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2011-51 CONTRACTOR AGREEMENT FOR STRIPING AND MARKING THIS AGREEMENT, made and entered into this (33 day of S 2011, A.D., by and between the City of Clermont 685 West Montrose Street, ermont, Florida (hereinafter referred to as "OWNER "), and OGLESBY CONSTRUCTION, INC., 600 Hickman Cr., Sanford, FL 32771 (hereinafter referred to as "CONTRACTOR "). WHEREAS, CONTRACTOR in response to a public bid prepared and issued by Lake County submitted a response to provide traffic striping and marking services; WHEREAS, based on CONTRACTOR's response, Lake County awarded Lake County Contract No. 11 -0411, Traffic Striping and Marking to CONTRACTOR; WHEREAS, OWNER desires to utilize the CONTRACTOR's contract with Lake County in accordance with OWNER's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with OWNER based on the terms and conditions of Lake County Contract No. 11 -0411. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the Lake County Contract No. 11 -0411, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. To the extent of a conflict between this Agreement and Exhibit "A ", the terms and conditions of this Agreement shall prevail and govern. ARTICLE II - THE CONTRACT SUM OWNER shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated herein. ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) notice to proceed or purchase order, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within forty-five (45) calendar days, unless the period for completion is extended otherwise by the notice to proceed or purchase order, amendment or change order 1 to the Agreement. Substantial as provided herein shall be the day the project or designated portion thereof is certified and accepted by the OWNER as sufficiently complete, in accordance with the Agreement Documents. 2. The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3. The CONTRACTOR further declares he has examined the sites of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such sites are correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Agreement shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Agreement be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the OWNER's Public Services Project Manager and his decision shall be final and binding upon all parties. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Agreement and /or the Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Agreement and /or Specifications covering said work; and the OWNER may require the CONTRACTOR and /or his Surety, if applicable, to repair, replace, restore and/or make to comply strictly and in all things with this Agreement and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Agreement and/or Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and /or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Agreement and /or his failure to comply strictly and in all things with this Agreement and /or his failure to comply strictly and in all things with this Agreement and Specifications. 2 ARTICLE IV - LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Agreement. Therefore, notwithstanding any other provision contained in the Agreement Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed or Purchase Order the CONTRACTOR shall pay to OWNER the agreed and liquidated damages sum as set forth in Exhibit "A" for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. CONTRACTOR shall pay the liquidated damages amount contained herein to OWNER within fifteen (15) days of receipt of OWNER's written demand for such payment. 2. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE V - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1. CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the OWNER for work performed during the preceding calendar month under the Agreement. To insure proper performance of the Agreement, the OWNER shall retain ten percent (10 %) of the amount of each estimate until final completion and acceptance of all work covered by the applicable Notice to Proceed or Purchase Order. 2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment, including any retainage amount, on account of the applicable Notice to Owner or Purchase Order shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. 3 ARTICLE VI - ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE VII — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this , Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The Owner and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VIII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. 2. Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether 4 such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Owner's and Contractor's Protective Liability Insurance - The Owner shall procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability & $1,000,000 each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5. "XCU" (Explosion, Collapse, Underground Damage) - The CONTRACTOR's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6. Broad Form Property Damage Coverage, Products & Completed Operations Coverages - The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7. Contractual Liability Work Contracts - The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the CONTRACTOR for contractual liabilities assumed by the CONTRACTOR in the performance of this Agreement. 8. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, 5 including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemnification provided herein. ARTICLE IX - NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Oglesby Construction, Inc. 600 Hickman Circle Sanford, FL 32771 Attn.: Kevin Theisen, Vice President OWNER: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 6 ARTICLE X — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. CONTRACTOR expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. CONTRACTOR expressly agrees that it will comply with all requirements related to said law and that it will hold OWNER harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. 7 ARTICLE XI - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated Document Precedence 1 This Agreement 2 Notice to Proceed or Purchase Order 3 Specifications 4 All documents contained in Lake County Contract No 11 -0411 5 Payment and Performance Bonds IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this , day of , 2011 '.City of Cle ont e 011104, Turville, Jr , Mayo °,� ( 'Attest �"� � • ci i'1 +ii41 `�7t 1 Tracy Ackroyd, City Clerk .Oglesby Construction, Inc q M BF � 1 Kevin Theisen, Vice President r � �" Attest Co 0 rSecretary /7/9 i (Name Printed or Typed) 8 EXHIBIT A . LAKE COUNTY I LORIDA CONTRACT NO 11 -0411 for Traffic Striping and Marking LAKE COUNTY, FLORIDA, a political subdivision of the state of Ronda, its successors and assigns through its Board of County Commissioners (hereinafter "County ") does hereby accept, with noted modifications, if any, the bid of Oglesby Construction, Inc. (hereinafter "Contractor ") to supply Traffic Striping and Marking to the County pursuant to County Bid number 11 -0411 (hereinafter "Bid "), addenda nos N/A opening dated Apnl 6, 2011 and Contractor's March 29, 2011 Bid response thereto with all County Bid provisions governing A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through The attachments noted below (if any) are attached hereto and are also made a part of this Contract Attachments No financial obligation under this contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this contract Contractor shall submit the documents hereinafter listed prior to commencement of this Contract Insurance Certificate The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any Toss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable This Contract is effective from August 1, 2011 through July 31, 2013 except the County reserves the right to terminate this Contract immediately for cause and /or lack of funds and with thirty (30) day written notice for the convenience of the County This Contract provides for three (3) additional one (1) year renewals at Lake County's sole option at the terms noted in the Bid Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director LAKE COUNTY, FLORIDA B k • { ( i ?� Contracting Officer ' Date I — — l Distribution Original -Bid File Copy- Contractor Copy - Department "Earning Community Confidence Through Excellence in Service" Office of Procurement Services 315 W. Main, Suite 441 P 0 Box 7800 Tavares, Florida 32778 -7800 Ph (352) 343 -9839 Fax (352) 343 -9473 4 iii, , i F E 1 AK if (' 0 U N 1 Y 1 1 t) 1 1 1,% INVITATION TO BID (ITB) TRAFFIC STRIPING AND MARKING ITB Number 11 -0411 Contracting Officer Sandra Rogers Bid Due Date April 6, 2011 Pre -Bid Conf. Date Not applicable Bid Due Time 3 00 p m ITB Issue Date• March 17, 2011 TABLE OF CONTENTS SECTION I Special Terms and Conditions SECTION 2 Statement of Work Page I 1 Page 20 Page 24 SECTION 3 General Terms and Conditions SECTION 4 Pricing /Certifications/Signatures SECTION 5 Attachments Page 2 Page 29 SPECIFIC SOLICITATION REQUIREMENTS ARE AS NOTED BELOW: Proposal and /or Perfoimance Bond Not applicable to this solicitation Certificate of Competency /License See Scope of Services Indemnification/Insurance Section 1 8 Pre -Bid Conference /Walk -Thri, Not applicable to this solicitation At the date and time specified above, all bids that have been received in a timely manner will be opened,,recorded, and accepted' for_consideratton The names of the bidders submitting bids will be read aloud and recorded The bids will be available for inspection dunng normal business hours in the Office of Procurement Services within ten (10) working days after the official bid due date When counter - signed by an author rzed County representative, this document and any specifically identified attachments may form the contract document binding the parties to all performance specified herein Vendors shall complete and return the entirety of this ITB Document, and attach all other information requested in this ITB document (See Provision 1.13). Failure to sign the bid response, or to submit the bid response by the specified time and date, may be cause for rejection of the bid NO RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time, or, would like to be removed from Lake County's Vendo) List, please mail( the appropnate space, complete name below and return this page only ❑ Not interested at this time, keep our film on Lake County's Vendois List for future solicitations for this product / service ❑ Please remove ow firm fiom Lake County's Vendor's List for this product / sei vice VENDOR IDENTIFICATION i Company Name ., c t 5 / ,(C / 4 C Phone Number k., 7 - 3,2/ - /G /c E -mail Address A,, 6 � y - Pi ( ontact Person / 1 7) r } ,_ 2 1 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number I 1 1 1 Section 1 1: Purpose The purpose of this solicitation is to establish a contract for the purchase and installation of traffic striping and marking materials on an as needed basis in conjunction with the County's needs The contiactoi shall furnish/supply all labor, equipment, fuel, matenals and any other items needed to perform all operations necessary in accordance with the specifications and subject to the terms and conditions of the contract Section 1.2. Designated Procurement Representative Questions concerning any portion of this solicitation shall be directed in writing [fax and e-mail accepted] to the below named individual who shall be the official point of contact for this solicitation To ensuie reply, questions should be submitted no later than five (5) working days before the bid due date Sandra Rogers, Contracting Officer Lake County BCC Piocurement Services office 315 W Main Street, Room 441 PO BOX 7800 Tavares, FL 32778 -7800 Phone 352 343 9832 Fax 352 343 9473 E -mail srogers @lakecountyfl gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in wnting as an addendum to the solicitation by the Lake County Procurement Services office Section 1.3: Method of Award - To a Single Vendor in the Aggregate Award of this contract will be made to the responsive, responsible vendor who submits an offer on all items listed in the solicitation and which represents the lowest price when all items are added in the aggregate If a vendor fails to submit an offer on all items, its overall offer will be rejected The County will award the total contract to a single vendor Section 1.4• Pre -Bid Conference / Site Visits Not applicable to this solicitation Section 1.5: Term of Contract — Twenty -Four (24) Months This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioneis, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the County's Office of Procurement Services, and contingent upon the completion and submittal of all required pre -award documents The initial 2 SECTION 1— SPECIAL TERMS AND CONDITIONS 1TB Numbei 1 1 contract term shall remain in effect for twenty-four (24) months, and then the contract will remain in effect until completion of the expressed and /or implied warranty period The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document Section 1.6. Option to Renew for Three (3) Additional One (1) Year Period(s) Prior to, 01 upon completion, of the initial term of this contract, the County shall have the option to renew this contract for three (3) additional one (1) year penod(s) Prior to completion of each exercised contract term, the County may consider an adjustment to pnce based on changes in the following pncing index PPI It is the vendor's responsibility to equest in writing any pricing adjustment under this provision The vendor's written request for adjustment should be submitted thirty (30) calendar days prior to expiration of the then current contract term The vendor adjustment request must clearly substantiate the requested increase The written request for adjustment should not be in excess of the relevant pricing index change If no adjustment request is received from the vendor, the County will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment Any adjustment request received after the commencement of a new option period shall not be considered The County reserves the right to reject any written price adjustments submitted by the vendor and /or to not exercise any otherwise available option period based on such price adjustments Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the vendor This prerogative will be exercised only when such continuation is clearly in the best interest of the County Section 1.7. Method of Payment - Periodic Invoices For Completed Purchases The vendor(s) shall submit invoices to the County user department(s) after each individual purchase has been completed In addition to the general invoice requirements set forth below, the invoices shall reference, as applicable, the corresponding delivery ticket number, packing slip number, or other acceptance document that was signed by an authonzed representative of the County user department at the time the items were delivered and accepted Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the goods or services Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items All invoices shall contain the contract and /or purchase order number, date and location of delivery or service, and confirmation of acceptance of the goods or services by the appropriate County representative Failure to submit invoices in the prescribed manner will delay payment, and the vendor may be considered in default of contract and its contract may be terminated Payments shall be tendered in accordance with the Florida Prompt Payment Act, Pait VII, Chapter 218, Florida Statutes Section 1.8. Insurance Each vendor shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the following iequirements [This does not mean that the vendor 3 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number 11-041 I must have the coverage pnoi to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the County An original certificate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by the County pnor to contract execution and /or before any work begins The vendor shall'provide and maintain at all times during the term of any contract, without cost or expense to the County, policies of insurance, with a company 01 companies authonzed to do business in the State of Florida, and which are acceptable to the County, insunng the vendor against any and all claims, demands or causes of action whatsoever, for injunes received or damage to property relating to the performance of duties, services and /or obligations of the vendor under the terms and provisions of the contract The vendor is responsible for timely provision of certificate(s) of insurance to the County at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract Such policies of insurance, and confirming certificates of insurance, shall insure the vendor is in accordance with the following minimum limits General Liability insurance on forms no more restnctive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endoisements, with the following minimum limits and coverage Each Occurrence/General Aggregate $1,000,000/2,000,000 Products - Completed Operations $2,000,000 Personal & Adv Injury $1,000,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance, including owned, non - owned, and hired autos with the following minimum limits and coverage Combined Single Limit $1,000,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and /or any other applicable law requiring workeis' compensation (Federal, maritime, etc) If not required by law to maintain workeis compensation insurance, the vendor must provide a notarized statement that if he or she is injured, he or she will not hold the County responsible for any payment or compensation Employers Liability insurance with the following minimum limits and coverage Each Accident $1,000,000 Disease -Each Employee $1,000,000 Disease - Policy Limit $1,000,000 4 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number 1 1 - 041 1 Professional liability and /or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000 The following additional coverage must be provided if a dollar value is inserted below Loss of Use at coverage value $ Garage Keepers Liability at coverage value $ Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear on all applicable liability insurance policies The certificate(s) of insurance, shall provide for a minimum of thirty (30) days pnor written notice to the County of any change, cancellation, or nonrenewal of the provided insurance It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder Certificate(s) of insurance shall identify the applicable solicitation (ITB /RFP /RFQ) number in the Descnption of Operations section of the Certificate Certificate holder shall be LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS P O BOX 7800 TAVARES, FL 32778 -7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be pnmary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests piovision, with no requirement of premium payment by the County The Vendor shall be responsible foi subcontractors and their insurance Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements All self - insured retentions shall appear on the certificate(s) and shall be subject to approval by the County At the option of the County, the insurer shall reduce or eliminate such self - insured retentions, or the vendor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses The County shall be exempt fiom, and in no way liable for, any sums of money, which may represent a deductible or self - insured retention in any insurance policy The payment of such deductible or self - insured retention shall be the sole responsibility of the vendor and/or sub contractor providing such insurance 5 SECTION 1— SPECIAL TERMS AND CONDITIONS [TB Number 1 1 - 04 1 1 Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default Neither approval by the County of any insurance supplied by the vendor or Subcontractor(s), nor a failure to disapprove that insurance, shall relieve the vendor or Subcontractor(s) of full responsibility for liability, damages, and accidents as set forth herein Section 1.9: Bonding Requirements Not applicable to this solicitation Section 1 10: Completion of Work From Date of Notice to Proceed See Scope of Services Section 1.11: Acceptance of Goods or Services The product(s) delivered as a result of an award from this solicitation shall remain the property of the contractor, and services rendered under the contract will not be deemed complete, until a physical inspection and actual usage of the product(s) and /or service(s) is (are) accepted by the County and shall be in compliance with the terms herein, fully in accord with the specifications and of the highest quality Any goods and /or services purchased as a result of this solicitation and /or contract may be testedhnspected for compliance with specifications In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the County reserves the right to terminate the contract or initiate corrective action on the part of the vendor, to include return of any non - compliant goods to the vendor at the vendor's expense, requiring the vendor to eithei provide a direct replacement for the item, or a full credit for the returned item The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this clause The County will not be responsible to pay for any product or service that does not conform to the contract specifications In addition, any defective product or service or any product or service not delivered or performed by the date specified in the purchase order or contract, may be procured by the County on the open market, and any Increase in cost may be charged against the awarded contractor Any cost incurred by the County in any re- procurement plus any increased product or service cost shall be withheld from any monies owed to the contractor by the County for any contract or financial obligation Section 1.12• Warranty The vendor agrees that, unless expressly stated otherwise in the bid or proposal, the product and /or service furnished as a result of an award from this solicitation shall be covered by the most favorable commercial warranty the vendor gives to any customer for comparable quantities of products and /or services and the lights and remedies provided herein are in addition to said 6 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number 1 1 - 041 1 wananty and do not limit any right afforded to the County by any other provision of this solicitation The vendor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose Section 1.13 Delivery and Completion of Solicitation Response Section 1.13 1: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail from the U S Postal Service and any package delivered by a third party delivery organization (FedEx, UPS, DHL, private courier, etc) will be opened for secui ity and contamination inspection by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off -site secure controlled facility pnor to delivery to any Lake County Government facility, which includes the Lake County Procurement Services office To be considered for award, a bid or proposal must be received and accepted in the Procurement Services office prior to the date and time established within the solicitation A response will not be considered for award if received in the Procurement Services office after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center Allow sufficient time for transportation and inspection Each package shall be clearly marked with the applicable solicitation number, title, and company name Ensure that your bid or proposal is securely sealed in an opaque envelope /package to provide confidentiality of the bid or proposal prior to the due date stated in the solicitation If you plan on submitting your bid or proposal IN PERSON, please bring it to LAKE COUNTY PROCUREMENT SERVICES 315 W MAIN STREET 4TH FLOOR, ROOM 441 TAVARES, FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778 -7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private courier, please send it to LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 7 SECTION 1— SPECIAL 1 ERNIS AND CONDITIONS ITB Number 1 1 -041 1 32400 COUNTY ROAD 473 LEESBURG, FL 34788 Facsimile (fax) or electronic submissions (e -mail) will not be accepted Section 1 13 2 Completion Requirements for Invitation to Bid One (1) signed original bids and Two (2) complete copies of the bid submitted by the vendor shall be sealed and delivered to the Procurement Services office no later than the official bid due date and time Any bid received after this time will not be considered and will be returned unopened to the submitter. The County is not fable or responsible for any costs incurred by any Bidder in responding to this ITB including, without limitation, costs for product and /oi service demonstrations if requested When you submit your bid, you are making a binding offer to the County and are agieeing to all of the terms and conditions in this Invitation to Bid Use only the form(s) provided in this document If you make any change to the content or format of any form, the County may disqualify your offei All information shall be legible and eithei wntten in ink or typewritten If you make a correction or change on any document, the person signing the bid proposal must initial the change The bid shall be manually signed in BLUE INK by an official authonzed to legally bind the Bidder to its provisions COMPLETION OF BID PACKAGE The vendor shall complete all required entrees in Section 4 of the bid form such as, but not limited to, pncing pages, signatuie, certifications, references, and acknowledgement of any solicitation addenda The vendor shall submit the entire solicitation with all Section 4 entries completed in the number of copies specified to the address specified in this solicitation The vendor shall also submit any supporting documents (to include proof of insurability and provision of bid bonds as required), samples, and /or descriptive literature required by any of the provisions in Section 2 of the solicitation in a separate sealed envelope / package marked "Liteiature for Bid (11- 0411) " Do not indicate bid pnces on literature Specific Completion Dnections > Pricing shall be completed as directed within Section 4 • Initial and date in BLUE INK the appropriate space(s) for each addendum you received for this ITB • Insert any prompt payment discount that you will offer Note payment is NET 30 DAYS otherwise • Complete all certifications included within Section 4 of the solicitation • Complete the reference information sheets (include at least three references) contained within the solicitation • Complete the vendor information, and sign the bid (IN BLUE INK) in the spaces provided in Section 4 of the solicitation • If insuiance is requited, submit either a certificate of insuiance, 01 evidence of insurability, that is in compliance with the stated insurance iequnements 8 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 1 1 -041 1 Section 1.14: Accident Prevention and Barricades See Scope of Services Section 1.15: Business Hours of Operations No work shall be done on Saturday, Sunday or County Holidays All normal service work under this agreement is to be performed during regular working hours between 8 00 A M and 5 00 P M Monday thnu Friday, except when such work is necessary for the proper care and protection of the work already performed, and when permission to do such work is secured from the County Department representative No overtime work shall be started without prior approval of the immediate project manager or his/her designated representative Section 1.16: Compliance with Federal Standards All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA) Section 1.17: Furnish and Install Requirements The specifications and /or statement of work contained within this solicitation describe the various functions and classes of work required as necessary for the completion of the project Any omissions of inherent technical functions or classes of work within the specifications and /or statement of work shall not relieve the bidder from furnishing, installing or performing such work where required for the satisfactory completion of the project Section 1.18: Labor, Materials, and Equipment Shall be Supplied by the Vendor Unless otherwise stated in this solicitation the vendor shall furnish all labor, matenal and equipment necessary for satisfactory contract performance When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade foi the purpose All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager Section 1.19: Protection of Property All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has an interest shall be protected against damage or interrupted services at all times by the vendor during the term of this contract, and the vendor shall be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the vendor's operation on the property In the event the vendor fails to comply with these requirements, the County reserves the right to secure the required services and charge the costs of such services back to the vendor 9 SECTION 2 - STATEMENT OF WORK ITB Number 1 1 SCOPE OF SERVICES TRAFFIC STRIPING AND MARKINGS TRAFFIC STRIPING AND MARIUNGS SPECIFICATIONS The Contractor shall furnish all labor, equipment, fuel, materials, and any othei items needed to perform all operations necessary to provide and apply traffic road striping and markings on all County roads on an as- required basis to complete this work in strict accordance with these specifications, any applicable drawings, and subject to the terms and conditions of the contract Method 1 Thermoplastic Material All work shall be performed in accordance with the requirements of latest edition, at the time the work request is issued to the contractor, of the following manuals and publications, including, but not limited to, Section 711 from the Florida Department of Tiansportation "2010 Standard Specifications for Road and Bridge Construction" and any othei section applicable and the Florida Department of Transportation "Design Standards" and the Federal Highway Administration "Manual on Uniform Traffic Control Devices " These standai ds shall be used for six inch thermoplastic pavement centerline, edge line, lane line stripes and all other markings Method 2 Paint All work shall be performed in accordance with the requirements of latest edition, at the time the work request is issued to the contractor, of the following manuals and publications, including, but not limited to Section 710 from the Flonda Department of Transportation "2010 Standard Specifications for Road and Bridge Consti uction" and any other sections applicable, Florida Department of Transportation "Design Standards" and the Federal Highway Administration "Manual of Uniform Traffic Control Devices Method 3 High Performance Permanent Tape Stripes & Markings All work shall be performed in accordance with the requirements of latest edition, at the time the work request is issued to the contractor, of the following manuals and publications, including, but not limited to Section 713 fiom the Florida Department of Transpoi tation "2006 Standard Specifications for Road and Bi idge Construction" and any other sections applicable, Florida Department of Transportation "Design Standards" and the Federal Highway Administration "Manual of Uniform Traffic Control Devices Lake County shall determine either specification Method 1, Method 2, or Method 3 for each job before requesting a quote Lake County will use the May 27, 2005 Florida Method of Test for Traffic Striping Retroreflectivity Designation FM 5 -579 or the latest method at the time the work request is issued to the contractor, to test for retroreflectivity Hand liners shall be used only for transverse pavement markings and taper or gore sections of pavement striping and markings Hand liners shall not be used for long line pavement stnpes longer than two hundred feet unless the stripes are part of a taper or gore area or intersection lane line that cannot be installed with a trick mounted apphcatoi 10 SECTION 2 - STATEMENT OF WORK ITB Number I I -041 I GENERAL SPECIFICATIONS Unless specifically request for an individual job, all woik performed under this contract will be governed by the latest editions now in foice or hereafter adopted of the following • 2010 Florida Department of 1 ransportation Standard specifications foi Road and Budge Construction • 2010 Floiida Department of Transportation Design Standards • 2009 Federal Highway Administration Manual on Uniform Traffic Conhol Devices The Contractor shall provide competent, suitable, and qualified personnel to perform the work as required by the specifications The Contractor shall be fully responsible for the performance of his organization and completion of all work under this Contract The Contractor shall, at all times, maintain good discipline and order at the work site The Contractor shall maintain a dress code for their employee's with a minimum of shut, shots, and shoes, in decent condition, at all times while the woik is being performed This office shall be staffed by a competent representative who is able to communicate effectively with County staff regarding the requirements of the project The representative shall be available dunng normal business hours, able to speak and understand English, and be author ized to directly discuss matters pertaining to the contract with County staff The Contractor shall furnish the County with a list of all subcontractors, if any, with then phone numbers, performing woik on this contract The Contractor shall inform the Traffic Operations daily as to the locations to be worked and the areas completed the previous day The Contractor shall maintain coordination with Traffic Operations at all times Either party may request and be granted a conference upon request within two (2) working days of the request WORK REQUEST All work shall be ordered by the Traffic Operations Supervisor or designee with a "Lake County Tiaffic Stripes & Markings Work Request" foim, Lake County Attachment A This form will indicate the road sections, method, and all aspects of the work to be performed Along with the work request shall be a copy of the Conti actor's Proposal / Notice to Proceed, Lake County Attachment B CONTRACTOR'S PROPOSAL / NOTICE TO PROCEED Upon receiving the request for proposal / notice to proceed form issued fiom the County, the Contractor shall accurately complete the requited information The completed `Lake County Tiaffic Stapes & Markings Specifications Contractor's Proposal / County's Notice to Proceed" form, Lake County Attachment B with total footage and amounts fiom the Contractor, shall be returned within four teen (14) days The "Lake County Str rpes & Mar kings Conti actor's Proposal / County's Notice to Proceed" form, signed by Lake County, and returned to the contr actor shall be considered the "Notice to Proceed " The contractor may use then own proposal foim as long 11 SECTION 2 - STATEMENT OF WORK ITB Number I 1 - 041 I as all the information from the County form is included on the Contractor's form All work ordered must be completed within the timefiame specified The Contractor shall contact Traffic Operations forty-eight (48) hours pnor to starting any job The Contractor shall have forty five (45) days to COMPLETE the woik from the date the signed "Lake County Traffic Stripes & Markings Proposal/ Notice to Proceed" fo►m was received COMPLETE shall mean that the traffic striping and markings have passed the required retioreflectivity, width, thickness and color and have been accepted by Lake County CONTRACT TIME AND TIME EXTENSIONS A Unless otherwise provided, contract time shall mean the number of consecutive calendar days fiom the commencement date noted in the Notice to Proceed to the date on which all work Is to be completed The Contractor shall diligently pursue the completion of the woik and coordinate the work being done on the project by its subcontractors and material suppliers, as well as coordinate its work with the work of other contractors so that its work or the work of others shall not be delayed or Impaired by any act or omission of any act by Contractoi The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, as well as coordination of all portions of the work under the Contract Documents B Should the Contractor be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of the Contractor, and not due to its own fault or neglect, including but not restricted to acts of God or the public enemy, acts of government, fires, floods, discovery of pre - existing hazardous matenals, utility conflicts, epidemics, quarantine regulations, strikes or lockouts, the Contractor shall notify the Traffic Operations Supervisor or designee in wnting within two (2) regular work days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the Contractor may have had to request a time extension C NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve the Contractor of its duty to perform or give nse to any nght to damages or additional compensation from the County The Contractor expressly acknowledges and agrees that the Contractor shall receive no damages for delay However, this provision shall not preclude recovery or damages by the Contractor for hindrances or delays due solely to fiaud, bad faith or active interference on the part of the County Otherwise, Conti actor shall be entitled to extensions of the Contract Time as the sole and exclusive remedy foi such resulting delay, in accordance with and to the extent specifically provided above This provision applies to claims for early completion as well as late completion Such extensions of time will not be granted for delays caused by unfavorable weather, ground conditions related to the weather, inadequate construction force or for the failure of the Contractor to timely order equipment or materials 12 SECTION 2 - STATEMENT OF WORK ITB Number I I -04I I D If the Contractor complies with the two (2) regular work days notice requitement, the Traffic Operations Supervisor or designee shall ascertain the facts and the extent of the delay being claimed The Ti affic Opei ations Supervisor or designee's findings of fact justify such an extension, and the Traffic Operations Supervisor or designee's finding of fact shall be final and conclusive on the parties The Contractor shall cooperate with the Traffic Operations Supervisor or designee's investigation of the delays by providing any schedules, correspondence or othei data that may be required to complete the findings of fact Extensions to the contract time may be granted for only those delays that impact the Contiactoi's Construction Schedule Extensions of contract time must be authorized by Change Order approved in accordance with Board policy LIQUIDATED DAMAGES A The County and the Contractor recognize that, since time is of the essence for services as part of this Contract, the County could suffer financial loss if the work is not completed within the time specified B The County shall be entitled to assess, as liquidated damages, but not as a penalty, for each calendar day after the scheduled completion date The project shall be deemed to be completed on the date the work is deemed complete to the satisfaction of the Engineer The Contractor hereby expressly waives and relinquishes any nght which it may have to seek to characterize the above -noted liquidated damages as a penalty The parties agree that the liquidated damages sum represents a fair and reasonable estimate of the County's actual damages at the time of contracting if the Contractor fails to complete the work in a timely manner The liquidated damages shall be as follows Original Contract Amount Daily Charge Per Calendar Day $5,000 and under $25 Over $5,000 but less than $10,000 $75 $10,000 or more but less than $20,000 $150 $20,000 of more but less than $30,000 $250 $30,000 or more but less than $40,000 $350 $40,000 or more but less than $50,000 $450 Over $50,000 but less than $250,000 $544 $250,000 or more but less than $500,000 $634 $500,000 or more but less than $2,500,000 $1,288 $2,500,000 or more but Tess than $5,000,000 $2,470 $5,000,000 or more but less than $10,000,000 $3,730 $10,000,000 or more but less than $15,000,000 $5,240 $15,000,000 or more but less than $20,000,000 $6,078 13 SECTION 2 - STATEMENT OF WORK ITB Number 1 I - 041 I $20,000,000 and over $8,624 plus 0 00027 percent per day for amount over $20,000,000 C Any Contractor that is in default for not completing the work within the time specified will be removed from the bidder's list, at the option of the County, and not permitted to bid work for Lake County until the project is complete and the liquidated damages sum is satisfied The County shall retain from the compensation to be paid to Contractor the above descnbed sum UNDERGROUND UTILITIES Any required ground digging or subsurface work shall be done in accordance with the Flonda Statute Chapter 556 It shall be the responsibility of the Contractor to have all underground utilities located before any work shall begin This can be done by contacting Sunshine State One Call They may be reached by calling 1- 800 - 432 -4770 The repairs of any damaged underground utilities as a result of the work being performed by the Contractor shall be the responsibility of the Contractor The proper utility company shall be contacted immediately if damage has occurred to expedite the repairs Lake County shall also be notified The Contractor shall notify the County immediately of any complaints given directly to the Contractor SAFETY All standard equipment, work operations, safety equipment, personal protective equipment, and lighting required or mandated by State, Federal, OSHA, or ADA regulations must be provided All safety devices installed on equipment by the manufacturer shall be in place and in proper working order at all times If the County determines that equipment is deficient in safety devices, the Contractor shall be notified immediately The Contractor shall immediately repair, or remove the equipment from service until the deficiency is corrected to the satisfaction of the County 1 A County representative may periodically monitor work site for safety Should there be safety and /or health violations, the County's representative may have the authority, but not the duty, to require the Contractor to correct the violation in an expeditious manner If there is any situation that is deemed unsafe by the Project Manager, the project will be shut down immediately upon notice and will not resume work until the unsafe condition has been remedied The contractor retains the ultimate responsibility to ensure all work is performed in a manner consistent with all applicable safety standards and directives The Contractor shall be aware that while working for the County, representatives from agencies such as the United States Department of Labor, Occupational Safety and Health Administration (OSHA), and the Division of Safety, State of Florida, are invitees and need not have warrants or permission to enter the work site 14 SECTION 2 - STATEMENT OF WORK ITB Numbei 11 The Contractor shall designate a competent, English speaking person of its organization whose duty shall be the prevention of accidents at the site This person shall be the Conti actoi's superintendent unless otherwise designated in wnting by the Contractor to the County All communications to the supenntendent shall be as binding as if given to the Contractor HAZARDOUS MATERIALS The Contractor is responsible for notifying the County of any hazardous materials used by the contractor on the work site and providing him with a copy of the Material Safety Data Sheets (MSDS) as required by the Flonda Right -to -Know -Law, as applicable and if requested Any spillage of hazardous chemicals and /or wastes must be reported immediately to the County and cleaned up in accordance with all State and Federal Regulations The cost of clean up of any spillage of hazardous chemicals caused by the Contractor shall be the sole responsibility of the Contractor and the County shall share no responsibility for these costs A copy of a complete report showing compliance with local, state, and federal agencies shall be given to the County If any hazardous chemicals or conditions are discovered during the normal road stnping operation, it is the responsibility of the Contractor to immediately contact the County with a description and the location of the condition MAINTENANCE OF TRAFFIC (MOT) Maintenance of traffic shall be the responsibility of the Contractor, be part of the bid price, and shall conform to Florida Department of Transportation's latest editions now in force or hereafter adopted on the following "Design Standards ", "Standard Specifications for Road and Bridge Construction" and the Federal Highway Administration (FHWA) "Manual on Uniform Tiaffic Control Devices" (MUTCD) for Streets and Highways " These documents can be ordered from FDOT, Maps and Publications Department, 605 Suwannee Street, Tallahassee, Florida, 32399- 0450, Phone (904) 488 -9220 All costs associated with MOT must be included with the Unit Price If the Contractor does not comply with the Flonda Department of Transportation manuals and publications, and the Federal Highway Administiation's Manual of Uniform Traffic Contiol Devices standards (i e signs, qualified flaggers and /or barricades), the County reserves the nght to direct the contractor to cease operation until deficiencies are corrected In addition, no road closures shall be allowed except in the case of emergencies All lane closures shall have the prior approval of the Traffic Operations Supervisor The foregoing requirements are to be considered as minimum and the Contractors compliance shall in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and Conti actor's employees throughout the work area 15 SECTION 2 - STATEMENT OF WORK ITB Number 11 -041 I CLEAN UP /SURPLUS MATERIAL REMOVAL The Contractor shall be responsible for the removal of all surplus material and debris within their work zone All costs associated with clean -up and debris removal must be included with the Unit Pnce Any deficiencies of this nature, will be addressed as part of the Final Inspection process If such deficiencies are not corrected as part of this process, the County shall remove the remaining debris and surplus materials and deduct the associated costs from the amount due the Contractor EQUIPMENT The Contractor shall furnish equipment of a type and quantity to perform the work satisfactorily within the time specified herein If, in the opinion of the County, the Contractor has insufficient equipment on the job to satisfactorily complete the work within the required time, the Contractor shall provide additional equipment as directed by the County DAMAGE All items damaged as a result of Contractor or subcontractor operations, such as but not limited to, sidewalks, seating, curbs, pipes, drains, water mains, pavement, mail boxes, turf, etc , shall be either repaired or replaced by the Contractor, at their expense, in a manner prescribed by and at the sole satisfaction of the County Any invoices submitted to the County such as but not limited to, fiom utility companies, landowners, which are determined to be the result of damage done by the Contractor, shall be the responsibility of the Contractoi County reserves the nght to pay any such invoices and deduct for the Contractors invoice Repairs, or receipt of repairs, shall be completed and submitted to the County prior to submission of the Contractoi 's invoice for work accomplished If the Contractor does damage to a County sign or other property owned by the County, It shall be the responsibility of the Contractor to repair the item back to the original condition If the repair is not in accordance with County standards, the County shall repair the items and deduct the associated cost from the amount due the Contractor Complaints will be addressed within 48 hours and a wntten report submitted to the County outlining actions taken to correct the complaint The Contractor shall notify the County immediately of any complaints given dnectly to the Contractor FINAL INSPECTION The Contractor shall self inspect all road markings using the May 27, 2005 Florida Method of Test for Traffic Striping Retroreflectrvrty Designation FM 5 -579 or the latest editions now in force or hereafter adopted, to test and certify width, thickness, color and retroreflectivity The Contractoi shall submit the results to the County on the, "Lake County Initial Retroueflectuvuty Reading Ceitificatuon (Daily Worksheet)' form, Lake County Attachment C The County reserves the right to veuufy all test results The County's test shall be final and binding 16 SECTION 2 - STATEMENT OF WORK ITB Number I 1 -041 1 Upon written notice from the Contractor that a load is complete, the County will review the submitted test results and if the County deems necessary, test the completed road using the May 27, 2005 Florida Method of Test for Traffic Striping Retroreflectrvity Designation FM 5 -579 or the latest editions now in force or hereafter adopted, to test and certify retroreflectivity, width, thickness and color The County will notify the Contractor of any deficiencies The Contractor will correct all deficiencies before final acceptance and payment is made An eighty (80) dollar inspection fee shall be assessed to the contractor if an area tested by the County does not comply with the County specified standard, which fee shall be assessed upon has to be inspected a third time , an eighty (80) dollar inspection fee shall be assessed to the contractor for the third inspection and another eighty (80) dollar inspection fee for each subsequent inspection for that same area The fee is assessed to offset the additional costs associated with County labor and vehicle usage required for unnecessary inspections The fee(s) shall be deducted from the final invoice for that release order CONTRACTOR `S RESPONSIBILITY TO PERFORM The contractor is responsible to follow the County specified striping layout on the road or the pattern supplied by the County If the striping applied is not the correct pattern, it is the Contractors responsibility to remove the markings by the method specified by the County The Contractor is responsible for the cost of the removal and replacement of the correct pattern If the road surface is damaged dunng the removal process, as in chip seal surface roads, or other road surfaces, the contractor is responsible to repan the road surface at the Contractor's expense, to the County's satisfaction BASIS OF PAYMENT Payment shall be full compensation for furnishing all equipment, matenals, labor, maintenance of traffic, mobilization, and all incidentals necessary to complete all road stnping operations specified The Contractor shall be compensated at the unit price as specified in the Conti actor's bid, multiplied by the actual measured amount completed and accepted by the County, less any liquidated damages, or re- inspections accessed No payment shall be made until the road stnping passes the County specified retroreflectivity, width, thickness and color In the event the Contractor has utilized Subcontractors, release of liens from the Subcontractors shall be required before payment will be released Progress payments shall be allowed for any work completed that meets or exceeds the specifications of this contract and is approved by the Traffic Operations Supervisor or designee 17 SECTION 2— STATEMENT OF WORK ITB Number 1 1 - 0 4 1 1 ITB TITLE TRAFFIC STRIPING AND MARKING NO"1ES • Lake County is exempt fi om all taxes (Federal, State, Local) Pncing should be less all taxes A Tax Exemption Certificate will be furnished upon request • The vendor shall not alter of amend any of the information (including, but not limited to stated units of measure, item description, or quantity) stated in the Pricing Section If any quantities are stated in the pricing section as being "estimated" quantities, vendors aie advised to review the "Estimated Quantities" clause contained in Section I of this solicitation • Each price offered m your bid shall be a firm -fixed pt ice, exclusive of any tax Any bid containing a modifying of "escalator" clause not specifically allowed foi under the solicitation will not be considered • All pricing shall be FOB Destination unless otherwise specified m this solicitation document • All pricing subnutted shall remain valid for a 90 day period By signing and subnutting a response to this solicitation, the vendor has specifically agreed to this condition 18 SECTION 3 - GENERAL TERMS AND CONDITIONS ITB Number I I -0411 3 I DEFINITIONS writing to the anenuon of the procurement representative identified Addenda A written change to a solicitation in the solicitation no later than five (5) working days prior to the Bid Shall refer to any offer(s) submitted in response to this address, and telephone number shall mber e The Procurement Services Offt e Invitation to Bid Bidder Shall refer to anyone submitting a bid in response to an to b d changes, adds toy or inquiry clarifies terns, C The agreement to Bid provisions, or requirements of the solicitation The bidder should to perfomt the services set forth in this P q solicitation The contract will be comprised of the solicitation not rely on any statement or explanation whether written or verbal, document signed by both parties with any addenda and other addenda a thansuthose made e there appears solicitation ado tim between in any Contra specr Thefvend o r to which award has been made incorporated solicitation and any addenda, the last addendum issued shall Contratoe vendor to whi County Shall refer to Lake County, Florida prevail It is the bidder's responsibility to ensure receipt and to invitation to Bid (ITB) Shall mean this solicitation document, acknowledge all addenda and any accompanying documentation including any and all addenda An ITB contains %%ell- defined Failure to acknowledge each addendum may prevent the bid from terms, conditions, and specifications, and is awarded to the lowest being g con ids of ohcdatton and Bidders' Responsibilities M ic di responsive w d ten change bidder Modification A written change e to a contact It is the responsibility of the bidder to become thoroughly familiar Responsible Refers to a bidder that has the capacity and with the requirements, terms, and conditions of this solicitation Stated unawareness of contractual terms and conditions will not be an is otherwise r perfomt the for award accepted as a basis for varying the requirements of the County or k required under an Invitation to Bid, and is otherwise of Refers for bidder paid to the vendor the amount to be Responsive Refers to a bidder that has taken no exception or P deviation from the terms, conditions, and specifications set forth in From Restricted ea o s Discussions of this solicitation until final County Solicitation i to Bid rop sls fr The written document requesting either bids or employee, agent or any o representative of the County except discuss the solicitation t prop from the marketplace e The Vendor A general reference to any entity responding to this ool that shal be cons dered P pertenent v ro this s solicitation or performing under any resulting contact solicitation are written documents from the vendor addressed to the The County has established that the words 'shall' must ", or designated procurement representative and relevant documents ' will are equivalent within this ITB and indicate a mandatory promulgated by the designated procurement representative requirement which shall not be waived by the County F Change to, Withdrawal of , or Mistake in, Bid Changes to Bid - Prior to bid opening, a bidder may change its bid 3 2 INSTRUCTIONS TO BIDDERS by submitting a new bid with notice on the firm s letterhead A Bidder Qualification signed by an authorized agent, stating that the new submittal It is the policy of the County to encourage full and open replaces the original submittal The new submittal shall contain all competition among all available qualified vendors All vendors information a as required m A bi b y being the idawgi either bid phys or regularly engaged in the type of work specified in the solicitation of Bid d at bid tim the bid due date If are encouraged to submit bids To be recommended for award the bythd written b ert o written notice met e prior r notice 0 h be addressed to, and County requires that below upon provide evidence of compliance with received by, the designated procurement representative prior to the the requirements s request 1 Disireclosure e be of Employment bid due date and time A bid may also be withdrawn after 2 Disclosure of Ownership expiration of the specified bid acceptance period, and prior to 3 Drug -Free Workplace award, by submitting a letter to the designated procurement 4 W -9 and 8109 foams — The vendor must furnish these forms representative The withdrawal letter must be on company upon request as required by the Internal Revenue Service letterhead and signed by an authorized agent of the bidder 5 Social Security Number — The vendor must provide a copy of Mistake in Bid - Any allegation of mistake in Bid shall be treated the primary owner's socal security card if the social security on a case -by -case basis It is to be assumed that any alteration in number ( is r E E 1 N ) be allowed being used in lieu of the Federal Identification after only when substantiated by current legal precedence will Nu ( 6 Americans with Disabilities Act (A D A ) G Conflicts within the Solicitation 7 Conflict of Interest Where there appears to be a conflict between contractual terns and 8 Debarment Disclosure Affidavit conditions, the technical specifications, the pncing section, or any 9 Nondiscrimination addendum issued, the order of precedence shall be last addendum 10 Family Leave issued, the pricing section, the technical specifications, the special, 11 Antitrust Laws — By acceptance of any contract, the vendor and the general conditions 1 p o to the biincumbent ub date n the vendor to agrees to comply with all applicable antitrust laws identify such B Public Enid) Crimes H Prompt Pa ?rent Terms Pursuant to Section 287 I33(2)(a) of the Florida Statutes, a person It is the policy of the County that payment for all purchases by or affiliate who has been placed on the convicted vendor list County agencies shall be made in a timely manner and that interest following a conviction fora public entity crime may not submit a payments will be made on late payments in accordance with Part bid on a contract to provide any goods or services to a public VII, Chapter 218, Florida Statutes, known as the Florida Prompt entity, may not submit a bid on a contract with a public entity fen Payment Act The bidder may offer cash discounts for prompt the submit bi ds or leases of a public p he y t a public work, may a not submit bids on leases of real property to a public entity, may payments, however, such discounts will not be considered in not be awarded or perform as a contractor, supplier, subcontractor, detemtining the lowest pnce during bid evaluation Bidders are or consultant under a contract with any public entity, and may not requested to provide prompt payment temis in the space provided transact business with any public entity in excess of the threshold on the signature page of the solicitation amount provided in Section 287017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of 3 3 PREPARATION OF BIDS being placed for the convicted I vendor list A The Pricing Section of this solicitation defines the goods of C Request for Additio r nforma e ion for n services to be purchased, and must be completed and or proceedd urre e already or contained in the he solicitation, ti on, Any comm he submitted with the bid Use of any other form or alteration of lreu are re t to o be made m of process nt 19 I SECTION 3 - GENERAL TERMS AND CONDITIONS ITB Number 11-0411 the form may result in the refection of the bid tens or service The County will sign an exemption certificate if B The bid submitted must be legible, and completed using submitted by the contractor Contractors doing business with the typewriter, computer or ink Any entry change must be County are not exempt from paying sales tax to their suppliers for crossed out and initialed in ink Failure to comply with these materials to fulfill contractual obligations with the County, nor requirements may cause the bid to be rejected shall any contractor be authorized to use any of the County s Tax C An authorized agent of the bidder's firm must sign the bid Exemptions in securing such materials FAILURE TO SIGN THE BID MAY RENDER THE BID NON - RESPONSIVE 3 9 PROPRIETARY /CONFIDENTIAL INFORMATION D The bidder may be considered non - responsive if bids are Bidders are hereby notified that all information submitted as part conditioned to modifications, changes, or reversions to the of, or in support of, bid responses will be available for public terms and conditions of this solicitation inspection in compliance with Chapter 119 of the Flonda Statutes E The bidder may submit alternate bid(s) for the same (the 'Public Record Act ") The bidder should not submit any solicitation provided that such offer is allowable under the information in response to any solicitation which the bidder terns and conditions The alternate bid must meet or exceed considers proprietary or confidential The submission of any the minimum requirements and be submitted as a separate bid information to the County in connection with any solicitation shall marled "Alternate Bid' be deemed conclusively to be a waiver of any protection from F When there is a discrepancy between the unit prices and any release of the submitted information unless such information is extended pnces, the unit pnces will prevail exempt or confidential under the Public Records Act G Any bid received after the stipulated bid due date and time through no fault of the County will be considered late, and 3 10 CANCELLATION OF SOLICITATION except under the most exceptional circumstances, not be vet to Bid vesnht is right t to ca in whole e or in pan, any considered for award H Unless otherwise specified in the solicitation, prices quoted shall be F 0 B Destination Freight shall be included in the 3 11 AWARD bid price A Any award will be made to the lowest priced responsive and responsible bidder The County reserves the right to reject 3 4 COLLUSION any and all bids, to waive non - material irregularities or Where two (2) or more related parties, as defined herein, each technicalities and to re advertise for all or any part of this submit a bid for the same contract, or evidence any prior solicitation as deemed in its best interest The County shall understanding, agreement, or connection in such regard, such bids be the sole judge of its best interest shall be presumed to be collusive Related parties shall mean B When there are multiple line items in a solicitation the bidder or principals thereof that have a direct or indirect ownership County reserves the right to award on an individual Item interest in another bidder for the same contract or In which a parent basis, any whichever manner in the bs, total low bid or in County This company or the pnncipals thereof of one bidder have a direct or specifically r d eme in supersedes any of tb h of ou indirect ownership interest in another bidder for the same contract P rovision P Y Bids found to be collusive shall be rejected Bidders which have criteria stated in the solicitation when such action is clearly been found to have engaged in collusion may be considered non- necessary to protect the best interests of the County responsible and may be suspended or debarred Any contract C The County reserves the right to reject any and all bids if it is resulting front collusive bidding may be terminated for default unreasonable, orpitCi excessive s othenv sedetermr determined o determined be in the 3 5 PROHIBITION AGAINST CONTINGENT FEES County's best interest to do so The vendor warrants that they have not employed or retained any D The County reserves the right to negotiate prices with the low company or person, other than a bona fide employee working bidder, provided that the scope of work is not amended solely for the vendor to solicit or secure the contract and that they E Award of this solicitation will only be made to fires that have not paid or agreed to pay any person, company, corporation, satisfy all necessary legal requirements to do business with individual, or firm, other than a bona fide employee working solely the County The County may conduct a pre -award inspection for the vendor, any consideration contingent upon or resulting from of the bidder s site or hold a pre -award qualification heanng the award or making of the contract to determine the responsibility and capacity of the bidder to perform the requirements of this solicitation Award of the 3 6 CONTRACTING WITH COUNTY EMPLOYEES contract resulting from this solicitation may be predicated on Any County employee or member of his or her immediate family compliance with and submittal of all required documents as seeking to contract with the County shall seek a conflict of interest stipulated in the solicitation opinion from the County Attorney prior to submittal of a response F The bidder's perfomiance as prime or subcontractor on to contract with the County The affected employee shall disclose previous County contracts shall be taken into account in the employee s assigned function within the County and interest or evaluating the responsibility of a responding bidder the interest of his or her immediate family in the proposed contract G The Director of Procurement Services will decide all tie bids and the nature of the intended contract in consonance with current written procedure in that regard H A vendor wishing to protest any award decision resulting 3 7 INCURRED EXPENSES from this solicitation shall do so as set forth in the County's This solicitation does not commit the County to award nor be Purchasing Procedure Manual h is incumbent upon the responsible for any cost or expense %% Inch may be incurred by any vendor to be aware of the posting of any associated award bidder in preparing and submitting a bid, or any cost or expense recommendation Any protest received after the actual incurred by any bidder prior to the execution of a purchase order or contract award date may be rejected contract agreement By submitting a bid, the bidder also agrees that the County bears no responsibility for any costs of the bidder 3 12 GENERAL CONTRACT CONDITIONS associated with any administrative or judicial proceedings resulting The contract shall be binding upon and shall inure to the benefit of from this solicitation process each of the ',antes and of their respective successors and permitted assigns The contract may not be amended, released, discharged, 3 8 COUNTY IS TAX- EXEMPT rescinded or abandoned, except by a written instrument duly The County is generally exempt from Federal Excise Taxes and all executed by each of the parties hereto The failure of any party State of Florida sales and use taxes Do not include any tax on any hereto at any time to enlorce any of the provisions of the contract 20 SECTION 3 - GENERAL TERMS AND CONDITIONS ITB Number 1 1 -041 1 will in no way constitute or be construed as a waiver of such or applicants for employment The vendor understands that any provision or of any other provision hereof, nor in any way affect contract is conditioned upon the veracity of this statement the validity of, or the right thereafter to enforce, each and every provision of the contract Any dispute arising during the course of 3 20 SUBCONTRACTING contract performance that is not readily rectified by coordination Unless otherwise stipulated herein, the vendor shall not between the vendor and the County user department shall be subcontract any portion of the work without the prior written referred to Procurement Services office for resolution consent of the County Subcontracting without the pnor consent of the County may result in termination of the contract for default 3137 OTHER AGENCIES With the consent of the vendor, other agencies may make 3 21 ASSIGNMENT purchases in accordance with the contract Such purchases shall be The vendor shall not assign or transfer any contract resulting from governed by the same terms and conditions as stated herein with this solicitation, including any rights, title or interest therein, or its the exception of the change in agency name power to execute such contract to any person, company or corporation without the prior written consent of the County 3 14 CONTRACT EXTENSION The County has the unilateral option to extend a contract for up to 3 22 RESPONSIBILITY AS EMPLOYER ninety (90) calendar days beyond the current contract penod In The employee(s) of the vendor shall be considered at all times its such event, the County will notify the vendor(s) in writing of such employee(s), and not an employee(s) or agent(s) of the County, extensions The contract may be extended beyond the initial The contractor shall provide employee(s) capable of performing ninety (90) day extension upon mutual agreement between the the work as required The County may require the contractor to County and the vendor(s) Exercise of the above options requires remove any employee it deems unacceptable All employees of the prior approval of the Director of Procurement Services the contractor may be required to wear appropriate identification 3 15 WARRANTY 3 23 INDEMNIFICATION All warranties express and implied, shall be made available to the To the extent permitted by law, the vendor shall indemnify and County for goods and services covered by this solicitation All hold harmless the County and its officers, employees, agents and goods furnished shall be fully guaranteed by the vendor against instrumentalities from any and all liability, losses or damages, factory defects and workmanship At no expense to the County, including attorney's fees and costs of defense, which the County or the vendor shall correct any and all apparent and latent defects that its officers, employees, agents or instrumentalities may incur as a may occur within the manufacturer s standard warranty period result of claims, demands, suits, causes of actions or proceedings The special conditions of the solicitation may supersede the of any kind or nature arising out of, relating to or resulting from manulacturer's standard warranty the performance of the agreement by the vendor or its employees, agents, servants, partners, principals or subcontractors The vendor 3 16 ESTIMATED QUANTITIES shall pay all claims and losses in connection therewith, and shall Estimated quantities or dollars are for bidder's guidance only No investigate and defend all claims, suits or actions of any kind or guarantee is expressed or implied as to quantities or dollar value nature in the name of the County, where applicable, including that will be used dunng the contract period The County is not appellate proceedings, and shall pay all costs judgments, and obligated to place any order for a given amount subsequent to the attorney's fees which may be incurred thereon The vendor award of this solicitation The County may use estimated expressly understands and agrees that any insurance protection quantities in the award evaluation process Estimated quantities do required by this Agreement or otherwise provided by the vendor not contemplate or include possible additional quantities that may shall in no way limit the responsibility to indemnify, keep and save be ordered by other entities that may utilize this contract In no harmless and defend the County or its officers, employees, agents event shall the County be liable for payments in excess of the and instrumentalities as herein provided amount due for quantities of goods or services actually ordered 3 24 MODIFICATION OF CONTRACT 317 NON - EXCLUSIVITY Any contract resulting from this solicitation may be modified by It is the intent of the County to enter into an agreement that will mutual consent of duly authorized parties, in writing through the satisfy its needs as described within this solicitation However, the issuance of a modification to the contract and/or purchase order as County reserves the right to perform, or cause to be performed, all appropriate This presumes the modification itself is in compliance or any of the work and services herein described in the manner with all applicable County procedures deemed to represent its best interests In no case will the County be liable for billings in excess of the quantity of goods or services 3 25 TERMINATION FOR CONVENIENCE actually provided under this contract The County, at its sole discretion, reserves the right to terminate this contract upon thirty (30) days written notice Upon receipt of 3 18 CONTINUATION OF WORK such notice, the vendor shall not incur any additional costs under Any work that commences pnor to, and will extend, beyond the this contract The County shall be liable only for reasonable costs expiration date of the current contract period shall, unless concurred by the vendor prior to notice of termination The County terminated by mutual written agreement betwween the County and shall be the sole judge of reasonable costs the vendor, continue until completion without change to the then current prices, terms and conditions 3 26 TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING 3 19 LAWS, RULES, REGULATIONS AND LICENSES When funds are not appropnated or otherwise made available to The vendor shall comply with all federal state, and local laws and support continuation of performance in a current or subsequent regulations applicable to provision of the goods and/or services fiscal year, the contract shall be cancelled and the vendor shall be specified in this solicitation During the term of the contract the reimbursed for the reasonable value of any non - recurring costs vendor assures that it is in compliance with Title VII of the 1964 incurred amortized in the pnce of the supplies or services /tasks Civil Rights Act, as amended, and the Florida Civil Rights Act of delivered under the contract 1992, in that the vendor does not on the grounds of race, color national origin, religion, sex, age, disability or marital status, 3 27 TERMINATION FOR DEFAULT discrimination in any form or manner against the end/or employees The County reserves the right to terminate this contract in pan or m %whole, or effect other appropriate remedy in the event the 21 SECTION 3 - GENERAL TERMS AND CONDITIONS 1TBNumbet 11-0411 vendor fails to perform in accordance with the terms and respective rights to have such action tried by jury trial and hereby conditions stated herein The County further reserves the right to consent to the use of non jury trial for the adjudication of such suit suspend or debar the vendor in accordance with the County ordinances resolutions and/or administrative orders The vendor 3 32 cSTAaE REGISTRATION a bid d t Q IREM oN ITB s wilI be notified by letter of the County s intent to temnnate In the Any rP event of termination for default, the County may procure the other be registered or have applied for registration with the I londa required goods and/or services from any source and use any Department of State in accordance with the provisions of Chapter may method deemed in its best interest All re procurement cost shall 607 f lloruda Statutes orto award copy of the a c gistr o y be borne by the vendor submitting a bid in response to this ITB shall have complied with 3 28 FRAUD AND MISREPRESENTATION the applicable provisions of Chapter 620, Florida Statutes for Any individual, corporation or other entity that attempts to meet its additional information on these requirements, please contact the contractual obligations with the County through fraud Florida Secretary of State's Office Division of Corporations, misrepresentation or material misstatement, may be debarred for 800 755 5111 (hup / /wwwdos state 11 us) up to five (5) years The County as a further sanction may terminate or cancel any other contracts with such individual, 3 33 PRIME CONTRACTOR corporation or entity with such vendor held responsible for all The vendor awarded the contract shall act as the prime contractor of direct or indirect costs associated with termination or cancellation, the contract assume full ll responsibility shall be for succ cc essf the e for poin of i attorney s fees contact with regard to meeting all requirements of the contract All 3 29 RIGHT TO AUDIT subcontractors will be subject to advance review by the County in The COUNTY reserves the right to require CONTRACTOR to regards to competency and security concerns After the award of submit to an audit by any auditor of the COUNTY's choosing the contract no change in subcontractors will be made without the nsible for all CONTRACTOR shall provide access to all of its records which consent nc tCu licenses, The vendor dor shall ll matters be s por a ny and all relate directly or indirectly to this Agreement at its place of permits, business during regular business hours CONTRACTOR shall subcontractors Even if the subcontractor is self - insured, the retain all records pertaining to this Agreement and upon request County may require the contractor to provide any insurance make them available to the COUNTY for three (3) years following certificates required by the work to be performed expiration of the Agreement CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or 3 34 FORCE MAJEURE audit by the COUNTY to ensure compliance with applicable The parties will exercise every reasonable effort to meet their accounting and financial standards Additionally, CONTRACTOR respective obligations hereunder, but shall not be liable for delays agrees to include the requirements of this provision in all contracts resulting from force majeure or other causes beyond their with subcontractors and matenal suppliers in connection with the reasonable control, including, but not limited to, compliance with work performed hereunder If an audit inspection or examination revisions to Government law or regulation, acts of nature, acts or pursuant to this section discloses overpricing or overcharges of any omissions of the other party, fires, stnkes, national disasters, wars, nature by the CONTRACTOR to the COUNTY in excess of one riots, transportation problems and/or any other cause whatsoever percent (I %) of the total contract billings, in addition to making beyond the reasonable control of the parties Any such cause may adjustments for the overcharges, the reasonable actual cost of the be cause for appropnate extension of the performance period COUNTY's audit shall be reimbursed to the COUNTY by the CONTRACTOR Any adjustments and/or payments which must 3 35 NO CLAIM FOR DAMAGES be made as a result of any such audit or inspection of the No claim for damages or any claim other than for an extension of CONTRACTOR'S invoices and /or records shall be made within a time shall be made or asserted against the County because of any reasonable amount of time, but in no event shall the time exceed delays No interruption, interference, inefficiency, suspension, or ninety (90) days, from presentation of the COUNTY's audit delay in the commencement or progress of the Work shall relieve findings to the CONTRACTOR the vendor of duty to perform, or give rise to any right to damages or additional compensation from the County The vendor's sole 3 30 PUBLIC RECORDS remedy shall be the right to seek an extension to the contract time All electronic files, audio and/or video recordings, and all papers However, this provision shall not preclude recovery of damages by pertaining to any activity performed by the vendor for or on behalf the vendor for hindrances or delays due solely to fraud, bad faith, of the County shall be the property of the County and will be or active interference on the part of the County tumed over to the County upon request In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to 3 36 TRUTH iN NEGOTIATION CERTIFICATE any activities performed for or on behalf of the County are public For all lump -sum of cost -plus fixed fee agreements exceeding records available for inspection by any person even if the file or 5150,000, the firm awarded the agreement may be required to paper resides in the vendor's office or facility The vendor shall execute a truth in negotiation certificate staling that the wage rates maintain the files and papers for not less than three (3) complete and other factual unit costs are accurate, complete and current, at calendar years after the project has been completed or terminated, the time of contracting or in accordance with any grant requirements, whichever is longer Prior to the close out of the Contract, the vendor shall appoint a 3 37 GRANT FUNDING records custodian to handle any records request and provide the In the event any part of the contract is to be funded by federal, custodian s name and telephone number(s) to the County state, or other local agency monies, the vendor hereby agrees to comply with all requirements of the funding entity applicable to 3 31 GOVERNING LAWS the use of the monies, including full application of requirements The interpretation, effect, and validity of any contract(s) resulting involving the use of minority fimis, women's business enterprises, from this solicitation shall be go%emed by the laws and regulations and labor surplus area firms Vendors are advised that payments of the State of Florida and Lake County, Flonda Venue of any under the contract may be withheld pending completion and court action shall be in Lake County, Honda in the event that a submission of all required forms and documents required of the suit is brought for the enforcement of any term of the contract, or vendor pursuant to the grant funding requirements A copy of the any right arising there from, the parties expressly waive their requirements shall be supplied to the vendor by the County upon request 22 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number 1 1 -041 1 ITB TITLE: TRAFFIC STRIPING AND MARKING NOTES • Lake County is exempt from all taxes (Federal, State, Local) Pricing should be less all taxes A Tax Exemption Certificate will be furnished upon request • The vendor shall not alter or amend any of the information (including, but not lmvted to stated units of measure, item description, or quantity) stated in the Pricing Section If any quantities are stated in the pricing section as being "estimated" quantities, vendors are advised to review the "Estimated Quantities" clause contained in Section 3 of this solicitation • Each price offered in your bid shall be a firm -fixed price, exclusive of any tax Any bid containing a modifying of "escalator" clause not specifically allowed foi under the solicitation will not be considered • All pricing shall be FOB Destination unless otherwise specified in this solicitation document • All pricing submitted shall remain valid for a 90 day period By signing and submitting a response to this solicitation, the vendor has specifically agreed to this condition • Vendors are advised to visit our website at httry//www.lakecountviLgov and register as a potential vendor. Vendors that have registered on -line receive an e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: Complete Part I or Part II, whichever applies Part I: The bidder must list below the dates of issue for each addendum received in connection with this ITB Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Part II: No Addendum was received in connection with this ITB 23 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number 1 1 - 041 1 PRICING SECTION Item # Description Unit Estimated Unit Extended Quantity Price Price 1 6" Yellow Sti ipe Method 1 Linear 125,000 S 91 �`jD Oc! Feet , 2 6" White Sti ipe Method 1 Linear 125,000 Feet An 83 oa 3 6" Yellow Sti ipe Method 2 Linear 100,000 Feet .,1' 13 000 00 4 6" White Stripe Method 2 Linear 100,000 t3 and 00 Feet -1� 5 6" Yellow Stripe Method 3 Linear 1 05 Feet a 6 6" White Stripe Method 3 Linear 1 a Feet g os 7 8" White Sti ipe Method 1 Linear 1 1 1 Feet 8 8" White Stripe Method 2 Linear 1 �� 2.� Feet 9 8" White Stripe Method 3 Linear 1 "? Feet .1 lS 10 12" White Stripe Method 1 Linear 1 ' $O 1 IC) Feet 11 12" White Stripe Method 2 Linear 1 _ _ Feet 5O 12 12" White Stripe Method 3 Linear 1 4 15 Feet 4 1 5 13 18" White Stripe Method 1 Linear 1 Feet 3 cro 3 °o 14 18" White Stripe Method 2 Linear 1 _ Feet -75 75 15 18" White Stripe Method 3 Linear 1 Feet 6 1 5 L 15 16 24" White Stripe Method 1 Linear 1 Feet .5 o ° 6. oo 17 24" White Sti ipe Method 2 Linear 1 i XS 1 - 18 24" White Sti ipe Method 3 Linear 1 Feet � Y3 "3 .'i) 19 18" Yellow Sti ipe Method 1 Linear 1 Feet 10 1 ) 1Q 20 18" Yellow Stripe Method 2 Linear 1 Feet 75 24 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number 11-0411 21 18" Yellow Stripe Method 3 Linear 1 ( (ii 15 Feet 22 6" Blue Stripe Method 1 Linear 1 Feet 3 OD 3 p0 23 6" Blue Stripe Method 2 Linear 1 Feet 1 00 I. 24 6" Blue Stripe Method 3 Linear 1 3 DO 3 o Feet 25 Special Emphasis Cross Walk 12" x 6" 1 Wide Method 1 Ea section to oo 10 00 26 Special Emphasis Cioss Walk -12" x 6" 1 Wide Method 2 Ea _ section 5 00 5 00 27 Special Emphasis Cioss Walk 12" x 6" 1 Wide Method 3 Ea section - 7500 - 7 5 00 28 Special Emphasis Cross Walk 12" x 1 10" Wide Method 1 Ea section i S O° l E op 29 Special Emphasis Cross Walk 12" x 1 10" Wide Method 2 Ea section 10 00 10 o0 30 Special Emphasis Cioss Walk 12" x 1 10" Wide Method 3 Ea section Ic0 00 10o GO 31 "No Parking or Standing Fiie Zone" — 1 18" High Method 1 Ea Letter 15 co `45 oQ 32 , "No Parking or Standing Fire Zone" — 1 18" High Method 2 Ea 1 Letter oo cgs 00 33 "No Parking of Standing Fiie Zone" — 1 18" High Method 3 , Ea Letter 150 oo ■ 5 Do 34 Symbol — Single Arrow Method 1 ea 1 G5 oo 1 1/49 5 o0 35 Symbol — Single Arrow Method 2 ea 1 00 -ate oD 36 Symbol — Single Anow Method 3 ea 1 ioo DC, Ino 0b 37 Symbol — Combination Arrow Method ea 1 1 o,od Oo 38 Symbol — Combination Arrow Method ea 1 'J0 00 25 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number 1 1 -041 1 2 39 Symbol — Combination Arrow Method ea 1 3 16o00 If oo 40 Symbol — Handicap Method 1 ea 1 SO oo So oo 41 Symbol — Handicap Method 2 ea 1 — 0o ao 00 42 Symbol — Handicap Method 3 ea 1 jo 00 51) oo 43 Message — "Raihoad Crossing" ea 1 Method 1 i35 o V'S5 O0 44 Message — "Rathoad Crossing" ea 1 Method 2 5D O0 9) 0o 46 Message — "Railroad Crossing" ea 1 Method 3 i 5045 150 o0 46 Message — "School" Method 1 ea 1 1/45_00 1 u5 00 47 Message — "School" Method 2 ea 1 7e oo - 7o oo 48 Message — "School" Method 3 ea 1 150,00 ISo Do 49 Message — "Only" Method 1 ea 1 go oo _ (30 00 50 Message — "Only" Method 2 ea 1 :=A oo So ao 51 Message — "Only" Method 3 ea 1 lo oa loo 00 52 Message — "Merge" Method 1 ea 1 ,5o 00 1.") 00 53 Message — "Merge" Method 2 ea 1 7o 0 — 70 o0 54 Message — "Merge" Method 3 ea 1 I90 oo t$0 00 55 Message — "Stop" Method 1 ea 1 60 oo 1 .00 56 Message — "Stop" Method 2 ea 1 40 00 LP 00 57 Message — "Stop" Method 3 ea 1 lco o o (00 Do 58 Lay -Out for Stripes Linear 25,000 Feet , oS 0-50 °" 59 Lay -Out for Symbol ea 1 15 oo 15 ap 60 Lay -Out for Message ea 1 30 oo 30 o0 61 Clearing Dirt/Grass from Edgeline Linear 25,000 Feet - 10 ; c o o 62 Remove Existing Marking Grinding Linear 5,000 Feet 5o x,500 0 0 63 Remove Existing Marking Water Blast Linear 1 Feet oo 500 64 Tempoiary Tape Markings Linear 1 Feet 150 1 '30 65 Remove Raised Pavement Markers ea 4,000 , 30 1..D0 00 66 Furnish & Install Raised Pavement ea 5,000 3 )D `('o o� Markers 26 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number I I -041 I 67 Rumble Ships Thermoplastic Per FDOT Index 518 'h" Thickness, 4" Per Set 1 ( 300 `� 00 Min Width Pnce without adjustment due to pavement width - EXTENDED $ Al 7' $2 6C ) ° 1 (PS 27 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number I 1-0411 By Signing this Bid the Bidder Attests and Certifies that • It satisfies all legal requirements (as an entity) to do business with the County • The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract • The bidder hereby certifies that it undeistands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contiact(s) and /or other transactions required by award of this solicitation Certification Regarding Acceptance of County Electronic Payable Process Vendor will accept payment using the County's VISA- based electronic payment systein ❑ Yes IS No Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award l f Lake County awarded you the proposed contract, would you sell under the same terms and conditions, for the same price, to other governmental agencies in the State of Florida Each governmental agency desiring to accept to utilize this contract shall bp responsible for its own purchases and shall be liable only for materials or services ordered and received by it ❑' Yes ❑ No (Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive perfoi ming equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years ❑ Yes [)` No (Check one) Conflict of Interest Disclosure Certification Except as listed below, no employee, officer, or agent of the fir m has any conflicts of interest, real or apparent, due to ownership, other clients, conti acts, or interests associated with this project, and, this bid is made without pi ior understanding, agreement, of connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and witholt collusion or fraud NG ry DUNS Number (insert if this action involves a federal funded project) Nf General Vendor Information and P a1 Signature: - Firm Name e,/ Sheet Address. `�r� ?r� Cr %r ly Ni�` Mailing Address Of different) Telephone No `1ti7 /d /G Fax No 4 3L/ 'J/ E -mail f�?, / ? /i t s ✓r'7 FEIN No - /9.95=-' 7 Prompt Payment Terms % days; net Signature - - / Date /,� xit/ l�/ 'v ' Pi int Name tJ� =�,�/ ��"i - Title ,��` / Award of Contract by the County: (Official Use Only) By signature below, the County confirms award to the above - identified vendor under the above identified solicitation A separate purchase older will be generated by the County to support the contract T �'r r_ l -' Vendor awarded as � f1 Z 4,, t 1 _._ , ni Sole vendor ❑ Pie - qualified pool vendor based on pi ice ❑ Pre - qualified pool vendor (spot bid) ❑ Primary vendor for items ❑ Secondary vendor for items ❑ Other status Signature of authorized County official r , i 'A rv- 1'1T,z^ = Date (_ ) 1 t Printed name } t - 1 1 - t - ) Title i —,, - ! ( { 6 t �i r Purchase Order Number assigned to this contract for billing purposes -- ) 28 SECTION 5 — ATTACHMENTS 1TB Number 1 1 - 0411 THE FOLLOWING DOCUMENTS ARE ATTACHED Attachment A. Lake County Traffic Stripes & Markings Work Request Form Attachment B Lake County Traffic Stripes & Markings Specifications Contractor's Proposal / Notice to Proceed Form Attachment C: Lake County Initial Retroreflectivity Reading Certification Form Attachment D. References 29 SECTION 5 — ATTACHMENTS ITB Number 11 - 0411 LAKE COUNTY ATTACHMENT A LAKE COUNTY TRAFFIC STRIPES & MARKINGS WORK REQUEST FORM ROAD NAME FROM TO DATE REMARKS ❑ RECAP STRIPING & MARKINGS ❑ INITIAL APPLICATION STRIPES & MARKINGS ❑ METHOD 1 PER CONTRACT ❑ METHOD 2 PER CONTRACT ❑ METHOD 3 PER CONTRACT ❑ FOLLOW EXISTING PATTERN ON ROAD ❑ PATTERN SUPPLIED (hard copy) ❑ LAYOUT FOR STRIPES & MARKINGS ❑ CLEARING DIRT /GRASS FROM EDGE LINE ❑ INSTALL CENTER LINE ❑ INSTALL EDGE LINE ❑ INSTALL RAISED PAVEMENT MARKERS ❑ INSTALL SYMBOL ❑ INSTALL MESSAGE ❑ INSTALL CROSSWALK ❑ INSTALL STOP BAR ❑ INSTALL GORE AREA All prices will reflect the current Lake County Traffic Stripes and Markings contract 30 SECTION 5 - ATTACHMENTS 1TB Number 11 -041 LAKE COUNTY ATTACHMENT B LAKE COUNTY TRAFFIC STRIPES & MARKINGS SPECIFICATIONS CONTRACTOR'S PROPOSAL / NOTICE TO PROCEED FORM ❑ Method 1 Per Contract ❑ Method 2 Per Contract ❑ Method 3 Per Contract ROAD SEGMENT MARKING UNIT EXETNDED ITEM DESCRIPTION DESCRIPTION QUANITY UNIT PRICE PRICE TOTAL: NOTICE TO PROCEED: Si . nature: Date: REMARKS All prices will reflect the current Lake County Traffic Stripes and Markings contract The contractors receipt of the signed "Proposal" form will serve as a notice to proceed 31 /§ } re ,. §§ ( no ; II z �2 K§ § o 0 � \ IX w E_ e c � w w 2 . 2 E 2 § cc ell 0 § m � D _ 2 I [ b (� Q m E 2 CI S U 8 a z w G g o I-. _i 2 III 1. I.-. § b � § - 3 Z 5 o q Z � - X T. « q 7 kk E 0 z § 0 WI ae / y / _ e o« D. 2 § w § § \ w - 2 VD 0 \ / tu L) 0 \ E / § , § E � ' • \ \ e 2 w ; O ` 0 0 0 • o H R 0 . U W Cn SECTION 5 — ATTACHMENTS ITB Number 11 -0411 Attachment D REFERENCES a l Agency tee CC Address J A7 C 57, City,State,ZIP Q - 1 Q(`e$ F- 3,,Z 7 78 Contact Person U PN r 5 Telephone 35,1 - 7q,./. Date(s) of Service 00 - , 2 O /O Type of C.C„.01246_/ /v9Y'e.; f 5 f Service Comments /9-/y/t/Gtk (Lm.) PAC a I /Q C Agency /�.c �//lJ Address ,7 / i, `CC CS L /i A. I? eC 7.J Cny,State ZIP C //Q , a.5.> C'e F 3A.3 d & �f Contact Person Dale ( .4 r' Or ( e y Gu n e/a Telephone 5Q - 466 - /4 Date(s) Servicce e of 02 UO 8 020// Type of �7 + /^ S Service - /')e ffiLP /i4S � [ /`�/i /N / /7714 � Comments /Y/Y/Y(1 / C6 / /r 7 ft I Agency O ea Al e. <GW (Y �J Address L /02 00 S :T G �M t ou# .PG 4 t14 ,U y Cny,State,ZIP R. lQ/Vdb /-1 3,Q8 , 4 Contact Person 0/1.4) N y - p C C/� Telephone 35Y - 7334 (cell ) Date(s) of Service 0 20C? — o2G / O Type of / �[ Service eePlt� 45 i C 1.7.41A/ f in/77 C�i 5 Comments /4"//1/ 14 - 4 - / C'G/V 7571C 33 EXHIBIT B TRAFFIC STRIPPING AND MARKING PRICE SCHEDULE • Method 1 Thermoplastic Matenal • Method 2 Paint • Method 3 High Performance Permanent Tape Stnpes & Markings .2 Description ( Ma Price 1 6" Yellow Stripe Method 1 Linear Feet $0 65 2 6" White Stnpe Method 1 Linear Feet $0 67 3 6" Yellow Stripe Method 2 Linear Feet $0 13 4 6" White Stnpe Method 2 Linear Feet $0 13 5 6" Yellow Stripe Method 3 Linear Feet $2 05 6 6" White Stripe Method 3 Linear Feet $2 05 7 8" White Stnpe Method 1 Linear Feet $1 20 8 8" White Stnpe Method 2 Linear Feet $0 20 9 8" White Stripe Method 3 Linear Feet $2 75 10 12" White Stnpe Method 1 Linear Feet $1 80 11 12" White Stripe Method 2 Linear Feet $0 50 12 12" White Stripe Method 3 Linear Feet $4 15 13 18" White Stnpe Method 1 Linear Feet $3 00 14 18" White Stripe Method 2 Linear Feet $0 75 15 18" White Stripe Method 3 Linear Feet $6 15 16 24" White Stripe Method 1 Linear Feet $5 00 17 24" White Stnpe Method 2 Linear Feet $1 25 18 24" White Stnpe Method 3 Linear Feet $8 30 19 18" Yellow Stripe Method 1 Linear Feet $3 10 20 18" Yellow Stripe Method 2 Linear Feet $0 75 21 18" Yellow Stripe Method 3 Linear Feet $6 15 22 6" Blue Stripe Method 1 Linear Feet $3 00 23 6" Blue Stripe Method 2 Linear Feet $1 00 Page 1 of 3 TRAFFIC STRIPPING AND MARKING PRICE SCHEDULE Description A, N7i;I Price 24 6" Blue Stnpe Method 3 Linear Feet $3 00 25 Special Emphasis Cross Walk 12" x 6" Wide Each Section $10 00 Method 1 26 Special Emphasis Cross Walk 12" x 6" Wide Each Section $5 00 Method 2 27 Special Emphasis Cross Walk 12" x 6" Wide Each Section $75 00 Method 3 28 Special Emphasis Cross Walk 12" x 10" Wide Each Section $15 00 Method 1 29 Special Emphasis Cross Walk 12" x 10" Wide Each Section $10 00 Method 2 30 Special Emphasis Cross Walk 12" x 10" Wide Each Section $100 00 Method 3 31 "No Parking or Standing Fire Zone" — 18" High Each Letter $45 00 Method 1 32 "No Parking or Standing Fire Zone" — 18" High Each Letter $25 00 Method 2 33 "No No Parking or Standing Fire Zone" — 18" High Each Letter $150 00 Method 3 34 Symbol — Single Arrow Method 1 Each $65 00 35 Symbol — Single Arrow Method 2 Each $30 00 36 Symbol — Single Arrow Method 3 Each $100 00 37 Symbol — Combination Arrow Method 1 Each $80 00 38 Symbol — Combination Arrow Method 2 Each $35 00 39 Symbol — Combination Arrow Method 3 Each $150 00 40 Symbol — Handicap Method 1 Each $50 00 41 Symbol — Handicap Method 2 Each $20 00 42 Symbol — Handicap Method 3 Each $50 00 43 Message — "Railroad Crossing" Method 1 Each $135 00 44 Message — "Railroad Crossing" Method 2 Each $50 00 46 Message — "Railroad Crossing" Method 3 Each $150 00 46 Message — "School" Method 1 Each $145 00 47 Message — "School" Method 2 Each $70 00 Page 2 of 3 TRAFFIC STRIPPING AND MARKING PRICE SCHEDULE L.N. Description Unit Unit Price 48 Message — "School" Method 3 Each $150 00 49 Message — "Only" Method 1 Each $80 00 50 Message — "Only" Method 2 Each $50 00 51 Message — "Only' Method 3 Each $100 00 52 Message — "Merge" Method 1 Each $150 00 53 Message — "Merge" Method 2 Each $70 00 54 Message — "Merge" Method 3 Each $180 00 55 Message — "Stop" Method 1 Each $60 00 56 Message — "Stop" Method 2 Each $40 00 57 Message — "Stop" Method 3 Each $100 00 58 Lay -Out for Stnpes Linear Feet $0 05 59 Lay -Out for Symbol Each $15 00 60 Lay -Out for Message Each $30 00 61 Clearing Dirt/Grass from Edgeline Linear Feet $0 10 62 Remove Existing Marking Grinding Linear Feet $0 50 63 Remove Existing Marking Water Blast Linear Feet $5 00 64 Temporary Tape Markings Linear Feet $1 50 65 Remove Raised Pavement Markers Each $0 30 66 Furnish & Install Raised Pavement Markers Each $3 30 Rumble Stnps Thermoplastic Per FDOT Index 67 518 1 /2" Thickness, 4" Min Width Pnce Per Set $200 00 without adjustment due to pavement width Page 3 of 3 Client# 25305 OGLESBY DATE (MM /DDIYYYY) A CORM CERTIFICATE OF LIABILITY INSURANCE 8/18/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER NAAMNTACT Tina Adman Althans Insurance Agency, Inc PHONE 440 247 -6422 FAX 440 247 -2394 (AIC, No, Ext) (A/C, No) 543 East Washington St ADDRESS tmartman @althans com P 0 Box 570 INSURER(S) AFFORDING COVERAGE NAIC # Chagrin Falls, OH 44022 INSURER A National Fire of Hartford 20478 INSURED INSURER B Valley Forge Insurance 20508 Oglesby Construction, Inc INSURER C Endurance American Insurance Co 10641 600 Hickman Circle INSURER D Sanford, FL 32771 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 LT RR ADDL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSUR W ANCE INSR VD POLICY NUMBER (MMIDD/YYYY) (MM /DDIYYYY) A GENERAL LIABILITY 4019450249 02/28/2011 02/28/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMIS S T,O Ea o N ur D PREMI ( aoccurrena3) $500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5 000 X PD Ded 500 PERSONAL 8 ADV INJURY $1, 000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 7 POLICY n JECT 1 LOC $ A AUTOMOBILE LIABILITY 4019450235 02/28/2011 02/28/2012 COMacaBINdeED nQ SINGLE LIMIT $ 1,000,000 (Ea X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS _ AUTOS PROPERTY DAMAGE $ NON -0WNED (Per accdent) X HIRED AUTOS X AUTOS $ B X UMBRELLA LIAB OCCUR 4019449215 02/28/2011 02/28/2012 EACH OCCURRENCE $10,000,000 C X EXCESS LIAB CLAIMS -MADE EXC10003013000 02/28/2011 02/28/2012 AGGREGATE $10,000,000 DED X RETENTION $0 $ B WORKERS COMPENSATION WC4013315331 02/28/2011 02/28/2012 X W ORY T LI MI I T - S I PP AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y / N E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory In NH) E L DISEASE - EA EMPLOYEE $1,000,000 If yes descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101 Additional Remarks Schedule, If more space Is required) The City of Clermont is named as Additional Insured RE Contract No 11 -0411 - Traffic Striping and Marking - Lake County CERTIFICATE HOLDER CANCELLATION City of Clermont SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 685 West Montrose St ACCORDANCE WITH THE POLICY PROVISIONS Sanford, FL 32771 AUTHORIZED REPRESENTATIVE ...... © 1988-2010 ACORD CORPORATION All rights reserved ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S315896/M291152 TMA