Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 06/10/2014 Item #16A17
6/10/2014 16.A.17. EXECUTIVE SUMMARY Recommendation to award Request for Proposal RFP No. 14-6229,Installation and Maintenance of Traffic Signals and Roadway Lighting on an as needed basis to Southern Signal&Lighting,Inc.,as the primary contractor and Simmonds Electrical of Naples, Inc., as the secondary contractor. (estimated annual fiscal impact is$400,000). OBJECTIVE: To obtain routine and emergency traffic signal installation,maintenance and repair work, and roadway lighting installation,maintenance and repair work for all various County Departments to use on an as needed basis. CONSIDERATIONS: The purpose of RFP No. 14-6229 is to assist the Collier County Traffic Operations Department and other County Departments and Agencies, including the Community Redevelopment Area (CRA) in performing routine and emergency traffic signal maintenance and repair work, and roadway lighting maintenance and repair work in all areas of Collier County including, but not limited to those that are under the jurisdiction of Collier County Traffic Operations Department. RFP No.14-6229 was posted on March 17, 2014. Notices were sent to 2,234 contractors and 34 full solicitation packages were downloaded. Two responsive proposals were received on April 16, 2014. A selection committee met on April 22,2014,and by consensus of the members selected Southern Signal & Lighting, Inc. and Simmonds Electrical of Naples, Inc., as the top two (2) contractors to perform the services,as outlined within the RFP. Staff recommends award to Southern Signal & Lighting, Inc., as the primary contractor and Simmonds Electrical of Naples,Inc.,as the secondary contractor. If the Primary contractor is not available/incapable to perform work in the timeframe requested,the Secondary contractor may be utilized. Southern Signal & Lighting, Inc. was selected as the primary contractor due to their expertise in the ability to install, troubleshoot, and maintain Collier County's computerized solid state traffic controller systems. Southern Signal & Lighting, Inc., has approximately ten years experience assisting Traffic Operations and meets all of the requirements of the International Municipal Signal Association, Inc., for technician qualification levels for performing this work. Services will be obtained by purchase order in accordance with the County's Purchasing Policy. FISCAL IMPACT: Funds for these services shall come from each individual using department's budget's as projects are identified.Annual estimated cost of these services is$400,000. GROWTH MANAGEMENT IMPACT:There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners award RFP No. 14-6229, Installation and Maintenance of Traffic Signals and Roadway Lighting to Southern Signal & Lighting, Inc., as the primary contractor and Simmonds Electrical of Naples, Inc., as the secondary contractor; to waive minor inconsistencies between the RFP document and authorize the Chairman to execute the attached agreements after final review and approval by the County Attorney. Prepared by: John Miller,Project Manager,Traffic Operations,GMD Attachments: (1) 14-6229 Solicitation(2) 14-6229 Final Rankings(3) Southern Signal&Lighting /'\ Agreement;and(4)Simmonds Electrical Agreement Packet Page-850- 6/10/2014 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18 Item Summary: Recommendation to award Request for Proposal RFP No. 14-6229,Installation and Maintenance of Traffic Signals and Roadway Lighting on an as needed basis to Southern Signal & Lighting,Inc., as the primary contractor and Simmonds Electrical of Naples,Inc., as the secondary contractor. Meeting Date: 6/10/2014 Prepared By Name: miller john Title: Project Manager,Traffic Operations Approved By Name: bathon_d Title:Project Manager, Principal,Transportation Enginee Date: 05/19/2014 01:02:09 PM Name: nauth_r Title: Management/Budget Analyst,Transportation Administration Date: 05/20/2014 08:07:08 AM Name: dianelynch Title: Supervisor-Operations, Road Maintenance Date: 05/21/2014 08:59:05 AM Name: AnthonyKhawaja Title: Chief Engineer-Traffic Operations,Traffic Opera Date: 05/21/2014 03:06:41 PM Name: JayAhmad Title: Director-Transportation Engineering,Transportat Date: 05/21/2014 03:19:56 PM Name: AllisonKearns Title:Manager Financial &Operational Support,Transportation Administration Date: 05/23/2014 01:44:40 PM Packet Page-851- 6/10/2014 16.A.17. Name: marcellajeanne Title:Executive Secretary,Transportation Planning Date: 05/28/2014 08:00:06 AM Name: teachscott Title: Deputy County Attorney, County Attorney Date: 05/28/2014 01:49:27 PM Name: klatzkowjeff Title: County Attorney, Date: 05/28/2014 04:03:46 PM Name: markisackson Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 05/28/2014 05:16:43 PM Name: ochs_l Title: County Manager, County Managers Office Date: 05/29/2014 04:05:42 PM Packet Page-852- 6/10/2014 16.A.17. REQUEST FOR PROPOSAL col minty Adn nistratve Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting Evelyn Colon, Procurement Strategist 239-252-2667(Telephone) 239-252-2810 (Fax) evelyncolon @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. ■••••\ Pintas Demmer•3:27 Tarniami Trai;East•Naples,Florida 3412.49O1•wv.collfergay.nettpurhason Packet Page-853- 6/10/2014 16.A.17. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 14 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 18 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 22 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 30 ATTACHMENT 2:VENDOR CHECK LIST 31 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 32 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 33 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 35 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 36 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 37 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 38 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 40 #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 2 Packet Page-854- 6/10/2014 16.A.17. CO*16•7": C01411tY Administrative Services Division Purchasing Legal Notice Sealed Proposals to provide Installation & Maintenance of Traffic Signals and Roadway Lighting will be received until 3:00PM Naples local time, on April 16"', 2014, at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting Services to be provided may include, but not be limited to the following: performing routine and emergency traffic signal maintenance and repair work, and roadway lighting maintenance and repair work that are for all traffic signals, roadway lighting, flashers and other equipment as directed by the Collier County Traffic Operations Department. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department 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/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on March 17, 2014. ta.tf� Puronasing Depatrrenl•3301 Tarniarn Trail East•Naples Ronda 34112•www coll:eraov.net.purcr,asing #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 3 Packet Page-855- 6/10/2014 16.A.17. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Traffic Operations Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (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 Purchasing Policy. Brief Description of Purchase The Traffic Operations Department is requesting a Contractor to assist in performing routine and emergency traffic signal maintenance and repair work, and roadway lighting maintenance and repair work in all areas of Collier County that are under the jurisdiction of Collier County Traffic Operations Department in accordance with the contract documents and Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, Florida Department of Transportation Design Standards, latest edition, and Collier County Traffic Operations, Traffic Signal & Roadway Lighting Technical Special Provisions, latest edition. Historically, County departments have spent approximately$580,000.00 per year based on a three year average. Background These services are required to perform work that would normally require the Traffic Operations Department to either 1) hire additional employees to maintain the sporadic work load, 2) purchase or rent construction equipment or vehicles necessary to perform occasional additional work loads, and/or 3) incur additional training and expense in performing and using specialized skills and equipment on a temporary basis. Detailed Scope of Work Collier County desires to enter into a contractual relationship with a Contractor that is capable of assisting Traffic Operations in performing routine and emergency traffic signal maintenance and repair work, and roadway lighting maintenance and repair work in all areas of Collier County that are under the jurisdiction of Collier County Traffic Operations Department on a Furnish and Install or Install Only compensation basis in accordance with the contract documents and Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, Florida Department of Transportation Design Standards, latest edition, and Collier County Traffic Operations, Traffic Signal & Roadway Lighting Technical Special Provisions, latest edition, and Collier County CMA# 5807 Maintenance of Traffic(MOT) requirements. It is the County's intent to award this bid to one (1) Contractor with the second (2nd) lowest bidder held in reserve for secondary service should the work load exceed the capabilities of the prime contractor to complete the assigned work in a timely manner. Traffic Signal System Maintenance and Repair: Maintenance and repair work consists of providing all labor, material, equipment and MOT for routine signal maintenance, minor signal repairs, signal light unit replacement, signal wiring, signal system communications repairs, rebuilding electrical services, emergency repairs, etc. Collier County, at its discretion, may provide controller assemblies, signal indications/heads, or other signal components as #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 4 Packet Page-856- 6/10/2014 16.A.17. deemed necessary. All work assigned shall be completed within fifteen (15) days of a Work Order issuance by the county. In the event of an emergency, where a potential safety hazard may exist or where traffic is delayed or impeded; the county may deem the repair to be an Emergency Repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the county. Work Orders shall be conveyed and confirmed by the use of Fax or Email transmissions, except for emergency repairs, which shall be given verbally by telephone, with written documentation to follow within twenty-four (24) hours. Maintenance Painting of Steel Mast Arm Assemblies and Steel Strain Poles are included in this contract and will be compensated under Labor, Material, and Equipment. This will include damage due to vehicle accidents and/or preparation and painting of entire intersection steel traffic signal assemblies. Damage repair areas and traffic signal assemblies painted under the Collier County Traffic Operations Maintenance of Structural Steel Standards will require a five (5) year warranty against Fading and Adhesion per FDOT Section 649-4.3 Painting. If the paint fails due to an application error the Contractor will be responsible for the paint during this entire five (5) year period. Roadway Lighting System Maintenance and Repair: Maintenance and Repair work will include trouble shooting lack of power at luminaires, repair of a specific load center circuit and components, and replacement of conduit and conductors between roadway lighting pole installations, replacement of light pole installations and or load centers knocked down by vehicle crashes or service reasons. This includes all labor, equipment, materials, MOT, vehicles and components necessary to replace the roadway lighting installation on its existing foundation and/or load center installation. In the event that the existing light pole foundation must be replaced, that work will be accomplished under a separate Work Order. Additionally, the bid shall include an initial callout visit to pick up the knocked down pole and parts and to make the location safe while awaiting a replacement installation. Should the Light Pole and Arm be undamaged and reusable, a replacement Transformer Base, Luminaire, and associated components as needed shall be installed to return the installation to normal operating condition. Collier County, at its discretion, may provide roadway lighting components as deemed necessary. Response time to emergency callouts shall be less than two (2) hours. The County will remain responsible for everyday maintenance of all the Roadway Lighting. All work performed under this contract will be by direction of a Work Order signed by the Chief Engineer of Traffic Operations and issued for a specific problem and/or location. MISCELLANEOUS MATERIALS & SERVICES: The county reserves the right to furnish any or all materials and/or services should such action be in the county's best interest. CONTRACTORS REQUIREMENTS/RESPONSIBILITIES: A. The contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CMA Instruction 5807 of the County Manager Administrative procedure during all phases of project work. Contractor will provide personnel trained and certified by the International Municipal Signal Association (IMSA) Safety in the Work Zone and FDOT Work Zone Safety certification to oversee set-up of MOT. Contractor will assure the use of safety vests, traffic cones, and arrow boards at all work locations. Observation of unsafe MOT practices by County Transportation or Risk Management personnel will be grounds for an order to cease work. Continued unsafe MOT practices will be grounds for voiding this contract. 1. All MOT shall be considered as incidental work and payment, therefore, is Included in the respective Contract Bid amounts. No material, equipment, or labor shall be added to invoice costs for design, set-up, take-down, or maintenance of proper MOT. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 5 Packet Page-857- 6/10/2014 16.A.17. B. The contractor shall be capable of providing field engineering and technical assistance as may be needed within the contract period. 1. All project meetings, scheduled or unscheduled, field meetings, office work, and permit applications preparation work shall be considered administrative overhead and incidental to contract work, and shall be performed without billing. C. All work performed by the contractor shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) and Minimum Specifications for Traffic Control Signal Devices (Latest Edition), the Federal Highway Administration's Manual on Uniform Traffic Control Devices, Latest Edition, and Collier County's Technical Special Provisions for Traffic Signal Installations, Latest Edition. Collier County's Technical Special Provisions for traffic signal installations is available upon request from the Traffic Operations Department, 239-252-8260 or On-line Web Site. D. As a matter of public safety and liability, emergency service response time shall be adhered to strictly to maintain a minimal level of county liability. Failure by the Contractor to provide expedient response as outlined in scope of work shall constitute contractual default. E. The county reserves the right to undertake any work outlined in these specifications by county forces or by other contracts if such action is in the best interest of the County. F. Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for emergency repairs. No premium will be paid for night or weekend work. G. The Contractor's Field Supervisor or Project Manager shall be available directly, without involvement of office personnel or answering service, twenty four(24) hours per day seven (7) days per week with the Traffic Operations Department during this contract period for the purpose of direct contact with the Traffic Operations personnel. Licenses: The Contractor, at time of bid submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statutes, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the bid, indicating that the entity bidding is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. Signal Technicians working inside the traffic signal controller cabinet shall have a minimum of IMSA Traffic Signal Level II Certification. Equipment: Contractor shall submit a complete list of all equipment that will be used on this contract. The equipment list will include the make, model, year of manufacture, and the location of the yard where the equipment is stored when not in use, as well as an hourly rate for each if required. Aerial equipment must have a working height of sixty (60) feet. Bidder should own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will apply only when the equipment is in use at the job site. Equipment Rental: In the event that additional, specialized and/or heavy equipment is needed, the user department must be notified, in advance, for approval. The reimbursement of additional equipment expense shall be at cost and will apply only while it is in use at the job site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. Safety: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 6 Packet Page-858- 6/10/2014 16.A.17. Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. For all projects that require the contractor to provide traffic control for work along roadways, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are available through the Risk Management or Purchasing Departments. Prices: Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. Prices quoted must be firm for the initial (first year) term of the Contract and price adjustments can be requested at renewal time. All labor hours invoiced shall document the employee by name, the location of work, the date and hours worked, and the task performed for each hour billed. Additional Items/Services: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Project Manager and Contractor. On occasions throughout the contract term it may be necessary for the Contractor to store items such as traffic signal poles & arms, foundation bolts, roadway lighting poles, arms, precast foundations, and/or related traffic control structural components in the Contractor's material yard. This service will be a part of the annual contract award and no additional compensation will be made for the storage of any items. Clean-Up: The Contractor shall be responsible for removing all debris from the work site and cleaning affected work areas. Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod.). Protection of Property: The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for the repair of unsatisfactory work. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. Substitute Performance: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. Premium Pay: Normal assignments shall be paid at regular bid labor and/or furnish and install rates. Emergency assignments will be paid at one-and-one-half (1'h) the regular rate for the first four (4) hours. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 7 Packet Page-859- 6/10/2014 16.A.17. No premium will be paid for regular assignment work performed at night or on weekends or holidays. Construction Inspection Requirements: All work performed under the Annual Contract shall be initiated and completed within the Contract Time indicated on the Collier County Work Order Form provided for each work project unless otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer. Collier County Traffic Operations Department Inspection Staff shall be notified in writing either via form letter(To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail (TrafficOps @colliergov.net) a minimum of seventy-two (72) hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road rights-of-way within Collier County. Collier County Traffic Operations Department Inspection Staff shall also be notified either via form letter or e-mail a minimum of no later than noon the working day prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any changes that necessitate the rescheduling of work that has been previously scheduled shall be provided in writing via e-mail no later than the morning that it was to be performed. Collier County Traffic Operation Department Inspection Staff has the full authority to shut down any and all overhead or underground work that has failed to comply with the aforementioned requisites. Request for acceptance inspection shall be submitted a minimum of forty eight (48) hours in advance of the requested inspection time. Upon inspection and acceptance of contract work, the contractor shall submit an acceptance letter with their invoice for payment, along with a detailed Materials List and a copy of Personnel Time Sheet(s) for items not covered by Furnish and Install bid prices, along with pertinent As-Built Plans. Be advised that Collier County Traffic Operations reserves the right to refuse payment for any, and/or all work performed without advance notification for inspection being provided either via e-mail, written correspondence, or by some other means of tangible evidence. Further, Collier County Traffic Operations also reserves the right to require excavation and/or exposure of any, and/or all work performed when advance notification was not provided/received by Collier County Inspection Staff as previously indicated, or underground work has been backfilled, and not staked prior to being seen by Collier County Inspection Staff, or Collier County Inspection Staff has any reason to suspect, and/or believe that the underground work may not have been installed per the aforementioned standards, specifications, requirements, etc. No additional payment for such exploratory excavation(s) will be paid. Contractor Employee Requirements: All personnel supplied by the Contractor for this Contract shall be either: 1. Employees of the Contractor, that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL BE UTILIZED BY THE CONTRACTOR FOR THIS PROJECT, or 2. Subcontractors, licensed in Collier County to perform the work intended. The use of any and all sub-contractors will require specific written permission of the Traffic Operation Engineer in advance of their work. Emergency traffic signal and/or roadway lighting repair, trouble shooting, communications system repair, or work shall be paid for using the following Schedules 1 — 5. The County is to reimburse the #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 8 Packet Page-860- 6/10/2014 16.A.17. Contractor for incidental materials as may be required. The Contractor is to be available twenty four �. (24) hours per day, 365 days per year. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. 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 March 17, 2014 Last Date for Receipt of Written Questions April 7, 2014 3:00PM Addendum Issued Resulting from Written Questions April 11, 2014 Solicitation Deadline Date and Time April 16, 2014 3:00PM Anticipated Evaluation of Submittals April 30, 2014 Anticipated Completion of Contract Negotiations May 2014 Anticipated Board of County Commissioner's Contract Approval Date June 2014 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. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 9 Packet Page-861- 6/10/2014 16.A.17. 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. 1. 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. List all proposed subcontractors who will participate on the team. 2. Tab II, Planned Execution of the Work (20 points) In this tab, include: • Detailed plan of approach for the two repair work scenarios listed on Exhibit A—Scope of Work. • Detailed plan of approach for the Maintenance Painting of Steel Mast Arm Assemblies and/or Steel Strain Poles. • Include as an attachment, detailed previous experience with Traffic Signal & Roadway Lighting Maintenance along with your experience in applying coatings to Steel Traffic Signal Mast Arm Assemblies or other structures. 3. Tab III, Experience and Capacity of Firm (20 points) In this tab, include: • Provide information that documents your company's qualifications to produce the required detailed scope of work, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • List current projects in the format identified below: Original Final Project Number of Project Description Start Date End Date Budget Cost Change Orders 4. Tab IV, Specialized Expertise of Team Members (20 points) In this tab, include: • A summary of the proposed team and the role to be played by each member of the team. • Include brief resumes of all the proposed team members who will be involved in the management of the detailed scope of work. • Include any additional information you would like the County to consider. 5. Tab VI Pricing (30 Points) LABOR, MATERIAL, and EQUIPMENT RATES* #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 10 Packet Page-862- 6/10/2014 16.A.17. 1. Labor: Routine Maintenance & Repair �., Supervisor $ per man hour* Signal Technician Level II $ per man hour* Signal Technician Level I $ per man hour* Laborer $ per man hour* 2. Heavy Equipment: Bucket Truck, Line (see note 1) Truck, Auger, Etc. $ operating hour per unit Crane: 121/2 Ton $ operating hour per unit 35 Ton $ operating hour per unit Rock Auger/Pressure Digger $ operating hour per unit 3. Minor Equipment: Air Compressor, (see note 1) Generator, Concrete Saw, etc. $ operating hour per unit 4. Material Mark-up: Cost plus % (percent) (For Traffic Signal Components, Mast Arm Paint & Paint Supplies, and Roadway Lighting Components) 5. Sub-Contractor Services: Cost plus % (percent) (Directional Boring, Concrete Sidewalk, etc.) *All labor rates for emergency callouts will be at the rate of 150% of the normal flat bid labor rates noted above for the first four(4) hours. NOTES: 1. Equipment in Items 3 and 4 from above shall be invoiced only for the actual hours of operation, and will not be charged for travel time or idle time on the job. Invoices are to document the days and hours of operation. 2. Proper MOT is incidental to maintenance and repair work. No charges shall be invoiced for the use of cones, barricades, warning signs, flags, arrow boards, trucks to pull arrow boards, etc. 3. Vehicles used to transport personnel shall be considered as a cost of labor and shall be reflected in the bid price for labor. 4. All labor hours invoiced shall document the employee by name, the location of work, the date and hours worked, and the task performed for each hour billed. NO Travel Time shall be billed to and from the job site. Only hours while working on job site shall be billed. Complete the following Forms I & II using the above Labor, Material & Equipment Rates along with the current cost of materials. Form I Typical Work Order for Contractor Performed Traffic Signal Services Existing Traffic Signal Electrical Service needs to be Rebuilt. Install New Conductors from Existing FPL Pad Mounted Transformer to New Service Pedestal with Disconnect to Controller Cabinet. Dispose of #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 11 Packet Page-863- 6/10/2014 16.A.17. Existing Electrical Service Components. Maintain Operation of Traffic Signal while Rebuilding Electrical Service. ItemO No Description Unit Qty Unit Total 639-1-122 Electrical Power Service Underground AS 1 (30' —2" PVC) 639-2-1 Electrical Service Wire AWG 6 XHHW Stranded LF 70 Copper(Cross-Linked Polyethylene) Rated 600 V 639-3-11 Electrical Service Disconnect (40 amp Breaker) EA 1 MOT, Generators, Labor & Equipment are Incidental to the Completion of the Work and based on the above Labor, Material, and Equipment Rates. Total Form II Typical Work Order for Contractor Performed Roadway Lighting Services Light Pole Knocked Down by Motor Vehicle. Replace Pole, Arm, Transformer Base and Electrical Components to Restore Installation to Proper Operation. Item No. Description Unit Qty Unit Cost Total 1 45' Aluminum Pole with 10' Arm &TB1-17 AS 1 2 400 watt HPS Full Cutoff Luminaire with Lamp EA 1 3 Black Fuse Holder EA 1 4 White Fuse Holder with Slug EA 1 5 10 amp Fuse EA 1 6 Surge Protector Ea 1 7 AWG 10 Conductor(Black, White, Green 55' ea) LF 165 MOT, Generators, Labor & Equipment are Incidental to the Completion of the Work and based on the above Labor, Material, and Equipment Rates. Total 6. Tab VI, 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. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 12 Packet Page-864- 6/10/2014 16.A.17. with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Total Reference Vendor Name Points Awarded Score Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. 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. 7. Tab VII, 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. 8. Tab VIII, 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 • Other: #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 13 Packet Page-865- 6/10/2014 16.A.17. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.collierclov.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 Purchasing Department 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 Purchasing Department. 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 delivered before 3:00PM, Naples local time, on or before April 7, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 14 Packet Page-866- 6/10/2014 16.A.17. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing/General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) disks (CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 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. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. 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. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 15 Packet Page-867- 6/10/2014 16.A.17. committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. 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. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. 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, Planned Execution of the Work 20 Tab III, Experience and Capacity of Firm 20 Tab IV, Specialized Expertise of Team Members 20 Tab V, Pricing 10 Tab VI, References 10 Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.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. n #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 16 Packet Page-868- 6/10/2014 16.A.17. 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 accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 17 Packet Page-869- 6/10/2014 16.A17. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer regulations. Risk of loss of any goods This offer is subject to cancellation by the sold hereunder shall transfer to the COUNTY without notice if not accepted by COUNTY at the time and place of VENDOR within fourteen (14) days of delivery; provided that risk of loss prior issuance. to actual receipt of the goods by the COUNTY nonetheless remain with 2. Acceptance and Confirmation VENDOR. This Purchase Order (including all b) No charges will be paid by the COUNTY documents attached to or referenced for packing, crating or cartage unless therein) constitutes the entire agreement otherwise specifically stated in this between the parties, unless otherwise Purchase Order. Unless otherwise specifically noted by the COUNTY on the provided in Purchase Order, no invoices face of this Purchase Order. Each delivery shall be issued nor payments made of goods and/or services received by the prior to delivery. Unless freight and COUNTY from VENDOR shall be deemed to other charges are itemized, any be upon the terms and conditions contained discount will be taken on the full amount in this Purchase Order. of invoice. c) All shipments of goods scheduled on the No additional terms may be added and same day via the same route must be Purchase Order may not be changed except consolidated. Each shipping container by written instrument executed by the must be consecutively numbered and COUNTY. VENDOR is deemed to be on marked to show this Purchase Order notice that the COUNTY objects to any number. The container and Purchase additional or different terms and conditions Order numbers must be indicated on bill contained in any acknowledgment, invoice of lading. Packing slips must show or other communication from VENDOR, Purchase Order number and must be notwithstanding the COUNTY'S acceptance included on each package of less than or payment for any delivery of goods and/or container load (LCL) shipments and/or services, or any similar act by VENDOR. with each car load of equipment. The COUNTY reserves the right to refuse or 3. Inspection return any shipment or equipment at All goods and/or services delivered VENDOR'S expense that is not marked hereunder shall be received subject to the with Purchase Order numbers. COUNTY'S inspection and approval and VENDOR agrees to declare to the payment therefore shall not constitute carrier the value of any shipment made acceptance. All payments are subject to under this Purchase Order and the full adjustment for shortage or rejection. All invoice value of such shipment. defective or nonconforming goods will be d) All invoices must contain the Purchase returned pursuant to VENDOR'S instruction Order .number and any other specific at VENDOR'S expense. information as identified on the Purchase Order. Discounts of prompt To the extent that a purchase order requires payment will be computed from the date a series of performances by VENDOR, the of receipt of goods or from date of COUNTY prospectively reserves the right to receipt of invoices, whichever is later. cancel the entire remainder of the Purchase Payment will be made upon receipt of a Order if goods and/or services provided proper invoice and in compliance with early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise non-conforming or otherwise rejected by the known as the "Local Government COUNTY. Prompt Payment Act," and, pursuant to 4. Shipping and Invoices the Board of County Commissioners a) All goods are FOB destination and must Purchasing Policy. be suitably packed and prepared to secure the lowest transportation rates 5. Time Is Of the Essence and to comply with all carrier #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 18 Packet Page-870- 6/10/2014 16.A.17. �, Time for delivery of goods or performance of the Occupational Health and Safety Act, the services under this Purchase Order is of the Federal Transportation Act and the Fair essence. Failure of VENDOR to meet Labor Standards Act, as well as any law or delivery schedules or deliver within a regulation noted on the face of the Purchase reasonable time, as interpreted by the Order. COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available 9. Advertising to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for further agrees that undiscovered delivery of goods and/or services, or appropriate or nonconforming goods and/or services is not make use of the COUNTY'S name or other a waiver of the COUNTY'S right to insist identifying marks or property without the upon further compliance with all prior written consent of the COUNTY'S specifications. Purchasing Department. 6. Changes The COUNTY may at any time and by 10. Indemnification written notice make changes to drawings VENDOR shall indemnify and hold harmless and specifications, shipping instructions, the COUNTY from any and all claims, quantities and delivery schedules within the including claims of negligence, costs and general scope of this Purchase Order. expenses, including but not limited to Should any such change increase or attorneys' fees, arising from, caused by or decrease the cost of, or the time required for related to the injury or death of any person performance of the Purchase Order, an (including but not limited to employees and equitable adjustment in the price and/or agents of VENDOR in the performance of delivery schedule will be negotiated by the their duties or otherwise), or damage to COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY the foregoing, VENDOR has an affirmative or other persons), which arise out of or are obligation to give notice if the changes will incident to the goods and/or services to be decrease costs. Any claims for adjustment provided hereunder. by VENDOR must be made within thirty(30) days from the date the change is ordered or 11. Warranty of Non-Infringement within such additional period of time as may VENDOR represents and warrants that all be agreed upon by the parties. goods sold or services performed under this Purchase Order are: a) in compliance with 7. Warranties applicable laws; b) do not infringe any VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret; and/or services covered by this Purchase and c)do not constitute unfair competition. Order will conform to the specifications, drawings, samples or other descriptions VENDOR shall indemnify and hold harmless furnished or specified by the COUNTY, and the COUNTY from and against any and all will be of satisfactory material and quality claims, including claims of negligence, costs production, free from defects and sufficient and expense, including but not limited to for the purpose intended. Goods shall be attorneys' fees, which arise from any claim, delivered free from any security interest or suit or proceeding alleging that the other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or party. These warranties shall survive services provided under this Purchase Order inspection, acceptance, passage of title and are inconsistent with VENDOR'S payment by the COUNTY. representations and warranties in section 11 (a). 8. Statutory Conformity Goods and services provided pursuant to If any claim which arises from VENDOR'S this Purchase Order, and their production breach of section 11 (a) has occurred, or is and transportation shall conform to all likely to occur, VENDOR may, at the ,----, applicable laws, including but not limited to COUNTY'S option, procure for the COUNTY #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 19 Packet Page-871- 6/10/2014 16.A.17. the right to continue using the goods or or threatens to delay timely performance of '1 services, or replace or modify the goods or this Purchase Order, VENDOR shall services so that they become non-infringing, immediately give notice thereof, including all (without any material degradation in relevant information with respects to what performance, quality, functionality or steps VENDOR is taking to complete additional cost to the COUNTY). delivery of the goods and/or services to the COUNTY. 12. Insurance Requirements The VENDOR, at its sole expense, shall 15. Assignment provide commercial insurance of such type VENDOR may not assign this Purchase and with such terms and limits as may be Order, nor any money due or to become due reasonably associated with the Purchase without the prior written consent of the Order. Providing and maintaining adequate COUNTY. Any assignment made without insurance coverage is a material obligation such consent shall be deemed void. of the VENDOR. All insurance policies shall be executed through insurers authorized or 16. Taxes eligible to write policies in the State of Goods and services procured subject to this Florida. Purchase Order are exempt from Florida sales and use tax on real property, transient 13. Compliance with Laws rental property rented, tangible personal In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from federal, state, and local laws, rules, codes, federal excise tax. and ordinances that are applicable to the conduct of its business. By way of non- 17. Annual Appropriations exhaustive example, this shall include the The COUNTY'S performance and obligation American with Disabilities Act and all to pay under this Purchase Order shall be prohibitions against discrimination on the contingent upon an annual appropriation of basis of race, religion, sex creed, national funds. origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges 18. Termination and without exception or stipulation shall be This Purchase Order may be terminated at fully responsible for complying with the any time by the COUNTY upon 30 days provisions of the Immigration Reform and prior written notice to the VENDOR. This Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated 1324, et seq. and regulations relating immediately by the COUNTY for breach by thereto, as either may be amended. Failure VENDOR of the terms and conditions of this by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has laws referenced herein shall constitute a provided VENDOR with notice of such breach of the award agreement and the breach and VENDOR has failed to cure County shall have the discretion to within 10 days of receipt of such notice. unilaterally terminate said agreement immediately. Any breach of this provision 19. General may be regarded by the COUNTY as a a) This Purchase Order shall be governed material and substantial breach of the by the laws of the State of Florida. The contract arising from this Purchase Order. venue for any action brought to specifically enforce any of the terms and 14. Force Majeure conditions of this Purchase Order shall Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and responsible for any delay or failure in for Collier County, Florida performance resulting from any cause b) Failure of the COUNTY to act beyond their control, including, but without immediately in response to a breach of limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall and acts of nature. When VENDOR has not constitute a waiver of breach. knowledge of any actual or potential force Waiver of the COUNTY by any default majeure or other conditions which will delay by VENDOR hereunder shall not be #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 20 Packet Page -872- 6/10/2014 16.A.17. deemed a waiver of any subsequent 112.061, Per Diem and Travel default by VENDOR. Expenses for Public Officers, employees c) All notices under this Purchase Order and authorized persons. shall be sent to the respective e) In the event of any conflict between or addresses on the face page by certified among the terms of any Contract mail, return receipt requested, by Documents related to this Purchase overnight courier service, or by personal Order, the terms of the Contract delivery and will be deemed effective Documents shall take precedence over upon receipt. Postage, delivery and the terms of the Purchase Order. To the other charges shall be paid by the extent any terms and for conditions of sender. A party may change its address this Purchase Order duplicate or overlap for notice by written notice complying the Terms and Conditions of the with the requirements of this section. Contract Documents, the provisions of d) The Vendor agrees to reimbursement of the Terms and/or Conditions that are any travel expenses that may be most favorable to the County and/or associated with this Purchase Order in provide the greatest protection to the accordance with Florida Statute Chapter County shall govern. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 21 Packet Page-873- 6/10/2014 16.A.17. 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 #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 22 Packet Page-874- 6/10/2014 16.A.17. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(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. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 75% or more of the solicitation amount for said work. 5. 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. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. 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. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 23 Packet Page-875- 6/10/2014 16.A.17. 7. 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 ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a 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. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 24 Packet Page-876- 6/10/2014 16.A.17. 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. 8. 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. 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. 9. 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. 10. 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; #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 25 Packet Page-877- 6/10/2014 16.A.17. 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. 11. 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. 12.Termination Should the Vendor be found to have failed to perform his 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. 13. 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 Purchasing 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. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. 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.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. 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- n #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 26 Packet Page-878- 6/10/2014 16.A.17. 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. 17. Survivability Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 14-6229 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department 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 Purchasing 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 Purchasing Director. 19. 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. 20. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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. 21.Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP n document. Disclosure of any potential or actual conflict of interest is subject to County staff review #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 27 Packet Page-879- 6/10/2014 16.A.17. 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. 22. 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. 23. 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 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 Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's 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. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 28 Packet Page-880- 6/10/2014 16.A.17. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 29 Packet Page-881- 6/10/2014 16.A.17. Colt Comity Administrative Seivices Division Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department 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, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting 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 #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 30 Packet Page-882- 6/10/2014 16.A.17. Cfffer Gointy Adni it Services Division Purchasing 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. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting and April 16th 2014 3:00PM ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 31 Packet Page-883- 6/10/2014 1.6.A.17. Co ier County Administratrve Services Division Purchasing Attachment 3: Conflict of Interest Affidavit 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 proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. 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 My Commission Expires #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 32 Packet Page-884- 6/10/2014 16.A.17. co t r County Adninistratikie Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting Dear Commissioners: The undersigned, as Vendor 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 Vendor 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 Vendor states that the proposal is based upon the n proposal documents listed by Solicitation: #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting (Proposal Continued on Next Page) #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 33 Packet Page-885- 6/10/2014 16.A.17. 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 #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 34 Packet Page-886- 6/10/2014 16.A.17. ter County Admtnestrative Services Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County El Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in ['Collier County or El Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in El Collier County or El Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 35 Packet Page-887- 6/10/2014 16.A.17. c y Administer Services Division- Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: #14-6229 Installation &Maintenance of Traffic Signals and Roadway Lighting 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. #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 36 Packet Page-888- 6/10/2014 16.A.17. Ct� c .ty Adrrinisirabve Services Division Purchasing Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation _Partnership Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (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 #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 37 Packet Page-889- 6/10/2014 16.A.17. Co It County Administrative Services Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ►1 Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ 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 Packet Page-890- 6/10/2014 16.A.17. the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ['Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. i-.. 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. 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 #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 39 Packet Page-891- 6/10/2014 16.A.17. Coder County Administrative Services DMsion Purchasing Attachment 9: Reference Questionnaire Solicitation: #14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (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/indivdival 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." 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 FAX this completed survey to: By #14-6229 Installation&Maintenance of Traffic Signals and Roadway Lighting 40 Packet Page-892- 6/10/2014 16.A.17. "'ma c *c:1) o MCI in a >' E co CO CD L ) o0 00 0 ,• c o o = E .�C N 0 c E co a m o w N V 0 c ccs 0 Ls m -se o0 o c,; U) c o o >, it I m ea > I- I) U u c U N co E N > C Z CO LL t .4- - E v- d) 0 C i J U N C °o 'i Q)C•L: .� N ca Z cw U rn Ure d Packet Page-893- 6/10/2014 16.A.17. AGREEMENTI4-6229 For Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT is made and entered into this day of , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Southern Signal & Lighting, Inc. as the Primary Contractor, authorized to do business in the State of Florida, whose business address is 3884 Prospect Avenue, Naples, Florida 34104 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding services ("Work") requested prior to the expiration of the Agreement period have been completed to the satisfaction of the County. This contract shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of Work, hereby attached and incorporated by reference. Each awardee will enter into an Agreement to perform routine and emergency traffic signal installation, maintenance and repair work, and roadway lighting installation, maintenance and repair work as an as-needed basis in accordance with the terms and conditions of RFP #14-6229 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Collier County Traffic Operations Department, any County Department may use this contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: Prior to the start of each individual job or group of jobs, the user department shall provide a description of Work to be performed to the Primary Contractor. The Primary Contractor shall have five (5) business days to respond that they are willing and able to complete the job(s) in the required time frame. The user department will then issue a Notice to Proceed, provided that there has been a Purchase Order established for the work. Packet Page-894- 6/10/2014 16.A.17. If the Primary Contractor cannot provide requested services within the timeframe specified by the user department, then the Secondary Contractor will then be contacted. The procedure for obtaining services is the same. Any modifications to this Agreement shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work pursuant to Exhibit B Price Schedule, attached herein and incorporated by reference. Any County Agency may utilize the services offered under this contract, provided sufficient funds are included in the budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Southern Signal & Lighting, Inc. Post Office Box 5142 Hudson, FL 34674 Attention: James T. Coleman, President Phone: 727-819-2061 Facsimile: 727-857-4097 Email: dgcoleman(d.tampabay.rr.com, All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP,: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. �-�6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not Packet Page -895- ® Ii 6/10/2014 16.A.17. responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Packet Page-896- (I) 6/10/2014 16.A.17. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, �., County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. CA it Packet Page-897- 6/10/2014 16.A.17. 14. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. The "Commencement Date" of all Work to be performed under this Agreement shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Work site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. C. Any delay caused by availability or capability of the Primary Contractor in the commencement of the Work described herein shall constitute the County's right to utilize the Secondary Contractor without penalty or shall not give rise to damages or additional compensation from County. Primary Contractor expressly acknowledges and agrees that it shall receive no damages or additional compensation for work issued to the Secondary Contractor for any reason. D. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. E. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Work Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is ,.. authorized to direct any extra or changed work orally. Packet Page -898- 6/10/2014 16.A.17. 16. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 17. COMPLIANCE WITH LAWS,. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. X20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner, and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, Packet Page -899- Cq 6/10/2014 16.A.17. insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, payment shall not become due and payable. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Collier County Traffic Operations Department. Packet Page-900- 6/10/2014 16.A.17. 27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Exhibit A Scope of Services, Exhibit B Price Schedule, Contractor's Proposal, Insurance Certificate(s), RFP #14-6229 any addenda, any Purchase Order made or issued pursuant to this Agreement and any related plans or specifications for any such Purchase Orders. 28. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 29. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 30. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 31. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 32. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 34. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 0 Packet Page -901- 6/10/2014 16.A.17. 35. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 37. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. 38. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Contractor's Proposal, the Contract Documents shall take precedence. **************** `*********' * Remainder of page intentionally left blank ******************************** cq Packet Page-902- 6/10/2014 16.A.17. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized •person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tom Henning, Chairman Dated: (Seal) Southern Signal & Lighting, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature i-e Second Witness Title Type/Print Witness Name Approved as to form and legality: 1?-'l Assistant County Attorney Packet Page -903- 6/10/2014 16.A.17. Exhibit A Scope of Work Contract 14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting The purpose of this Agreement is to assist the Collier County Traffic Operations Department and other County Departments and Agencies, including the Community Redevelopment Area (CRA) in performing routine and emergency traffic signal maintenance and repair work, and roadway lighting maintenance and repair work in all areas of Collier County including, but not limited to those that are under the jurisdiction of Collier County Traffic Operations Department. The Contractor shall provide all material, labor, equipment, Maintenance of Traffic (MOT), vehicles, and any other items required on a furnish and install or install only on an as-needed basis. This Agreement is for traffic operations in routine and emergency operations, maintenance, repairs, and upgrades of traffic signals and roadway lighting that is under the jurisdiction of Collier County Traffic Operations Department ("Work") or other County Departments and Agencies. The Work shall be performed in accordance with the contract documents, Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), Florida Department of Transportation Design Standards (latest edition), Collier County Traffic Operations Traffic Signal & Roadway Lighting Technical Special Provisions, (latest edition), and Collier County CMA# 5807 Maintenance of Traffic (MOT) requirements. Traffic Signal System Maintenance and Repair: Maintenance and repair work consists of providing all labor, material, equipment and MOT for routine signal maintenance, minor signal repairs, signal light unit replacement, signal wiring, signal system communications repairs, rebuilding electrical services, emergency repairs, etc. Collier County, at its discretion, may provide controller assemblies, signal indications/heads, or other signal components as deemed necessary. All work assigned shall be completed within fifteen (15) calendar days after issuance of a Notice to Proceed unless otherwise directed in writing by the Project Manager or his designee. In the event of an emergency, where a potential safety hazard may exist or where traffic is delayed or impeded; the County may deem the repair to be an Emergency Repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the County. Work shall be conveyed and confirmed by the use of Fax or Email transmissions, except for emergency repairs, which shall be given verbally by telephone, with written documentation to follow within twenty-four(24) hours. The Maintenance Painting of Steel Mast Arm Assemblies and Steel Strain Poles are included in Exhibit B Price Schedule and will be compensated under Labor, Material, and Equipment. This will include damage due to vehicle accidents and/or preparation and painting of entire intersection steel traffic signal assemblies. Damage repair areas and traffic signal assemblies painted under the Collier County Traffic Operations Maintenance of Structural Steel Standards will require a five (5) year warranty against Fading and Adhesion per FDOT Section 649-4.3 Painting. If the paint fails due to an application error the Contractor will be responsible for the paint during this entire five (5) year period. Roadway Lighting System Maintenance and Repair: The Maintenance and Repair work will include trouble shooting lack of power at luminaires, repair of a specific load center circuit and components, and replacement of conduit and conductors between roadway lighting pole installations, replacement of light pole installations and or load centers knocked down by vehicle crashes or service reasons. This includes all labor, equipment, materials, MOT, vehicles and components necessary to replace the roadway lighting installation on its existing foundation and/or load center installation. In the event that the existing light pole foundation must be replaced, that Work will be accomplished under a separate Notice to Proceed. The Notice to Proceed may include an initial callout visit to pick up the knocked down pole and parts and to make the location safe while awaiting a replacement installation. Should the Light Pole and Arm be undamaged and reusable, a replacement Transformer Base, Luminaire, and associated components as needed shall be installed to return the installation to normal operating condition. Collier County, at its n discretion, may provide roadway lighting components as deemed necessary. Response time to emergency callouts shall be less than two (2) hours. Packet Page-904- �,� 6/10/2014 16.A.17. 'The County will remain responsible for everyday maintenance of all the Roadway Lighting. MISCELLANEOUS MATERIALS &SERVICES: The County reserves the right to furnish any or all materials and/or services should such action be in the County's best interest. CONTRACTORS REQUIREMENTS/RESPONSIBILITIES: A. The Contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CMA Instruction 5807 of the County Manager Administrative procedure during all phases of project work. The Contractor will provide personnel trained and certified by the International Municipal Signal Association (IMSA) Safety in the Work Zone and FDOT Work Zone Safety certification to oversee set-up of MOT. The Contractor will assure the use of safety vests, traffic cones, and arrow boards at all work locations. Observation of unsafe MOT practices by County Transportation personnel or Risk Management personnel will be grounds for an order to cease work. The continuation of any unsafe MOT practices will be grounds to terminate this contract. 1. All MOT shall be considered as incidental work and payment will be issued in accordance to Exhibit B Price Schedule. No material, equipment, or labor shall be added to invoice costs for design, set- up, take-down, or maintenance of proper MOT. B. The Contractor shall be capable of providing field engineering and technical assistance as needed within the term of this contract. 1. All project meetings, scheduled or unscheduled, field meetings, office work, and permit applications ^ preparation work shall be considered administrative overhead and incidental to contract work, and shall be performed without billing. C. All Work performed by the Contractor shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) and Minimum Specifications for Traffic Control Signal Devices (Latest Edition), the Federal Highway Administration's Manual on Uniform Traffic Control Devices, Latest Edition, and Collier County's Technical Special Provisions for Traffic Signal Installations, Latest Edition. Collier County's Technical Special Provisions for traffic signal installations is available upon request from the Traffic Operations Department, 239-252-8260 or On-line Web Site. D. As a matter of public safety and liability, emergency service response time shall be adhered to strictly to maintain a minimal level of County liability. Failure by the Contractor to provide expedient response as outlined in Scope of Work/Notice to Proceed shall constitute contractual default. E. The County reserves the right to undertake any Work outlined in these specifications by County forces or by other contracts if such action is in the best interest of the County. F. Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for emergency repairs. No premium will be paid for night or weekend work. G. The Contractor's Field Supervisor or Project Manager shall be available directly, without involvement of office personnel or answering service, twenty four (24) hours per day seven (7) days per week with the Traffic Operations Department during the term of this contract for the purpose of direct contact with the Traffic Operations personnel. Licenses: The Contractor shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the Work required by the project pursuant to all applicable Packet Page-905- G� 6/10/2014 16.A.17. Federal, State and Local Laws, Statutes, Ordinances, and rules and regulations of any kind. The Contractor shall be licensed to operate within Collier County. Signal Technicians working inside the traffic signal controller cabinet shall have a minimum of IMSA Traffic Signal Level II Certification. Equipment: Aerial equipment must have a working height of sixty (60) feet. The Contractor must own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will apply only when the equipment is in use at the job site. Equipment Rental: In the event that additional, specialized and/or heavy equipment is needed, the user department must be notified, in advance, for approval. The reimbursement of additional equipment expense shall be at cost and will apply only while it is in use at the job site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. Safety: All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicabte rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. For all projects that require the Contractor to provide traffic control for work along roadways, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are available through the Risk Management or Traffic Operations Department. Interference with Traffic: At all times conduct the Work in such manner and in such sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along the roadway so as to cause no obstruction to the traveling public as possible. Contractor's Supervision: Give the Work the constant attention necessary to ensure the scheduled progress, and cooperate fully with the Project Manager and/or his appointed assistant or representative and with other contractors at work in vicinity. Contractor's Superintendent: Maintain a competent superintendent at the site at all times while work is in progress to act as the Contractor's agent. Provide a superintendent who is competent and capable of properly interpreting the Work Documents and is thoroughly experienced in the type of Work being performed. Provide a superintendent with the full authority to receive instructions from the Project Manager, including promptly supplying any materials, tools, equipment, labor, and incidentals that may be required. Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent who speaks and understands English, and maintain at least one (1) other responsible person who speaks and understands English, on the project during all working hours. Prices: Labor rates shall include all labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. All labor hours invoiced shall document the employee by name, the location of work, the date and hours worked, and the task performed for each hour billed. Storage of Items: On occasions throughout the contract term it may be necessary for the Contractor to store items such as traffic signal poles & arms, foundation bolts, roadway lighting poles, arms, precast foundations, and/or related traffic control structural components in the Contractor's material yard. This service will be provided at no additional compensation. Clean-Up: The Contractor shall be responsible for removing all debris from the work site and cleaning affected work areas. Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or upon request by the County's representative, shall remove such debris Packet Page-906- CA 6/10/2014 16.A.17. and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod). Protection of Property: The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the Work. There will be no cost to the County for the repair of unsatisfactory work. Substitute Performance: In the event the Contractor fails to perform any required service within the time schedule required under this contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or designee, in writing, prior to any delays or as a result of an Act of Nature. Construction Inspection Requirements: All work performed under this contract shall be initiated and completed within the contract time indicated on the Notice to Proceed provided for each work project, unless otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer or his designee. Notifications and Inspection Requirements: All Work performed under this Contract shall be initiated and completed within the Contract Time indicated on the Collier County Notice to Proceed provided for each work project unless otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer. Collier County Traffic Operations Department Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail (TrafficOps©colliergov.net) a minimum of seventy-two (72) hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road rights-of-way within Collier County. Collier County Traffic Operations Department Inspection Staff shall also be notified either via form letter or e- mail a minimum of no later than noon the working day prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any changes that necessitate the rescheduling of work that has been previously scheduled shall be provided in writing via e-mail no later than the morning that it was to be performed. Collier County Traffic Operation Department Inspection Staff has the full authority to shut down any and all overhead or underground work that has failed to comply with the aforementioned requisites. Request for acceptance inspection shall be submitted a minimum of forty-eight (48) hours in advance of the requested inspection time. Upon inspection and acceptance of contract Work, the Contractor shall submit an acceptance letter with their invoice for payment, along with a detailed Materials List and a copy of Personnel Time Sheet(s) for items not covered by in Exhibit B Price Schedule, along with pertinent As-Built Plans. Be advised that Collier County Traffic Operations reserves the right to refuse payment for any, and/or, all work performed without advance notification for inspection being provided either via e-mail, written Packet Page -907- ETA:C) 6/10/2014 16.A.17. correspondence, or by some other means of tangible evidence. Further, Collier County Traffic Operations also reserves the right to require excavation and/or exposure of any, and/or all work performed when advance notification was not provided/received by Collier County Inspection Staff as previously indicated, or underground work has been backfilled, and not staked prior to being seen by Collier County Inspection Staff, or Collier County Inspection Staff has any reason to suspect, and/or believe that the underground work may not have been installed per the aforementioned standards, specifications, requirements, etc. No additional payment for such exploratory excavation(s) will be paid. Contractor Employee Requirements: All personnel supplied by the Contractor for this Contract shall be either: 1. Employees of the Contractor, that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL BE UTILIZED BY THE CONTRACTOR FOR THIS CONTRACT, or 2. Subcontractors, licensed in Collier County to perform the work intended. The use of any and all sub-contractors will require specific written permission of the Traffic Operation Engineer in advance of their work. Emergency traffic signal and/or roadway lighting repair, trouble shooting, communications system repair, or work shall be paid pursuant to Exhibit B Price Schedule. The County is to reimburse the Contractor for incidental materials as may be required. The Contractor is to be available twenty-four (24) hours per day, three hundred sixty five (365) days per year. Packet Page-908- 6/10/2014 16.A.17. Exhibit B Price Schedule 14-6229 Installation and Maintenance of Traffic Signals and Roadway Lighting Description: Cost Labor: Routine Maintenance & Repair Supervisor $ 65.00 per man hour* 1 Signal Technician Level II $ 60.00 per man hour* Signal Technician Level I $60.00 per man hour* Laborer $55.00 per man hour Heavy Equipment: Bucket Truck, Line $60.00 operating hour per unit (see note 1) Truck, Auger, etc. 2 Crane: 12%Ton $ 110.00 operating hour per unit 35 Ton $250.00 operating hour per unit Rock Auger/Pressure Digger $200.00 operating hour per unit Minor Equipment: Air Compressor, $ 18.00 operating hour per unit 3. (see note 1) Generator, Concrete Saw, etc. Material Mark-up: Cost plus 15 % (fifteen percent) 4 (For Traffic Signal Components, Mast Arm Paint& Paint Supplies and Roadway Lighting Components, etc.) Sub-Contractor Services: Cost plus 7.50 % (seven and 1/2 5. (Directional Boring, Concrete Sidewalk, etc.) percent) *All labor rates for emergency callouts will be at the rate of one hundred fifty percent (150%) of the normal flat labor rates as noted above for the first four (4) hours. NOTES: 1. Equipment in Items 3 and 4 from above shall be invoiced only for the actual hours of operation, and will not be charged for travel time or idle time on the job. Invoices must document the days and hours of operation. 2. Proper MOT is incidental to maintenance and repair work. No charges shall be invoiced for the use of cones, barricades, warning signs, flags, arrow boards, trucks to pull arrow boards, etc. 3. Vehicles used to transport personnel shall be considered as a cost of labor and shall be included in the price for labor. 4. All labor hours invoiced shall document the employee by name, the location of work, the date and hours worked, and the task performed for each hour billed. No travel time shall be billed to and from the iob site. Only hours while working on iob site shall be billed. Packet Page-909- 6/10/2014 16.A.17. AGREEMENT14-6229 ^ II' For Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT is made and entered into this day of , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Simmonds Electrical of Naples, Inc., as the Secondary Contractor, authorized to do business in the State of Florida, whose business address is 8981 Quality Road, Unit 1, Bonita Springs, Florida 34135-7000 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding services ("Work") requested prior to the expiration of the Agreement period have been completed to the satisfaction of the County. This contract shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of Work, hereby attached and incorporated by reference. Each awardee will enter into an Agreement to perform routine and emergency traffic signal installation, maintenance and repair work, and roadway lighting installation, maintenance and repair work as an as-needed basis in accordance with the terms and conditions of RFP #14-6229 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Collier County Traffic Operations Department, any County Department may use this contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: Prior to the start of each individual job or group of jobs, the user department shall provide a description of Work to be performed to the Primary Contractor. The Primary Contractor shall have five (5) business days to respond that they are willing and able to complete the job(s) in the required time frame. The user department will then issue a Notice to Proceed, provided that there has been a Purchase Order established for the work. Cq Packet Page-910- 6/10/2014 16.A.17. If the Primary Contractor cannot provide requested services within the timeframe specified by the user department, then the Secondary Contractor will then be contacted. The procedure for obtaining services is the same. Any modifications to this Agreement shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work pursuant to Exhibit B Price Schedule, attached herein and incorporated by reference. Any County Agency may utilize the services offered under this contract, provided sufficient funds are included in the budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Simmonds Electrical of Naples, Inc. 8981 Quality Road, Unit 1 Bonita Springs, Florida 34135-7000 Attention: E.B. Simmonds, President Phone: 239-643-2770 Facsimile: 239-643-6873 Email: Bernie(c simmondselectricalofnaples.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PN. PERMITS: LICENSES: TAXES,: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all CA Packet Page -911- 6/10/2014 16.A.17. such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: • Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Cq� Packet Page-912- 6/10/2014 16.A.17. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 0 Packet Page-913- 6/10/2014 16.A.17. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. The "Commencement Date" of all Work to be performed under this Agreement shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Work site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. C. Any delay caused by availability or capability of the Primary Contractor in the commencement of the Work described herein shall constitute the County's right to utilize the Secondary Contractor without penalty or shall not give rise to damages or additional compensation from County. Primary Contractor expressly acknowledges and agrees that ,.. it shall receive no damages or additional compensation for work issued to the Secondary Contractor for any reason. D. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. E. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Work Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification Packet Page-914- 6/10/2014 16.A.17. of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 16. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner, and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid. Contractor shall Packet Page -915- 6/10/2014 16.A.17. also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. ci r) Packet Page -916- 6/10/2014 16.A.17. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, payment shall not become due and payable. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Collier County Traffic Operations Department. 27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Exhibit A Scope of Services, Exhibit B Price Schedule, Contractor's Proposal, Insurance Certificate(s), RFP #14-6229 any addenda, any Purchase Order made or issued pursuant to this Agreement and any related plans or specifications for any such Purchase Orders. 28. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 29. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 30. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 31. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure i-� 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. Packet Page-917- 6/10/2014 16.A.17. rte , 32. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 34. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 35. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 37. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Packet Page -918- 6/10/2014 16.A.17. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. 38. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Contractor's Proposal, the Contract Documents shall take precedence. *******************'"************ Remainder of page intentionally left blank ****'`""****************"****** Packet Page -919- 6/10/2014 16.A.17. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tom Henning, Chairman Dated: (Seal) Simmonds Electrical of Naples, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and legali : 7 CoP Assistant County Attorney elo Packet Page-920- 6/10/2014 16.A.17. Exhibit A Scope of Work Contract 14-6229 Installation & Maintenance of Traffic Signals and Roadway Lighting The purpose of this Agreement is to assist the Collier County Traffic Operations Department and other County Departments and Agencies, including the Community Redevelopment Area (CRA) in performing routine and emergency traffic signal maintenance and repair work, and roadway lighting maintenance and repair work in all areas of Collier County including, but not limited to those that are under the jurisdiction of Collier County Traffic Operations Department. The Contractor shall provide all material, labor, equipment, Maintenance of Traffic (MOT), vehicles, and any other items required on a furnish and install or install only on an as-needed basis. This Agreement is for traffic operations in routine and emergency operations, maintenance, repairs, and upgrades of traffic signals and roadway lighting that is under the jurisdiction of Collier County Traffic Operations Department ("Work") or other County Departments and Agencies. The Work shall be performed in accordance with the contract documents, Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), Florida Department of Transportation Design Standards (latest edition), Collier County Traffic Operations Traffic Signal & Roadway Lighting Technical Special Provisions, (latest edition), and Collier County CMA# 5807 Maintenance of Traffic (MOT) requirements. Traffic Sianal System Maintenance and Repair: Maintenance and repair work consists of providing all labor, material, equipment and MOT for routine signal maintenance, minor signal repairs, signal light unit replacement, signal wiring, signal system communications repairs, rebuilding electrical services, emergency repairs, etc. Collier County, at its discretion, may provide controller assemblies, signal indications/heads, or other signal components as deemed necessary. All work assigned shall be completed within fifteen (15) calendar days after issuance of a Notice to Proceed unless �.,otherwise directed in writing by the Project Manager or his designee. In the event of an emergency, where a potential safety hazard may exist or where traffic is delayed or impeded; the County may deem the repair to be an Emergency Repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the County. Work shall be conveyed and confirmed by the use of Fax or Email transmissions, except for emergency repairs, which shall be given verbally by telephone, with written documentation to follow within twenty-four(24) hours. The Maintenance Painting of Steel Mast Arm Assemblies and Steel Strain Poles are included in Exhibit B Price Schedule and will be compensated under Labor, Material, and Equipment. This will include damage due to vehicle accidents and/or preparation and painting of entire intersection steel traffic signal assemblies. Damage repair areas and traffic signal assemblies painted under the Collier County Traffic Operations Maintenance of Structural Steel Standards will require a five (5) year warranty against Fading and Adhesion per FDOT Section 649-4.3 Painting. If the paint fails due to an application error the Contractor will be responsible for the paint during this entire five (5) year period. Roadway Lighting System Maintenance and Repair: The Maintenance and Repair work will include trouble shooting lack of power at luminaires, repair of a specific load center circuit and components, and replacement of conduit and conductors between roadway lighting pole installations, replacement of light pole installations and or load centers knocked down by vehicle crashes or service reasons. This includes all labor, equipment, materials, MOT, vehicles and components necessary to replace the roadway lighting installation on its existing foundation and/or load center installation. In the event that the existing light pole foundation must be replaced, that Work will be accomplished under a separate Notice to Proceed. The Notice to Proceed may include an initial callout visit to pick up the knocked down pole and parts and to make the location safe while awaiting a replacement installation. Should the Light Pole and Arm be undamaged and reusable, a replacement Transformer Base, Luminaire, and associated components as needed shall be installed to return the installation to normal operating condition. Collier County, at its discretion, may provide roadway lighting components as deemed necessary. Response time to emergency callouts shall be less than two (2) hours. Packet Page -921- 6/10/2014 16.A.17. The County will remain responsible for everyday maintenance of all the Roadway Lighting. MISCELLANEOUS MATERIALS & SERVICES: The County reserves the right to furnish any or all materials and/or services should such action be in the County's best interest. CONTRACTORS REQUIREMENTS/RESPONSIBILITIES: A. The Contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CMA Instruction 5807 of the County Manager Administrative procedure during all phases of project work. The Contractor will provide personnel trained and certified by the International Municipal Signal Association (IMSA) Safety in the Work Zone and FDOT Work Zone Safety certification to oversee set-up of MOT. The Contractor will assure the use of safety vests, traffic cones, and arrow boards at all work locations. Observation of unsafe MOT practices by County Transportation personnel or Risk Management personnel will be grounds for an order to cease work. The continuation of any unsafe MOT practices will be grounds to terminate this contract. 1. All MOT shall be considered as incidental work and payment will be issued in accordance to Exhibit B Price Schedule. No material, equipment, or labor shall be added to invoice costs for design, set- up, take-down, or maintenance of proper MOT. B. The Contractor shall be capable of providing field engineering and technical assistance as needed within the term of this contract. 1. All project meetings, scheduled or unscheduled, field meetings, office work, and permit applications preparation work shall be considered administrative overhead and incidental to contract work, and shall be performed without billing. C. All Work performed by the Contractor shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) and Minimum Specifications for Traffic Control Signal Devices (Latest Edition), the Federal Highway Administration's Manual on Uniform Traffic Control Devices, Latest Edition, and Collier County's Technical Special Provisions for Traffic Signal Installations, Latest Edition. Collier County's Technical Special Provisions for traffic signal installations is available upon request from the Traffic Operations Department, 239-252-8260 or On-line Web Site. D. As a matter of public safety and liability, emergency service response time shall be adhered to strictly to maintain a minimal level of County liability. Failure by the Contractor to provide expedient response as outlined in Scope of Work/Notice to Proceed shall constitute contractual default. E. The County reserves the right to undertake any Work outlined in these specifications by County forces or by other contracts if such action is in the best interest of the County. F. Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for emergency repairs. No premium will be paid for night or weekend work. G. The Contractor's Field Supervisor or Project Manager shall be available directly, without involvement of office personnel or answering service, twenty four (24) hours per day seven (7) days per week with the Traffic Operations Department during the term of this contract for the purpose of direct contact with the Traffic Operations personnel. Licenses: The Contractor shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the Work required by the project pursuant to all applicable Packet Page-922- C 1O 6/10/2014 16.A.17. Federal, State and Local Laws, Statutes, Ordinances, and rules end regulations of any kind. The Contractor 'shall be licensed to operate within Collier County. Signal Technicians working inside the traffic signal controller cabinet shall have a minimum of IMSA Traffic Signal Level II Certification. Equipment: Aerial equipment must have a working height of sixty (60) feet. The Contractor must own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will apply only when the equipment is in use at the job site. Equipment Rental: In the event that additional, specialized and/or heavy equipment is needed, the user department must be notified, in advance, for approval. The reimbursement of additional equipment expense shall be at cost and will apply only while it is in use at the job site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. Safetv: All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. For all projects that require the Contractor to provide traffic control for work along roadways, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are available through the Risk Management or Traffic Operations Department. Interference with Traffic: At all times conduct the Work in such manner and in such sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along tithe roadway so as to cause no obstruction to the traveling public as possible. Contractor's Supervision: Give the Work the constant attention necessary to ensure the scheduled progress, and cooperate fully with the Project Manager and/or his appointed assistant or representative and with other contractors at work in vicinity. Contractor's Superintendent: Maintain a competent superintendent at the site at all times while work is in progress to act as the Contractor's agent. Provide a superintendent who is competent and capable of properly interpreting the Work Documents and is thoroughly experienced in the type of Work being performed. Provide a superintendent with the full authority to receive instructions from the Project Manager, including promptly supplying any materials, tools, equipment, labor, and incidentals that may be required. Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent who speaks and understands English, and maintain at least one (1) other responsible person who speaks and understands English, on the project during all working hours. Prices: Labor rates shall include all labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. All labor hours invoiced shall document the employee by name, the location of work, the date and hours worked, and the task performed for each hour billed. Storage of Items: On occasions throughout the contract term it may be necessary for the Contractor to store items such as traffic signal poles & arms, foundation bolts, roadway lighting poles, arms, precast foundations, and/or related traffic control structural components in the Contractor's material yard. This service will be provided at no additional compensation. 'Clean-Up: The Contractor shall be responsible for removing all debris from the work site and cleaning affected work areas. Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or upon request by the County's representative, shall remove such debris Packet Page -923- c ?�� 6/10/2014 16.A.17. and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod). Protection of Property: The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the Work. There will be no cost to the County for the repair of unsatisfactory work. Substitute Performance: In the event the Contractor fails to perform any required service within the time schedule required under this contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or designee, in writing, prior to any delays or as a result of an Act of Nature. Construction Inspection Requirements: All work performed under this contract shall be initiated and completed within the contract time indicated on the Notice to Proceed provided for each work project, unless otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer or his designee. Notifications and Inspection Requirements: All Work performed under this Contract shall be initiated and completed within the Contract Time indicated on the Collier County Notice to Proceed provided for each work project unless otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer. Collier County Traffic Operations Department Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail (TrafficOpsacoliiergov.net) a minimum of seventy-two (72) hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road rights-of-way within Collier County. Collier County Traffic Operations Department Inspection Staff shall also be notified either via form letter or e- mail a minimum of no later than noon the working day prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any changes that necessitate the rescheduling of work that has been previously scheduled shall be provided in writing via e-mail no later than the morning that it was to be performed. Collier County Traffic Operation Department Inspection Staff has the full authority to shut down any and all overhead or underground work that has failed to comply with the aforementioned requisites. Request for acceptance inspection shall be submitted a minimum of forty-eight (48) hours in advance of the requested inspection time. Upon inspection and acceptance of contract Work, the Contractor shall submit an acceptance letter with their invoice for payment, along with a detailed Materials List and a copy of Personnel Time Sheet(s) for items not covered by in Exhibit B Price Schedule, along with pertinent As-Built Plans. Be advised that Collier County Traffic Operations reserves the right to refuse payment for any, and/or all work performed without advance notification for inspection being provided either via e-mail,written Packet Page-924- �'� 6/10/2014 16.A.17. correspondence, or by some other means of tangible evidence. Further, Collier County Traffic 'Operations also reserves the right to require excavation and/or exposure of any, and/or all work performed when advance notification was not provided/received by Collier County Inspection Staff as previously indicated, or underground work has been backfilled, and not staked prior to being seen by Collier County Inspection Staff, or Collier County Inspection Staff has any reason to suspect, and/or believe that the underground work may not have been installed per the aforementioned standards, specifications, requirements, etc. No additional payment for such exploratory excavation(s) will be paid. Contractor Employee Requirements: All personnel supplied by the Contractor for this Contract shall be either: 1. Employees of the Contractor, that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL BE UTILIZED BY THE CONTRACTOR FOR THIS CONTRACT, or 2. Subcontractors, licensed in Collier County to perform the work intended. The use of any and all sub-contractors will require specific written permission of the Traffic Operation Engineer in advance of their work. Emergency traffic signal and/or roadway lighting repair, trouble shooting, communications system repair, or work shall be paid pursuant to Exhibit B Price Schedule. The County is to reimburse the Contractor for incidental materials as may be required. The Contractor is to be available twenty-four (24) hours per day, three hundred sixty five (365) days per year. t Packet Page-925- 6/10/2014 16.A.17. Exhibit B Price Schedule 14-6229 Installation and Maintenance of Traffic Signals and Roadway Lighting No. Description - Cost Labor: Routine Maintenance & Repair Supervisor $ 55.00 per man hour* 1 Signal Technician Level II $ 55.00 per man hour* Signal Technician Level I $ 55.00 per man hour* Laborer $ 55.00 per man hour Heavy Equipment: Bucket Truck, Line $ 85.00 operating hour per unit (see note 1) Truck, Auger, etc. 2 Crane: 12%Ton $ 100.00 operating hour per unit 35 Ton $ 150.00 operating hour per unit Rock Auger/Pressure Digger $ 150.00 operating hour per unit Minor Equipment: Air Compressor, $ 10.00 operating hour per unit 3. (see note 1) Generator, Concrete Saw, etc. Material Mark-up: Cost plus 10 % (ten percent) 4 (For Traffic Signal Components, Mast Arm Paint& Paint Supplies and Roadway Lighting Components, etc.) Sub-Contractor Services: Cost plus 10 % (ten percent) 5. (Directional Boring, Concrete Sidewalk, etc.) *All labor rates for emergency callouts will be at the rate of one hundred fifty percent (150%) of the normal flat labor rates as noted above for the first four(4) hours. NOTES: 1. Equipment in Items 3 and 4 from above shall be invoiced only for the actual hours of operation, and will not be charged for travel time or idle time on the job. Invoices must document the days and hours of operation. 2. Proper MOT is incidental to maintenance and repair work. No charges shall be invoiced for the use of cones, barricades, warning signs, flags, arrow boards, trucks to pull arrow boards, etc. 3. Vehicles used to transport personnel shall be considered as a cost of labor and shall be included in the price for labor. 4. All labor hours invoiced shall document the employee by name, the location of work, the date and hours worked, and the task performed for each hour billed. No travel time shall be billed to and from the lob site. Only hours while working on job site shall be billed. Packet Page-926-