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#18-7252 (Highway Safety Devices, Inc.)
FIXED TERM SERVICE AGREEMENT # 18-7252 for ROADWAY SIGNS REPAIR THIS AGREEMENT, made and entered into on this )311.` day of \`()orck\ 2018 , by and between Highway Safety Devices, Inc. , authorized to do business in the State of Florida, whose business address is 6480 Harney Road, Tampa, Florida 33610 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one ( 1 ) year period, commencing ❑� upon the date of Board approval ❑ on and terminating on one ( 1 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for 0 (0 ) additional 0 (0 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) • Invitation to Bid (ITB) ❑ Other ( ) # 18-7252 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. III The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. • Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ❑ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6) months after completion of the Agreement. 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. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.I) 4.4 n (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Highway Safety Devices, Inc. Address: 6480 Harney Road Tampa, Florida 33610 Authorized Agent: Gordon Johnson, President Attention Name & Title: Gordon Johnson, President Telephone: 813-759-1559 E-Mail(s): GordonJ@highwaysafetydevices.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: Transportation Engineering & Construction Management Address: 2885 South Horseshoe Drive Naples, Florida 34104 Administrative Agent/PM: Daniel Hall, Principal Project Manager Telephone: 239-252-6077 E-Mail(s): Daniel.Hall@colliercountyfl.gov 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 Agreement must be in writing. 7. 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. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. 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 Agreement 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. Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver.]) 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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 the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑t 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. U 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. D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. E Cyber Liability: Coverage shall have minimum limits of$ per claim. F. ❑ : Coverage shall have minimum limits of $ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, 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 13 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. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering & Construction Management. Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ 0 ITB/E] Other # 18-7252 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and I 1 Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; 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)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver 1) Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. n 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. 24. 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. 25. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County 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 the County. Contractor shall also be responsible for and pay Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.l) 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 the County is entitled as a matter of law. 26. ❑ 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 County 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 County. 27. ❑ 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 the County or County'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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County 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 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 the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. 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. 33. 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. 34. ❑■ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. (l AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. n 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 Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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 division/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 Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF CO TY COMMISSIONERS COLLIER C NTY LORID' Dwight E. Br:tol 19sk.of Courts r,i By: 1, . A . ,�` 0 ,O.G. By: f ,� ; olis, Esq. Chairman Dated:''; —I * Aa rt AI��to P 1 ' t t Corflas ) rsses: .. Highway Safety Devices, Inc. Contractor V,Akkof)A& By: Contractor's First Witness Sigratu e YVC1 11E'e.n Trc(K Type/print signature and titleT TType/print witness nameT V.ct,(, C . .I 1 c u-t$. Contra or's Second Witness Kayla C . Dcvts TType/print witness nameT i Approved • to 'or /L_____d t, AF !1I _ Co sty Attorney Print Name Page 14 of 17 44 Fixed Term Service Agreement#2017-002(Ver.I) Exhibit A Scope of Services *following this page ( 12# of Pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Attachment A-Scope of Work/Services and Technical Specifications Detailed Scope of Work This scope describes and defines the services that are required for the execution of sign repair operations on local roadways, as determined by Collier County Traffic Operations. The work would start with primary regulatory/safety signs such as stop, yield, one way, and do not enter. The work would then proceed to arterial roadways and then subdivisions/ neighborhoods or as directed by the County. The Contractor shall provide all labor, sand/fill material, and equipment required to complete the work: including any necessary Temporary Traffic Control ("TTC"), Mobilization and Demobilization costs. Traffic Operations will generally supply related materials such as signs, posts, and brackets. Depending on in-house inventory of the above materials, we would like to reserve the option to have the Contractor, when requested, to provide sign panels, posts, and related materials on a material cost plus of 10% markup. All sign repair operations performed under this contract shall be in accordance with the most current Manual on Uniform Traffic Control Devices ("MUTCD"), Collier County, and Florida Department of Transportation ("FDOT") specifications. Sign assemblies to be repaired include single post signs, and multi-post signs. The expectation is that the signs will be installed at a proper height, oriented correctly with posts vertically straight, installed at a minimum depth of 30 inches if using a 12' post without extension 36 inches if using an extension or 14' post, filled and compacted with sand so that the area around the sign assembly base is compacted flush with the surrounding grade. The Contractor shall, at all times, have a minimum of eight 2-man sign repair crews available for reporting directly to work sites for the duration of the project. The expectation is that each sign repair crew can repair an average of 25 signs per day. The contractor may utilize up to a maximum of twenty 2- man crews to perform the work. Contractor shall provide superintendent(s) to oversee and supervise the work of the sign crews. Each superintendent shall oversee no more than five (5) sign crews. Traffic Operations, at its sole discretion and at any time, will supplement this scope of work and perform work with in-house forces. The Contractor shall not perform work on any road unless authorized by Traffic Operations or their representative. Roadways and corresponding limits will be assigned to the Contractor. The Contractor is expected to include documentation of all work completed. This would include date of installation and three photos of each sign assembly (before, after, and bar code), individually geolocated (GPS Coordinates) for inspection and payment application. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's project manager or their designee. If a sign assembly does not pass inspection,any corrections necessary shall be done at the Contractors expense. The work should be based on a hourly basis which includes all contract administration, inspection, supervision, and all the equipment necessary to perform the work (for example a two-man crew and a truck). The work is divided into two categories: Category 1: Single posted sign assemblies(anticipated one crew and truck able to carry 12'-14' posts) Category 2:Multi-posted sign assemblies(anticipated one or more crews and bucket truck/crane) Most of the sign assemblies fall within Category 1. Less than 1% of the sign assemblies would be a Category 2. All materials that are removed shall be brought to the Traffic Operations facility at 2885 South Horseshoe Drive so the County can recycle them. Traffic Operations encourages all prospective Contractors to drive County roads to get a feel for the scope of work involved. ITB 18-7252 Roadway Signs Repair Temporary Traffic Control Policy For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the MUTCD,where applicable on local roadways and as prescribed in the FDOT Design Standards. All Temporary Traffic Control ("TTC") shall be overseen by contractor personnel who possess a minimum of Intermediate TTC Certification. These projects shall also comply with Collier County's TTC Policy, #5807, this is attachment C. Strict adherence to the requirements of the TTC policy will be enforced under this Contract. All costs associated with the TTC shall be included. If lane closures are necessary,they shall be restricted as follows: No work shall be done requiring a lane closure between the following hours: • From 6:00 A.M.to 9:00 A.M.and 3:00 P.M to 7:00 P.M.on Monday through Friday • Holidays and special-event days,as permitted by the engineer. • Emergencies as deemed necessary by Collier County Emergency Management, law enforcement authorities,or the engineer. Purchase of sign panels and posts Collier County, as an option and per direction of the engineer, may request the Contractor to provide sign panels, posts, and related materials on a material cost plus markup basis (for example: speed limits, Do Not Enter, One Way, street names, etc.). The allowable markup is 10%. These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing traffic sign materials and related supplies. Unless otherwise indicated, all products shall meet the Florida Department of Transportation (FDOT) Qualified Products List(QPL)Specifications,700—Highway Signing. Items listed are dependent upon each other,providing for uniformity of signs. Reflective sheeting material types III, IV, VII and XI shall be classified in accordance with ASTM D-4956 and must be 3M quality or the equivalent. Traffic Operations must approve of all sign panels prior to purchase and installation by the Contractor. Sign Faces: All faces and pavement markings shall be in conformance with the 2009 Edition of the Manual on Uniform Traffic Control Devices, or most current edition, and the 2012 Supplement to the Standard Highway Signs and Markings(SHSM)Book,or most current edition. Fabricated Signs: Faces are to be mounted on .080-gauge, .100-gauge, or .125-gauge (for street name signs) aluminum blanks in accordance with Florida Department of Transportation and Collier County's Traffic Operations Standards. Additional design guidance will be provided by Traffic Engineering if this option is executed. The Contractor will be responsible for obtaining copies of all required materials, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with their requirements. Posts: Posts shall be 12' or 14' galvanized square 2"to 2-1/2" steel posts. If the optional Contractor purchase is implemented, prior to purchase, Contractor to coordinate with Traffic Operations regarding material specifications. Interpretation of Specifications: If the Bidder believes that the meaning of any part of the Bid Document is uncertain, obscure, or contains errors or omissions, he should report such opinion to the Procurement Strategist no less than ten (10) days prior to the bid opening date. Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the County as non-responsive. The County reserves the right to waive any irregularities, technicalities or informalities in any bid and reject any/all bids. The Contractor will be responsible for obtaining copies of all required manuals,MUTCD,FDOT Roadway&Traffic Design Standards Indexes,or other related documents,so to become familiar with their requirements. Licenses/certifications required: The bidding Contractor is to be FDOT Pre-qualified in roadway signing. Project Superintendent(s) is/are expected to be on the project daily, be TTC certified, and have acquired the International Municipal Signal Association's (IMSA) Sign Technician Level III or the Signs and Pavement Markings Level II certifications. These certifications are to be submitted at time of proposal. In addition to these requirements please refer to Attachment D for contractor responsibilities and damage assessment. Attachment D RISK MANAGEMENT DEPARTMENT unto OCCUPATIONAL SAFETY PROGRAM SUBJECT: Maintenance of Traffic REFERENCE: CMA 5807, Countywide JSA#9 EFFECTIVE DATE: March 13, 2000 REVISION DATE: December 1, 2010 PURPOSE: The purpose of this instruction is to assure that all work being performed in County rights-of-way is performed following both The Manual On Traffic Control Devices (MUTCD) Standards (Current Edition) and/or Florida Department of Transportation (FDOT) standards (Current Edition), thus assuring a safe environment for workers, vehicular traffic and pedestrians on all County roadways, streets, bike paths and sidewalks. SCOPE: This policy shall apply to all work performed in Collier County rights-of-way, including that performed by contractors working for the County, contractors working for developers, utility companies (including work performed by their personnel or sub-contractors) and all county work forces within each department of each division. Both departmental requirements (internal) as well as contractor (external) requirements are outlined in this policy. CONCEPT: This instruction references the MUTCD Section VI and the 600 Series of the Florida Department of Transportation Design Standards. It shall be the sole responsibility of each contractor or department to be familiar with and understand the MUTCD and FDOT Design Standards, including any and all changes, updates or revisions made to these instructions. GENERAL DEFINITIONS: Qualified Work Zone Employee — Means any employee, who by acceptable qualification, has obtained the knowledge, competency, has the experience and holds responsibility for developing and/or ensuring the proper setup of the Maintenance of Traffic Plan or Joint Maintenance of Traffic Plan. Collier County Work Zone Safety Inspector— Shall mean any Collier County employee, who by way of training, qualification and knowledge of traffic safety, has been designated by Collier County's Risk Management Department as a "Work Zone Safety Inspector." Contractor— For all purposes associated with this policy, the term "contractor" shall refer to any and all contractors and/or their respective sub-contractors, working for Collier County, contractors working for developers, utility companies and any and all sub-contractors working for any of the above mentioned parties. Immediately Available — Shall mean that the work zone certified person must be available to a work zone inspector within 20 minutes of initial contact. Lane Closure — For all purposes associated with this policy, the term "closure" or "closures" shall refer to any closing of a Collier County roadway, street, sidewalk, median or bike path. 1 Maintenance of Traffic Plan (MOT Plan) — Shall mean a form used to describe, in detail, the exact location, date, and setup criteria needed and used in conjunction with any "work zone" deemed necessary within a Collier County Right-of-Way. Right-of-Way(s) — Shall mean any Collier County roadway, median, bike path, sidewalk and/or any distances from the edge of these surfaces as established by Collier County. "Shall" or "Must" —These terms, when used, are defined as meaning mandatory. Traffic Control Zone (TCZ) — For all purposes associated with this policy, the term "traffic control zone" or "work zone" shall refer to the entire area from Advanced warning location to the Termination area, where any operations are being performed on any Collier County roadway, street, median, bike path, sidewalk and within the width of any right-of-way associated with such roadways or streets, regardless of distance from roadway. INSPECTION DEFINITIONS: Additional Protection Needed —The existence of any condition or practice which could potentially cause death or serious physical harm that was not visible on the JMOT and/or MOT written plan. This requires work to be stopped, if necessary, in order to make the necessary changes to the work zone. Minor/Non-Serious — The existence of any condition or practice which has the potential to create traffic flow problems, minor visibility issues, etc., but is not serious enough to warrant a stop work condition. Stop Work-Imminent Danger— The existence of any condition or practice which could reasonably be expected to cause death or serious physical harm before such condition or practice can be corrected. Work shall be completely stopped until all corrective measures have been applied. Stop Work-Noncompliance — A violation described in a notice has not been totally corrected within the noted abatement time, and the abatement time should not be extended. Work shall be completely stopped until all necessary corrections have been made. All other related definitions may be found in Part VI of the MUTCD and/or the 600 series of the FDOT Design Standards. A. General Safety Requirements (Internal and External): 1. In addition to the safety requirements provided within this policy, each contractor shall have sole responsibility to follow all applicable OSHA construction regulations. These regulations can be found in OSHA 29 CFR 1926. These regulations shall not be provided by Collier County and knowledge and understanding of these regulations are the responsibility of the contractor. EX.OSHA 29 CFR 1926.651, Subpart "P" Specific Excavation Requirements — outlines the minimum procedures required for performing trenching and excavation work in a safe manner. 2 2. Violations of OSHA regulations shall be documented and enforced in the same manner as violations of this policy. Failure to comply with any OSHA requirement may result in the same disciplinary action taken for a violation of this policy. 3. High-visibility clothing or vests with retro-reflectorized striping must be worn at all times by all employees working within Collier County Rights-of-Way (see exception in #5 below). This includes personnel that may visit the "work zone" temporarily, such as management and/or vendors. ANSI/SEA 107-2004 or the most current edition, Class 2 or Class 3 garments are required for daytime and night-time use. 4. A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness, including during inclement weather situations where conditions may create hours of darkness during normal daylight conditions. 5. Exception: When other industry apparel safety standards require workers to wear apparel that is inconsistent with Federal, State or County requirements such as NFPA, OSHA, ANSI, etc., the other standards may prevail. However, apparel must still meet high visibility color requirements of fluorescent lime-green or fluorescent red-orange only and must be maintained in good condition and replaced as necessary. EX. Utility workers exposed to high voltage electricity may choose not to wear vests or clothing with retro-reflective striping as long as the color requirements listed above are met. B. Contractor Requirements (External): 1. Each contractor shall maintain at least one employee on-staff that has obtained a Work Zone Traffic Control Safety Qualification from the University of Florida, The Southwest Florida Safety Council, The International Municipal Signal Association (IMSA) or an approved, equivalent qualification from the American Traffic Safety Services Association (ATSSA), the Florida Department of Transportation (FDOT) or any other agency, group or consulting firm that provides FDOT approved certifications in this area. 2. Effective November 6, 2001 each contractor shall obtain one of the above mentioned qualifications within sixty (60) days upon submission of a bid or prior to the start of any work activity and/or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown until qualification is obtained. 3. Each contractor shall maintain copies of employee qualifications on site at all times. Contractors who cannot show immediate proof of certification may be shut down until certification is obtained/presented. 4. Where right-of-way connection or work permits are required, the contractor shall submit a Maintenance of Traffic (MOT) plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The MOT plan must be signed by the contractor's qualified "work zone" employee or developing agency and submitted to all applicable departments. 5. Specific permitting requirements shall be obtained from Collier County's Growth Management Division, Transportation Engineering and Construction Management Department, Collier County's Transportation Operations Section, Permit Section, or other applicable departments, as necessary. This must be done before any work begins. 3 6. In the event the MOT plan changes during the project, documentation of the change(s) shall be made by the contractor's qualified Work Zone employee and noted on the worksite MOT plan. The contractor is not required to forward the changes to the MOT plan to applicable Collier County departments or their representatives, unless directed to do so. However, the contractor will be required to show changes on the written MOT plan and resent them upon request. 7. The contractor must ensure that all their employees and sub-contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's qualified Work Zone Safety Inspector will not be immediately available (see definitions). 8. Emergency work that is being performed by a contractor may not require the contractor to submit a MOT plan. However, the contractor must comply with all requirements, as previously described. 9. All signs shown on the MOT shall comply with the current MUTCD — Part VI or the 600 Series of Florida Department of Transportation Design Standards. 10.All standards specified within the current MUTCD — Part VI and/or FDOT Design Standards, 600 series shall be strictly followed and enforced at all times. 11.Every attempt shall be made to avoid lane/road closures: Where it is not possible to completely avoid these closures, the following procedures shall be followed: a. The contractor shall notify Collier County's TECM Department, Transportation Operations Section and/or the Growth Management Division's Community Liaison. Collier County will assist in the public notification of said lane/road closures; however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. b. No road/lane closures will be permitted between the hours of 7:00 — 9:00 a.m. and between 3:30 p.m. and 6:30 p.m. Exceptions can be made at the discretion of the Growth Management Administrator or designee. Emergency closures do not fall under these requirements. If an emergency closure is necessary during the times listed above, notification to applicable Collier County's departments must be made as soon as possible (within 1 hour). c. The contractor must also notify Collier County's Bureau of Emergency Services Division and/or any of the below listed agencies when the lane/road closure may cut off a standard route used by Fire, EMS, Police or other emergency agencies. The contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. d. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible (within 1 hour) in the event of an emergency. Notification of project termination shall also be made to above mentioned parties as soon as the project is completed. e. Closures on two-lane two-way roads must be limited, where possible, to single lane closures with traffic controlled by approved traffic control devices, flaggers, temporary traffic lighting and/or other approved means of work zone traffic control as specified within the MUTCD (current edition) and/or the FDOT Design Standards (current edition). 4 f. Lane closures on multi-lane roads should be limited to single lane closures, where possible. Where single lane closures are not feasible, contractors shall submit justification for the closure of multiple lanes. The Growth Management Administrator or his designee shall make final determination. However, where multiple lane closures create a greater hazard to pedestrians, bicyclists, vehicular traffic or others using existing sidewalks, bike paths or bike lanes, Collier County's Risk Management will have final authority over these closures and will shut down inadequate or dangerous set-ups. g. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. h. If the work cannot be performed without closing all traffic lanes for periods longer than five-minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and/or marked detours or other approved methods. i. The contractor shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plan must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signage and markings that will be used, and any other information deemed necessary according to State (FDOT Design Standards 600 Series) and/or Federal (MUTCD) regulations. j. The MOT Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures, other than for an emergency, are authorized without the prior approval of the Growth Management Administrator or an appointed designee. k. If an immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Growth Management Administrator or designee, the Permits Manager or an appointed designee shall be made as soon as possible (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County's Risk Management Department, the Growth Management Division or any Collier County Work Zone Inspector, the contractor shall provide MOT Plans at any time during the project. In the event that the approved MOT plan is not available or not being followed, the contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and will be determined according to the hazards that are presented and their potential effect on public safety. C. Collier county Departmental Requirements (Internal): 1. Each department must develop an MOT Plan for any project involving work or activity that may affect traffic on any County or State Street, roadway, median, bike path or sidewalk, and obtain approval prior to the start of the project from their department's Work Zone Qualified Employee or Risk Management. 5 2. Should any changes to the MOT occur during any phase of the project, a revised MOT plan shall be immediately developed and initiated by the department's Qualified Work Zone Employee. 3. All signs shown on the MOT plan must comply with the current MUTCD — Part VI or the 600 series of the Florida Department of Transportation Design Standards. 4. All aspects of the MUTCD — Part VI or the 600 series of the Florida Department of Transportation Design Standards shall be strictly followed and enforced at all times. All signs and barricades requiring lights shall have them attached and in good working order at all times. 5. Every attempt must be made to avoid lane/road closures: Where it is not possible to completely avoid these closures, the following procedures shall be followed: a. The department involved shall notify Collier County's Community Liaison and/or the Sheriff's Dispatch. The Community Liaison or Dispatch will notify all necessary organizations. b. Lane closures shall be limited, if possible, to single lane closures. c. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. d. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minutes at a time, provisions must be made to maintain access to all developed properties. Access may be by properly signed and/or marked detours or other approved methods. e. The department's Qualified Work Zone Employee or other party shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signing and markings that will be used, and any other information deemed necessary according to State (FDOT Design Standards 600 Series) and/or Federal (MUTCD) regulations. f. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. 6. Every department that has a contractor working for their department must assign a Project Coordinator (usually the Project Manager). All Coordinators must be Work Zone Qualified or have MOT Plans approved by a Work Zone Qualified County employee. The Coordinator and/or the Work Zone Qualified County employee shall audit the contractor on a routine basis, documenting their audits to assure contractor compliance. D. Work Zone Inspections: (Internal and External): 1. Work Zone inspections will be conducted on a routine basis by "Collier County Work Zone Safety Inspectors." These inspections shall be documented on a Collier County Work Zone Violation Notice Form and placed in the respective external contractor's file. These files shall be maintained by Collier County's Risk Management Department. Inspectors 6 shall issue a copy to the contractor, Risk Management, and maintain a copy in their personal files. 2. Inspections will be performed based on the individual inspector's judgment of existing or potential hazards associated with the "work zone" in question. All inspections shall be conducted according to the following criteria: a. Inspectors will locate the individual in charge of the project in question. Inspectors shall present proper identification (Collier County Work Zone Safety Inspector ID), review the MOT plan, inform the contractor(s) of the existing and/or potential hazards and ask for immediate correction. If equipment and tools are not available to immediately correct existing and/or potential hazards, the project must be shut down until corrections can be made. An exception can be made by the inspector where violations/hazards are not immediately dangerous to life, property, or the vehicular traffic navigating the area of concern. If project shutdown poses a greater threat to public safety, the inspector shall require the contractor to notify the Collier County Sheriff's Department and request traffic control assistance until the contractor provides corrective measurement. Where the Sheriff's Department cannot send a representative, the inspector may choose to contact one of the traffic control device vendors and request assistance by way of providing additional traffic control devices. The contractor shall be responsible for any expense associated with traffic control assistance that is provided by the Sheriff's Department or a traffic control device vendor. b. Situations where a language barrier exists or where "competent" supervision is not readily available shall mandate notification to the contractor's home office. Immediate (within 20 minutes) contractor representation will be requested at this time. The contractor's failure to provide immediate representation will result in project shutdown until representation is provided and deficiencies corrected. c. Inspectors may request that additional traffic control devices be added to the work zone based on the existing and/or potential hazards. Additional requests for traffic control shall only be made where situations exist that may be deemed too hazardous to be controlled using the minimum requirements as specified on the existing MOT plan or as stated in the current edition of the MUTCD and/or the 600 series of the FDOT Design Standards. d. The inspector shall remain on location until deficiencies are corrected or until the inspector feels that the work zone is safe. The inspector shall request a signature upon project shutdown or complete correction of the existing and/or potential hazards. Where the contractor refuses to provide a signature, the statement "Failure to sign" shall be placed in the contractor signature box. A copy of the inspection form must then be given to the contractor for their files. 3. Should a contractor/department feel the inspector has made requests that are not warranted and/or if it is felt that the alleged existing and/or potential hazards do not exist; the following requirements shall be met: 7 a. The inspector shall immediately contact Collier County Risk Management Department and request a site visit. Should a member of Risk Management not be available, the contractor must make the minimum necessary corrections, as requested, until a meeting can take place. b. The objections, described in detail, will be noted on the inspection form and shall be submitted to Risk Management for review. However, if the objection to the inspector's request are an obvious attempt to stall the correction process and/or hazards are blatantly obvious to the inspector, the contractor must make all requested corrections and any objections will be noted on the inspection form. c. Should such objections occur, the contractor/department may request a formal meeting with Collier County's Risk Management Department to discuss and address any concerns. This meeting shall not allow exemption to the contractor/department from any additional work zone safety issues that may have arisen during or after the objections in question. d. Objections to additional work zone safety issues that presented themselves at other locations and/or times shall be handled on an individual basis unless it is deemed necessary to handle all of the issues at the present time. e. Risk Management's decision for corrective action, based on the existing and/or potential work zone hazards, shall be final. 4. Contractor/department work zone files will be maintained in Collier County's Risk Management office. Contractors/departments with multiple (3 or more/month) "IDLH" inspections, resulting in project shutdown may be contacted by Risk Management and a mandatory review meeting may be scheduled. IDLH (Immediately Dangerous to Life and/or Health) Inspections are defined as those that require the immediate shutdown of a project, based on, but not limited to the following criteria: • No signage in place or improper, defective and/or misleading signage that could result in motorist or pedestrian confusion. • No traffic control devices in place, improper placement that cannot be easily corrected, defective and/or misleading devices that could result in motorist or pedestrian confusion. • Inadequate employee, equipment or public access protection. Review meetings will be conducted as follows: a. Review meetings will address the number of negative inspections, existing and/or potential hazards that existed during each inspection, if corrective actions were made in a timely manner, reasons for the continued lack of compliance and potential disciplinary action to be taken by Risk Management and/or County for future compliance failures. b. Review meetings will be conducted on an individual basis with the contractor or department in question and limited to representatives from Risk Management and the contractor or Collier County Department specified representatives. 8 5. Inspection files shall be archived on an annual (calendar year) basis and each contractor/department will have a new inspection record started for each new year. However, past negative inspections may be used in cases where extreme hazards and/ or multiple negative inspections have existed and shall be referenced when disciplinary measures are needed. 6. It is the sole responsibility of each individual contractor/department to maintain work zone inspection files and remain aware of any negative inspections received. Should a contractor or department need additional copies of inspection reports, it shall be the contractor/department's responsibility to contact Collier County Risk Management and request the reports. Lack of knowledge of an inspection report does not exempt any contractor or department from any potential disciplinary action; therefore, all contracted employees should be advised to submit any inspection reports received to the appropriate individual(s). 9 Exhibit B Fee Schedule following this page ( 1 # of pages) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.l) EXHIBIT B-FEE SCHEDULE DESCRIPTION ; UNIT UNIT PRICE Hourly Rate for all work Single Posted Sign Assemblies Hourly $149.00 Hourly Rate for all work Multi-Posted Sign Assemblies Hourly $249.00 The Contractor, when requested, shall provide sign panels, posts, and related materials on a material cost plus of 10% markup. Other Exhibit/Attachment Description: E following this page (pages through ) ® this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Page 1 of 1 � 1 ® A��o DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/09/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of Florida, Inc. c/o 26 Century Blvd (A/C.No.Ext): 1-877-945-7378 (A/C,No): 1-888-467-2378 E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Employers Insurance Company of Wausau 21458 Highway Safety Devices, Inc. - 6480 Harney Rd. INSURER C: Liberty Insurance Corporation 42404 Tampa, FL 33610 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W5251133 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTE CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 100,000 A MED EXP(Any one person) $ 5,000 TB2-Z91-462317-027 04/01/2017 04/01/2018 1,000,000 PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X jECOT- X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED — SCHEDULED Y ASC-Z91-462317-017 04/01/2017 04/01/2018 BODILYINJURY(Per $ AUTOS ONLY AUTOSaccident) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) - $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESSLIAB CLAIMS-MADE TH7-Z91-462317-037 04/01/2017 04/01/2018 AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A — - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is included as an Additional Insured as respects to General Liability and Auto Liability for any and all work performed in Collier County, where required by written contract. The General Liability and Auto Liability policies shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insured for any and all work performed in Collier County, where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners 4/p 3295 Tamiami Trail E. ( Naples, FL 34112 � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 15633031 BATCH: 599837 HIGHWAYSAF DSMITH2 ACORC:r CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/09/201 a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hub International Florida PHONE FAX 1560 Orange Avenue,Suite 750 (A/C,No,Ext):(407)644-8689 (A/c,No):(407)644-9934 Winter Park,FL 32789 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Bridgefield Employers Insurance Company 10701 INSURED INSURER B: Highway Safety Devices,Inc INSURER C: 6480 Harney Road INSURERD: Tampa, FL 33610 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL R ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO LOC PRODUCTS-COMP/OP AGG $ PRO- JECT _ OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) _ $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ERPER H ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 0830-55997 09/30/2017 09/30/2018 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Waiver of Subrogation automatically applies,when required by a written contract or agreement with the Insured. RE: Any&all work performed in Collier County. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E. Naples,FL 34112 AUTHORIZED THREPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule *Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: July 10, 2017 Carrier: Bridgefield Employers Insurance Company Effective Date of Endorsement: September 30, 2017 411911 Policy Number: 830-55997 Countersigned by: - Insured: Highway Safety Devices, Inc. WC 00 03 13 (Ed. 4-84) "includes copyright material of the National Council on Compensation Insurance, Inc.used with its permission.Copyright 1984 NCCI'