen Hall NAME: Stahl & Associates Insurance, Inc. PHONE.Fyn. (407)833-8998 FAX (A/C.Nol:(407)833-3909 IAIC No 250 International Parkway E-MAIL ADDRESS:karen.hall@stahlinsurance.corn Suite 128 INSURER(S)AFFORDING COVERAGE NAIC# Lake Mary FL 32746 - wsuRERA Amerisure Mutual Ins Co 23396 INSURED INSURER B Amerisure Insurance Co 19488 Traffic Control Devices, Inc. INSURERCXL Specialty Insurance Co. 37885 P.O. BOX 150418 INSURER D: INSURER E: Altamonte Springs FL 32715-0418 INSURERF: COVERAGES CERTIFICATE NUMBER CL1642031473 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. INSR TYPE OF INSURANCE ADDL SUBR - POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED PREMMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE X OCCUR X Y GL2028856 5/1/2016 5/1/2017 MED EXP(Any one person) $ 5,000 X Blanket Add'l Insured's PERSONAL&ADV INJURY $ 1,000,000 X GL Extension Endorsement GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY PROT- LOC $ 1FC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTOBODILY INJURY(Per person) $ B — ALL OWNED SCHEDULEDCA2028854 5/1/2016 5/1/2017 AUTOS AUTOS X y BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE '$ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION yWC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.-EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) WC2028857 5/1/2016 5/1/2017 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 C Contractors Equipment UM00037425MA16A 5/1/2016 5/1/2017 Leased/Rented Equipment $500,000 I C Contractors Equipment UM00037425MA16A 5/1/2016 5/1/2017 Installation Floater $2,500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Contract Number; 16-6661 "Signal Priority Preemption Expansion Project"; For any and all work performed on behalf of Collier County, Collier County Board of County Commissioners is named as Additional Insured with respect to general liability including ongoing and products and completed operations per the endorsements CG2010 and CG2037 as required by written contract. Coverage is primary and non-contributory. For Automobile per CA7171 Florida Advantage Commercial Automobile Broad Form endorsement. Waivers of Subrogation are provided to the Additional Insured's as named with respect to the General Liability, Commercial Automobile and Workers' Compensation policies. 30 days Notice of CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners Procurement Services Division AUTHORIZED REPRESENTATIVE 3327 Tamiami Trail East Naples, FL 34112-4901 c.--. ,7 — _ _ . Robert Bowles/DOOLEY �`-�.�-s•—f._:s.�=f—��_.___—_—._._.. ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSf125 r7mnrim ni Tho Arnim name onrf Innn,rc ranicfnrnrl mmr4c of ACCID fl I 4 v 4, COMMENTS/REMARKS Cancellation will be provided. Insured: Traffic Control Devices, Inc. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. 4./i., ACORODATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/8/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 Karen Hall NAME: Stahl & Associates Insurance, Inc. /AHONN Fxfl• (407)833-8998 FAX A/C.Nol:(407)833-3909 250 International Parkway E-MAIL ss:karen.hall@stahlinsurance.com Suite 128 INSURER(S)AFFORDING COVERAGE - NAIC# Lake Mary FL 32746 INSURER A:North River Insurance Co 21105 INSURED INSURER B: Traffic Control Devices, Inc. INSURERC: P.O. Box 150418 INSURER D: INSURER E: Altamonte Springs FL 32715-0418 INSURERF: COVERAGES CERTIFICATE NUMBER CL1642031475 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTRINSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_ $ —1 POLICY PRO- PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 19,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 19,000,000 DED X RETENTION$ -0- X y 5811066837 5/1/2016 5/1/2017 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITYY/N TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Contract Number: 16-6661 "Signal Priority Preemption Expansion Project"; Umbrella liability is excess over the general liability, automobile and employers liability coverages. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners Procurement Services Division AUTHORIZED REPRESENTATIVE 3327 Tamiami Trail East Naples, FL 34112-4901 Robert Bowles/DOOLEY ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS095 ontnns m rho Arn0n r,=rr,e,nrl I.,.,.,=rim ro.,Ic*oro.i n a 1,c,.,f Ase-non 6 A 16A14 POLICY NUMBER:GL2028856 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)And Description Of Covered Operations Collier County Board of County Commissioners Contract Number: 16-6661 "Signal Priority Procurement Services Division Preemption Expansion Project' 3327 Tamiami Trail East Naples, FL 34112-4901 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to contract or agreement to provide for include as an additional insured the person(s) such additional insured. or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" B. With respect to the insurance afforded to or "property damage" caused, in whole or in these additional insureds, the following is part, by "your work" at the location desig- added to Section III - Limits Of Insurance: nated and described in the schedule of this If coverage provided to the additional insured endorsement performed for that additional is required by a contract or agreement, the insured and included in the "products- most we will pay on behalf of the additional completed operations hazard insured is the amount of insurance: However: 1. Required by the contract or agreement; 1. The insurance afforded to such additional or insured only applies to the extent per- 2. Available under the applicable Limits of miffed by law; and Insurance shown in the Declarations; 2. If coverage provided to the additional in- whichever is less. sured is required by a contract or agree- ment, the insurance afforded to such This endorsement shall not increase the ap- additional insured will not be broader plicable Limits of Insurance shown in the than that which you are required by the Declarations. 0 Insurance Services Office, Inc.,2012 CG 20 37 04 13 POLICY NUMBER:GL2028856 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Collier County Board of County Commissioners Contract Number: 16-6661 "Signal Priority Preemption Procurement Services Division Expansion Project" 3327 Tamiami Trail East Naples,FL 34112-4901 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) equipment furnished in connection with or organization(s) shown in the Schedule, but such work, on the project (other than only with respect to liability for"bodily injury", service, maintenance or repairs) to be "property damage" or "personal and adver- performed by or on behalf of the addi- tising injury" caused, in whole or in part, by: tional insured(s) at the location of the covered operations has been completed; 1. Your acts or omissions; or or 2. The acts or omissions of those acting on 2. That portion of "your work" out of which your behalf; the injury or damage arises has been put to its intended use by any person or or- in the performance of your ongoing oper- ganization other than another contractor ations for the additional insured(s) at the or subcontractor engaged in performing location(s) designated above. operations for a principal as a part of the However: same project. C. With respect to the insurance afforded to 1. The insurance afforded to such additional these additional insureds, the following is insured only applies to the extent per- added to Section III - Limits Of Insurance: mitted by law; and If coverage provided to the additional insured 2. If coverage provided to the additional in- is required by a contract or agreement, the sured is required by a contract or agree- most we will pay on behalf of the additional ' ment, the insurance afforded to such insured is the amount of insurance: additional insured will not be broader than that which you are required by the 1. Required by the contract or agreement; contract or agreement to provide for or such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to Insurance shown in the Declarations; these additional insureds, the following addi- whichever is less. tional exclusions apply: This endorsement shall not increase the ap- This insurance does not apply to "bodily in- plicable Limits of Insurance shown in the jury" or"property damage"occurring after: Declarations. O Insurance Services Office, Inc.,2012 CG 20 10 04 13 Insured:Traffic Control Devices, Inc. _ Policy Number: CA2028854 { 1 ;;._ Effective 5/1/2016-5/1/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is$ $350.00 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS- CANCELLATION, Paragraph A.2.is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION II- LIABILITY COVERAGE A.1.WHO IS AN INSURED is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to"accidents"or"loss"that occurred before you acquired or formed the organization;and (3) Coverage does not apply to an organization that is an"insured"under any other policy or would be an "insured"but for its termination or the exhausting of its limit of insurance. e. Any"employee"of yours using: (1) A covered"auto"you do not own, hire or borrow,or a covered"auto"not owned by the"employee"or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs;or (2) An"auto"hired or rented under a contract or agreement in that"employee's"name, with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)while using a covered"auto" rented from you or from any member of the"employee's"household. f. Your members, if you are a limited liability company,while using a covered"auto"you do not own,hire,or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered"autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the"bodily injury" or"property damage"; Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 1 of 6 4 (2) To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of"autos"unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The"auto"is leased without a driver;and (c) The lease had not expired. Leased"autos"covered under this provision will be considered covered"autos"you own and not covered "autos"you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not apply to"bodily injury"or"property damage"for which an"insured"is also an insured under any other automobile policy or would be an insured under such a policy,but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION II -LIABILITY COVERAGE,A.2.a.Supplementary Payments, paragraphs(2)and (4)are deleted and replaced with the following: (2) Up to$2500 for the cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request,including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II- LIABILITY COVERAGE,B. EXCLUSIONS, paragraph 5. FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow "employee's"employment or while performing duties related to the conduct of your business. However,this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use of a covered"auto"you own, hire or borrow. Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III- PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If any of your owned covered"autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees"hire or borrow,under your name or the"employee's" name,for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the Declarations, Item Three, Schedule of Covered Autos You Own,or on any endorsements amending this schedule. B. Under SECTION III PHYSICAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS,paragraph b. Loss of Use Expenses is deleted and replaced with the following: b, Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver,under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered"auto"; (2) Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto";or Includes copyrighted material of Insurance Services Office, Inc. Page2of6 CA71710508 (3) Collision,only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However,the most we will pay for any expenses for loss of use is$30 per day,to a maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5,b. Other Insurance is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered"autos"you own: 1. Any covered"auto"you lease, hire, rent or borrow;and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased,hired, rented or borrowed with a driver is nota covered"auto", nor is any"auto"you hire from any of your"employees",partners(if you are a partnership), members (if you are a limited liability company),or members of their households. 6. LOAN OR LEASE GAP COVERAGE Under SECTION III- PHYSICAL DAMAGE COVERAGE,A. COVERAGE,the following is added: If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay,in the event of a covered total"loss",any unpaid amount due on the lease or loan for a covered"auto", less: (a) The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties,interest or other charges resulting from overdue payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties,Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE, paragraph 4.Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered"loss". We will pay only for those covered "autos"for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending,regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". This coverage is in addition to the otherwise applicable coverage you have on a covered"auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 3 of 6 4 4 8. AIRBAG COVERAGE SECTION III-PHYSICAL DAMAGE,B. EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a, Wear and tear,freezing,mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts,punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following: No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV- BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2. DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an"accident",claim, "suit"or"loss". Knowledge of an"accident", claim,"suit"or"loss"by your"employees"shall not, in itself,constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liability company)has knowledge of the"accident", claim,"suit"or"loss". Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However,if the insured has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, B.GENERAL CONDITIONS,2. CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 CA 71 71 05 08 ..:. ..... ...... Ali { 1ÔA 1 6 A 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered"Auto": Limit of Insurance Deductible $500 . $250 A. Coverage 1. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered"auto"at the time of the"loss"or the equipment is removable from a housing unit that is permanently installed in the covered"auto"at the time of"loss", and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system,in or upon the covered"auto". 2. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any accessories used with the electronic equipment described in paragraph A.1..above. However,this does not include tapes,records or discs. B. Exclusions For purposes of this provision 14, the exclusions that apply to Physical Damage Coverage, except for the exclusion relating to Audio,Visual and Data Electronic Equipment,also apply to coverage provided by this endorsement. In addition,the following exclusions apply: We will not pay,under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: 1, Necessary for the normal operation of the covered"auto"or the monitoring of the covered"auto's" operating system; or 2. Both: a. An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered"auto"; and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment,whether permanently installed or temporarily mounted in or on the covered"auto". C. Limit of Insurance With respect to coverage under provision 14. of this endorsement,the Limit of Insurance provision of Physical Damage Coverage is replaced by the following: 1. The most we will pay for all"loss"to audio,visual or data electronic equipment and any accessories used with this equipment,as described in paragraph A.above, as a result of any one"accident", is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss";or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality;or c. The amount shown in the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 5 of 6 X14 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the"loss". 3. If a repair or replacement results in better than like kind or quality,we will not pay for the amount of betterment. D. Deductible 1. If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A.above,is the result of a"loss"to the covered"auto"under this Coverage Form's Comprehensive or Collision Coverage,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"to audio,visual or data electronic equipment caused by fire or lightning. 2. If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment,as described in paragraph A.above,is the result of a"loss"to the covered"auto"under this Coverage Form's Specified Causes of Loss Coverage,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 3. If"loss"occurs solely to the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. In the event that there is more than one applicable deductible, only the highest deductible will apply. In no event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, is void if CA 99 60, Audio,Visual And Data Electronic Equipment Coverage,is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 6 CA 71 71 05 08 Insured:Traffic Control Devices, Inc. t. f Policy Number GL2028856 Effective Dates: 5/1/2016 to 5/1/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I-COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1.through 6.of this endorsement amend the policy as follows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT(HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g.Aircraft,Auto or Watercraft, paragraph(2)is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; Exclusion g.Aircraft,Auto or Watercraft, paragraph(6)is added as follows: (6) An aircraft that you do not own that is: (a) Hired; (b) Rented; or (c) Loaned to you; with paid crew for a period of five (5)consecutive days or less. Paragraph(6)does not apply if the insured has any other insurance for"bodily injury or"property damage" liability for such aircraft,whether such other insurance is primary, excess, contingent or on any other basis. 3. PREMISES ALIENATED A. Exclusion j. Damage to Property, paragraph (2)is deleted. B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph(2)of this exclusion does not apply if the premises are"your work" and were never occupied, rented or held for rental by you. 4. PROPERTY DAMAGE LIABILITY-ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs(3),(4),and(6)do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 5. PROPERTY DAMAGE LIABILITY-BORROWED EQUIPMENT A. Exclusion j. Damage to Property, paragraph (4)does not apply to"property damage"to borrowed equipment while at a jobsite and not being used to perform operations. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 1 of 10 A B. With respect to any one borrowed equipment item, provision S.A.above does not apply to"property damage"that exceeds$25,000 per occurrence or$25,000 annual aggregate. 6. PRODUCT RECALL EXPENSE A. Exclusion n.Recall Of Products,Work Or Impaired Property does not apply to"product recall expenses"that you incur for the"covered recall"of"your product". This exception to the exclusion does not apply to"product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of"your product",which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of"your product(s)"that have no known or suspected defect solely because a known or suspected defect in another of"your product(s)" has been found. B. Under SECTION III—LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8.is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of"bodily injury"and"property damage"included in the"products-completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. The insurance afforded by provisions 1.through 6.of this endorsement is excess over any valid and collectible insurance(including any deductible)available to the insured whether primary, excess or contingent, and SECTION IV., paragraph 4. Other Insurance is changed accordingly. 7. BLANKET CONTRACTUAL LIABILITY—RAILROADS When a written contract or written agreement requires Contractual Liability- Railroads,the definition of "insured contract"in Section V-Definitions is replaced by the following with respect to operations performed for,or affecting, a railroad: 9. "Insured Contract"means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance,to indemnify a municipality, except in connection with work for a municipality; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 10 CG 70 49 11 09 1 04 14 e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing,approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1)above and supervisory, inspection, architectural or engineering activities. 8. CONTRACTUAL LIABILITY-PERSONAL AND ADVERTISING INJURY Under SECTION 1 -COVERAGE B., paragraph 2. Exclusions, paragraph e.Contractual Liability is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION I-SUPPLEMENTARY PAYMENTS-COVERAGES A AND B, paragraphs 1.b.and 1.d.are deleted and replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. 10. BROADENED WHO IS AN INSURED SECTION II-WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual,you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company, you are an insured.Your"executive officers"and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 3 of 10 c.1 A i 4 2. Each of the following is also an insured: a. Your"volunteer workers" only while performing duties related to the conduct of your business, or your"employees,"other than either your"executive officers,"(if you are an organization other than a partnership,joint venture or limited liability company) or your managers(if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these"employees"or"volunteer workers" are insured for: (1) "Bodily injury"or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture), to your members(if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker" as a consequence of paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs(1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 11.of this endorsement. Paragraphs(1)(a), (1)(b)and (1)(c)above do not apply to your"employees"who are: (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to"bodily injury"to a co-"employee". (2) "Property damage"to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your"employees,""volunteer workers", any partner or member(if you are a partnership or joint venture), or any member(if you are a limited liability company). b. Any person (other than your"employee"or"volunteer worker"),or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50%of the voting stock in such subsidiaries as of the effective date of this policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 10 CG 70 49 11 09 If such subsidiaries are not shown in the Declarations,you must report them to us within 180 days of the inception of your original policy. f. (1) Any person or organization, other than an architect, engineer or surveyor, required to be named as an additional insured in a"work contract", letter of intent or work order. However, such person or organization shall be an additional insured only with respect to covered"bodily injury," "property damage,"and"personal and advertising injury"arising out of"your work" under that "work contract", letter of intent or work order. (2) We will provide additional insured coverage to such person or organization only: (a) for a period of 30 days after the effective date of the applicable"work contract", letter of intent or work order; or (b) until the end of the policy term in effect at the inception of the applicable"work contract", letter of intent or work order; whichever is earlier. (3) Coverage provided under this paragraph f. is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the"work contract", letter of intent or work order requires this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. (4) This paragraph f.does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. g. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any"occurrence"that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", and"personal and advertising injury"arising out of operations performed for the state or municipality; or (2) "Bodily injury"or"property damage"included within the"products-completed operations hazard." i. Any person or organization who is the lessor of equipment leased to you to whom you are obligated by virtue of a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any"occurrence"that takes place after the equipment lease expires. j. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or"your work." Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 5 of 10 1 4 euC a f L. However, no architect, engineer, or surveyor is an insured with respect to"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph j.does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises or land leased to you. However, no such person or organization is an insured with respect to: (1) Any"occurrence"that takes place after you cease to occupy that premises, or cease to lease the land; or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company and over which you maintain ownership or majority interest,will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to"product recall expense"arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization(referred to below as vendor)with whom you agreed, because of a written contract or agreement to provide insurance is an insured, but only with respect to"bodily injury"or "property damage"arising out of"your products"that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in"your product" made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of"your product"; Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 10 CG 70 49 11 09 g. "Your products"which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (1) The exceptions contained in subparagraphs d.or f.;or (2) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization from which you have acquired"your products", or any ingredient, part, or container, entering into, accompanying or containing"your products". No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 11. INCIDENTAL MALPRACTICE LIABILITY As respects provision 10.,SECTION II -WHO IS AN INSURED, paragraph 2.a.(1)(d)does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee"does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III -LIMITS OF INSURANCE, provisions 12.through 14.of this endorsement amend the policy as follows: 12. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A. The requirement under SECTION I -COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B. SECTION III-LIMITS OF INSURANCE, paragraph 7.,the Medical Expense Limit, is subject to all of the terms of SECTION III -LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. C. This provision 13.does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU—SPECIFIC PERILS A. The word fire is changed to"specific perils"where it appears in: 1. The last paragraph of SECTION I—COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event,whether such damage results from a"specific peril"or any combination of"specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III-LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit,which is the greater of: 1. $1,000,000; or Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 7 of 10 4 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14.does not apply if the Damage To Premises Rented To You Limit of SECTION I- COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15.through 17. of this endorsement amend the policy as follows: 15. KNOWLEDGE OF OCCURRENCE Under 2.Duties In The Event Of Occurrence, Offense,Claim,Or Suit, paragraph a.is deleted and replaced and paragraphs e.and f.are added as follows: a. You must see to it that we are notified as soon as practicable of an"occurrence"or an offense, regardless of the amount,which may result in a claim. Knowledge of an"occurrence"or an offense by your "employee(s)"shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers", directors, or managers has knowledge of the"occurrence"or offense. To the extent possible, notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. e. If you report an"occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an`occurrence"to us at the time of the"occurrence"shall not be deemed a violation of paragraphs a., b., and c.above. However, you shall give written notice of this"occurrence"to us as soon you become aware that this"occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated"covered recall"that may result in"product recall expense": (1) Give us prompt notice of any discovery or notification that"your product"must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable after its discovery. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 10 CG 70 49 11 09 17. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) Paragraph 8.Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring"suit"or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if"your work"was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9.When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew If we decide not to renew this Coverage Part,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V-DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f.(1)does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. 20. DEFINITIONS 1. SECTION V—DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of"bodily injury," "property damage,"or"personal and advertising injury," including"personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a"suit"on the merits, in the United States of America(including its territories and possessions), Puerto Rico and Canada. 2. SECTION V—DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in"your product"has resulted or will result in"bodily injury"or"property damage". "Product Recall expenses"mean only reasonable and necessary extra costs,which result from or are related to the recall or withdrawal of"your product"for: a. Telephone and telegraphic communication, radio or television announcements,computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 9 of 10 4 e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of"your products"that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product;and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid"bodily injury"or"property damage". "Specific Perils"means fire; lightning; explosion;windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment;weight of snow, ice or sleet; or"water damage". "Water damage"means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. "Work contract"means a written agreement between you and one or more parties for work to be performed by you or on your behalf. Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 10 CG 70 49 11 09 Cyt ( AI. 4,a 4, 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "As needed by contract and shown on certificate of insurance on file with company" "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." "This endorsement does not apply to policies in Missouri where the employer is in the construction group of coda classifications. According to Section 287.150(61 of the Missouri Statues,a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications." This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/1/2016 Policy No_:WC2028857 Endorsement No. Insured:Traffic Control Devices, Inc. Premium $ Insurance Company:Amerisure Insurance Company Countersigned by WC 00 03 13 Hart Forms&Services ,r_ - . 4-84) Copyright 1983 National Council on Compensation Insurance. Reorders&Services