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Agenda 01/22/2019 Item #16A7
01/22/2019 EXECUTIVE SUMMARY Recommendation to award an Agreement for Invitation to Bid (ITB) No. 18 -7454 “Disaster Recovery for Traffic Signals and Roadway Lighting” on an as needed basis to Highway Safety Devices Inc., for services required in the event of an officially declared emergency. OBJECTIVE: To have an emergency on-call contract to expedite traffic signal and roadway lighting repair during a declared emergency to supplement our crews. CONSIDERATIONS: This agreement would be used to assist in the repair and installation of traffic signals and roadway lighting in the event of an officially declared emergency, such as Hurricane Irma. During Irma, Collier County sustained major damage to 14 signalized intersections and minor damage to 199 intersections. Major damage consisted of broken span wire installations and/or traffic signals hanging low or on the ground. Minor damage consisted of traffic signals rotated, missing Opticom sensors, or damaged illuminated street name signs. Roadway lighting damage consisted of the replacement of 40 light poles, replacement of 279 luminaires, and the realignment of 135 light pole arms and/or luminaires. This agreement allows the County to respond faster and to remediate damage in a shorter period. On September 6, 2018, the Procurement Services Division released Invitation to Bid 18-7454 to 5,278 vendors for Disaster Recovery for Traffic Signals and Roadway Lighting. Interested vendors downloaded sixty-four (64) bid packages, and the County received five (5) proposals by the October 8, 2018 deadline. The following vendors were deemed non-responsive for failing to submit requested documents: American Infrastructure Services, Traffic Control Devices, Southern Signal Lighting, and Simmonds Electrical of Naples. The bid results received are as follows: Company Name City State Bid Amount Responsive/Responsible Highway Safety Devices Inc. Tampa FL $507.00 YES/YES American Infrastructure Services Fort Myers FL $1,130.00 NO/NO Traffic Control Devices Inc. Altamonte Springs FL $1,537.00 NO/NO Southern Signal Lighting Naples FL $1,705.00 NO/NO Simmonds Electrical of Naples Bonita Springs FL $3,245.00 NO/NO Award is recommended to the only responsive and responsible bidder, Highway Safety Devices, Inc. The Engineer's opinion of probable cost for the project was $1,500,000 for traffic signals and $500,000 for roadway lighting based on estimated hours to repair traffic signals and roadway lighting using Hurricane Irma as a guideline for developing the bid tab. All work will be performed by the issuance of a Notice To Proceed Work Order with the job location and type of work noted and according to the rates provided on the bid schedule by Highway Safety Devices, Inc. FISCAL IMPACT: Funding shall come from individual using departments’ budgets as projects are identified. This agreement is not directly related to any impending work and will be utilized for future events, as needed. Actual expenditures will be submitted to insurance for reimbursement in the event of a declared emergency or other qualifying event. The bid award amount is merely a mechanism to establish the low bidder and is not necessarily indicative of actual spend in disaster or emergency situations. 16.A.7 Packet Pg. 416 01/22/2019 GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award an Agreement for ITB No. 18-7454 "Disaster Recovery for Traffic Signals and Roadway Lighting" to Highway Safety Devices, Inc., and to authorize the Chair to sign the attached agreement. Prepared by: John W. Miller, Project Manager, Transportation Engineering Division, Growth Management Department ATTACHMENT(S) 1. 18-7454 Addendum #1 (PDF) 2. 18-7454 Addendum #2 (PDF) 3. 18-7454 Bid Tabulation (PDF) 4. 18-7454 Highway Safety Devices Proposal (PDF) 5. 18-7454 HighwaySafetyDevices_Insurance_12-10-18 (PDF) 6. 18-7454 NORA (PDF) 7. 18-7454 Solicitation (PDF) 8. 18-7454 HighwaySafety_Contract_VendorSigned_ (PDF) 16.A.7 Packet Pg. 417 01/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doc ID: 7561 Item Summary: Recommendation to award an Agreement for Invitation to Bid (ITB) No. 18 - 7454 “Disaster Recovery for Traffic Signals and Roadway Lighting” on an as needed basis to Highway Safety Devices Inc., for services required in the event of an officially declared emergency. Meeting Date: 01/22/2019 Prepared by: Title: Project Manager – Transportation Engineering Name: John Miller 12/10/2018 2:13 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 12/10/2018 2:13 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/10/2018 2:28 PM Procurement Services Sandra Herrera Additional Reviewer Completed 12/10/2018 3:22 PM Procurement Services Viviana Giarimoustas Additional Reviewer Completed 12/11/2018 11:54 AM Growth Management Department Diane Lynch Level 1 Reviewer Completed 12/11/2018 2:16 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 12/13/2018 4:14 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/17/2018 9:23 AM Procurement Services Ted Coyman Additional Reviewer Completed 12/18/2018 4:42 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 12/19/2018 2:01 PM Growth Management Department Gene Shue Additional Reviewer Completed 12/20/2018 9:43 AM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 12/26/2018 12:46 PM Procurement Services Swainson Hall Additional Reviewer Completed 12/27/2018 9:44 AM Grants Therese Stanley Level 2 Grants Review Completed 12/27/2018 2:09 PM Growth Management Department James C French Deputy Department Head Review Skipped 12/27/2018 5:20 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/28/2018 1:29 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/04/2019 10:13 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/04/2019 4:45 PM 16.A.7 Packet Pg. 418 01/22/2019 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/09/2019 8:19 AM County Attorney's Office Len Price CAO Preview Skipped 01/09/2019 4:56 PM Grants Therese Stanley Additional Reviewer Completed 01/14/2019 11:04 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/14/2019 5:10 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM 16.A.7 Packet Pg. 419 Addendum 1 Date: September 11, 2018 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation #18-7454 Disaster Recovery for Traffic Signals and Roadway Lighting The following change is made to the above mentioned Collier County solicitation: Revised Bid Schedule attached. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliergov.net Telephone: (239) 252-8375 16.A.7.a Packet Pg. 420 Attachment: 18-7454 Addendum #1 (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) Addendum 2 Date: September 14, 2018 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation #18-7454 Disaster Recovery for Traffic Signals and Roadway Lighting The following change is made to the above mentioned Collier County solicitation: Revised Bid Schedule attached. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliergov.net Telephone: (239) 252-8375 16.A.7.b Packet Pg. 421 Attachment: 18-7454 Addendum #2 (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) Project Manager: John Miller Procurement: Viviana Giarimoustas Witness: Evelyn Colon Opened: 10/8/18 Bid Tabulation #18-7454 Disaster Recovery for Traffic Signals and Roadway Lighting Notifications Sent: 5,278 Downloaded: 64 Submissions: 5 Highway Safety Devices Inc. American Infrastructure Services Traffic Control Devices Southern Signal Lighting Simmonds Electrical of Naples Line Item Number Position Unit of measure Price Price Price Price Price 1 Supervisor Hourly 86.00$ 130.00$ 171.00$ 120.00$ 262.50$ 2 Signal/Roadway Lighting Technician Level I Hourly 126.00$ 100.00$ 107.00$ 90.00$ 262.50$ 3 Signal/Roadway Lighting Technician Level II Hourly 176.00$ 110.00$ 121.00$ 95.00$ 262.50$ 4 Laborer Hourly 113.00$ 90.00$ 83.00$ 80.00$ 262.50$ 5 Bucket Truck Hourly 1.00$ 90.00$ 126.00$ 200.00$ 380.00$ 6 Crane: 12 1/2 Ton Hourly 1.00$ 180.00$ 246.00$ 300.00$ 440.00$ 7 Crane: 35 Ton Hourly 1.00$ 300.00$ 352.00$ 475.00$ 1,000.00$ 8 Air Compressor Hourly 1.00$ 40.00$ 123.00$ 175.00$ 160.00$ 9 3,000 Watt Generator (including fuel)Hourly 1.00$ 50.00$ 103.00$ 50.00$ 55.00$ 10 Saw Hourly 1.00$ 40.00$ 105.00$ 120.00$ 160.00$ 507.00$ 1,130.00$ 1,537.00$ 1,705.00$ 3,245.00$ YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES NO NO YES NO NO YES YES YES NO NO YES YES YES YES YES YES YES YES YES YES YES YES Equipment - rates provided below shall include operator's labor costs in the hourly rate Addendum 1 Addendum 2 IMSA Traffic Signal Tech II TTC Certified Lobbying Disadvantaged, Minority FDOT Pre-Qualified in Traffic Signals & Roadway Lighting Debarment Complete items #1-10. Collier County reserves the right to remove items from the bid list in the event such items are not available from all vendors. This action facilitates a fair comparison of bids. Pricing provided must be all inclusive. Equipment items shall be invoiced for 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. Material Markup is strictly cost plus 10%. Any subcontractors work is cost plus 15%. Proper Temporary Traffic Control (“TTC”) is incidental to maintenance and repair work. No charges shall be invoiced for “TTC” Vehicles, barricades, warning signs, flags, arrow boards, trucks to pull arrow boards, etc. Vehicles used to transport personnel shall be considered as a cost of labor and shall be reflected in the bid price for labor. NO Travel Time shall be billed to and from the job site. Only hours while working on job site shall be billed. Total Base Bid Description YES/NO Form 2 Vendor Check List Form 3 Conflict of Interest Form 4 Vendor Declaration Statement Form 5 Immigration Affidavit eVerify Form 6 Vendor Substitute W9 Federal Acknowledgement of Terms Insurance 1 of 1 16.A.7.c Packet Pg. 422 Attachment: 18-7454 Bid Tabulation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 423Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 424Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 425Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 426Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 427Attachment: 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Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 441Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 442Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 443Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 444Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 445Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 446Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 447Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 448Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 449Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 450Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 451Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 452Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 453Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 454Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.dPacket Pg. 455Attachment: 18-7454 Highway Safety Devices Proposal (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis of Florida, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Highway Safety Devices, Inc. 6480 Harney Rd. Tampa, FL 33610 Re: For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, or, Collier County Government, or, Collier County are included as Additional Insureds as respects to General Liability and Auto Liability where required by written contract. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 12/06/2018 1-877-945-7378 1-888-467-2378 certificates@willis.com Liberty Mutual Fire Insurance Company 23035 Employers Insurance Company of Wausau Liberty Insurance Corporation 21458 42404 W9084271 A 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Y TB2-Z91-462317-028 04/01/2018 04/01/2019 B 1,000,000 04/01/201904/01/2018YASC-Z91-462317-018 C 10,000,000 TH7-Z91-462317-038 04/01/2018 04/01/2019 10,000,000 Products Comp 10,000,000 97919517152202SR ID:BATCH: Page 1 of 2 16.A.7.e Packet Pg. 456 Attachment: 18-7454 HighwaySafetyDevices_Insurance_12-10-18 (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Highway Safety Devices, Inc. 6480 Harney Rd. Tampa, FL 33610 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 Insureds where required by written contract. 2 2 Willis of Florida, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W9084271CERT:979195BATCH:17152202SR ID: 16.A.7.e Packet Pg. 457 Attachment: 18-7454 HighwaySafetyDevices_Insurance_12-10-18 (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD DSMITH2 09/10/2018 HIGHWAYSAF A 0830-55997 1,000,000 1,000,000 1,000,000 X 09/30/2018 09/30/2019 Waiver of Subrogation automatically applies, when required by a written contract or agreement with the Insured. RE: Any & all work performed in Collier County. Hub International Florida HUB International Florida 4830 West Kennedy Blvd, Suite 850 Tampa, FL 33609 (727) 669-0673(727) 797-0441 Collier County Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 Highway Safety Devices, Inc 6480 Harney Road Tampa, FL 33610 Bridgefield Employers Insurance Company 10701 Certificates.FLA@HubInternational.com N X 16.A.7.e Packet Pg. 458 Attachment: 18-7454 HighwaySafetyDevices_Insurance_12-10-18 (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.e Packet Pg. 459 Attachment: 18-7454 HighwaySafetyDevices_Insurance_12-10-18 (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.f Packet Pg. 460 Attachment: 18-7454 NORA (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR DISASTER RECOVERY FOR TRAFFIC SIGNALS AND ROADWAY LIGHTING SOLICITATION NO.: 18-7454 VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 Viviana.Giarimoustas@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.A.7.g Packet Pg. 461 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 18-7454 PROJECT TITLE: Disaster Recovery for Traffic Signals and Roadway Lighting BID OPENING: Monday, October 8, 2018 10:00 AM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Traffic Operations Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Collier County Traffic Operations is looking for a vendor that can assist in performing emergency and or disaster related stabilization and recovery services for traffic signals and roadway lighting structures. This work will include but not be limited to removing traffic signal components and roadway lighting components from the roadway and restoring traffic signals and roadway lighting to current FDOT and Collier County Standards. The Contractor(s) will be required to furnish items common to these items. Collier County Traffic Operations will furnish items specific to the County when necessary and available. Historically, Traffic Operations has spent approximately $2,000,000 on past hurricane recovery however, this may not be indicative of future stabilization and recovery patterns. Roadway Lighting being $500,000 and $1,500,000 on traffic signals in the past. BACKGROUND Emergency stabilization and recovery services will be required on an irregular basis. Therefore, this Indefinite Delivery / Indefinite Quantity (IDIQ) contract defines the requirements and guidelines for the requested emergency response services but does not authorize the Contractor(s) to provide nor commits Collier County to order such services until a Notice to Proceed Order - based on the agreed services and associated costs defined in the contract - is placed against the contract. As part of this contract, Collier County and the Contractor(s) agree to a current rate schedule for standard items and the Contractor(s) agrees to provide needed personnel, equipment, and supplies, possibly with little notice, on a cost- plus price basis. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewals. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or 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 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. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: 16.A.7.g Packet Pg. 462 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. For the purposes of determining the winning bidder, the County will select the vendor with the lowest total as outlined below: Lowest total base bid Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: Award to a Primary and a Secondary The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK This scope describes and defines the services that are required for the execution of emergency/disaster related traffic signal and roadway lighting repair operations due to a hurricane or other disaster related damage on local and state roadways, as determined by Collier County Traffic Operations. The work to restore damaged traffic signal installations and roadway lighting circuits would start with major arterials such as Immokalee Road, Collier Boulevard, Livingston Road, Pine Ridge Road, and Airport-Pulling Road. The work would then proceed to minor arterial roadways or as directed by the County. The Contractor(s) shall provide material, labor, and equipment and deploy generators and refuel as necessary, to stabilize and/or restore traffic control and roadway lighting in an efficient and professional manner. Collier County will generally supply traffic signal and roadway lighting materials specific to Collier County such as Traffic Signal Controllers, MMUs, Cameras, vehicular and pedestrian traffic signal assemblies, flashing beacons, Roadway Lighting LED Luminaires, LED Luminaire Drivers, and Transformer Bases, etc. Depending on Traffic Operations in-house inventory of the above materials, we would like to reserve the option to have the Contractor(s), when requested, to provide any of the afore mentioned items or related materials on a material cost plus 10 percent markup. All traffic signal and roadway lighting 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. Traffic Signals to be repaired include span wire and steel mast arm structures, roadside flashing beacons, controller cabinets, and electrical distribution circuits. Roadway Lighting to be repaired include load centers, electrical distribution circuits, aluminum and galvanized, single arm, dual arm, and post top poles, standard and decorative lighting installations. The expectation is that any damaged traffic signal and roadway lighting system components/assemblies will be restored to proper operating condition per current FDOT and Collier County Specifications. Collier County Traffic Operations Personnel will perform a damage assessment survey and issue the Contractor(s) a Notice to Proceed Work Order detailing the location and type of work to be performed to restore the signalized intersection or roadway lighting circuit to proper operating condition. This description will also contain information regarding the status of the equipment to be restored to service (for example: 1) “the material/equipment will be salvaged and protected by the Contractor(s) and returned to the Traffic Operations Department”; 2) “the material/equipment will be inspected and reinstalled if found to be in sound serviceable condition”; 3) “the Contractor(s) shall properly dispose of the damaged material/equipment”). The Contractor(s) shall, at all times, have an adequate number of traffic signal and roadway lighting repair personnel available for reporting directly to work sites for the duration of the recovery operations. The expectation is that five signalized intersections per day and five roadway lighting circuits per day can be restored to proper operating condition. Collier County, at its sole discretion and at any time, will supplement this scope of work and perform work with in-house forces. A supervisor shall be present on site at all times. The Contractor(s) shall not perform work on any road unless authorized by Collier County or their representative. Intersections, Roadways and corresponding limits will be assigned to the Contractor(s). The Contractor(s) is expected to include documentation of all work completed. This would include date of installation and photos of each traffic signal and roadway lighting circuit/installation/assembly (showing damage before and repairs after), 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 traffic signal or roadway lighting circuit/installation/assembly does not pass the second (2nd) inspection, any corrections necessary shall be done at the Contractor(s) expense. Work Schedule: Dependent on the extent of the damage and per the direction of the engineer, this stabilization and recovery contract work for damage 16.A.7.g Packet Pg. 463 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) inflicted by a hurricane or other disaster will be detailed in the Notice to Proceed letter to each contractor. Safety: All contractors performing service for Collier County are required to 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 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. Temporary Traffic Control Policy For all projects that are conducted within a Collier County Right-of-Way, the Contractor(s) shall provide and erect Traffic Control Devices as prescribed in the current edition of the MUTCD, where applicable on state and local roadways and as prescribed in the FDOT Design Standards. All Temporary Traffic Control (“TTC”) shall be overseen by contractor(s) personnel who possess a minimum of Intermediate TTC Certification. These projects shall also comply with Collier County’s TTC Policy, #5807. Strict adherence to the requirements of the TTC policy will be enforced under this Contract. All costs associated with the TTC shall be included. Prices: The work should be based on providing all contract administration, inspection, supervision, labor, material, and all the equipment necessary to perform the work (for example traffic signal workman with a bucket truck capable of a working height to 40 feet and side reach to 28 feet with a Temporary Traffic Control (“TTC”) Truck) and/or roadway lighting workman with a bucket truck capable of a working height to 60 feet at 20 feet from centerline of rotation with a Temporary Traffic Control (“TTC”) Truck along with itemized list of materials used to restore the County’s facility. 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. Premium Pay: No premium pay will be accepted for this agreement. Clean-Up: The Contractor(s) shall be responsible for removing all damaged County owned equipment/material from the work site and shall keep the premises free of debris and unusable materials resulting from their work as restoration progresses, or upon request by the County's representative. The Contractor(s) shall leave all affected areas in a safe and secure condition. Protection of Property: The Contractor(s) shall make necessary repairs in such a manner that does not result in additional damage to property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor(s) shall replace or repair the same at no cost to the County. If damage caused by the Contractor(s) has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor(s). Unsatisfactory Work: In the event the work performance of the Contractor(s) is unsatisfactory, the Contractor(s) 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(s) fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Contractor Employee Requirements: All personnel supplied by the Contractor(s) for this Contract shall be Employees of the Contractor(s), that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL BE UTILIZED BY THE CONTRACTOR(S) FOR THIS WORK. Purchase of Traffic Signal and Roadway Lighting components Collier County, as an option and per direction of the engineer, may request the Contractor(s) to provide traffic signal and roadway lighting materials on a material cost plus 10% mark-up basis shall be considered incidental to the work. These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing materials and related supplies/components. Unless otherwise indicated, all products shall meet the Florida Department of Transportation (FDOT) Approved Products List (APL) Specifications for traffic signal and roadway lighting materials. Collier County must approve of all traffic signal and roadway lighting components prior to purchase and installation by the Contractor(s). 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/she 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(s) will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Design Standards eBook, Latest Revision, FDOT Standard Plans for Road and Bridge Construction – Design Standard, and Collier County Traffic Operations Technical Special Provisions. 16.A.7.g Packet Pg. 464 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) Subcontractors Subcontractors are strictly cost plus 15%. The use of any and all sub-contractors will require specific written permission of the Traffic Operations Chief Engineer or his representative in advance of their work. Licenses/certifications requested: FDOT Pre-qualified in traffic signals and roadway lighting TTC certified International Municipal Signal Association’s (IMSA) Traffic Signal Technician Level II VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List): The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/Proposal Pricing/etc.) has been completed and attached. 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. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). 16.A.7.g Packet Pg. 465 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 1 FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. 16.A.7.g Packet Pg. 466 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 2 Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 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 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. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the County must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 16.A.7.g Packet Pg. 467 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 3 (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 16.A.7.g Packet Pg. 468 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 4 VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 16.A.7.g Packet Pg. 469 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 5 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.” Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.” State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee’s access to such records upon request. 16.A.7.g Packet Pg. 470 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 6 Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name _____________________________________ Date __________________ Authorized Signature ___________________________________________________________ 16.A.7.g Packet Pg. 471 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient’s subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR ___________________________________________________________________ By: ________________________________________________________________ Signature ___________________________________________________________________ Name and Title ___________________________________________________________________ Street Address ___________________________________________________________________ City, State, Zip ___________________________________________________________________ DUNS Number ___________________________________________________________________ Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 16.A.7.g Packet Pg. 472 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 8 16.A.7.g Packet Pg. 473 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 9 LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. ____________________________________________________ Contractor (Firm Name) ____________________________________________________ Signature of Contractor’s Authorized Official ____________________________________________________ Name and Title of Contractor’s Authorized Official ____________________________________________________ Date 16.A.7.g Packet Pg. 474 Attachment: 18-7454 Solicitation (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 475Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 476Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 477Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 478Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 479Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 480Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 481Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 482Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 483Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 484Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 485Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 486Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 487Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) William L. McDaniel Jr16.A.7.hPacket Pg. 488Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 489Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 490Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 491Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 492Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 493Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 494Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 495Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 496Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 497Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 498Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 499Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 500Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 501Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 502Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 503Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting) 16.A.7.hPacket Pg. 504Attachment: 18-7454 HighwaySafety_Contract_VendorSigned_ (7561 : 18-7454 Disaster Recovery for Traffic Signals & Roadway Lighting)