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Agenda 07/11/2017 Item #16A 207/11/2017 EXECUTIVE SUMMARY Recommendation to award Contract No. 16-7034 in the amount of $654,005 to Control Technologies, Inc., for the purchase, configuration and installation of an Intelight Advanced Traffic Management System, Traffic Signal Controllers and associated components, throughout Collier County and to accept a time extension to Local Agency Program Agreement 433174-1 with the Florida Department of Transportation, until June 30, 2019 (Project No. 33473). OBJECTIVE: To replace the existing Advanced Traffic Management System (ATMS), Traffic Signal Controllers and associated components, throughout Collier County. The current system has reached its end-of-life and can no longer provide the functionalities needed to manage the safe and expeditious movement of vehicle and pedestrian traffic across County roadways. CONSIDERATIONS: Five years ago, staff identified and planned for the replacement of the County’s ATMS, Traffic Signal Controllers and associated components. Staff initiated pursuing funding for those needs through the Collier MPO, culminating in the completion of a study in December 2015, known as Project FPID 430868-1, Collier County Network Study & Analysis (Contract No. 14-6246). Portions of that study, specifically address the replacement and upgrade of the ATMS Software and Traffic Signal Controllers. On June 10, 2016, the Florida Department of Transportation (FDOT) authorized the County to proceed with project 433174-1-98-01, ATMS Software and Controller Update, pursuant to a Local Agency Program (LAP) agreement with the County. The LAP agreement provided for a project cost in the amount of $600,000.00 and specified a December 31, 2018 completion date. On April 7, 2017, the County requested a time extension from the Florida Department of Transportation (FDOT), which was granted, thus extending the duration of the Local Agency Program Agreement (LAP) till June 30, 2019. Subsequently, an RFP was advertised on December 9, 2016 and five (5) proposals were received on January 24, 2017. The Selection committee ranked the firms on March 8, 2017, as follows: 1. Aegis ITS, Inc. 2. Control Technologies 3. Temple, Inc. 4. Transportation Control Systems, Inc. 5. Peek Traffic The top two firms were selected to present to the Committee on March 28, 2017. Following the presentations, the Committee ranked Control Technologies as number one and Aegis ITS second. Negotiations were initiated with Control Technologies and were finalized resulting in a contract amount of $654,005. FISCAL IMPACT: The anticipated cost for the ATMS Software and Controller Update project is $654,005, of which $600,000 is to be reimbursed by FDOT. A budget amendment is necessary to appropriate local funds in the amount of $54,005 for costs exceeding the grant award. The source of local funds is a transfer from the General Fund (001) to the Transportation Capital Fund (310). The ATMS Software, Controller and associated components have a useful life of 5-7 years. The ongoing maintenance costs for hardware, software, user licenses, technical support, and incidental component replacements are estimated at $31,000 per year and will be budgeted within the Transportation Services Fund (101). 07/11/2017 GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County’s Growth Management objectives and produces no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. RECOMMENDATION: To award Contract No. 16-7034 to Control Technologies, Inc for the purchase, configuration and installation of an Intelight ATMS Software and Controller System to be located in the Collier County Traffic Management Center, the Emergency Operations Center, and to authorize the Chair to execute the agreement and necessary budget amendments. Prepared by: Pierre-Marie Beauvoir, Signal Systems Network Specialist, Transportation Engineering Division ATTACHMENT(S) 1. 16-7034 Control Technologies_Contract_VendSign (PDF) 2. [Linked] 16-7034_EXHIBIT E_ CT_Proposal (PDF) 3. Exhibit F 16-7034_Solicitation (PDF) 4. 433174-1 Executed Agreement and NTP (PDF) 5. 16-7034-1st Step Rank 3 8 17 (PDF) 6. Final Rank 2nd Step 3 28 17 (PDF) 7. 16-7034_Solicitation (PDF) 8. 16-7034_NORA (PDF) 9. AMEND 2017 04-14 LAP 433174 EXT TO 2019 06-30 (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 3295 Item Summary: Recommendation to award Contract No. 16-7034 in the amount of $654,005 to Control Technologies, Inc., for the purchase, configuration and installation of an Intelight Advanced Traffic Management System (ATMS), Traffic Signal Controllers and associated components, throughout Collier County and to accept a time extension to Local Agency Program Agreement 433174-1 with the Florida Department of Transportation, until June 30, 2019 (Project No. 33473). Meeting Date: 07/11/2017 Prepared by: Title: Signal Systems Network Specialist – Transportation Engineering Name: Pierre Beauvoir 06/05/2017 3:18 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 06/05/2017 3:18 PM Approved By: Review: Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/05/2017 4:19 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 06/05/2017 4:40 PM Capital Project Planning, Impact Fees, and Program Management Lisa Taylor Additional Reviewer Completed 06/07/2017 2:54 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/07/2017 3:24 PM Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 06/12/2017 5:23 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/13/2017 9:44 AM Procurement Services Brenda Brilhart Additional Reviewer Completed 06/16/2017 11:27 AM Procurement Services Sandra Herrera Additional Reviewer Completed 06/16/2017 1:24 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 06/19/2017 12:54 PM Growth Management Department Gene Shue Additional Reviewer Completed 06/19/2017 2:44 PM Growth Management Department Marlene Messam Additional Reviewer Completed 06/19/2017 4:29 PM Growth Management Department Pierre Beauvoir Level 2 Division Administrator Skipped 06/05/2017 3:38 PM Growth Management Department James French Additional Reviewer Completed 06/19/2017 6:05 PM Grants Kimberly Lingar Level 2 Grants Review Completed 06/20/2017 9:23 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/20/2017 10:16 AM 07/11/2017 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2017 9:15 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 10:21 AM Grants Therese Stanley Additional Reviewer Completed 06/27/2017 4:21 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2017 10:41 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/01/2017 1:19 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM Contract #16-7034 ATMS Software and Controller Update PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2017, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Control Technologies, Inc. authorized to do business in the State of Florida. whose business address is 2776 S. Financial Court, Sanford Florida 32773 hereinafter referred to as the `CONTRACTOR") WITNESSETH: WHEREAS, the OWNER desires to obtain the professional services of the CONTRACTOR concerning the 16-7034 ATMS Software and Controller Update (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONTRACTOR has submitted a proposal for provision of those services; and WHEREAS, the CONTRACTOR represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONTRACTOR'S RESPONSIBILITY 1.1. CONTRACTOR shall provide to OWNER professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONTRACTOR hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONTRACTOR by the O Contract r5-7034 AIMS Softwa_- and Controller Update U OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein 1.3. The CONTRACTOR agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONTRACTOR pursuant to this Agreement. 1 4. The CONTRACTOR agrees that, when the services to be provided hereunder relate to a professional service which. under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to prcvide such services to OWNER. 1 5. CONTRACTOR designates Bill Brown, Vice President as Project Manager, a qualified licensed professional to serve as the CONTRACTOR'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONTRACTOR with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONTRACTOR on all matters arising out of or relating to this Agreement. The CONTRACTOR agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONTRACTOR hereunder. The Project Coordinator shall not be removed by CONTRACTOR from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONTRACTOR agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONTRACTOR, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONTRACTOR to provide and perform services or 2 Contract 13-1 u34 tJkls 5'Yi�Y':afe� zr,G Cort"oli(;f Updalk2 work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONTRACTOR represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONTRACTOR agrees that all services to be provided by CONTRACTOR pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws; statutes, including but not limited to ordinances, codes. rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONTRACTOR hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of n 3 t. ontrac,t 46-7034 ATMS SuT:vvarc� ane ContfoJ ler Upcote �� the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. In the event of any conflicts in these requirements, the CONTRACTOR shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONTRACTOR of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct port€ons of the (month#y) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables. incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Contractor's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Contractor fails to correct the 4 Cu=atres [ iG�V'4 Aifr'l i n COntrollef Update � deficiency within the specified timeframe, these funds would be forfeited by the Contractor. The County may also deduct or charge the Contractor for services and/or items necessary to correct the deficiencies directly related to the Contractor's non-performance whether or not the County obtained substitute performance. 1.8. CONTRACTOR agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONTRACTOR'S obligations hereunder. or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONTRACTOR hereunder, and CONTRACTOR shall require all of its employees, agents, and subcontractors to comply with the provisions of this paragraph. CONTRACTOR shall provide OWNER prompt written notice of any such subpoenas. 1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AuteCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONTRACTOR If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONTRACTOR shall furnish or obtain from others Additional Services of the types fisted in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services (any changes will require prior approval from the granting agency). With respect to the individuals with authority to authorize Additional Coi) .jsA l z -t j:A ATMS 5Gr° oa nl Uo tr - it3t Upci,W' �� Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONTRACTOR for such Additional Services and (ii) an admission by CONTRACTOR that such Work is not additional but rather a part of the Basic Services required of CONTRACTOR hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONTRACTOR in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations; provided that CONTRACTOR has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONTRACTOR knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONTRACTOR'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2A1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONTRACTOR'S control and fault. 61 Contract 16-7034 AThrtS 5cf}ware and Co=, '_�-4er Update 0 2.3 Providing renderings or models for OWNER'S use. 2.4. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONTRACTOR hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONTRACTOR and directed by OWNER. other than visits to the Project site or OWNER's office. 2.7. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONTRACTOR or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9. Additional services rendered by CONTRACTOR in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, 7 ConNa�;: I ii -7034 ATN IS Software ardb controller lJpnatF: `� O interpret and define OWNER'S policies and decisions with respect to CONTRACTOR'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONTRACTOR that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONTRACTOR hereunder-, (b) The time the CONTRACTOR is obligated to commence and complete all such serviceslor (c) The amount of compensation the OWNER is obligated or committed to pay the CONTRACTOR. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONTRACTOR for payment for services and work provided and performed in accordance with this Agreement-, (b) Provide all criteria and information requested by CONTRACTOR as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations-, (c) Upon request from CONTRACTOR, assist CONTRACTOR by placing at CONTRACTOR'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONTRACTOR to enter the Project site to perform the services to be provided by CONTRACTOR under this Agreement.' and (e) Provide notice to CONTRACTOR of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONTRACTOR hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONTRACTOR shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule 68 1 '_GSIhoA i.a r:: ATM6 o «Las and Controller Update attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement 4.2. Should CONTRACTOR be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONTRACTOR, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONTRACTOR shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof. or be deemed to have waived any right which CONTRACTOR may have had to request a time extension for that specific delay. 43 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONTRACTOR'S services from any cause whatsoever, 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'S sole remedy against OWNER will be the right to seek an extension of time to its schedule 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 claims based on late completion. Provided, however, if through no fault or neglect of CONTRACTOR, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONTRACTOR'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONTRACTOR, if any, as a result of such delays. 4.4. Should the CONTRACTOR fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONTRACTOR until such time as the CONTRACTOR resumes performance of its 9 Contract 16-7034 ATNIS Software Ind Contfoiler Update obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONTRACTOR'S performance is or will shortly be back on schedule. 4,5. In no event shall any approval by OWNER authorizing CONTRACTOR to continue performing Work under this 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 or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONTRACTOR shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodology: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the Contractor; and, as a business practice there are no hourly or material invoices presented, rather, the Contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER; CONTRACTOR shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONTRACTOR under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense, may retain copies of the Project Documents for its files and internal use. 10 I Contract 16-7034 ATMS onftware and Controiier Upd fO 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONTRACTOR warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONTRACTOR consents to OWNER'S use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONTRACTOR will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONTRACTOR for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit: inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, 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 CONTRACTOR or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be avaiiable to an indemnified party or person described in this paragraph 8.1. OAO 11 1 Contract 16�'7G34 A E IAS : ,)ftware and Controt!V Update 8.2. The duty to defend under this Article 8 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 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE NINE INSURANCE 9.1. 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 SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County Government.. Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONTRACTOR. 9.3.3. All insurance coverages of CONTRACTOR shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONTRACTOR shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4, The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 12 1 Page Contract 16-703L+ t-, i r,,i6 Software and Controller Update 9 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONTRACTOR, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONTRACTOR obtains the insurance policies required hereunder must meet the following minimum requirements; 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of 'Class VF or higher. ARTICLE TEN SERVICES BY CONTRACTOR'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONTRACTOR'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONTRACTOR, as independent Contractor or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2. The Contractors personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates or dates set forth in the Project Schedule. The Contractor shall not change Key Personnel unless the following conditions are met (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. G 131 *surp C,o,NUai7 if') -=4 ATMS 5o`tw3ru ai;j C uiin,,11er U;� gate 10.3. CONTRACTOR is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement. the CONTRACTOR shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONTRACTOR by the terms of this Agreement, and to assume toward the CONTRACTOR all the obligations and responsibilities which the CONTRACTOR, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONTRACTOR shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subcansultants or sub -subcontractors. 10.4 CONTRACTOR acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONTRACTOR and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1 CONTRACTOR'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONTRACTOR as unsettled at the time of the final payment. Neither the acceptance of CONTRACTOR'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONTRACTOR. 14 1 ARTICLE TWELVE TERMINATION OR SUSPENSION G Contra<.t �6-034 ATM3 So¢tviam and Cnntroker Update 12 1. CONTRACTOR shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONTRACTOR'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONTRACTOR'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONTRACTOR or by any of CONTRACTOR'S principals, officers or directors, or (d) CONTRACTOR'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONTRACTOR'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONTRACTOR seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONTRACTOR was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONTRACTOR provided for in paragraph 12.1: then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONTRACTOR's remedies against OWNER shall be the same as and be limited to those afforded CONTRACTOR under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) ca4endar 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 fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONTRACTOR that are directly attributable to the termination, but CONTRACTOR shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONTRACTOR must mitigate all such costs to the greatest extent reasonably possible. 15 [ Contract 16-7034 ATNts Software and Uprate 12.4 Upon termination and as directed by Owner, the CONTRACTOR shall deliver to the OWNER all original papers, records; documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONTRACTOR'S possession or under its contrcl. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension, If all or any portion of the services to be rendered hereunder are so suspended, the 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 Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONTRACTOR within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) 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 Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONTRACTOR or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONTRACTOR. 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' writter notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONTRACTOR be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN O 16 Contract 16-7034 ATMS Software and Controller Update CONFLICT OF INTEREST 13.1. CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONTRACTOR further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FOURTEEN MODIFICATION 14.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE FIFTEEN NOTICES AND ADDRESS OF RECORD 15.1. All notices required or made pursuant to this Agreement to be given by the CONTRACTOR to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida c/o Traffic Operations Division, Growth Management Department 2885 S. Horseshoe Drive Naples, Florida 34104 Telephone: (239) 252-6066 Attention: Pierre Beauvoir, Signal Systems Network Specialist Email: PierreBeauvoir(a).colliergov.net 15.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONTRACTOR shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONTRACTOR'S address of record: Control Technologies, Inc. 2776 S. Financial Court Sanford, Florida 32773 Telephone: (407) 330-2800 Attention: Bill Brown, Vice President Email: billb(c@ct-west.com QO 17 1 Contract 16-7034 ATMS Software and Cantroker Update 15.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SIXTEEN MISCELLANEOUS 16.1. CONTRACTOR, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 16.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONTRACTOR without the prior written consent of OWNER. 16.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 16.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles. Schedules, Parts and Attachments. 16.6. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 181 Pa91-! Contract 6-� ;a4l ATMS Software and GontroOer Update ��O 16.7. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral; relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 16.8 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 169 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 16.10. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CONTRACTORS PROPOSAL Schedule F RFP # 16-7034 ATMS Software and Controller Update Terms and Conditions (including Granting Agency provisions) ARTICLE SEVENTEEN APPLICABLE LAW 17.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE EIGHTEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 18.1 CONTRACTOR warrants that CONTRACTOR has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, 191 '6-7034 ATMS So`Nvara ,�n�i :u t'fv cr Up, ai, 0 commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. CONTRACTOR'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 18.2. By its execution of this Agreement. CONTRACTOR acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(x) 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 following the date of being placed on the convicted vendor list." ARTICLE NINETEEN DISPUTE RESOLUTION 19.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision- making authority and by 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 CONTRACTOR 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, Florida Statute 19.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 20 I �,;;;rtrao 16-7034 AIMS Soltwae and Controller Update rY �f: ARTICLE TWENTY IMMIGRATION LAW COMPLIANCE 20.1. By executing and entering into this agreement, the CONTRACTOR is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONTRACTOR to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Signature page to following 21 1 Par3e «•7(}34 AIMS 5oftwa{e and Controller Update � ,1 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the ATM Software & Controller Update on the day and year first written above. ATTEST: Dwight E. Brock, Clerk in Date: Approved as to Form and Legality: Deputy County Attorney Name -A��_ Wites Name and Title c V,+�itnesS _C)1 I ' ) � Name and Title 221 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Penny Taylor, Chairman Control Technologies, Inc. By: Name and Title SCHEDULE A SCOPE OF SERVICES COLLIER COUNTY TRAFFIC OPERATIONS TRAFFIC MANAGEMENT CENTER (TMC) #433174-1 — ADVANCED TRAFFIC MANAGEMENT SYSTEM AND CONTROLLERS PROJECT SCOPE PROJECT INFORMATION A. Introduction The purpose of this exhibit is to describe the scope of work and the responsibilities of Contractor in providing Advanced Traffic Management System (ATMS) software and traffic signal controllers for Collier County Traffic Operations. Collier County has been awarded Federal funds for the implementation of this project. The project will be managed by Collier County Traffic Operations. As a result of the Federal funding, oversight of the project will be provided by the Florida Department of Transportation. B. Background The Traffic Management Center (TMC) is the command station that houses the Intelligent Transportation System (ITS) operations. It houses the staff that monitors traffic, disseminates traveler information, and provides on-going incident management services. It is the intent of the County to replace the current traffic management software and controllers with new traffic signal controllers and ATMS software in support of the County's planned expansion of its Intelligent Transportation System (ITS) to optimize traffic signal functions, coordination, as well as TMC operations. C. Existina Conditions Traffic Sianal Controllers Collier County currently operates and maintains 210 traffic intersections in the county. The traffic controllers are manufactured by Siemens and are configured for NEMA TS2-1 and TS2-2 depending on location of the intersection and the traffic cabinet wiring configuration. Traffic Manaaement Software Collier County currently uses Siemens ACTRA ATMS traffic control software to manage the signalized intersections. D. Traffic Signal Controllers The manufacturer or Contractor shall provide 212 new NEMA TS2 Type 2 traffic controllers that meet or exceed industry NEMA and Advanced Transportation Controllers (ATC) Standards and 21 spares for a total of 233 controllers. All electronic components, workmanship, and functionality of the traffic signal controller shall A-1 a Contact 15-7014 ATMS Software arc: Controller L4pdare o'°� conform to the applicable standards for TS -2 traffic signal controllers mandated by the NEMA current edition NEMA Standards Publication TS2-2003 v02.06 for Traffic Controller Assemblies with National Transportation Communications for ITS Protocol (NTCIP) Requirements. The devices must be on the Florida Department of Transportation's Approved Product List (APL) prior to issuance of the Request for Proposal (RFP). The manufacturer or Contractor shall be responsible to ensure that all devices can operate independently. The manufacturer/Contractor shall provide the controllers and any equipment or cables required for installing the controllers into the Collier County traffic signal cabinets, and all required licenses. All controllers and equipment provided shall be fully updated and configured with the latest firmware version by the manufacturer/Contractor before installation by the County. All equipment provided shall support version 4 and version 6 Internet Protocol (IP) network communication addressing, access control, and security features. The controller shall also support Simple Network Management Protocol (SNMP) monitoring. The controller shall have the capability to display detailed status information on each main controller function including controller, coordinator, preemptor, time base, detectors, and malfunction management unit (MMU) status. A Microsoft Windows0 based traffic signal controller emulation software package shall be supplied. The program shall allow the user to program a traffic signal controller on a Windows based computer, and shall be compatible with the latest version of the Windows operating system Control and Coordination Features Control The controller shall be able to support these minimum standards: 1. A Power On Self -Test (POST) feature with continuous automatic diagnostics to verify the essential elements of the controller operation. 2. An alert feature when downloads fail, do not complete, or if errors are detected. 3. Shall support Flashing Yellow Arrow Operations. 4. Features for advance walk; pedestrian clear protect, exclusive pedestrian operations, bike minimum green, pedestrian clear times and second walk, and an extendable walk and pedestrian clearance feature. 5. Features for supporting adaptive red clearance. 6. Features which support the ability to turn pedestrian calls off during the exit from uniform code hash. A-21 Contract 7E-7034 ATMS Software and Controller Uodate OVa 7. A feature to support Measures of Effectiveness (MOE) tools by providing data on volume, speed, and green utilization of phases. Coordination Features The controller shall be able to support these minimum standards: 1. Shall support fixed or floating force -off conditions. 2. Shall support automatic permissive periods. 3. Shall coordinate with crossing arterials and capable of a minimum of 32 coordination patterns. Controller Preemation Features The controller shall be able to support the following preemption features: 1, Transit Signal Priority/Preemption and Emergency Vehicle Priority/ Preemption o Emergency Priority/Preemption shall override Transit Signal Priority/ Preemption 2. A feature to allow Time of Day programs for preemption including for four (4) section flashing yellow left signal heads. It should allow for different preemption modes for protected and protected permissive coordination. 3. A minimum of six (6) high priority and six (6) low priority preemption sequences. The activation of a low priority preemption will not cause the controller to go out of coordinated operations. 4. A feature to support different preemption modes for protected coordination and protected permissive coordination, 5 A feature to support multiple exit preemption options. 6. A feature to support the custom naming of preemptions. 7. Railroad gate down input and timing features. Time -Based Features The controller at a minimum shall be able to support the following time based features: 1. Shall support a minimum of 100 event plans. 2. The ability to support a minimum of 100 fixed or floating exception days. 3. The ability to support a minimum of 100 scheduled programs, configurable for any combination of month(s), day(s), week(s). Each program name shall be customizable. 4. The controller shall contain a feature to schedule lead -lag phasing. A-3 I Contract 16.7034 ATNIS Software and Gontroa ler Update o: \ILOJ Detector Features The controller shall be able to support the following minimum detector features: 1. A minimum of 64 vehicle detectors assignable to multiple phases by user. 2. A minimum of 24 system detectors. 3. Have the ability to map all detectors to lane assignments. 4. Capable of assigning custom labels to any detector. 6. Have the ability to distinguish between a vehicle detector and pedestrian detector fail. 6. Contain a minimum of four (4) or more detector diagnostic plans. 7. Contain a minimum of four (4) or more pedestrian detector plans. & The ability to utilize a variety of unique detector types Logging Features The controller shall be able to support the following minimum logging features: 1. Provide logging of controller. bus interface unit (BIU). MMU and detector failures with descriptive error messages. 2. County staff shall have the ability to view the logging data on the front panel of the controller and retrieve logging data via RS -232 serial port. Ethernet port or USB flash drive. 3. Ability to log, view and retrieve traffic volume/occupancy for a minimum of 24 system detectors. Additional Features 1. Status screens shall have the feature to customize the information displayed. 2. It is desirable for the controller to support digital short range communications (DSRC) protocols, providing Vehicle -to -Infrastructure (V21) interfacing with DRSC and connected vehicle road side equipment. E. ATMS Central Control Software Features The ATMS central control software is an integral part of the Traffic Management Center. The manufacturer or Contractor shall provide a new ATMS central control software package, licensing, and supporting ATMS central control software servers. The ATMS software will replace the current Siemens Actra ATMS traffic control software to command and control the signalized intersections within Collier County. The ATMS central control software shall be capable of supporting all deployed controllers regardless of firmware versions. A-41 Can€Tact 16-7034 ATLIS Software and Carstraller Update O� V A-51 The ATMS program needs to be compatible with the County's Traffic Count Data System managed by Midwest Software Solutions (MS2). The count system software requires user defined count stations and an exportable SOL database or compatible real time count reports. The ATMS central control software provided is expected to be hosted on a Microsoft Windows Server@ operating system with Microsoft Windows SQL Server® to support the database operations. Individual client logins shall be authenticated using Microsoft Windows@ Active Directory. The ATMS central control software shall have a "Bring Your Own Device (BYOD)" mobile device access feature. All costs of software licensing, server, clients, and imagery services shall be included as part of the price for the ATMS central control software. The ATMS central control software provided is expected to contain features required for usability and effectiveness in managing the traffic control system (TCS) and ITS used in Collier County. ATMS Central Control Software Main Interface The ATMS central control software main interface shall be a graphical user interface and shall consist of a main map, The main menu should be easily accessible from the main interface window and consist of top level functions such as database editing, signal controls, logging, and alarms ATMS Central Control Software main interface shall contain notifications of active alarms or alerts. The systems, sections, groups, and intersections within the database shall be visible, searchable, and clickable through a tree view menu from the main interface window and on the main interface map. An intersection shall be searchable by intersection name or by intersection number. Clicking the item once in the tree view shall locate and highlight the intersection on the main interface map and vice versa. Double clicking the intersection in the tree view or main map view shall allow the operator to quickly access a detailed intersection status, and to control, configure, or change intersection settings through a contextual menu. The individual users shall be able re -arrange their prospected tree view of intersections and/or have the ability to customize the location of their most commonly accessed intersections or "favorites" quickly without having to scroll through the entire tree view list of intersections. The customization shall be based at the individual client level and saved between the client sessions. ITS equipment and other ITS elements shall be listed within the tree view and system map to allow for interfacing with the ITS element from the ATMS central control software. Alerts Critical alarms or alerts should be prominently displayed on the ATMS central control software main interface and on all running workstations based on user profiles. The operator should be able to acknowledge, dismiss, prioritize, and filter alerts in the alert list. The system operator Contract 16-7434 ATIAS Software and Controller Update CL�� should be able to define alerts and alarms as low, moderate, high, and critical, as well as with highlighted colors. Operator alerts should be instantly searchable, filterable with either pre -defined values or a user -defined input string. Audible alerts shall have the ability to be system operator defined. System shall have the ability to send alerts/notifications to assigned email addresses. Logging and Reports Log reports shall be searchable using "key -words" to determine intermittent and recurring issues and generating a report showing the frequency of the issues. Changes made to any part of the ATMS database shall be logged and identifiable by the client operator that made them. Logging data shall also be accessible via the ATMS application from the TMC. The ATMS central control software shall be able to produce client customizable reports. At a minimum, the following reports should be available: • Device Configuration Reports • Scheduled Reports • Signal Changes Reports • Detector Event Reports • Split Monitoring Reports • System Event Reports • Upload and compare Reports using a Critical Record Check (CRC) to verify the data is correctly uploaded Detector Volume of Service (VOS) Data Reports should be available including but not limited to the following: • 15 minutes • 30 minutes • Hourly • Daily • Multi -date hourly • Multi -date Daily The ATMS central control software shall have the ability to provide, display, log, and report a Measure of Effectiveness (MOE). The operator shall have the ability to define the location of saved or exported system logs files and reports. The operator shall have the ability to schedule or automate the export of logging and system reports (e.g. Count Data) to multiple file formats including but not limited to Microsoft Excel®, csv, pdf formats. Cardrav 15-7034 ATPAS Software and ControlLer Updaze Controller Interfacin The ATMS central control software shall have the ability to fully interface with the traffic signal controllers running local control software. The ATMS central control software shall fully support all mandatory and optional objects for generic NTCI€' 1201/1202 compliant traffic signal controllers. Features shall include efficient uploading and downloading of the controller database information and the complete set of NTCIP parameters When communicating with controller software, the database editor menus and options shall be self -describing. The local traffic signal controller database editor menu structure and parameter/option names shall be configured similar to the corresponding controller software's front panel. The ATMS central control software should be able to manipulate High Definition Data from the traffic signals controllers. The ATMS central control software shall support "live editing" of database. The system database editor current table view should update continuously with a max refresh rate of less than 2 seconds with currently active data running in field. The ATMS central control software shall be able to schedule split time phasing for both coordinated and free operations. The ATMS central control software shall have ability to name special program days and weeks for intersections. (e.g. Sports event schedules. spring break, holidays, etc.) The ATMS central control software shall be capable of saving a full database and editing offline, uploading, or downloading the database to/from the field device. Uploaded or downloaded database integrity shall be verified by the ATMS central control software using a Critical Record Check (CRC). The ATMS central control software shall be capable of copying and pasting programming data from one intersection to another. The ATMS central control software shall be capable of automatically uploading and comparing local controller databases to the ATMS database at user configured times. Main System Mag The ATMS central control software shall contain a main system map. The software shall support a variety of maps such as GIS based maps, Google based maps, Open Streets maps and Bing maps. Other maps may be supported, however, a minimum of three map sources shall be supported. The client operator shall have the ability to select between having the background reflect maps view, aerial view, street view, or a panoramic view (if available). The main map shall be capable of updating imagery and information without requiring user interaction The main map shall have the ability to real time display incident and traffic data from traffic data feeds to provide real time status of incidents and traffic conditions. A-71 Contract 16-7€334 ATPAS Software and Controller up u, The client operator shall have the ability to toggle the display of incident and traffic information on or off. and to select which types of traffic information is displayed. The main map shall display several levels of details based upon the zoom level of the map within each individual client window. Map zoom level shall be controlled by more than one user interactions i.e. mouse wheel scrolling, software interface slider bar, and magnifying glass selection. It shall be possible to select one or multiple intersections for display in a selected intersection view by clicking on one intersection, or "lassoing' multiple intersections. The user shall be capable of adding or removing single or multiple intersections to the dynamic group without having to reselect all intersections again. All intersections that are selected in this manner shall be visible in the selected intersection view at the same time. As the client zooms in on a particular intersection of the map, additional information shall be shown. At a minimum this shall include individual phase status, current operational status, and current pattern, pedestrian and/or overlap indication status. Clients should be able to toggle or select through a contextual menu device status displays such as main street greens, communications status, color coded signal coordination status, signal coordination pattern number (active), preemption status, and time clock/time drift status. The main map shall alert in the status window and pictorially any intersection where Emergency Vehicle Priority\Preemption is activated. The client operator shall have the ability to toggle the feature on or off. Selected Intersection Functions, Status, and Views The client operator shall have the ability to configure and modified the intersection view within the ATMS central control software without the need for separate graphics editor software. The intersection view background shall be automatically populated with aerials after the intersection/device is located on the main map. Client operators shall also have the ability to add custom static graphics or backgrounds. Intersection view graphics shall be stored in the system SQL database on the system server, The ATMS central control software system shall allow a user to save an existing intersection configuration or view as a "template" for new intersections. The selected intersection view shall display detailed configuration and operational status for the selected intersections. Each item shall be a single icon with a dynamic display. (i.e. Single phase movement status icon displays the Green, Yellow, and Red indications of the configured phase. The view windows at a minimum shall have the ability to show: • Phase Movement (Left, Right, Through, Left/Right 45 degree angles) • Pedestrian Movement (Single object displays walk, flashing don't walk, and don't walk) • Overlap Movement (Left, Right, Through, Left/Right 45 degree angles) • Flashing Yellow Arrow (Flashing Yellow Arrow must flash) • Protected Permissive Left -Turn (displays green ball and green arrow) • Preempt status (displays preempt states) A -a Contract. 16-7034 ATMS Sfathvare and Controiier 1 pdwa A-9 Intersection status windows shall have the ability to be enhanced with client defined data; i.e., controller status window shall be able to display phase numbers and with client labels for approaches such as NB, NBLT, WB, etc. Intersection status windows shall have the ability to display individual detectors on a channel (e.g. 3 detectors coming back to 1 phase). Intersection status windows shall be client customizable to filter information as defined by the client operator. The client operator shall have the ability to view the MMU status in the intersection view window. The client operator shall have the ability to access real time, programmed and historical time space views: and manual and group plan controls from the selected intersection window. The client operator shall have the ability to set a Pedestrian Button "No Activity" period for up to 14 days. The client operator shall have the ability to view and control video sources associated with an intersection from the selected intersection window. The client operator shall have the ability to access other device software associated with the intersection such as uninterruptible power supply (UPS), conflict monitor unit (CMU), MMU, video image detection systems (YIDS), network switches, wireless radios, and ITS equipment. Time of Day Schedules TOD TOD schedules should be searchable and filterable. Duplicate or conflicting TOD entries shall be highlighted, flagged, or not allowed (input control). The ATMS central control software shall have the ability to group TOD schedules at a minimum, by time and event categories. The ATMS central control software shall have the ability to present TOD entries in a tabular format for simpler troubleshooting, modification and correction, TOD schedule edits shall be logged by the ATMS central control software system allowing client operators to review changes. The initial changes and revision history should be archived so that previous versions of TOD schedules can be rolled back. The ATMS central control software shall be capable of scheduling split monitoring reports by Time of Day for multiple pattern changes. Detection and Counts The ATMS central control software shat.i have the ability to map detectors for a minimum of 24 user -defined count stations and other count groupings with lane and direction assignment labels. The ATMS central control software shall have the ability to display count stations and intersection counts independent from each other. The ATMS central control software shall have the ability to export count data in standard formats. Any counter should be counted independently by the ATMS central control software to a Contract 18-7034 ATMS 5oft"re and controller Update minimum of 24 detectors. The ATMS central control software shall keep count station and counter log files and stored report data separate from the intersection configuration data and from detection logs, etc. The data log files should be capable of being automatically exported to a secondary database storage location. The data log files should be viewable with graphs. ATMS Central Control Software Communication At a minimum, the ATMS central control software shall support any combination of the following communications methods: • Ethernet • Fiber Optic • Wireless Ethernet • Cellular ATMS Central Control Intelligent Transportation System (ITS) Capabilities At a minimum, the ATMS central control software shall support interfacing of the following ITS technologies: + Closed Circuit Television (CCN) Cameras + Microwave Detectors • Bluetooth Detectors • Dynamic Message Signs (DMS) • Video Image Detection (VID) F. Contractor Responsibilities All existing controller settings and signal timings shall be converted and/or transferred from the current ATMS and controllers by the manufacturer or Contractor prior to installation of equipment by the County. The manufacturer or Contractor shall submit a documented description of the intended process and procedure for transferring the current ATMS and controller data to the new equipment for County approval. The manufacturer or Contractor shall submit a quality assurance plan and quality assurance checklist to the County for approval. The manufacturer or Contractor shall verify that all software and equipment has been properly configured prior to installation by the County. The controller manufacturer or Contractor shall provide and document 48 hours of bench controller operational testing, at an agreed location, prior to field installation by the County. The manufacturer or Contractor shall be available 24 hours a day to provide product support and troubleshooting during the installation phase. The manufacturer or Contractor shall consider a ninety (90) work day installation phase. A-10IP,a�� Contract 16-7034 f AIMS 5oftwaro and C:ontrollet Updato The manufacturer or Contractor shall supply and install redundant servers for the ATMS central control software that meet the requirements outlined in the Minimum Technical Requirements (MTR) The manufacturer or Contractor will be required to configure the new ATMS Central Control Software and new traffic signal controllers. The manufacturer or Contractor wili be required to populate the provided ATMS central control software with all the initial intersection data, maps, graphics, and client information. The Contractor shall supply 16 intersections of MaxAdapt Adaptive Software Licenses for use as a Trial/Demo as well as set-up and support. The corridor chosen by the County shall have detection suitable for the proper operation of MaxAdapt. If a corridor can't be located that meets the detection requirements. than the County will provide at their cost the needed detection to meet the detection requirements. G. Training In addition to the training requirements described in the MTRs, the manufacturer or Contractor shall provide training and assistance to the County staff outlining the manufacturer's recommended procedures for installing the new controllers. The manufacturer or Contractor shall provide onsite assistance to County staff during the installation phase, until both agree that the staff understands the manufacturers recommended installation procedures. A project training plan for training the TMC staff in the operation of all systems under this RFP shall be provided. H Testing A systems engineering test plan shall be provided to ensure that all systems meet their manufacturers' requirements once fulky integrated and operational and prior to acceptance by the County Prior to acceptance by the County all equipment and systems provided must be operational and functioning as required by the County and meet all criteria as set forth in this RFP and the MTRs. I. Contractor Responsibilities In addition to the above requirements: 1 The manufacturer or Contractor shall ensure proper coordination with County staff and other ongoing or planned projects that may be affected by this project. 2 The manufacturer or Contractor shall ensure all operations are maintained to the maximum extent practicable during the installation phase of the ATMS Central Control Software. TMC operations shall be closely coordinated with the County's project manager. J. County Responsibilities 1. County's Information Contract 16-7034 ATMS Software and Controller Upe a. Upon request, the County shall provide all known available information regarding the requirements for this project. 2. County's Representative: a. The County shall designate a representative who shall be fully acquainted with the project. The representative shall render decisions promptly and furnish information expeditiously. 3. County Access: a. The County shall provide access for the manufacturer or Contractor to the necessary facilities during normal business hours or as approved by the County's project manager. Neogtiated Deliverables: mK____ Description System Servers with SQL Workstations MaxView Centeral Software Countywide * Quantity 2 3 License 1 Supply and Installation of "D" Cable 4 Intelight X3 Traffic Controllers with MaxTime 50 Software Intelight X3 Traffic Controllers (Spare) 5 MaxTime Software Training 12 days MaxView Software Training 12 days * MaxView Centeral Software License Countywide: This includes County License for a maximum of 315 Intersections. Pricing includes license rights for geographical extents of Collier County, Phase II Description Quantity Intelight X3 Traffic Controllers with MaxTime 50 Software Intelight X3 Traffic Controllers (Spare) 5 MS2 System Intergration 1 MaxAdapt Licenses 1 16 A-121Page Contract 15-,1034 ATMS Software and Controller Upda AO Phase III Description Quantity Intelight X3 Traffic Controllers with MaxTime Software 50 Intelight X3 Traffic Controllers (Spare) 5 Phase IV Description Quantity Intelight X3 Traffic Controllers with MaxTime Software 50 Intelight X3 Traffic Controllers (Spare) 5 Phase V Description Quantity Intelight X3 Traffic Controllers with MaxTime Software 12 Intelight X3 Traffic Controllers (Spare) 1 Phase VI Description Acceptance Testing 5 days MaxAdapt Software Training 2 days Phase VII Description Observation Period 32 A-13 , - Contract 16-110M ATMS Software and Controiler Update SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONTRACTOR shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONTRACTOR B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the Milestone payments to CONTRACTOR in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed. Description Phase I — Servers. Workstations, MaxView Central Software, 4 each "D" Cables. 50 each X3 Traffic Controllers, 5 each Spare X3 Traffic Controllers, MaxView Training, and MaxTime Training. Phase Il — 50 each X3 Traffic Controllers, 5 each Spare X3 Traffic Controllers, and MS2 Integration and 16 MaxAdapt Licenses. Phase III — 50 each X3 Traffic Controllers and 5 each Spare X3 Traffic Controllers Phase IV — 50 each X3 Traffic Controllers and 5 each Spare X3 Traffic Controllers Phase V — 12 each X3 Traffic Controllers and 1 Spare X3 Traffic Controller Phase VI --- Acceptance Testing and MaxAdapt Training Phase VII — Observation Period TOTAL COST for Phases I -VII Lump Sum Payment Schedule $ 292.915.00 � Upon Percent Complete of Task $ 109,775.04 I Upon Percent Complete of Task $ 104,775.00 Upon Percent Complete of Task Upon Percent Complete of Task $ 104,775.00 $ 24,765.00 Upon Percent Complete of Task Upon Percent Complete of Task $ 8,500.00 8,500.00 Upon Percent Complete of Task 54.005.00 B.2.2. The fees noted in Section B.2 1. shall constitute the amounts to be paid to CONTRACTOR for the performance of the Basic Services, including all cost associated with travel and per diem. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONTRACTOR a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONTRACTOR for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. C-1 I Contract 16-7034 A rMS Software and Controller Update CAC!' B.2.5. Notwithstanding anything in the Agreement to the contrary, CONTRACTOR acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement. CONTRACTOR shall continue to perform the Sery€ces required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONTRACTOR all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONTRACTOR shall submit. with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONTRACTOR shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 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 non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONTRACTOR for correction. Invoices shall be submitted on CONTRACTOR'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONTRACTOR as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 8.3.4.1.2. Other items on request and approved in writing by the OWNER. C-2 Cwtract 1 6 703 1iiY15 Sof oaare raikci Controller UnciAkio)� SCHEDULE C PROJECT MILESTONE SCHEDULE Total Project Timeline 190 Calendar Days *Phases of the Project are meant to be sequential, but some overlap (due to parallel activities) or gaps between phases may occur C-3 Con*ract 16-7034 ATMS Software and Gontral r g to Q Cumulative Number of Calendar Days For Completion from Date Phase of Notice to Proceed Description for Services under this Agreement (*Some Phases Overlap) Phase I Delivery of Servers, Workstations, MaxView 7 - 14 days Central Software, 4 each "D" Cables, 50 each X3 Traffic Controllers, 5 each Spare X3 Traffic Controllers, MaxView Training, and MaxTirne Training, Phase II Delivery of 50 each X3 Traffic Controllers, 5 45 Days each Spare X3 Traffic Controllers, MS2 Integration and 16 MaxAda t Licenses. Phase III Delivery of 50 each X3 Traffic Controllers and 5 75 Days each Spare X3 Traffic Controllers Phase IV Delivery of 50 each X3 Traffic Controllers and 5 105 Days each Spare X3 Traffic Controllers Phase V Delivery of 12 each X3 Traffic Controllers and 1 135 Days Spare X3 Traffic Controller Phase VI Acceptance Test and MaxAdapt Training 145 Days Phase VII Observation Period — 30 Das 190 Days Total Project Timeline 190 Calendar Days *Phases of the Project are meant to be sequential, but some overlap (due to parallel activities) or gaps between phases may occur C-3 Con*ract 16-7034 ATMS Software and Gontral r g to Q SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverage, CONTRACTOR 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 CONTRACTORS sole responsibility. All self-insured retentions or deductibles will be (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance are acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONTRACTOR evidencing the fact that CONTRACTOR has acquired and put in place the insurance coverage and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverage afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by CONTRACTOR from its insurer, and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall D-1 Contract 96-7034 ATMS Software and Controker Update ny 0 immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverage of the CONTRACTOR shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6)The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONTRACTOR shall require each of its subcontractors to procure and maintain; until the completion of the subcontractor's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONTRACTOR not maintain the insurance coverage required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the CONTRACTOR for such coverage purchased If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the D-21 Contract 16-103+4 ATMS Software and Controller updapr"N [ `9-C)) OWNER with such renewal certificate(s) shall be deemed a material breach by CONTRACTOR and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONTRACTOR during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than; a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) X $500,000 Each Accident (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONTRACTOR. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: X Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $1,000,000 Aggregate S2,000,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided Cao D -z Contract 16-7034 ATMS Swtiware and Controller Update under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONTRACTOR. Deductibles or self-insured retentions carried by the CONTRACTOR shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government, shall be named as an Additional insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONTRACTOR for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONTRACTOR and, if so. such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverage required herein and shall include all coverage on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. OTHER INSURANCE Required by this Agreement? X Yes No Technology Errors and Omissions X $1,000,000 per occurrence DA aCAO Contract 16-7034 ATPV1S Software and Controller Ux4tte, (1) Any deductible applicable to any claim shall be the sole responsibility of the CONTRACTOR. Deductible amounts are subject to the approval of the OWNER. (2) The CONTRACTOR shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (3) The policy retroactive date will always be prior to the date services were first performed by CONTRACTOR or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONTRACTOR shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONTRACTOR shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by CONTRACTOR from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONTRACTOR shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. END OF SCHEDULE D Ci Contract 16-7034 ATMs Sofiwarc and Controller Updat ` 0 SCHEDULE E CONTRACTOR'S AGREED UPON PROPOSAL (following this page) E-1 Collier County  RFP# 16‐7034  TITLE:  ATMS Software and Controller Update  DUE DATE & TIME: Tuesday, Jan. 24, 2017@  3:00 PM LOCAL TIME    Submitted By:  Control Technologies, Inc.  2776 S. Financial Court  Sanford, FL  32773  Ph:  407‐330‐2800      REQUEST FOR PROPOSAL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FHWA Funded LAP Program #433174-1-98-01 RFP 16-7034 ATMS Software and Controller Update Brenda Brilhart, Procurement Strategist (239) 252-8446 (Telephone) (239) 252-6697 (Fax) brendabrilhart@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16-7034 ATMS Software & Controller Update 2 Table of Contents LEGAL NOTICE .................................................................................................................................................................. 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................................................................... 7 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................10 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................13 ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................21 ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................22 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................23 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................24 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................26 ATTACHMENT 6: VENDOR SUBSTITUTE W – 9 .................................................................................................................27 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................................................................28 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................................................................................................30 EXHIBIT A – PROJECT SCOPE ……………………………………………………………………………………………………………………………………..31 EXHIBIT B – GRANTING AGENCY PROVISIONS & FORMS (Provided in separate file) 16-7034 ATMS Software & Controller Update 3 Legal Notice Sealed Proposals to provide ATMS Software and Controller Update will be received until 3:00 PM Naples local time, on January 12, 2017 at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. RFP 16-7034 ATMS Software and Controller Update Services to be provided may include, but not be limited to the following: It is the intent of the County to replace the current traffic management software and controllers with new traffic signal controllers and ATMS software in support of the County’s planned expansion of its Intelligent Transportation System (ITS) to optimize traffic signal functions, coordination, and TMC operations. A pre-proposal meeting will not be held for this solicitation. All statements shall be made upon the official proposal form which may be obtained on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Edward F. Coyman Director, Procurement Services This Public Notice was posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G", Collier County Government Center on December 9, 2016. 16-7034 ATMS Software & Controller Update 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Department (hereinafter, Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Brief Description of Purchase The County has been awarded $600,000.00 in funds from FHW A for this project. See Exhibit A – Scope of Services for more details. It is the intent of the County to award to one firm. Term of Contract The County intends to negotiate an agreement with the number one ranked firm. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 12/9/2016 Last Date for Receipt of Written Questions 5:00 PM 1/5/2017 Pre-solicitation meeting N/A Addendum Issued By 1/9/2017 Solicitation Deadline Date and Time 3:00 PM 1/12/2017 Anticipated Evaluation of Submittals Week of 1/16/2017 Vendor Presentations if Required TBD Anticipated Completion of Contract Negotiations By 2/15/2017 Anticipated Board of County Commissioner’s Contract Approval By 3/30/2017 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. 16-7034 ATMS Software & Controller Update 5 The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Tab I, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. Tab II: ATMS Software Functionality And Compliance (35 points/20 Page limit) In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. Tab III: Technical Experience with Controller deployments and ATMS Deployment/ (25 Points/ 15 Page limit) In this tab, include: • Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members’ successful experience in working with one another on previous projects. • List Current Projects in the Format Identified Below Project Description Start Date End Date Original Budget Final Project Cost Number of Change Orders Tab III: Cost of Services to the County (10 Points/3 Page Limit) In this tab, include: • Provide the projected total cost and estimated calendar day duration (including projected hours) for which your firm will provide the work as described in this RFP. • Provide proposed fee schedule of principals and staff (including sub-consultants). Tab IV: Previous Performance on Similar Projects (15 Points/5 Page Limit) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. 16-7034 ATMS Software & Controller Update 6 • Attach resumes of any sub-consultants and attach letters of intent from stated sub- consultants must be included with proposal submission. Tab V: References (10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal directly to the Procurement Strategist at the fax number listed on the first page or via email. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. The Selection Committee will review the vendor’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab Vl: Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VIl: Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Granting Requirements – Forms Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Functionality and Compliance 35 Tab III, Technical Experience 25 Tab IV, Cost to the County Tab V, Previous Performance 10 20 Tab VI, References 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the Committee will be asked to break the tie based on the evaluation criteria as presented in this RFP. 16-7034 ATMS Software & Controller Update 7 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be uploaded electronically on the County’s on line bidding system: www.colliergov.net/bid before 3:00 PM, Naples local time, on or before January 12, 2017. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 16-7034 ATMS Software & Controller Update 8 8. Evaluation of Proposals The County’s procedure for selecting is as follows: 1) The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2) The Request for Proposal is issued. 3) Subsequent to the closing date for the proposals, the Procurement professional will conduct a preliminary review of the proposals received and review each proposal to determine if it’s responsive to the requirements of the published RFP. 4) Selection committee meetings will be open to the public and the Procurement professional will publicly post notice of such meeting(s) in the lobby of the Procurement Services Division Building, County calendar and on the County’s Procurement Services Internet site. Public meeting dates and times should be posted with at least three (3) days in advance on the County’s website calendar. 5) Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form. Committee members will individually prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. Although it is a tool, the signed form will become part of the final procurement record. 6) At the scheduled selection meeting, the members will present their independent conclusions and comments based on their reading and interpretation of the materials presented to each other, and they may ask questions of one another 7) The Selection Committee reserves the right to hold oral presentations and establish a rank order for presentations. In any of the selection committee meeting deliberations, by consensus, members may request to invite firms in to clarify their proposals, ask for additional information, present materials, interview, and ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 8) Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. Once final rank is completed by the Committee, the public will be permitted to provide comments (limited to three (3) minutes). 9) After final consensus of the ranking, staff will subsequently enter into negotiations. Recommendation of contract award is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 9. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 16-7034 ATMS Software & Controller Update 9 10. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to negotiate with the 2nd ranked firm or to re-advertise using the same or revised documentation, at its sole discretion. 16-7034 ATMS Software & Controller Update 10 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right 16-7034 ATMS Software & Controller Update 11 to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against 16-7034 ATMS Software & Controller Update 12 discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation 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. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 16-7034 ATMS Software & Controller Update 13 Exhibit IV: Additional Terms and Conditions for RFP 1. 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 the Insurance and Bonding attachment of this solicitation. The Vendor shall 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. Collier County Board of County Commissioners shall be named as the Certificate Holder. 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 "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, 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(s) 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 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 or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve 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. 16-7034 ATMS Software & Controller Update 14 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) 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 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 coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) 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. 2. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 3. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing. 4. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts. To this end, vendors will be evaluated on their performance throughout the duration of this Agreement. 5. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County’s project manager shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 6. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department 16-7034 ATMS Software & Controller Update 15 ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional – payment by check, wire transfer or other cash equivalent. • Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or 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 non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 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 of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 16-7034 ATMS Software & Controller Update 16 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. 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. 8. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 9. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 10. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 11. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 16-7034 ATMS Software & Controller Update 17 12. 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 Proposal. 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 Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, 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. 13. Public Records Compliance Florida Public Records Law Chapter 119, including 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. 14. Certificate of Authority to Conduct Business in the State of Florida (Florida 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 16-7034 ATMS Software & Controller Update 18 cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 16. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of Solicitation 16-7034 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 17. Protest Procedures Any prospective vendor/proposer who desire to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Procurement Services Division on Wednesdays and Thursdays. Any actual or prospective respondent 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 County 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 and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 18. Public Entity Crime 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 following the date of being placed on the convicted vendor list. 19. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background 16-7034 ATMS Software & Controller Update 19 checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@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. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance 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. 22. Immigration Affidavit Certification 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. • Where the requirement for the affidavit is waived by the Board of County Commissioners 16-7034 ATMS Software & Controller Update 20 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 Bidder/Vendor does not comply with providing both the acceptable E-Verify e vidence 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 responsibility 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. 16-7034 ATMS Software & Controller Update 21 Attachment 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to RFP 16-7034 ATMS Software and Controller Update for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: ___________________________________________________________________________ _____________________________________________________________________________ _______________________________________________________________________ Other reason(s):_____________________________________________________________ _____________________________________________________________________________ _________________________________________________________________________ ___________________________________________________________________________ Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _______________________________________ Date ____________ 16-7034 ATMS Software & Controller Update 22 Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date ______________ 16-7034 ATMS Software & Controller Update 23 Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: RFP 16-7034 ATMS Software and Controller Update does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. 3. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: ____________________________________________________________________________________ Signature and Date:_________________________________________________________________________ Print Name: _______________________________________________________________________________ Title of Signatory: __________________________________________________________________________ State of_____________________________________ County of ____________________________________ SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20__________, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. __________________________________________________________ _____________________________ Notary Public Commission Expiration 16-7034 ATMS Software & Controller Update 24 Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 16-7034 ATMS Software and Controller Update Dear Commissioners: The undersigned, as Contractor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced Solicitation RFP 16-7034 ATMS Software and Controller Update. (Proposal Continued on Next Page) 16-7034 ATMS Software & Controller Update 25 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20 in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: _________________________________ Email _________________________________ 16-7034 ATMS Software & Controller Update 26 Attachment 5: Immigration Affidavit Certification Solicitation: RFP 16-7034 ATMS Software and Controller Update This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ____day of ___________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ 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. 16-7034 ATMS Software & Controller Update 27 Attachment 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (includin g 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 inform ation, which will be used for no other purpose than herein stated. Please complete all information that applies to yo ur business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ___________________________________________________________________________________ (as shown on income tax return) Business Name ___________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City _______________________________________________ State ______________________________________ Zip ________________________________________________ Telephone __________________ FAX ______________________ Email __________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip ______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company 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) _______________________________________________________________ (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 ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Indemnification To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ __________ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence 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 Technology Errors & Omissions $1,000,000 Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $__________ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate Professional Liability $__________ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate 16-7034 ATMS Software & Controller Update 29 Valuable Papers Insurance $__________ Per Occurrence Employee Dishonesty / Crime $__________ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Comm issioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the 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 11/4/2016 ______________________________________________________________________________________________ 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 _________________ 16-7034 ATMS Software & Controller Update 30 Attachment 8: Reference Questionnaire Solicitation: RFP 16-7034 ATMS Software and Controller Update Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Change Orders - Dollars Added : _________________ Change Orders - Days Added: __________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please EMAIL or FAX this completed survey to: BrendaBrilhart@colliergov.net or fax (239) 252-6697 By January 12, 2017. 16-7034 ATMS Software & Controller Update 31 EXHIBIT A COLLIER COUNTY TRAFFIC OPERATIONS TRAFFIC MANAGEMENT CENTER (TMC) #433174-1 – ADVANCED TRAFFIC MANAGEMENT SYSTEM AND CONTROLLERS PROJECT SCOPE PROJECT INFORMATION A. Introduction The purpose of this exhibit is to describe the scope of work and the responsibilities of vendors interested in providing Advanced Traffic Management System (ATMS) software and traffic signal controllers for Collier County Traffic Operations. Collier County has been awarded Federal funds for the implementation of this project. The project will be managed by Collier County Traffic Operations. As a result of the Federal funding, oversight of the project will be provided by the Florida Department of Transportation. B. Background The Traffic Management Center (TMC) is the command station that houses the Intelligent Transportation System (ITS) operations. It houses the staff that monitors traffic, disseminates traveler information, and provides on-going incident management services. It is the intent of the County to replace the current traffic management software and controllers with new traffic signal controllers and ATMS software in support of the County’s planned expansion of its Intelligent Transportation System (ITS) to optimize traffic signal functions, coordination, as well as TMC operations. C. Existing Conditions Traffic Signal Controllers Collier County currently operates and maintains 210 traffic intersections in the county. The traffic controllers are manufactured by Siemens and are configured for NEMA TS2-1 and TS2-2 depending on location of the intersection and the traffic cabinet wiring configuration. Traffic Management Software Collier County currently uses Siemens ACTRA ATMS traffic control software to manage the signalized intersections. D. Traffic Signal Controllers The manufacturer or vendor shall provide 300 new NEMA TS2 Type 2 traffic controllers that meet or exceed industry NEMA and Advanced Transportation Controllers (ATC) Standards. All electronic components, workmanship, and functionality of the traffic signal controller shall conform to the applicable standards for TS-2 traffic signal controllers mandated by the NEMA current edition NEMA Standards Publication TS2-2003 v02.06 for Traffic Controller Assemblies with 16-7034 ATMS Software & Controller Update 32 National Transportation Communications for ITS Protocol (NTCIP) Requirements. The devices must be on the Florida Department of Transportation’s Approved Product List (APL) prior to issuance of the Request for Proposal (RFP). The manufacturer or vendor shall be responsible to ensure that all devices can operate independently. The manufacturer/vendor shall provide the controllers and any equipment or cables required for installing the controllers into the Collier County traffic signal cabinets, and all required licenses. All controllers and equipment provided shall be fully updated and configured with the latest firmware version by the manufacturer/vendor before installation by the County. All equipment provided shall support version 4 and version 6 Internet Protocol (IP) network communication addressing, access control, and security features. The controller shall also support Simple Network Management Protocol (SNMP) monitoring. The controller shall have the capability to display detailed status information on each main controller function including controller, coordinator, preemptor, time base, detectors, and malfunction management unit (MMU) status. A Microsoft Windows® based traffic signal controller emulation software package shall be supplied. The program shall allow the user to program a traffic signal controller on a Windows based computer, and shall be compatible with the latest version of the Windows operating system. Control and Coordination Features Control The controller shall be able to support these minimum standards: 1. A Power On Self-Test (POST) feature with continuous automatic diagnostics to verify the essential elements of the controller operation. 2. An alert feature when downloads fail, do not complete, or if errors are detected. 3. Shall support Flashing Yellow Arrow Operations. 4. Features for advance walk, pedestrian clear protect, exclusive pedestrian operations, bike minimum green, pedestrian clear times and second walk, and an extendable walk and pedestrian clearance feature. 5. Features for supporting adaptive red clearance. 6. Features which support the ability to turn pedestrian calls off during the exit from uniform code flash. 7. A feature to support Measures of Effectiveness (MOE) tools by providing data on volume, speed, and green utilization of phases. Coordination Features The controller shall be able to support these minimum standards: 1. Shall support fixed or floating force-off conditions. 16-7034 ATMS Software & Controller Update 33 2. Shall support automatic permissive periods. 3. Shall coordinate with crossing arterials and capable of a minimum of 32 coordination patterns. Controller Preemption Features The controller shall be able to support the following preemption features: 1. Transit Signal Priority/Preemption and Emergency Vehicle Priority/ Preemption o Emergency Priority/Preemption shall override Transit Signal Priority/ Preemption 2. A feature to allow Time of Day programs for preemption including for four (4) section flashing yellow left signal heads. It should allow for different preemption modes for protected and protected permissive coordination. 3. A minimum of six (6) high priority and six (6) low priority preemption sequences. The activation of a low priority preemption will not cause the controller to go out of coordinated operations. 4. A feature to support different preemption modes for protected coordination and protected permissive coordination. 5. A feature to support multiple exit preemption options. 6. A feature to support the custom naming of preemptions. 7. Railroad gate down input and timing features. Time-Based Features The controller at a minimum shall be able to support the following time based features: 1. Shall support a minimum of 100 event plans. 2. The ability to support a minimum of 100 fixed or floating exception days. 3. The ability to support a minimum of 100 scheduled programs, configurable for any combination of month(s), day(s), week(s). Each program name shall be customizable. 4. The controller shall contain a feature to schedule lead-lag phasing. Detector Features The controller shall be able to support the following minimum detector features: 1. A minimum of 64 vehicle detectors assignable to multiple phases by user. 2. A minimum of 24 system detectors. 3. Have the ability to map all detectors to lane assignments. 16-7034 ATMS Software & Controller Update 34 4. Capable of assigning custom labels to any detector. 5. Have the ability to distinguish between a vehicle detector and pedestrian detector fail. 6. Contain a minimum of four (4) or more detector diagnostic plans. 7. Contain a minimum of four (4) or more pedestrian detector plans. 8. The ability to utilize a variety of unique detector types Logging Features The controller shall be able to support the following minimum logging features: 1. Provide logging of controller, bus interface unit (BIU), MMU and detector failures with descriptive error messages. 2. County staff shall have the ability to view the logging data on the front panel of the controller and retrieve logging data via RS-232 serial port, Ethernet port or USB flash drive. 3. Ability to log, view and retrieve traffic volume/occupancy for a minimum of 24 system detectors. Additional Features 1. Status screens shall have the feature to customize the information displayed. 2. It is desirable for the controller to support digital short range communications (DSRC) protocols, providing Vehicle-to-Infrastructure (V2I) interfacing with DRSC and connected vehicle road side equipment. E. ATMS Central Control Software Features The ATMS central control software is an integral part of the Traffic Management Center. The manufacturer or vendor shall provide a new ATMS central control software package, licensing, and supporting ATMS central control software servers. The ATMS software will replace the current Siemens Actra ATMS traffic control software to command and control the signalized intersections within Collier County. The ATMS central control software shall be capable of supporting all deployed controllers regardless of firmware versions. The ATMS program needs to be compatible with the County’s Traffic Count Data System managed by Midwest Software Solutions (MS2). The count system software requires user defined count stations and an exportable SQL database or compatible real time count reports. The ATMS central control software provided is expected to be hosted on a Microsoft Windows Server® operating system with Microsoft Windows SQL Server® to support the database operations. Individual client logins shall be authenticated using Microsoft Windows® Active Directory. The ATMS central control software shall have a “Bring Your Own Device (BYOD)” mobile device access feature. 16-7034 ATMS Software & Controller Update 35 All costs of software licensing, server, clients, and imagery services shall be included as part of the price for the ATMS central control software. The ATMS central control software provided is expected to contain features required for usability and effectiveness in managing the traffic control system (TCS) and ITS used in Collier County. ATMS Central Control Software Main Interface The ATMS central control software main interface shall be a graphical user interface and shall consist of a main map. The main menu should be easily accessible from the main interface window and consist of top level functions such as database editing, signal controls, logging, and alarms. ATMS Central Control Software main interface shall contain notifications of active alarms or alerts. The systems, sections, groups, and intersections within the database shall be visible, searchable, and clickable through a tree view menu from the main interface window and on the main interface map. An intersection shall be searchable by intersection name or by intersection number. Clicking the item once in the tree view shall locate and highlight the intersection on the main interface map and vice versa. Double clicking the intersection in the tree view or main map view shall allow the operator to quickly access a detailed intersection status, and to control, configure, or change intersection settings through a contextual menu. The individual users shall be able re-arrange their prospected tree view of intersections and/or have the ability to customize the location of their most commonly accessed intersections or “favorites” quickly without having to scroll through the entire tree view list of intersections. The customization shall be based at the individual client level and saved between the client sessions. ITS equipment and other ITS elements shall be listed within the tree view and system map to allow for interfacing with the ITS element from the ATMS central control software. Alerts Critical alarms or alerts should be prominently displayed on the ATMS central control software main interface and on all running workstations based on user profiles. The operator should be able to acknowledge, dismiss, prioritize, and filter alerts in the alert list. The system operator should be able to define alerts and alarms as low, moderate, high, and critical, as well as with highlighted colors. Operator alerts should be instantly searchable, filterable with either pre‐defined values or a user‐defined input string. Audible alerts shall have the ability to be system operator defined. System shall have the ability to send alerts/notifications to assigned email addresses. Logging and Reports Log reports shall be searchable using “key-words” to determine intermittent and recurring issues and generating a report showing the frequency of the issues. Changes made to any part of the ATMS database shall be logged and identifiable by the client operator that made them. 16-7034 ATMS Software & Controller Update 36 Logging data shall also be accessible via the ATMS application from the TMC. The ATMS central control software shall be able to produce client customizable reports. At a minimum, the following reports should be available: • Device Configuration Reports • Scheduled Reports • Signal Changes Reports • Detector Event Reports • Split Monitoring Reports • System Event Reports • Upload and compare Reports using a Critical Record Check (CRC) to verify the data is correctly uploaded Detector Volume of Service (VOS) Data Reports should be available including but not limited to the following: • 15 minutes • 30 minutes • Hourly • Daily • Multi-date hourly • Multi-date Daily The ATMS central control software shall have the ability to provide, display, log, and report a Measure of Effectiveness (MOE). The operator shall have the ability to define the location of saved or exported system logs files and reports. The operator shall have the ability to schedule or automate the export of logging and system reports (e.g. Count Data) to multiple file formats including but not limited to Microsoft Excel®, csv, pdf formats. Controller Interfacing The ATMS central control software shall have the ability to fully interface with the traffic signal controllers running local control software. The ATMS central control software shall fully support all mandatory and optional objects for generic NTCIP 1201/1202 compliant traffic signal controllers. Features shall include efficient uploading and downloading of the controller database information and the complete set of NTCIP parameters. When communicating with controller software, the database editor menus and options shall be self- describing. The local traffic signal controller database editor menu structure and parameter/option names shall be configured similar to the corresponding controller software’s front panel. The ATMS central control software should be able to manipulate High Definition Data from the traffic signals controllers. The ATMS central control software shall support “live editing” of database. The system database editor current table view should update continuously with a max refresh rate of less than 2 seconds with currently active data running in field. 16-7034 ATMS Software & Controller Update 37 The ATMS central control software shall be able to schedule split time phasing for both coordinated and free operations. The ATMS central control software shall have ability to name special program days and weeks for intersections. (e.g. Sports event schedules, spring break, holidays, etc.) The ATMS central control software shall be capable of saving a full database and editing offline, uploading, or downloading the database to/from the field device. Uploaded or downloaded database integrity shall be verified by the ATMS central control software using a Critical Record Check (CRC). The ATMS central control software shall be capable of copying and pasting programming data from one intersection to another. The ATMS central control software shall be capable of automatically uploading and comparing local controller databases to the ATMS database at user configured times. Main System Map The ATMS central control software shall contain a main system map. The software shall support a variety of maps such as GIS based maps, Google based maps, Open Streets maps and Bing maps. Other maps may be supported, however, a minimum of three map sources shall be supported. The client operator shall have the ability to select between having the background reflect maps view, aerial view, street view, or a panoramic view (if available). The main map shall be capable of updating imagery and information without requiring user interaction. The main map shall have the ability to real time display incident and traffic data from traffic data feeds to provide real time status of incidents and traffic conditions. The client operator shall have the ability to toggle the display of incident and traffic information on or off, and to select which types of traffic information is displayed. The main map shall display several levels of details based upon the zoom level of the map within each individual client window. Map zoom level shall be controlled by more than one user interactions i.e. mouse wheel scrolling, software interface slider bar, and magnifying glass selection. It shall be possible to select one or multiple intersections for display in a selected intersection view by clicking on one intersection, or “lassoing” multiple intersections. The user shall be capable of adding or removing single or multiple intersections to the dynamic group without having to reselect all intersections again. All intersections that are selected in this manner shall be visible in the selected intersection view at the same time. As the client zooms in on a particular intersection of the map, additional information shall be shown. At a minimum this shall include individual phase status, current operational status, and current pattern, pedestrian and/or overlap indication status. Clients should be able to toggle or select through a contextual menu device status displays such as main street greens, communications status, color coded signal coordination status, signal coordination pattern number (active), preemption status, and time clock/time drift status. The main map shall alert in the status window and pictorially any intersection where Emergency 16-7034 ATMS Software & Controller Update 38 Vehicle Priority\Preemption is activated. The client operator shall have the ability to toggle the feature on or off. Selected Intersection Functions, Status, and Views The client operator shall have the ability to configure and modified the intersection view within the ATMS central control software without the need for separate graphics editor software. The intersection view background shall be automatically populated with aerials after the intersection/device is located on the main map. Client operators shall also have the ability to add custom static graphics or backgrounds. Intersection view graphics shall be stored in the system SQL database on the system server. The ATMS central control software system shall allow a user to save an existing intersection configuration or view as a “template” for new intersections. The selected intersection view shall display detailed configuration and operational status for the selected intersections. Each item shall be a single icon with a dynamic display. (i.e. Single phase movement status icon displays the Green, Yellow, and Red indications of the configured phase. The view windows at a minimum shall have the ability to show: • Phase Movement (Left, Right, Through, Left/Right 45 degree angles) • Pedestrian Movement (Single object displays walk, flashing don’t walk, and don’t walk) • Overlap Movement (Left, Right, Through, Left/Right 45 degree angles) • Flashing Yellow Arrow (Flashing Yellow Arrow must flash) • Protected Permissive Left-Turn (displays green ball and green arrow) • Preempt status (displays preempt states) Intersection status windows shall have the ability to be enhanced with client defined data; i.e., controller status window shall be able to display phase numbers and with client labels for approaches such as NB, NBLT, WB, etc. Intersection status windows shall have the ability to display individual detectors on a channel (e.g. 3 detectors coming back to 1 phase). Intersection status windows shall be client customizable to filter information as defined by the client operator. The client operator shall have the ability to view the MMU status in the intersection view window. The client operator shall have the ability to access real time, programmed and historical time space views, and manual and group plan controls from the selected intersection window. The client operator shall have the ability to set a Pedestrian Button "No Activity" period for up to 14 days. The client operator shall have the ability to view and control video sources associated with an intersection from the selected intersection window. The client operator shall have the ability to access other device software associated with the intersection such as uninterruptible power supply (UPS), conflict monitor unit (CMU), MMU, video image detection systems (VIDS), network switches, wireless radios, and ITS equipment. Time of Day Schedules (TOD) 16-7034 ATMS Software & Controller Update 39 TOD schedules should be searchable and filterable. Duplicate or conflicting TOD entries shall be highlighted, flagged, or not allowed (input control). The ATMS central control software shall have the ability to group TOD schedules at a minimum, by time and event categories. The ATMS central control software shall have the ability to present TOD entries in a tabular format for simpler troubleshooting, modification and correction. TOD schedule edits shall be logged by the ATMS central control software system allowing client operators to review changes. The initial changes and revision history should be archived so that previous versions of TOD schedules can be rolled back. The ATMS central control software shall be capable of scheduling split monitoring reports by Time of Day for multiple pattern changes. Detection and Counts The ATMS central control software shall have the ability to map detectors for a minimum of 24 user‐defined count stations and other count groupings with lane and direction assignment labels. The ATMS central control software shall have the ability to display count stations and intersection counts independent from each other. The ATMS central control software shall have the ability to export count data in standard formats. Any counter should be counted independently by the ATMS central control software to a minimum of 24 detectors. The ATMS central control software shall keep count station and counter log files and stored report data separate from the intersection configuration data and from detection logs, etc. The data log files should be capable of being automatically exported to a secondary database storage location. The data log files should be viewable with graphs. Intersection Inventory The ATMS central control software shall have the ability to store, search, filter, and sort inventory from the traffic controller such as type, make, model, serial numbers, firmware and software revisions, service history etc., in the database. ATMS Central Control Software Communications At a minimum, the ATMS central control software shall support any combination of the following communications methods: • Ethernet • Fiber Optic • Wireless Ethernet • Cellular ATMS Central Control Intelligent Transportation System (ITS) Capabilities At a minimum, the ATMS central control software shall support interfacing of the following ITS technologies: • Closed Circuit Television (CCTV) Cameras 16-7034 ATMS Software & Controller Update 40 • Microwave Detectors • Bluetooth Detectors • Dynamic Message Signs (DMS) • Video Image Detection (VID) F. Vendor Responsibilities All existing controller settings and signal timings shall be converted and/or transferred from the current ATMS and controllers by the manufacturer or vendor prior to installation of equipment by the County. The manufacturer or vendor shall submit a documented description of the intended process and procedure for transferring the current ATMS and controller data to the new equipment for County approval. The manufacturer or vendor shall submit a quality assurance plan and quality assurance checklist to the County for approval. The manufacturer or vendor shall verify that all software and equipment has been properly configured prior to installation by the County. The controller manufacturer or vendor shall provide and document 48 hours of bench controller operational testing, at an agreed location, prior to field installation by the County. The manufacturer or vendor shall be available 24 hours a day to provide product support and troubleshooting during the installation phase. The manufacturer or vendor shall consider a ninety (90) work day installation phase. The manufacturer or vendor shall supply and install redundant servers for the ATMS central control software that meet the requirements outlined in the Minimum Technical Requirements (MTR). The manufacturer or vendor will be required to configure the new ATMS Central Control Software and new traffic signal controllers. The manufacturer or vendor will be required to populate the provided ATMS central control software with all the initial intersection data, maps, graphics, and client information. G. Training In addition to the training requirements described in the MTRs, the manufacturer or vendor shall provide training and assistance to the County staff outlining the manufacturer’s recommended procedures for installing the new controllers. The manufacturer or vendor shall provide onsite assistance to County staff during the installation phase, until both agree that the staff understands the manufacturers recommended installation procedures. A project training plan for training the TMC staff in the operation of all systems under this RFP shall be provided. H. Testing A systems engineering test plan shall be provided to ensure that all systems meet their manufacturers’ requirements once fully integrated and operational and prior to acceptance by the 16-7034 ATMS Software & Controller Update 41 County. Prior to acceptance by the County all equipment and systems provided must be operational and functioning as required by the County and meet all criteria as set forth in this RFP and the MTRs. I. Contractor Responsibilities In addition to the above requirements: 1. The manufacturer or vendor shall ensure proper coordination with County staff and other ongoing, or planned projects that may be affected by this project. 2. The manufacturer or vendor shall ensure all operations are maintained to the maximum extent practicable during the installation phase of the ATMS Central Control Software. TMC operations shall be closely coordinated with the County’s project manager. J. County Responsibilities 1. County’s Information: a. Upon request, the County shall provide all known available information regarding the requirements for this project. 2. County’s Representative: a. The County shall designate a representative who shall be fully acquainted with the project. The representative shall render decisions promptly and furnish information expeditiously. 3. County Access: a. The County shall provide access for the manufacturer or vendor to the necessary facilities during normal business hours or as approved by the County’s project manager. 1 ADDENDUM #1 Memorandum Date: January 5, 2017 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: RFP 16-7034 ATMS Software and Controller Update The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: • The due date for this RFP has been extended until 3:00 PM January 19, 2017. • Revise the following Tabs and points as follows: Tab III IV: Cost of Services to the County (10 Points/3 Page Limit) Tab IV: Previous Performance on Similar Projects (15 20 Points/5 Page Limit) Tab VI: References (10 Points) Tab VlI: Acceptance of Conditions Tab VIIl: Required Form Submittals C: Pierre Beauvoir, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #2 Memorandum Date: January 12, 2017 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #2 RFP 16-7034 ATMS Software and Controller Update The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: Tab II: ATMS Software Functionality And Compliance (35 points/20 Page limit) In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. QUESTIONS/ANSWERS: • Q: The DBE participation goal for FYs 2015-2017 is 9.91% for FHWA assisted contracts. A: The County’s intent is to attempt to achieve the goal or show that they used good faith efforts to meet. • Q: In Tab II – ATMS Software Functionality And Compliance – is the report requested a report from an agency regarding their usage of our ATMS software or a sample of a report/reports generated by the software? A: Please provide sample reports that the software generates. Note: Language deleted has been struck through. New language has been underlined. C: Pierre Beauvoir, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #3 Memorandum Date: January 17, 2017 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #3: RFP 16-7034 ATMS Software and Controller Update The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: • The due date for this RFP has been extended until 3:00 PM January 24, 2017. C: Pierre Beauvoir, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 FDOT Florida Department of Transportation RICK SCOTT 605 Suwannee Street GOVERNOR Tallahassee, FL 32399-0450 June 3, 2016 Collier County Traffic Management Pierre -Marie Beauvoir, Network Specialist 2885 S. Horseshoe Drive Naples, FL 34104 RE: NOTICE TO PROCEED Financial Project #: Agency Federal Aid Project #: Contract #: Description: Dear Mr. Beauvoir: 433174-1-98-01 Collier County 8886 886 A GOB79 TMOC Software Update JIM BOXOLD SECRETARY In accordance with SECTION 6 of the Local Agency Program (LAP) Agreement, dated June 3, 2016 between the Department and Collier County for the purchase of software for the Traffic Management Operations Center, you are hereby authorized to proceed on this project. All associated project activities are to begin on or after June 3, 2016 and be completed on or before May 31, 2017. If Collier County is not able to meet the project schedule, the District LAP Coordinator should be notified as soon as possible. A copy of this Notice to Proceed must be uploaded into LAPIT along with the entire executed contract. Collier County will also need to send written correspondence to my attention of the commencement and completion of the phase. Please be mindful that Collier County shall be obligated to submit an invoice to the Department for the percentage of work that is complete for this project no less frequently than on a quarterly basis from the date of this NTP. Upon completion of the project phase, the Department will have forty-five (45) working days after receipt of the invoice to review, inspect and approve the project phase for payment. Please contact Charles Reed at (863) 519-2907 a week or more before commencing with the purchasing process to discuss invoicing activities. If I can be of further assistance, please contact me at (863) 519-2665 or e-mail at jim.martin(a),dot.state.fl.us Sincerely, Ji artin Local Agency Program Coordinator FDOT, District One www.dot.state.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-08115 Page 1 a' 15 FPN: 433174-1-98-01 Fund: ACSU/SU FLAIR Approp: Federal No: 8886 886 A Org Code: z FLAIR Obj: '7 R oo o c. FPN: _ Federal No: FPN: _ Federal No: Fund: FLAIR Approp: Org Code: FLAIR Obj: _ Fund: FLAIR Approp: Org Code: FLAIR Obj: _ County No: 0 3 /dol I i e-rl Contract No: /;d B% at Vendor No: F591o0ao$54/ 0L FDOT Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: -7 6„ q 9 '7'7 q U Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction r 11 THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is made and entered into this day of J;rne, , 2016 between the State of Florida, Department of Transportation, an agency of the State of Florida ("Department"), and Collier County Board of County Commissioners, 3299 Tamiami Trail East, Suite 300 Naples, Florida 34112 ("Agency"). NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: 1. Authority: The Agency, by Resolution No. 0201 —I Oa dated the aLday of 2016, a copy of which is attached as Exhibit "F" and made a part of this Agreement, has authorized its officers* execute this Agreement on its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the updating of software at the Collier County Traffic Operations and Management Center, as further described in Exhibit' Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Agency agrees to complete the Project on or before May 31, 2017. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 4. Project Cost: A. The total cost of the Project is $ 600.000.00 (Six hundred thousand dollars). This amount is based upon the schedule of funding in Exhibit "B", Schedule of Funding attached to and incorporated in this Agreement. The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 5.1. B. The Department agrees to participate in the Project cost up to the maximum amount of $600.000.00 (Six hundred thousand dollars) and as more fully described in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: C90 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52541040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-0W5 Page 2015 I. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; Ii. Availability of funds as stated in subparagraphs 51. and 5.M. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments: A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. D. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. F. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. G. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the O STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-08!15 Page 5 o115 Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. H. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Departments Comptroller. J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. K. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. M. In the event this Agreement is in excess of $$25,000 and has a term for a period of more than one year, the provisions of Section 339, 1 35(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the DSO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"1040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-08/15 Page d of 15 comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; B. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or E. The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: I. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; it. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; 101 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08115 Page 5 of 15 Iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; A. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and consultant staff at all stages of the Project. B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department on a quarterly basis, beginning from the day the NTP is issued. if the Agency fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the "FHWA" removing any unbilled funding or the loss of State appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de -certification of the Agency for future LAP Projects. No cost may be incurred under this Agreement until after the Agency has received a written NTP from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. C. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the Department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects, unless authorized pursuant to Exhibit "G", State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Agency to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. E. The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. G. Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in a 0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-08115 Page 8 of 15 parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. A. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. B. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency expends a total amount of federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a federal single or program - specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit "1", Federal Financial Assistance (Single Audit Act) to this Agreement provides the required federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining federal awards expended in a fiscal year, the Agency must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. .o" O STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 060-05/15 Page T M 15 ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. iii. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards, the Agency is exempt from federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSin.gleAuditaC)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httos:/Iharvester,census.gov/facweb/ the audit reporting package as required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and for audits required by 2 GFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAuditCa dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. if the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT oco 08MS Page 6 of 15 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAud it(o)dot.state.fl. us C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.B. below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress on Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub -contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement unless the records are exempt. E. Upon receipt of any final termination or suspension notice under this paragraph g., the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the N STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-08/15 Pege 9 0115 basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 10. Contracts of the Agency: A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. B. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. C. The Agency shall comply with, and require is consultants and contractors to comply with applicable federal law pertaining to the use of Federal -aid funds. The Agency shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit "C", FHWA 1273 attached to and incorporated in this Agreement. The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work on the Project. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGD-oen5 Page 10 of 15 A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvementloversight. B. The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include the attached Exhibit "E", Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. C. 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 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 may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. D. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 may not transact business with any public entity. E. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or Indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGD -08115 Page 11 of 15 connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. G. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and Insurance: A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity." B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Agency shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation taw. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Agency shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self M STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGCr 08115 Page 12 of 15 Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Miscellaneous Provisions: A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. C. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. I. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC 08!15 Page 13 of 15 J. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. L. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ❑ will ❑ will not maintain the improvements made for their useful life. M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. N. The Agency: I. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and ii. shall expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. R. Exhibits i. Exhibit "A", Project Description and Responsibilities, is attached and incorporated into this Agreement. ii. Exhibit "B", Schedule of Funding, is attached and incorporated into this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 0815 Page 14 d 15 iii. ❑ If this Project includes Phase 58 (construction) activities, then Exhibit "C", FHWA FORM 1273, is attached and incorporated into this Agreement. iv. ❑ An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this Project, then Exhibit "D", Alternative Pay Method, is attached and incorporated into this Agreement. v. Exhibit "E", Title VI Assurances is attached and incorporated into this Agreement. vi. Exhibit "F", the Agency Resolution authorizing entry into this Agreement, is attached and incorporated into this Agreement. vii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "G", State Funds Addendum, is attached and incorporated into this Agreement. viii. ❑ This Project is located off the State Highway System and includes funding for landscaping. If this Project is located off the State Highway System and includes funding for landscaping, then Exhibit "L"is attached and incorporated into this Agreement. ix. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "R" is attached and incorporated into this Agreement. x. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "RL" is attached and incorporated into this Agreement. xi. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "T" is attached and incorporated into this Agreement. xii. Exhibit "1", Federal Financial Assistance (Single Audit Act) is attached and incorporated into this Agreement. xiii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "2", State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. The remainder of this page intentionally left blank. TO \ V \/\✓ 4 IN IT AGENC L D7; By: Name: Title: C Attest: Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-08!15 Page 15 of 15 WHEREOF, the parties have executed this Agreement on the day and year written above. A ER COU TY le Cved s o fo an le alit Scot. Teach, Deputy County Attorney STATE OFA' DEP R T OF TRANSPORTATION By: J Name: Bille Hattaway, P.E. Title: District One Secretary or Designee Legal Review: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT 1 FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: https://www.cfda.gov! Award Amount: $600,000.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A 525-010-40 PROGRAM MANAGEMENT ins Page 1 M 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards littp://www.ecfr.goy/ OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations httt ://www,whitehouse.gov/sites/default/files/omb/assets/al33/a133 revised 2007.pdf OMB Circular A-133 Compliance Supplement 2014 http://www.whitel)ouse.gov/omb/circulars/al33 compliance supplement 2014 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments http:/lwww.whiteliouse.gov/omb/circulars a087 2004/ OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments http://www.w[iitehouse.gov/ornb/circulars a102/ Title 23 — Highways, United States Code httpa/uscode.house.gov/browse/�eelim title23&edition=prelim Title 49 — Transportation, United States Code http://uscode. house.gov/browse/preli m(�i)title49&edition=prelim Map -21 — Moving Ahead for Progress in the 21 st Century, Public Law 112-141 http://www.qpo.gov/fdsVs/pkq/PLAW-112pubil41 /pdf/PLAW-1 12publl41.pdf Federal Highway Administration — Florida Division littp:N%vww.fhwa.dot.gov/fldiv/ Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) httos://wvA,v.fsrs.gov/ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01010 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGc-08115 Page 1 W 5 PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 433174-1-98-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System, PROJECT LENGTH AND MILE POST LIMITS: N/A PROJECT DESCRIPTION: Collier County Traffic Operations is undertaking a project to replace and update approximately 215 Siemens M50 Traffic Signal Controllers and our multi-user Advanced Traffic Management Software (ATMS) ACTRA, for the Traffic Management Center (TMC). The plan is to issue a Request for Proposal (RFP) to individual vendors and/or manufacturers for this acquisition. 1. Project Scope The following are the minimum requirements and performance criteria for the Advanced Traffic Management Software and new or updated Controllers -To accommodate approximately 215 Signalized intersections. •AII equipment be fully updated and configured to the latest firmware version •AII existing settings and coordinating timing will be converted or transferred from the current ATMS by the manufacture or vendor prior to installation of equipment by staff. A support manufacturing/vendor representative will be available during the installation phase to coordinate all transfer of data and reconfiguring of the ATMS and Controllers. -The ATMS software should be capable of future expansion beyond the 215 signalized intersections. The ATMS software should also provide for expandability of the system to include future ITS and ATMS devices. -The integration of future devices and systems should require minimal modifications to the ATMS software. •AII equipment provided shall be NTCIP Compliant, supporting the latest Internet Protocol (IP) network communication addressing, access control and security features. The Controller should also support Simple Network Machine Protocol (SNMP) monitoring and be compatible with the existing ITS devices. -Proposed controllers and cabinets should be listed on the Department's Approved Product List (APL). -The new ATMS network infrastructure should have a Primary and Backup Server and capable of being hosted on a virtual environment for both Servers and Workstations. -The Physical Network Server equipment and all appropriate software licensing for their Operating Systems regular or virtual will have the following. a. Including One (1) Main Server and One (1) Back-up Server with a Virtual Server interface is preferred. b. A Vival Desktop Interface (VDI) or Citrix XenApp virtual application delivery for the client workstation software would be the preferred option for the Twenty (20) required Client Workstations licenses c. The Workstation Client Software will need to be compatible with Microsoft 7 or later Operating Systems with Windows 10 preferred. d. All Mobile Device supported feature software and network interface equipment shall be included in the initial price. e. Any additional or optional software licensing or hardware costs that provide expanded ATMS capabilities beyond the initial RFP requirements or the competing proposals shall be included within the initial bid proposal, but should be listed separately for easy review by the review committee. Please note that additional free options or features will count G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT DOC -0&15 Page 2 & 5 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES for extra points during the review process. -The Advanced Traffic Management System should meet or address these requirements: 1.Detectors a.The ATMS needs be able to map detectors for all 64 user -defined count stations or other count groupings with Lane and Direction assignment labels. b.Count Stations should be independent and they should be exported in a standard format. Any counter should be counted independently by the ATMS to a minimum of 64 phases. c.The Database should keep log files and stored report data separate from the intersection configuration data and from detection logs, etc. The data log files should be capable of being automatically exported to a secondary database storage location 2.Logging a.The ATMS should be able to generate an Alerts Log Report and be able to properly filter and categorize intermittent and recurring issues generating a report showing the frequency of the issues pre -determined by user. b.Any changes to any part of the ATMS database should be identified by the Operator that made them. Separate individual logins based off of a Single Sign On system using Active Directory should be standard. The system change history should be archived & searchable by obvious fields. c.The following Reports should be available on the ATMS: 1.A Device Configuration Report 2.Schedule Report 3.Signal Changes Report 4.Detector Event Report 5.Split Monitoring Report 6.A System Event Report 7.An Upload and Compare Report using a Critical Record Check (CRC) to verify the data is correctly uploaded. d.Detector Volume of Service (VOS) Data Reports should be available including but not limited to the following: 1.Daily 2. Hourly 3.Multi-date hourly 4.Multi-date Daily 3.Alerts a.Critical alerts should be prominently displayed in red or with bright shading on a dashboard or in the running log, b.Operators should be able to prioritize and filter alerts in the dashboard, the status display and the operator log as an Operator defined Low, Moderate, High, or CRITICAL alert. c.Operator alerts should be instantly searchable, filterable with either pre -defined values or a user -defined input string. d.Audible alerts should be Operator defined, and not just a toggle on or off beep for all alerts 4.Status a.Status screens should be enhanced with Operator defined data; for example, controller status screen must show Phase numbers and labels for NB, NBLT, WB, etc. Approaches. b.Status screens should be customizable to filter the useful and less useful information as defined by the Operator. 5.Intersection Data a.The ATMS should have ability to name special program days and weeks for intersections (e.g. Sports Event Schedule, Spring Break, etc.) b.All incomplete downloads and errors shall be notified with an alert message to indicate there is a failure. c.Ability to name or label pre-emption configurations (NB, SB_ etc) d.The ATMS should have a good configurable map interface for general. For example Google Maps or ArcGIS API would be ideal. OG)B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC - 08!15 Page 3 d 5 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES e.On the system map, coordinated intersections should give Green/Red returns, not just the ones running under system control. 6.Time of Day Schedules (TOD) a.Should be searchable and filterable (TOD schedule of even moderate complexity quickly becomes unwieldy) b.Duplicate or conflicting TOD entries need to be highlighted, flagged, or not allowed (input control). c.TOD plans should be presented in a tabular format for simpler troubleshooting, modification and correction. d.TOD schedule edits should be logged so Operators can review changes. The initial changes and revision history should be archived so that previous version of TOD schedule can be rolled back. e.TOD schedules should be grouped by grouped by time and event category for intersection operation only; and should not be another way to automate daily report logging 7.General Usability a.Shall have the ability to make adjustments on the fly (e.g. from status screen, put a phase in recall, or move multiple intersections into standby at the same time) b.lnclude features that extend the functionality of the database beyond being a simple mirror of the controller programming (e.g. place to attach intersection -specific files; screens to input intersection inventory; graphical representation of intersection layout with a full map and active labeled phasing. It should provide open modules that are not restricted. c.Help files need to be easily accessed, extensive and actually helpful with frequent updates for new software versions. It is often that help files are lacking in detail and not written from a users' perspective. In such a case, support should be available, by phone, email or chat, within 4 hours of a reported issue to the vendor. d.ln general -the ATMS application should be robust enough to reflect the daily operation of a modern TMC and the fact that many people may have to access a workstation running the software and modifying it continuously not just viewing the interface. e.The ATMS should include a real time, programmed, historical, time space diagram screen. f.Saving logs and reports need to be user definable and able to save a profile setting so the default file save location isn't "TEMP" folder. 8.Feature List a.The ATMS should provide editable description fields to enter into the database which phase belongs to which directional movement and overlaps. b.The ATMS should provide a searchable system schedule with a way to filter system alerts for audible alarms with highlighting and color coordinated alarms in the Operators log. c.Needs to be able to put a manual pedestrian call in phases above 8 d.The ATMS program needs to be compatible with the County's Traffic Count Data System managed by Midwest Software Solutions (MS2. The Count System software requires user defined count stations and an exportable SQL database or a count file report that is preferably in real time e.Be able to turn a pedestrian call off after uniform code flash. f.Cannot manually put pedestrian or vehicle recalls into any phase above 8 (9-16). g.When performing an upload and compare the operator should be able to save individual parameter changes. h.Automatically export scheduled reports to multiple file formats Excel, CSV, PDF files (e.g. Count Data) i.The ATMS and Controller should provide at least 100 exception days j.The ATMS and Controller should have at least 40 change point per pattern k.Reports should show the difference in diagnostic reports between detector fails and pedestrian fails. I,The ATMS should be able to manipulate High Definition Data from Controllers m.The ATMS should provide Measure of Effectiveness (MOE) n.The ATMS should be able to copy and paste time of day programs from one intersection to another. o. Have the ability to set a Pedestrian Button "No Activity" period for 7 to 14 days. p.Should have a MMU status display. q.The Intersection should show a history for the difference/changes between the Controller and the Display Map for all Intersection data display screens. Should be able to make Controller changes from the Display Screens r.The ATMS should check for Critical Record Check (CRC) and be able to run it for all intersections or individual ®} intersections. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA NAGEMENT OAG - ENT Page 4 of 5 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES s.Should be able to display Individual detectors on a channel (e.g. 3 detectors coming back to 1 phase) t.Be able to record intersection phasing and timing on request. u.The ATMS should be able to Schedule split time phasing for both coordinated and free operations. v.The ATMS should be capable of Mobile device access w.The ATMS should be capable of scheduling split monitoring report by Time of Day for multiple pattern changes. -The Controller shall meet these minimum requirements: 13he Controller's device physical memory, processor speed, the capacity of assignable detectors, and the number of available coordination plans should be posted in the initial proposal document prominently for the actual Controller being offered. 27he Controller should support at least four (4) copper Ethernet 10/100 ports and at least two (2) USB ports. 3.The Controller shall support a data transfer of programming data using a use a USB data transfer to upload Controller Programming directly and/or by using an optional Data Key Reader with a Data Key 47he proposed Controller should meet or exceed industry National Electrical Manufacturers Association (NEMA) and ATC 5.2b standards. 5.Controller shall be a NEMA TS2 Type 2 Signal Controller. 6.The Controller should not detect watchdog fails that are not valid. All Detectors failures should be properly defined. 7.Controller must support configurations with Flashing Yellow Arrow Operation 8 ATMS and Controller should have the ability to program Time of Day for Preemption. Especially for 4 section flashing yellow left signal heads. There should be different preemption modes for protected coordination and protected permissive coordination. 9.The System Map showing Collier County should be an integrated base map, which should update automatically with the new roadways periodically. The System Map should not be statically based. 10.AIl traffic controller assemblies and cabinets must provide functionality that meets or exceeds requirements from Section 670 and 671 of the Standard Specifications for Road and Bridge Construction, July 2016. -The selected Vendor will be responsible to provide all deliverables with the proper configurations of all equipment firmware and software items listed in the proposal before final acceptance. 1.Controllers loaded with the most current firmware, all the accommodating adapters, cables, and required equipment to install the Controllers in the County's and City of Naples existing Traffic Signal Cabinets. 2.AII required hardware and software components as listed in the proposal for the ATMS. 3.Final project acceptance is contingent on the receipt of all pre -configured equipment and software for final installation. It is the Vendors responsibility to verify that all software and equipment has been properly pre -configured prior to installation by the CCTO and City of Naples Traffic Operations staff. 4.The Vendor shall provide an ATMS and Controller programming data translation/transfer from the existing ATMS and Eagle Controllers databases to the proposed system. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Equipment Purchases will be completed on or before May 31, 2017 U STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGO - 08116 Page 5 of 5 EXHIBIT "A" .�.��19_X�lY'�I�3N;�1>7[i];y�1�7:7�.97�7691 yl�l it�y If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: If this schedule cannot be met, the Agency will notify the Department in writing prior to March 31, 2017 with a revised schedule or the project is subject to the withdrawal of federal funding. All work to be conducted outside of the Department Right -of -Way shall adhere to 1) The 2014 Florida Greenbook standards, as amended 2) At a minimum follow the LAP Specifications All work to be conducted within the Department Right -of -Way shall adhere to the following 1) The FDOT standard specification for road and bridge construction, 2014 edition as amended, and 2) The FDOT roadway and traffic design standard, 2013 edition as amended and design criteria from the PPM, 2014 edition as amended. For all projects the following will apply: 1) Section 287.055, F.S. "Consultants Competitive Negotiation Act," when acquiring a consultant utilizing federal funds 2) FDOT "Project Development and Environmental Manual" 3) The Local Agency Program Manual The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the construction phase, the Department will have forty-five (45) days after receipt of the Agency's final construction invoice to review, inspect and approve the construction phase for payment. All other invoices for project phases and all other progress payments shall be processed in accordance with the Department's procedures and guidelines for invoice processing. The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis. The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently in Fiscal Year 2015/2016 and 2016/17. OA Q STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010408 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT OGC-08115 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 433174-1-98-01 Collier County, Board of County Commissioners 3299 Tamiami Trail, Suite 700 Naples, FL 34112 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. FUNDING TYPE OF WORK By Fiscal Year 1) TOTAL PROJECT FUNDS (2) LOCAL FUNDS (3) STATE FUNDS (a) FEDERAL FUNDS Planning -18 FY: FY: _ FY: Total Planning Cost Project Development 8 Environment (PD&E) - 28 FY: — FY: — FY: — Total PD&E Cost Design - 38 FY: FY: _ FY: _ Total Design Cost fight -of -Way -48 FY: FY: _ FY: _ _ Total Right -of -Way Cost Construction -58 FY: FY: _ — FY: — FY: — Total Construction Cost Construction Engineering and Inspection (CEI)- 68 FY: — FY: — FY: — Total CEI Cost Equipment Purchase – 98 FY: 15116 $400.000.00 $400.000.00 FY: 16/17 $200.000.00 $200.000.00 FY: — Total Equipment Costs $600.000.00 $600,000.00 TOTAL COST OF THE PROJECT $600,000.00 $600,000.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040E LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGC- 08115 Page 1 d 2 Exhibit "E" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub -contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub -contract, including procurements of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or 063 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 01F LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGG 08115 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub -contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d at seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles it and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40F LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-08!15 Page 1 of i EXHIBIT "F" AGENCY RESOLUTION The agency Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. RESOLUTION NO. 2016 - 108 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIR TO EXECUTE THE ATTACHED LOCAL AGENCY PROGRAM AGREEMENT PROVIDING FOR FUNDING FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO UPDATE THE COLLIER COUNTY TRAFFIC OPERATIONS AND MANAGEMENT CENTER'S ADVANCED TRAFFIC MANAGEMENT SOFTWARE (FPN # 433174-1-98-01). WHEREAS, the Florida Department of Transportation ("FDOT") is offering the County a Local Agency Program agreement wherein FDOT agrees to reimburse Collier County the sum of $600,000.00, pertaining to a project to update the County's Advanced Traffic Management Software used at its Traffic Operations and Management Center (the "Project" - FPN # 433174- 1-98-01); and WHEREAS, the FDOT requires the Board to provide a resolution memorializing and confirming the Board's affirmative vote to approve the agreement and authorizing its Chair to execute the LAP agreement; and WHEREAS, the Collier County Board of County Commissioners desires to enter into the LAP agreement and finds that it is in the public interest to do so. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. It approves and authorizes its Chair to sign the attached LAP agreement. 2. The Collier County Clerk of Court is directed to forward a certified copy of this Resolution to FDOT along with the LAP Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 24th day of May, 2016. ATTEST:.. BOARD OF COUNTY COMMISSIONERS DWIGHT-E:'BROCK, Clerk OF COLLIER C LINTY, FLORIDA By: 0., st as to, Gtkj:4,l0bputy Clerk oDennacEiWa, Chair Sf4f3o'e only.' County of COLLIER Approved orm and legality: mv; Teach, Deputy County Attorney IHEREBY CERYIFYTHAT,i.I t kVoe.and correct copy of a document on file In - Board Minutes and Recdr`6-s;of Collier C&ty WIT Smy dandofficial within` day of DWI E. BROCi4, C �FC iS (Z;Ofler County Procurement Servj,,�s Title: ATIVIS Software and Controller Update Selection Committee Final Ranking Sheet Step 1: Upon direction by the P[OCU[9[O9Ot professional, the individual selection CO[Arnbtee rneDlbe[ ShCm|d provide their ranking of the proposals (from highest being number one /1\tOlowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if oonseneuoioneaohed. Name of Firm Randy Josh Corey Ford Rick Joshua Average Selection Committee Transportation Control Systems, Inc. 4 3 4 4 4 3.8 4.0000 ,Peek Traffi 51 51 51 51 51 51 5.00001 *Committee decided to have the top two ranked firms present. Procurement Professional IBrenda Brilhart, Procurement Strategist Page I of 1 3/8/2017 Selection Committee -- Final Ranking Sheet Title: ATIVIS Software and Controller Updatz Step 1:Upon direction bvthe Procurement professional,thSindividU@|Se|8ohonc0nnnlbtR8nnenobersh0U|dDrOvidetheirr@nhiOgofthe proposals (from highest being number one (1)tnlowest. Step 2: The procurement prOf8SSiOOa| will review the O08thornotio@Uy C8|Cu|8tod final rank and discuss the [GOh order and determine if coneeneueiareaohed. Procurement Professional IBrenda Brilhart, Procurement Strategist 3/28/2017 Page 1 of 1 REQUEST FOR PROPOSAL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FHWA Funded LAP Program #433174-1-98-01 RFP 16-7034 ATMS Software and Controller Update Brenda Brilhart, Procurement Strategist (239) 252-8446 (Telephone) (239) 252-6697 (Fax) brendabrilhart@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16-7034 ATMS Software & Controller Update 2 Table of Contents LEGAL NOTICE .................................................................................................................................................................. 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................................................................... 7 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................10 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................13 ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................21 ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................22 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................23 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................24 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................26 ATTACHMENT 6: VENDOR SUBSTITUTE W – 9 .................................................................................................................27 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................................................................28 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................................................................................................30 EXHIBIT A – PROJECT SCOPE ……………………………………………………………………………………………………………………………………..31 EXHIBIT B – GRANTING AGENCY PROVISIONS & FORMS (Provided in separate file) 16-7034 ATMS Software & Controller Update 3 Legal Notice Sealed Proposals to provide ATMS Software and Controller Update will be received until 3:00 PM Naples local time, on January 12, 2017 at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. RFP 16-7034 ATMS Software and Controller Update Services to be provided may include, but not be limited to the following: It is the intent of the County to replace the current traffic management software and controllers with new traffic signal controllers and ATMS software in support of the County’s planned expansion of its Intelligent Transportation System (ITS) to optimize traffic signal functions, coordination, and TMC operations. A pre-proposal meeting will not be held for this solicitation. All statements shall be made upon the official proposal form which may be obtained on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Edward F. Coyman Director, Procurement Services This Public Notice was posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G", Collier County Government Center on December 9, 2016. 16-7034 ATMS Software & Controller Update 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Department (hereinafter, Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Brief Description of Purchase The County has been awarded $600,000.00 in funds from FHW A for this project. See Exhibit A – Scope of Services for more details. It is the intent of the County to award to one firm. Term of Contract The County intends to negotiate an agreement with the number one ranked firm. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 12/9/2016 Last Date for Receipt of Written Questions 5:00 PM 1/5/2017 Pre-solicitation meeting N/A Addendum Issued By 1/9/2017 Solicitation Deadline Date and Time 3:00 PM 1/12/2017 Anticipated Evaluation of Submittals Week of 1/16/2017 Vendor Presentations if Required TBD Anticipated Completion of Contract Negotiations By 2/15/2017 Anticipated Board of County Commissioner’s Contract Approval By 3/30/2017 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. 16-7034 ATMS Software & Controller Update 5 The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Tab I, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. Tab II: ATMS Software Functionality And Compliance (35 points/20 Page limit) In this tab, include:  Detailed plan of approach (including major tasks and sub-tasks).  Detailed time line for completion of the project.  Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. Tab III: Technical Experience with Controller deployments and ATMS Deployment/ (25 Points/ 15 Page limit) In this tab, include:  Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services.  Describe the various team members’ successful experience in working with one another on previous projects.  List Current Projects in the Format Identified Below Project Description Start Date End Date Original Budget Final Project Cost Number of Change Orders Tab III: Cost of Services to the County (10 Points/3 Page Limit) In this tab, include:  Provide the projected total cost and estimated calendar day duration (including projected hours) for which your firm will provide the work as described in this RFP.  Provide proposed fee schedule of principals and staff (including sub-consultants). Tab IV: Previous Performance on Similar Projects (15 Points/5 Page Limit) In this tab, include:  Description of the proposed contract team and the role to be played by each member of the team.  Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. 16-7034 ATMS Software & Controller Update 6  Attach resumes of any sub-consultants and attach letters of intent from stated sub- consultants must be included with proposal submission. Tab V: References (10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal directly to the Procurement Strategist at the fax number listed on the first page or via email. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. The Selection Committee will review the vendor’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab Vl: Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VIl: Required Form Submittals  Attachment 2: Vendor Check List  Attachment 3: Conflict of Interest Affidavit  Attachment 4: Vendor Declaration Statement  Attachment 5: Affidavit for Claiming Status as a Local Business  Attachment 6: Immigration Affidavit Certification  Attachment 7: Vendor Substitute W-9  Attachment 8: Insurance and Bonding Requirements  Attachment 9: Reference Questionnaire  Granting Requirements – Forms Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Functionality and Compliance 35 Tab III, Technical Experience 25 Tab IV, Cost to the County Tab V, Previous Performance 10 20 Tab VI, References 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the Committee will be asked to break the tie based on the evaluation criteria as presented in this RFP. 16-7034 ATMS Software & Controller Update 7 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be uploaded electronically on the County’s on line bidding system: www.colliergov.net/bid before 3:00 PM, Naples local time, on or before January 12, 2017. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 16-7034 ATMS Software & Controller Update 8 8. Evaluation of Proposals The County’s procedure for selecting is as follows: 1) The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2) The Request for Proposal is issued. 3) Subsequent to the closing date for the proposals, the Procurement professional will conduct a preliminary review of the proposals received and review each proposal to determine if it’s responsive to the requirements of the published RFP. 4) Selection committee meetings will be open to the public and the Procurement professional will publicly post notice of such meeting(s) in the lobby of the Procurement Services Division Building, County calendar and on the County’s Procurement Services Internet site. Public meeting dates and times should be posted with at least three (3) days in advance on the County’s website calendar. 5) Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form. Committee members will individually prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. Although it is a tool, the signed form will become part of the final procurement record. 6) At the scheduled selection meeting, the members will present their independent conclusions and comments based on their reading and interpretation of the materials presented to each other, and they may ask questions of one another 7) The Selection Committee reserves the right to hold oral presentations and establish a rank order for presentations. In any of the selection committee meeting deliberations, by consensus, members may request to invite firms in to clarify their proposals, ask for additional information, present materials, interview, and ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 8) Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. Once final rank is completed by the Committee, the public will be permitted to provide comments (limited to three (3) minutes). 9) After final consensus of the ranking, staff will subsequently enter into negotiations. Recommendation of contract award is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 9. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 16-7034 ATMS Software & Controller Update 9 10. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to negotiate with the 2nd ranked firm or to re-advertise using the same or revised documentation, at its sole discretion. 16-7034 ATMS Software & Controller Update 10 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right 16-7034 ATMS Software & Controller Update 11 to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against 16-7034 ATMS Software & Controller Update 12 discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation 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. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier C ounty, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 16-7034 ATMS Software & Controller Update 13 Exhibit IV: Additional Terms and Conditions for RFP 1. 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 the Insurance and Bonding attachment of this solicitation. The Vendor shall 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. Collier County Board of County Commissioners shall be named as the Certificate Holder. 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 "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, 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(s) 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 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 or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve 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. 16-7034 ATMS Software & Controller Update 14 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) 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 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 coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) 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. 2. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 3. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing. 4. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts. To this end, vendors will be evaluated on their performance throughout the duration of this Agreement. 5. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County’s project manager shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 6. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department 16-7034 ATMS Software & Controller Update 15 ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or 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 non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 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 of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amo unt of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or condi tions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 16-7034 ATMS Software & Controller Update 16 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. 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. 8. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 9. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 10. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 11. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 16-7034 ATMS Software & Controller Update 17 12. 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 Proposal. 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 Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, 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. 13. Public Records Compliance Florida Public Records Law Chapter 119, including 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. 14. Certificate of Authority to Conduct Business in the State of Florida (Florida 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 16-7034 ATMS Software & Controller Update 18 cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal enti ty that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 16. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of Solicitation 16-7034 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 17. Protest Procedures Any prospective vendor/proposer who desire to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file the ir protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Procurement Services Division on Wednesdays and Thursdays. Any actual or prospective respondent 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 County 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 and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 18. Public Entity Crime 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 following the date of being placed on the convicted vendor list. 19. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background 16-7034 ATMS Software & Controller Update 19 checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL-FMOPS@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. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosure s are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift , loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance 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. 22. Immigration Affidavit Certification 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.  Where the requirement for the affidavit is waived by the Board of County Commissioners 16-7034 ATMS Software & Controller Update 20 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 Bidder/Vendor 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 responsibility 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. 16-7034 ATMS Software & Controller Update 21 Attachment 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to RFP 16-7034 ATMS Software and Controller Update for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: ___________________________________________________________________________ _____________________________________________________________________________ _______________________________________________________________________ Other reason(s):_____________________________________________________________ _____________________________________________________________________________ _________________________________________________________________________ ___________________________________________________________________________ Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _______________________________________ Date ____________ 16-7034 ATMS Software & Controller Update 22 Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date ______________ 16-7034 ATMS Software & Controller Update 23 Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: RFP 16-7034 ATMS Software and Controller Update does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. 3. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: ____________________________________________________________________________________ Signature and Date:_________________________________________________________________________ Print Name: _______________________________________________________________________________ Title of Signatory: __________________________________________________________________________ State of_____________________________________ County of ____________________________________ SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20__________, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. __________________________________________________________ _____________________________ Notary Public Commission Expira tion 16-7034 ATMS Software & Controller Update 24 Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 16-7034 ATMS Software and Controller Update Dear Commissioners: The undersigned, as Contractor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced Solicitation RFP 16-7034 ATMS Software and Controller Update. (Proposal Continued on Next Page) 16-7034 ATMS Software & Controller Update 25 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20 in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: _________________________________ Email _________________________________ 16-7034 ATMS Software & Controller Update 26 Attachment 5: Immigration Affidavit Certification Solicitation: RFP 16-7034 ATMS Software and Controller Update 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 S ecurity Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ____day of ___________, 20___, by _______________________________ who has produced _____________________________ as identif ication. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ 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. 16-7034 ATMS Software & Controller Update 27 Attachment 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (includin g 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 ___________________________________________________________________________________ (as shown on income tax return) Business Name ___________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City _______________________________________________ State ______________________________________ Zip ________________________________________________ Telephone __________________ FAX ______________________ Email __________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip ______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company 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) _______________________________________________________________ (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 ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Indemnification To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ __________ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence 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 Technology Errors & Omissions $1,000,000 Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $__________ Per Occurrence  $ 500,000 each claim and in the aggregate  $1,000,000 each claim and in the aggregate  $2,000,000 each claim and in the aggregate Professional Liability $__________ per claim and in the aggregate  $1,000,000 per claim and in the aggregate  $2,000,000 per claim and in the aggregate 16-7034 ATMS Software & Controller Update 29 Valuable Papers Insurance $__________ Per Occurrence Employee Dishonesty / Crime $__________ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the 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 sam e 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 11/4/2016 ______________________________________________________________________________________________ Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurabil ity 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 _________________ 16-7034 ATMS Software & Controller Update 30 Attachment 8: Reference Questionnaire Solicitation: RFP 16-7034 ATMS Software and Controller Update Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company l isted in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisif ed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Change Orders - Dollars Added : _________________ Change Orders - Days Added: __________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please EMAIL or FAX this completed survey to: BrendaBrilhart@colliergov.net or fax (239) 252-6697 By January 12, 2017. 16-7034 ATMS Software & Controller Update 31 EXHIBIT A COLLIER COUNTY TRAFFIC OPERATIONS TRAFFIC MANAGEMENT CENTER (TMC) #433174-1 – ADVANCED TRAFFIC MANAGEMENT SYSTEM AND CONTROLLERS PROJECT SCOPE PROJECT INFORMATION A. Introduction The purpose of this exhibit is to describe the scope of work and the responsibilities of vendors interested in providing Advanced Traffic Management System (ATMS) software and traffic signal controllers for Collier County Traffic Operations. Collier County has been awarded Federal funds for the implementation of this project. The project will be managed by Collier County Traffic Operations. As a result of the Federal funding, oversight of the project will be provided by the Florida Department of Transportation. B. Background The Traffic Management Center (TMC) is the command station that houses the Intelligent Transportation System (ITS) operations. It houses the staff that monitors traffic, disseminates traveler information, and provides on-going incident management services. It is the intent of the County to replace the current traffic management software and controllers with new traffic signal controllers and ATMS software in support of the County’s planned expansion of its Intelligent Transportation System (ITS) to optimize traffic signal functions, coordination, as well as TMC operations. C. Existing Conditions Traffic Signal Controllers Collier County currently operates and maintains 210 traffic intersections in the county. The traffic controllers are manufactured by Siemens and are configured for NEMA TS2-1 and TS2-2 depending on location of the intersection and the traffic cabinet wiring configuration. Traffic Management Software Collier County currently uses Siemens ACTRA ATMS traffic control software to manage the signalized intersections. D. Traffic Signal Controllers The manufacturer or vendor shall provide 300 new NEMA TS2 Type 2 traffic controllers that meet or exceed industry NEMA and Advanced Transportation Controllers (ATC) Standards. All electronic components, workmanship, and functionality of the traffic signal controller shall conform to the applicable standards for TS-2 traffic signal controllers mandated by the NEMA current edition NEMA Standards Publication TS2-2003 v02.06 for Traffic Controller Assemblies with 16-7034 ATMS Software & Controller Update 32 National Transportation Communications for ITS Protocol (NTCIP) Requirements. The devices must be on the Florida Department of Transportation’s Approved Product List (APL) prior to issuance of the Request for Proposal (RFP). The manufacturer or ven dor shall be responsible to ensure that all devices can operate independently. The manufacturer/vendor shall provide the controllers and any equipment or cables required for installing the controllers into the Collier County traffic signal cabinets, and all required licenses. All controllers and equipment provided shall be fully updated and configured with the latest firmware version by the manufacturer/vendor before installation by the County. All equipment provided shall support version 4 and version 6 Internet Protocol (IP) network communication addressing, access control, and security features. The controller shall also support Simple Network Management Protocol (SNMP) monitoring. The controller shall have the capability to display detailed status information on each main controller function including controller, coordinator, preemptor, time base, detectors, and malfunction management unit (MMU) status. A Microsoft Windows® based traffic signal controller emulation software package shall be supplied. The program shall allow the user to program a traffic signal controller on a Windows based computer, and shall be compatible with the latest version of the Windows operating system. Control and Coordination Features Control The controller shall be able to support these minimum standards: 1. A Power On Self-Test (POST) feature with continuous automatic diagnostics to verify the essential elements of the controller operation. 2. An alert feature when downloads fail, do not complete, or if errors are detected. 3. Shall support Flashing Yellow Arrow Operations. 4. Features for advance walk, pedestrian clear protect, exclusive pedestrian operations, bike minimum green, pedestrian clear times and second walk, and an extendable walk and pedestrian clearance feature. 5. Features for supporting adaptive red clearance. 6. Features which support the ability to turn pedestrian calls off during the exit from uniform code flash. 7. A feature to support Measures of Effectiveness (MOE) tools by providing data on volume, speed, and green utilization of phases. Coordination Features The controller shall be able to support these minimum standards: 1. Shall support fixed or floating force-off conditions. 16-7034 ATMS Software & Controller Update 33 2. Shall support automatic permissive periods. 3. Shall coordinate with crossing arterials and capable of a minimum of 32 coordination patterns. Controller Preemption Features The controller shall be able to support the following preemption features: 1. Transit Signal Priority/Preemption and Emergency Vehicle Priority/ Preemption o Emergency Priority/Preemption shall override Transit Signal Priority/ Preemption 2. A feature to allow Time of Day programs for preemption including for four (4) section flashing yellow left signal heads. It should allow for different preemption modes for protected and protected permissive coordination. 3. A minimum of six (6) high priority and six (6) low priority preemption sequences. The activation of a low priority preemption will not cause the controller to go out of coordinated operations. 4. A feature to support different preemption modes for protected coordination and protected permissive coordination. 5. A feature to support multiple exit preemption options. 6. A feature to support the custom naming of preemptions. 7. Railroad gate down input and timing features. Time-Based Features The controller at a minimum shall be able to support the following time based features: 1. Shall support a minimum of 100 event plans. 2. The ability to support a minimum of 100 fixed or floating exception days. 3. The ability to support a minimum of 100 scheduled programs, configurable for any combination of month(s), day(s), week(s). Each program name shall be customizable. 4. The controller shall contain a feature to schedule lead-lag phasing. Detector Features The controller shall be able to support the following minimum detector features: 1. A minimum of 64 vehicle detectors assignable to multiple phases by user. 2. A minimum of 24 system detectors. 3. Have the ability to map all detectors to lane assignments. 16-7034 ATMS Software & Controller Update 34 4. Capable of assigning custom labels to any detector. 5. Have the ability to distinguish between a vehicle detector and pedestrian detector fail. 6. Contain a minimum of four (4) or more detector diagnostic plans. 7. Contain a minimum of four (4) or more pedestrian detector plans. 8. The ability to utilize a variety of unique detector types Logging Features The controller shall be able to support the following minimum logging features: 1. Provide logging of controller, bus interface unit (BIU), MMU and detector failures with descriptive error messages. 2. County staff shall have the ability to view the logging data on the front panel of the controller and retrieve logging data via RS-232 serial port, Ethernet port or USB flash drive. 3. Ability to log, view and retrieve traffic volume/occupancy for a minimum of 24 system detectors. Additional Features 1. Status screens shall have the feature to customize the information displayed. 2. It is desirable for the controller to support digital short range communications (DSRC) protocols, providing Vehicle-to-Infrastructure (V2I) interfacing with DRSC and connected vehicle road side equipment. E. ATMS Central Control Software Features The ATMS central control software is an integral part of the Traffic Management Center. The manufacturer or vendor shall provide a new ATMS central control software package, licensing, and supporting ATMS central control software servers. The ATMS software will replace the current Siemens Actra ATMS traffic control software to command and control the signalized intersections within Collier County. The ATMS central control software shall be capable of supporting all deployed controllers regardless of firmware versions. The ATMS program needs to be compatible with the County’s Traffic Count Data System managed by Midwest Software Solutions (MS2). The count system software requires user defined count stations and an exportable SQL database or compatible real time count reports. The ATMS central control software provided is expected to be hosted on a Microsoft Windows Server® operating system with Microsoft Windows SQL Server® to support the database operations. Individual client logins shall be authenticated using Microsoft Windows® Active Directory. The ATMS central control software shall have a “Bring Your Own Device (BYOD)” mobile device access feature. 16-7034 ATMS Software & Controller Update 35 All costs of software licensing, server, clients, and imagery services shall be included as part of the price for the ATMS central control software. The ATMS central control software provided is expected to contain features required for usability and effectiveness in managing the traffic control system (TCS) and ITS used in Collier County. ATMS Central Control Software Main Interface The ATMS central control software main interface shall be a graphical user interface and shall consist of a main map. The main menu should be easily accessible from the main interface window and consist of top level functions such as database editing, signal controls, logging, and alarms. ATMS Central Control Software main interface shall contain notifications of active alarms or alerts. The systems, sections, groups, and intersections within the database shall be visible, searchable, and clickable through a tree view menu from the main interface window and on the main interface map. An intersection shall be searchable by intersection name or by intersection number. Clicking the item once in the tree view shall locate and highlight the intersection on the main interface map and vice versa. Double clicking the intersection in the tree view or main map view shall allow th e operator to quickly access a detailed intersection status, and to control, configure, or change intersection settings through a contextual menu. The individual users shall be able re-arrange their prospected tree view of intersections and/or have the ability to customize the location of their most commonly accessed intersections or “favorites” quickly without having to scroll through the entire tree view list of intersections. The customization shall be based at the individual client level and saved between the client sessions. ITS equipment and other ITS elements shall be listed within the tree view and system map to allow for interfacing with the ITS element from the ATMS central control software. Alerts Critical alarms or alerts should be prominently displayed on the ATMS central control software main interface and on all running workstations based on user profiles. The operator should be able to acknowledge, dismiss, prioritize, and filter alerts in the alert list. The system operator should be able to define alerts and alarms as low, moderate, high, and critical, as well as with highlighted colors. Operator alerts should be instantly searchable, filterable with either pre‐defined values or a user‐defined input string. Audible alerts shall have the ability to be system operator defined. System shall have the ability to send alerts/notifications to assigned email addresses. Logging and Reports Log reports shall be searchable using “key-words” to determine intermittent and recurring issues and generating a report showing the frequency of the issues. Changes made to any part of the ATMS database shall be logged and identifiable by the client operator that made them. 16-7034 ATMS Software & Controller Update 36 Logging data shall also be accessible via the ATMS application from the TMC. The ATMS central control software shall be able to produce client customizable reports. At a minimum, the following reports should be available:  Device Configuration Reports  Scheduled Reports  Signal Changes Reports  Detector Event Reports  Split Monitoring Reports  System Event Reports  Upload and compare Reports using a Critical Record Check (CRC) to verify the data is correctly uploaded Detector Volume of Service (VOS) Data Reports should be available including but not limited to the following:  15 minutes  30 minutes  Hourly  Daily  Multi-date hourly  Multi-date Daily The ATMS central control software shall have the ability to provide, display, log, and report a Measure of Effectiveness (MOE). The operator shall have the ability to define the location of saved or exported system logs files and reports. The operator shall have the ability to schedule or automate the export of logging and system reports (e.g. Count Data) to multiple file formats including but not limited to Microsoft Excel®, csv, pdf formats. Controller Interfacing The ATMS central control software shall have the ability to fully interface with the traffic signal controllers running local control software. The ATMS central control software shall fully support all mandatory and optional objects for generic NTCIP 1201/1202 compliant traffic signal controllers. Features shall include efficient uploading and downloading of the controller database information and the complete set of NTCIP parameters. When communicating with controller software, the database editor menus and options shall be self- describing. The local traffic signal controller database editor menu structure and parameter/option names shall be configured similar to the corresponding controller software’s front panel. The ATMS central control software should be able to manipulate High Definition Data from the traffic signals controllers. The ATMS central control software shall support “live editing” of database. The system database editor current table view should update continuously with a max refresh rate of less than 2 seconds with currently active data running in field. 16-7034 ATMS Software & Controller Update 37 The ATMS central control software shall be able to schedule split time phasing for both coordinated and free operations. The ATMS central control software shall have ability to name special program days and weeks for intersections. (e.g. Sports event schedules, spring break, holidays, etc.) The ATMS central control software shall be capable of saving a full database and editing offline, uploading, or downloading the database to/from the field device. Uploaded or downloaded database integrity shall be verified by the ATMS central control software using a Critical Record Check (CRC). The ATMS central control software shall be capable of copying and pasting programming data from one intersection to another. The ATMS central control software shall be capable of automatically uploading and comparing local controller databases to the ATMS database at user configured times. Main System Map The ATMS central control software shall contain a main system map. The software shall support a variety of maps such as GIS based maps, Google based maps, Open Streets maps and Bing maps. Other maps may be supported, however, a minimum of three map sources shall be supported. The client operator shall have the ability to select between having the background reflect maps view, aerial view, street view, or a panoramic view (if available). The main map shall be capable of updating imagery and information without requiring user interaction. The main map shall have the ability to real time display incident and traffic data from traffic data feeds to provide real time status of incidents and traffic conditions. The client operator shall have the ability to toggle the display of incident and traffic information on or off, and to select which types of traffic information is displayed. The main map shall display several levels of details based upon the zoom level of the map within each individual client window. Map zoom level shall be controlled by more than one user interactions i.e. mouse wheel scrolling, software interface slider bar, and magnifying glass selection. It shall be possible to select one or multiple intersections for display in a selected intersection view by clicking on one intersection, or “lassoing” multiple intersections. The user shall be capable of adding or removing single or multiple intersections to the dynamic group without having to reselect all intersections again. All intersections that are selected in this manner shall be visible in the selected intersection view at the same time. As the client zooms in on a particular intersection of the map, additional information shall be shown. At a minimum this shall include individual phase status, current operational status, and current pattern, pedestrian and/or overlap indication status. Clients should be able to toggle or select through a contextual menu device status displays such as main street greens, communications status, color coded signal coordination status, signal coordination pattern number (active), preemption status, and time clock/time drift status. The main map shall alert in the status window and pictorially any intersection where Emergency 16-7034 ATMS Software & Controller Update 38 Vehicle Priority\Preemption is activated. The client operator shall have the ability to toggle the feature on or off. Selected Intersection Functions, Status, and Views The client operator shall have the ability to configure and modified the intersection view within the ATMS central control software without the need for separate graphics editor software. The intersection view background shall be automatically populated with aerials after the intersection/device is located on the main map. Client operators shall also have the ability to add custom static graphics or backgrounds. Intersection view graphics shall be stored in the system SQL database on the system server. The ATMS central control software system shall allow a user to save an existing intersection configuration or view as a “template” for new intersections. The selected intersection view shall display detailed configuration and operational status for the selected intersections. Each item shall be a single icon with a dynamic display. (i.e. Single phase movement status icon displays the Green, Yellow, and Red indications of the configured phase. The view windows at a minimum shall have the ability to show:  Phase Movement (Left, Right, Through, Left/Right 45 degree angles)  Pedestrian Movement (Single object displays walk, flashing don’t walk, and don’t walk)  Overlap Movement (Left, Right, Through, Left/Right 45 degree angles)  Flashing Yellow Arrow (Flashing Yellow Arrow must flash)  Protected Permissive Left-Turn (displays green ball and green arrow)  Preempt status (displays preempt states) Intersection status windows shall have the ability to be enhanced with client defined data; i.e., controller status window shall be able to display phase numbers and with client labels for approaches such as NB, NBLT, WB, etc. Intersection status windows shall have the ability to display individual detectors on a channel (e.g. 3 detectors coming back to 1 phase). Intersection status windows shall be client customizable to filter information as defined by the client operator. The client operator shall have the ability to view the MMU status in the intersection view window. The client operator shall have the ability to access real time, programmed and historical time space views, and manual and group plan controls from the selected intersection window. The client operator shall have the ability to set a Pedestrian Button "No Activity" period for up to 14 days. The client operator shall have the ability to view and control video sources associated with an intersection from the selected intersection window. The client operator shall have the ability to access other device software associated with the intersection such as uninterruptible power supply (UPS), conflict monitor unit (CMU), MMU, video image detection systems (VIDS), network switches, wireless radios, and ITS equipment. Time of Day Schedules (TOD) 16-7034 ATMS Software & Controller Update 39 TOD schedules should be searchable and filterable. Duplicate or conflicting TOD entries shall be highlighted, flagged, or not allowed (input control). The ATMS central control software shall have the ability to group TOD schedules at a minimum, by time and event categories. The ATMS central control software shall have the ability to present TOD entries in a tabular format for simpler troubleshooting, modification and correction. TOD schedule edits shall be logged by the ATMS central control software system allowing client operators to review changes. The initial changes and revision history should be archived so that previous versions of TOD schedules can be rolled back. The ATMS central control software shall be capable of scheduling split monitoring reports by Time of Day for multiple pattern changes. Detection and Counts The ATMS central control software shall have the ability to map detectors for a minimum of 24 user‐defined count stations and other count groupings with lane and direction assignment labels. The ATMS central control software shall have the ability to display count stations and intersection counts independent from each other. The ATMS central control software shall have the ability to export count data in standard formats. Any counter should be counted independently by the ATMS central control software to a minimum of 24 detectors. The ATMS central control software shall keep count station and counter log files and stored report data separate from the intersection configuration data and from detection logs, etc. The data log files should be capable of being automatically exported to a secondary database storage location. The data log files should be viewable with graphs. Intersection Inventory The ATMS central control software shall have the ability to store, search, filter, and sort inventory from the traffic controller such as type, make, model, serial numbers, firmware and software revisions, service history etc., in the database. ATMS Central Control Software Communications At a minimum, the ATMS central control software shall support any combination of the following communications methods:  Ethernet  Fiber Optic  Wireless Ethernet  Cellular ATMS Central Control Intelligent Transportation System (ITS) Capabilities At a minimum, the ATMS central control software shall support interfacing of the following ITS technologies:  Closed Circuit Television (CCTV) Cameras 16-7034 ATMS Software & Controller Update 40  Microwave Detectors  Bluetooth Detectors  Dynamic Message Signs (DMS)  Video Image Detection (VID) F. Vendor Responsibilities All existing controller settings and signal timings shall be converted and/or transferred from the current ATMS and controllers by the manufacturer or vendor prior to installation of equipment by the County. The manufacturer or vendor shall submit a documented description of the intended process and procedure for transferring the current ATMS and controller data to the new equipment for County approval. The manufacturer or vendor shall submit a quality assurance plan and quality assurance checklist to the County for approval. The manufacturer or vendor shall verify that all software and equipment has been properly configured prior to installation by the County. The controller manufacturer or vendor shall provide and document 48 hours of bench controller operational testing, at an agreed location, prior to field installation by the County. The manufacturer or vendor shall be available 24 hours a day to provide product support and troubleshooting during the installation phase. The manufacturer or vendor shall consider a ninety (90) work day installation phase. The manufacturer or vendor shall supply and install redundant servers for the ATMS central control software that meet the requirements outlined in the Minimum Technical Requirements (MTR). The manufacturer or vendor will be required to configure the new ATMS Central Control Software and new traffic signal controllers. The manufacturer or vendor will be required to populate the provided ATMS central control software with all the initial intersection data, maps, graphics, and client information. G. Training In addition to the training requirements described in the MTRs, the manufacturer or vendor shall provide training and assistance to the County staff outlining the manufacturer’s recommended procedures for installing the new controllers. The manufacturer or vendor shall provide onsite assistance to County staff during the installation phase, until both agree that the staff understands the manufacturers recommended installation procedures. A project training plan for training the TMC staff in the operation of all systems under this RFP shall be provided. H. Testing A systems engineering test plan shall be provided to ensure that all systems meet their manufacturers’ requirements once fully integrated and operational and prior to acceptance by the 16-7034 ATMS Software & Controller Update 41 County. Prior to acceptance by the County all equipment and systems provided must be operational and functioning as required by the County and meet all criteria as set forth in this RFP and the MTRs. I. Contractor Responsibilities In addition to the above requirements: 1. The manufacturer or vendor shall ensure proper coordination with County staff and other ongoing, or planned projects that may be affected by this project. 2. The manufacturer or vendor shall ensure all operations are maintained to the maximum extent practicable during the installation phase of the ATMS Central Control Software. TMC operations shall be closely coordinated with the County’s project manager. J. County Responsibilities 1. County’s Information: a. Upon request, the County shall provide all known available information regarding the requirements for this project. 2. County’s Representative: a. The County shall designate a representative who shall be fully acquainted with the project. The representative shall render decisions promptly and furnish information expeditiously. 3. County Access: a. The County shall provide access for the manufacturer or vendor to the nec essary facilities during normal business hours or as approved by the County’s project manager. COMer County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 16-7034 Title: ATMS Software and Controller Update Due Date and Time: 1/24/17 3:00 PM Respondents: Company Name City County State Final Ranking Responsive/Responsible Control Technologies Houston Harris TX 1 YES/YES Aegis ITS, Inc. Anaheim Orange CA 2 YES/YES Temple, Inc. Decatur Morgan AL 3 YESNES Transportation Control Sys Tampa Hillsborough Fl- 4 YESNES Peek Traffic Houston Harris TX 5 YESNES Utilized Local Vendor Preference: Yes I I No ® { N/A Grant Funded Recommended Vendors) For Award: Control Technologies -- 5 proposals submitted and shortlisted to 2 and invited both firms to present to the Committee and completed final ranking Required Signatures Procurement Strategist: Date: t f Pr re nt Services Dire r: H'YL Edward F. Coyman Jr. Date FOOT Floridan Department ®f Transportation RICK SCOTT 801 North Broadway Avenue RACHEL CONE GOVERNOR Bartow, Florida 33830 INTERIM SECRETARY Marlene Messam Collier County Traffic Management 2885 S. Horseshoe Drive Naples, FL 34104 RE: TIME EXTENSION REQUEST #1 Agreement: Local Agency Program Agreement (LAP) Description: TMOC Software Update FM Number: 433174-1-98-03 Contract # GOB79 Dear Ms. Messam: In reference to Collier County's request on April 7, 2017, the expiration date of the referenced LAP Agreement is hereby extended to June 30, 2019. Project Status: The County has experienced some delays. Collier County completed the selection process and chose Intelight/Control Technologies as the top ranked firm and their ATMS software and controllers on March 28, 2017. The County is currently in the process of negotiating the contract with Intelight and the new anticipated completion date for the software and controller implementation is December 31, 2018. The LAP Agreement current expiration date is being extended to also allow for processing of any outstanding invoices and to facilitate project close out. It is expected that no further time extensions will be necessary. Please sign, retain one copy for your file, and return a copy to my attention. By copy of this letter, I am asking our Financial Services Officr,to reflect the extension in the FLAIR System. Sincerely, A o edged: Chris Smit arlene Messa Director of Transportation Development SWFLRoads.com I @MyFDOT_SWFL I facebook.com/MyFDOTSWFL