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2013-66 CONTRACTOR AGREEMENT FOR TRAFFIC STRIPING AND MARKING THIS AGREEMENT, made and entered into this day of 0C_-To 13.E R 2013, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, 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. 13-0440, 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. 13-0440. 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 as requested by CITY by purchase order and as described in the Lake County Contract No. 13-0440, 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 the CITY's Purchasing Policy and Exhibit "A", the terms and conditions of this Agreement and the CITY's Purchasing Policy shall prevail and govern. ARTICLE II- THE CONTRACT SUM CITY 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—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until September 30, 2015, unless renewed as set forth below or terminated as provided for herein. At the option of CITY, this Agreement may be extended thereafter for three (3) additional terms, each not to exceed one(1) year. 1 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to SUPPLIER, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to SUPPLIER b) SUPPLIER is adjudged to be bankrupt; c) SUPPLIER makes a general assignment for the benefit of its creditors; d) SUPPLIER fails to comply with any of the conditions of provisions of this Agreement; or e) SUPPLIER is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 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 to the Agreement. Substantial Completion 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, 2 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. 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 3 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. ARTICLE VI—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 VII—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 VIII -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: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—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 6 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 X - 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. CITY's Purchasing Policy 4. All documents contained in Lake County Contract No.: 13-0440. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 2 2 day of �yC�-( . 2013. City of Cl- " u ��/r Lam/ � ��"��`�`''; H.�'S. Turville,Jr., Ma Sr , Attest: �.�,. r • _� r ^ " Tracy,Ackroyd, City Clerk •-*Oglesby Construction, Inc. , Kevin Tle 'en, Vice President Attest: Corp.« :ecretary (Name P • ted or Typed) 8 EXHIBIT A ••: =- - .rl ',tom r � LAKE COUNTY FLORIDA INVITATION TO BID (ITB) Traffic Stnping and Marking ITB Number: 13-0440 Contracting Officer: Sandia Rumeis Bid Due Date: July 11,2013 Pre-Bid Conf.Date: Not applicable Bid Due Time: 3.00 PM ITB Issue Date: June 11,2013 TABLE OF CONTENTS SECTION 1. Special Terms and Conditions I Page 1 SECTION 2. Statement of Work _ I Page 11 _ SECTION 3. General Terms and Conditions I Page 19 SECTION 4 Pncnig/Certitications/Signatures 1 Page 23 SECTION 5: Attachments __ _ Page 29 SPECIFIC SOLICITATION REQUIREMENTS ARE AS NOTED BELOW: Proposal and/or Performance Bond. I Not applicable to this solicitation Certificate of Competency/License I Not applicable to this solicitation Indemnification/Insurance: __ Section 1 8 _ _ Pre-Bid Conference/Walk-Thin- I 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 consideration The names of the bidders submitting bids will be read aloud and recorded. The bids will be available for inspection during normal business hours in the Office of Procurement Services thirty (30) calendar days after the official bid due date When counter- signed by an authorized County representative,this document and any specifically identified attachments may form the contiavt document binding the pieties to all pertbninui.e specified herein. Vendors shall complete and return the entirety of this ITB Document, and attach all other Information requested In this ITB document(See Ptovlsion 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 Vendor List,please mark the appropriate space,complete name below and return this page only ❑ Not interested at this tune,keep our firm on Lake County's Vendors List for future solicitations for this product/service ❑ Please remove our fine from Lake County's Vendor's List for this product/service VE,IDOR IDENTIFICATION Company Name: Li/4s, i�h / /I. Phone Number: ��i ;�/ /6'I Y E-mail Address: 3/f/ V 6, ,9 6 ,.4, I, -I11 Ail Contact Person: / 4e102 1 SECTION 1—SPECIAL TERMS AND CONDITIONS ITB Number: 13.0440 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 Coturty's needs. The contractor shall furnish/supply all labor, equipment, fuel, materials 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 acceptedj to the below named individual who shall be the official point of contact for this solicitation. To ensure reply, questions should be submitted no later than five (5) working days before the bid due date. Sandra Rogers,Contracting Officer Lake County BCC Office of Procurement Services 315 W.Main Street,Room 441 PO BOX 7800 Tavares,FL 32778-7800 Phone: 352.343.9832 Fax : 352.343.9473 E-mail: srogers @lakeconntyf.gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Office of Procurement Services. 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 contact by the Board of County Commissioners, 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 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 2 SECTION 1—SPECIAL TERMS AND CONDITIONS 1T3 Number: 13-0440 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, or 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 period(s). Prior to completion of each exercised contract term, the Cotumty may consider an adjustment to price based on changes in the following pricing index: PPI. It is the vendor's responsibility to request 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 ten)) 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 authorized 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, Part 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 requirements: [This does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the County.] 3 SECTION 1—SPECIAL TERMS AND CONDITIONS ITB Number: 13-0440 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 prior 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 or companies authorized to do business in the State of Florida, and which are acceptable to the County, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries 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 restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CO 00 01) of the Insurance Services Office or equivalent without restrictive endorsements,with the following minimmn 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 uninimtun 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 auy other applicable law requiring workers' compensation (Federal, maritime, etc). If not required by law to maintain workers 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 minimwn 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: 13-0440 Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with mini ntun limits of$1,000,000 and annual aggregate of$2,000,000. The following additional coverage mist 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 ou all applicable liability insurance policies. The certificate(s) of insurance, shall provide for a minimum of thirty (30) days prior 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. If it is not possible for the Vendor to certify compliance, on the certificate of insurance, with all of the above requirements, then the Vendor is required to provide a copy of the actual policy endorsement(s)providing the required coverage and notification provisions. Certificate(s) of insurance shall identify the applicable solicitation (ITB/RFP/RFQ) number in the Description 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 primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County. The Vendor shall be responsible for 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. 5 SECTION 1—SPECIAL TERMS AND CONDITIONS ITB Number: 13-0440 The County shall be exempt from, and in no way liable for, any stuns 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. 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 tested/inspected 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 either 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. 6 SECTION 1—SPECIAL TERMS AND CONDITIONS ITB NLunber: 13-0440 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 rights and remedies provided herein are in addition to said warranty 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 security and contamination inspection by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off-site secure controlled facility prior to delivery to any Lake County Government facility, which includes the Lake County Office of Procurement Services. To be considered for award, a bid or proposal must be received and accepted in the Office of Procurement Services prior to the date and time established within the solicitation. A response will not be considered for award if received in the Office of Procurement Services 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 7 SECTION 1—SPECIAL TERMS AND CONDITIONS ITB Number: 13-0440 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 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 Two (2) signed original bids and one (1) complete copy of the bid submitted by the vendor shall be sealed and delivered to the Office of Procurement Services 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 liable or responsible for any costs incurred by any Bidder in responding to this ITB including, without limitation, costs for product and/or service demonstrations if requested. When you submit your bid,you are making a binding offer to the County and are agreeing to all of the terms and conditions in this Invitation to Bid. Use only the fonn(s) provided in this document. If you make any change to the content or format of any form, the County may disqualify your offer. All information shall be legible and either written 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 authorized to legally bind the Bidder to its provisions. COMPLETION OF BID PACKAGE: The vendor shall complete all required entries in Section 4 of the bid form such as, but not limited to, pricing pages, signature, certifications, references, and acknowledgement of any solicitation addenda. The vendor shall submit the entire solicitation with all Section 4 entries completed in the nwnber 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 I package marked "Literature for Bid (Number)." Do not indicate bid prices on literature. Specific Completion Directions: > Pricing shall be completed as directed within Section 4. a 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 8 SECTION 1—SPECIAL TERMS AND CONDITIONS IT/3 Number: 13-0440 the solicitation. > Complete the vendor information, and sign the bid(IN BLUE INK) in the spaces provided in Section 4 of the solicitation. If insurance is required, submit either a certificate of insurance, or evidence of insurability, that is in compliance with the stated insurance requirements. 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 on any days between the hours of 5:00 P.M. and 8:00 A.M. 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. The vendor shall also be required to provide adequate general user training to County personnel on the appropriate use of the materials or products as and if necessary. 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, material 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 for 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 9 SECTION 1—SPECIAL TERMS AND CONDITIONS ITB Number: 13-0440 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. Section 1.20: Special Notice to Vendors Regarding Federal and/or State Requirements Upon award of a contract resulting from this solicitation, the vendor shall utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: 1) All persons employed by the vendor during the term of the contract to perform employment duties within Lake County; and 2) All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract. 10 SECTION 2—STATEMENT OF WORK ITB Number; 13-0440 SCOPE OF SERVICES TRAFFIC STRIPING AND MARKINGS TRAFFIC STRIPING AND MARKINGS SPECIFICATIONS The Contractor shall furnish all labor, equipment, fuel, materials, and any other 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 Transportation"2013 Standard Specifications for Road and Bridge Construction" and any other section applicable and the Florida Department of Transportation "Design Standards" and the Federal Highway Administration "Manual on Uniform Traffic Control Devices." These standards 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 Florida Department of Transportation "2013 Standard Specifications for Road and Bridge Construction" 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 from the Florida Department of Transportation "2013 Standard Specifications for Road and Bridge 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 stripes longer than two (200) hundred feet unless the stripes are part of a taper or gore area or intersection lane line that cannot be installed with a truck mounted applicator. 11 SECTION 2—STATEMENT OF WORK ITB Ntunber: 13-0440 GENERAL SPECIFICATIONS Unless specifically requested for an individual job, all work performed under this contract will be governed by the latest editions now in force or hereafter adopted of the following: • 2013 Florida Department of Transportation Standard specifications for Road and Bridge Construction • 2013 Florida Department of Transportation Design Standards • 2009 Federal Highway Administration Manual on Uniform Traffic Control 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 limes, maintain good discipline and order at the work site. The Contractor shall maintain a dress code for their employee's with a minimum of shirt, shorts, and shoes, in decent condition, at all times while the work 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 during normal business hours, and be authorized 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 their phone numbers,performing work 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 Traffic Stripes & Markings Work Request" form, Lake County Attaclunent 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 Contractor's Proposal / Notice to Proceed, Lake County Attaclunent B. CONTRACTOR'S PROPOSAL/NOTICE TO PROCEED Upon receiving the request for proposal / notice to proceed form issued from the County, the Contractor shall accurately complete the required information. The completed "Lake County Traffic Stripes & Markings Specifications Contractor's Proposal / County's Notice to Proceed" form, Lake County Attachment B with total footage and amounts from the Contractor, shall be returned within fourteen(14)days. The"Lake County Stripes&Markings Contractor's Proposal /County's Notice to Proceed"form, signed by Lake County, and returned to the contractor shall be considered the"Notice to Proceed." The contractor may use their own proposal form as long as all the information from the County form is included on the Contractor's form; provided, however, that the Contractor's proposal shall not be accepted if it adds additional terms and 12 SECTION 2—STATEMENT OF WORK ITB Number: 13-0440 conditions, or alters any term or condition under this solicitation . All work ordered must be completed within the timefraune specified. The Contractor shall contact Traffic Operations forty-eight(48)hours prior to starting any job. The Contractor shall have forty five(45)days to COMPLETE the work from the date the signed "Lake County Traffic Stripes & Markings Proposal/ Notice to Proceed" form was received. COMPLETE shall mean that the traffic sniping and markings have passed the required retroreflectivity,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 from 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 work 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 Contractor. 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 materials, utility conflicts, epidemics, quarantine regulations, strikes or lockouts, the Contractor shall notify the Traffic Operations Supervisor or designee in writing 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 rise to any right 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 fraud, bad faith or active interference on the part of the County. Otherwise, Contractor shall be entitled to extensions of the Contract Time as the sole and exclusive remedy for 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. 13 SECTION 2—STATEMENT OF WORK ITB Number: 13-0440 D. If the Contractor complies with the two (2) regular work days notice requirement, the Traffic Operations Supervisor or designee shall ascertain the facts and the extent of the delay being claimed. The Traffic Operations 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 other 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 Contractor'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 right which it may have to seek to characterize the above-noted liquidated damages as a penalty. The parties agree that the liquidated damages sum repiesents 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 or 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 less 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 $20,000,000 and over .$8,624 plus 0.00027 percent per day for 14 SECTION 2—STATEMENT OF WORK ITB Number: 13-0440 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 described sum. UNDERGROUND UTILITIES Any required ground digging or subsurface work shall be done in accordance with the Florida 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 inunediately 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. 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. 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 Contractor's 15 SECTION 2—STATEMENT OF WORK ITB Number. 13-0440 superintendent unless otherwise designated in writing by the Contractor to the County. All communications to the superintendent 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 Florida 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 striping 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 Traffic 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 Florida Department of Transportation manuals and publications, and the Federal Highway Administration's Manual of Uniform Traffic Control Devices standards (i.e. signs, qualified flaggers and/or barricades), the County reserves the right 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 Contractor's employees throughout the work area. 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 Price. Any deficiencies of this nature, will be addressed as part of the Final Inspection 16 SECTION 2—STATEMENT OF WORK ITB Number: 13-0440 process. If such deficiencies are not corrected as part of this process, the County shall remove the remaining debris and stuplus 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, from utility companies, landowners,which are determined to be the result of damage done by the Contractor,shall be the responsibility of the Contractor. County reserves the right 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 Contractor'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 written report submitted to the County outlining actions taken to correct the complaint. The Contractor shall notify the County immediately of any complaints given directly 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 Retroreflectivity Designation: FM 5-579 or the latest editions now in force or hereafter adopted, to test and certify width, thickness, color and retroreflectivity. The Contractor shall submit the results to the County on the, "Lake County Initial Retroreflectivity Reading Certification (Daily Worksheet)" form, Lake County Attachment C. The County reserves the right to verify all test results. The County's test shall be final and binding. Upon written notice from the Contractor that a road 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 Retroreflectivity 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. 17 SECTION 2—STATEMENT OF WORK 1TB Number: 13-0440 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 during the removal process, as in chip seal surface roads, or other road surfaces, the contractor is responsible to repair 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, materials, labor, maintenance of traffic, mobilization, and all incidentals necessary to complete all road striping operations specified. The Contractor shall be compensated at the unit price as specified in the Contractor'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 striping 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. 18 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Nuinber- 13-0440 3.1. DEFINiTIONS uniting to the attention of the procurement representative identified Addenda:A mitten 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 bid due date. Such inquiries shall content the tequester a name, hwtation to Bid address.and telephone number The Prottuenent Services Office Bidder: Shall refer to anyone submitting a bid in response to an may issue an addendum in response to any ingwry received,prior Invitation to Bid_ to bid opening. which changes, adds to, or clarifies the tams, Contract: The agreement to perform the unseat set forth in this provisions,or requirements of the solicitation The bidder should 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 other than those made in this solicitation docuument or in any attachments specifically incorporated addenda issued. Where there appears to be a conflict between this Contractor: The vendor to which award has been made solicitation and any addenda, the last addendum issued shall County: Shall refer to Lake County.Florida, prevail. It is the bidders responsibility to ensure receipt and to Invitation to Bid(ITB): Shall mean this solicitation document. pdmowledge all addenda and any acconipanynig documentation. including any and all addenda, An iTB contains well-defined Failure to acknowledge each addendum may prevent the bid from terms,conditions,and specifications,and is awarded to the lowest being considered for award priced responuv a and responsible bidder. D. Contents of Solicitation and Bidders'Rexponsibilitles Modification: A written change to a contract It is the responsibility of the bidder to become thoroughly familiar Responsible: Refers to a bidder that has the tapacity and with the requitemets.tams. and conditions of this solicitation capability to perform the work required under an invitation to Bid. Stated unawmcness of contractual terms and conditions will not be and is otherwise eligible for award. accepted as a basis for varying the requirements of the County or Responsive: Refers to a bidder that has taken no exception or the amount to be paid to die vendee_ deviation ftom the tenter,conditions.and specifications set forth in E. Restricted Discussions an Invitation to Bid. From the date of issuance of this solicitation until final County Solicitation: The written document requesting cadet bids or action. vendors should rte discuss the soliutation with any proposals from the marketplace employee.agent,or any other representative of the County except Vendor. A general reference to any entity responding to this as authorized by the designated procurement representative The solicitation or performing under any resulting contract, only communications that shall be considered pertinent to this solicitation are written documents front the vendor addressed to the The County has established that the words"call", ''mist", or designated procurement representative and relevant documents "will" are equivalent within this 1TB and indicate a mandatory piouulgated by the designated procurement representative. sequueuent which shall not be waived by the County, F. Change to,Withdrawal of,or'Mistake in,Bid Cllvggtt e_i it •Prior to bid opening,a bidder may change its bid 3.2 INSTRUCTIONS TO BIDDERS by submitting a new bid with notice on the fine's letterhead, A. Bidder Qualification signed by an authoized agent, stating that the new submittal It iv die 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 as required for submitting the original bid, regularly engaged in the type of%seek specified in die solicitation ,Withdtmwel ofBt4•A bid may be withdrawn.either physically or are encouraged to submit bids. To be tecaimreided for award the by written notice, at any time prior to the bid due date If County requires that vendors provide evidence of compliance with withdrawn by written notice,that notice must be addressed to.and the requirements below upon request: received by.the designated procurement representative prior to the 1. Disclosure of Employment bid due date and time. A bid may also be withdrawn after 2. Disclosure of Ownership expiration of the specified bid acceptance pealed,and prior to 3. Dnsg•Free Workplace award. by submitting a letter to the designated procurement 4. W-9 end 8109 Forms—The vendor trust knish 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 mute provide a copy of Mistakein Bid_Any allegation of mistake in Bid shall be treated the primary owner's social security card if the social security on o case-by-case basis, It is to be assumed that any alteration in number is being used in lieu of the Federal Identification bid price atter receipt of bids will be exceptional in nature.and will Number(F.E IN,) be allowed only when substantiated by current!egad precedence. 6. Americans with Disabilities Act(A.DA) G. Conflicts within the Solicitation 7. Conflict of Interest Where there appears to be a conflict between contractual terms and 8. Debarment Disclosure Affidavit conditions,the technical specifications,the pricing section.or any 9. Nondiscrimination addendum issued,the order of precedence shall be last addendumu 10. Family Leave issued,the pricing section,die technical epeciftsntious.die special, 11 Antitrust Lana—By acceptance of any contract,the vendor and then general conditions. It is incumbent upon the vendor to agrees to comply with all applicable antitrust laws, identify such conflicts prior to the bid response date. B. Public Entity Crimes H. Prompt Payment Terris Pursuant to Section 287.133(2)(x)of the Florida Statutes.a person It is die 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 fat a public entity crime may not submit a payments will be made on late payments in accordance with Pad bid on a contract to provide any goods or set to a public VU,Chapter 218.Florida Statutes,known as the Florida Prompt entity,may not subant a bid on a connect with a public entity for the construction or repair of a public balding Of public wink.may Payment Act. The bidder may offer cash discounts for prompt 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,subcoutracto` determining the lowest price during bid evaluation Bidders are or consultant under a contract with any public entity.and may not requested to provide prompt payment terms in the space provided transact business with any public entity in excess of the tuahold on the signature page of the solicitation. amount provided m Section 287.017 of the Florida Statutes. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list 3.3 PREPARATION OF BIDS C. Request for Additional Information A. The Pricing Section of this Solicitation defines the goods or Any communication or inquiries.except for clarification of process services to be purchased, and must be completed and or procedure already contained in the solicitation.ore to be made in submitted with the bid. Use of any other form or alteration of 19 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number: 13-0440 the form may result in the rejection of the bid. paying sales tax to their suppliers for materials to fulfill comiraehtal B. The bid submitted must be legible. and completed using obligltuons with the County.not shall any contractor be authorized ypewvriter, computer or ink. Any entry change must be to use any of the County's Tax Exemptions in securing sudi crossed out and initialed in ink Failure to comply with these materials, requirements may cause the bid to be rejected, C. An authorised agent of die bidder's firm mutt sign the bid 3.9 PROPRiETARY/CONFIDENTIAL INFORMATION FAILURE TO SIGN THE BID MAY RENDER THE Bidders are hereby notified that all nnfonumon submitted as part )1ID NON-RESPONSIVE, of a bid will be available for public inspection in compliance with D. The bidder may be considered non4tsponsive if bids are Chapter 119 of the Florida Statutes(the"Public Record Act.").The conditioned to modifications, changes, or revisions to the bidder should not submit any information which the bidder terms and conditions of this solicitation. considers proprietary or confidential The subnussion of any E. The bidder may submit alternate bid(s) for the same information to the Corny in connection with arty solicitation shall solicitation provided that such offer is allowable under the be deemed conclusively to be a waiver of any protection Pram terms and conditions, The alternate but must meet or exceed release of the submitted information unless such intbnuatton is the minimum requirements and be submitted as a separate bid exempt or confidential under the Public Records Act. marked*Alternate Bid". F. When there is a discrepancy between die unit prices and any 3.10 CANCELLATION OF SOLICITATION extended prices,the tuut prices will pies mi. The County reserves the right to cancel.in whole or in part,any G. Any bid received after the stipulated bud due date and time Invitation to Bid when it is in the best interest piths County. through no faub of the County will be considered late,and except under the most exceptional circumstances. not be 3.11 AWARD considered for award, A. Unless otherwise allowed by statute or ordinance,award Will H. Unless otherwise specified in the solicitation, prices quoted be made to the lowest priced responsive and responsible shall be CO 8.Destitahon, bidder. The County reserves the tight to reject any and all bids,to waive non-material irregularities or technicalities and 3.4 COLLUSION to re•advatise for all or any part of this solicitation as Where two(2) or more related parties, as defined herein, each deemed in ib best interest, The County shall be the tole submit a bid for the same contract, or evidence any prior judge of its best interest. understanding,agreement.or connection in such regard,such bids B. 1Vheit there are multiple line items in a wliciwhon, the shall be presumed to be collusive Related parties shall mean County reserves the tight to award on an individual item bidder or principals thereof that have a direct or indirect ownership basis, any tembinatiou of items, total low bid or in interest in another bidder for the mime contract or in which a parent whichever manner deemed in the best interest of the County company or the principals thereof of one bidder have a direct o This provision specifically supersedes any method of award indirect ownership uuerest in another bidder for the seine contract. cntpria:wed in the solicitation when such action is clearly Bids found to be collusive shall be rejected, Bidders which have necessary to protect the best interests of the County. been found to have engaged in collusion may be considered non- C. The Cowry reserves the right to reject any andaU bids if it is responsible, and may be suspended or debased, Any contract determined that paces ate excessive or determined to be resulting from collusive bidding may be terminated for default. unreasonable, or it is otherwise determined to be in the County's best interest to do so 3.5 PROHIBITION AGAINST CONTINGENT FEES D. The County reserves the right to negotiate prices with the low The vendor warrants that they have not employed or retained any bidder,provided that the scope of wok is not amended company or person, other than a bona fide employee weekung E. Award will only be made to firms that satisfjr all legal solely for the vendor to solicit or secure the contract and that they requirements to do business with the County. The County have not paid or agreed to pay any person,company,corporation. may conduct a pre-award inspection of the bidder's site or individual,or firm.other than a bona fide employee working solely conduct a pre-award qualification meeting to determine the for the vendor,any consideration contingent upon or resulting from responsibility and capacity of the bidder to perform Award the award or untiring of the contract, may be predicated on compliance with and submittal of all required documents as stipulated in the solicitation. 3.6 CONTRACTING WITH COUNTY EMPLOYEES F. The bidder's performance as prime or subcontractdr on Any County employee or member of his or her immediate family previous Corny contracts shall be taken into account in seeking to contract with die County shall seek a conflict of interest evaluating the responsibility of a responding bidder. opinion from the County Attorney prior to submittal of a response G. The Director of Procurement Semite%will decode all tie bids to contract with the County. The affected employee shall disclose in consonance with current written procedure in that regard. the employee's assigned function within the County and interest or H. A vendor wishing to protest any award decision resulting from the interest of his or her immedate family in the proposed contract this solicitation shall do as provided for in the County's and the nature of the intended contract. Purchasing Procedure Manual. 3.7 INCURRED EXPENSES 3.12 GENERAL CONTRACT CONDITIONS This solicitation does not commit the County to award nor be The contract shall be binding upon and shall inure to the benefit of responsible for any cost or expense which may be incurred by any each of the parties and of their respective successors and permitted bidder in preparing or submitting a bid, or any cost or expense assigns. The contract may not be amended,released,discharged. incurred prior to the execution of a purchase order or contract, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto The failure of any party 3.8 COUNTY iS TAX-EXEMPT hereto at any tune to enforce any of the provisions of the contract When purchasing on a direct basis,the County is generally exempt will in no way constitute or be construed as a waiver of such from Federal Excise Taxes and all State of Florida sales and use provision or of any other provision hereof,nor in any way affect taxes. The County will pros'ide an exemption certificate upon the walidiy of,or the right thereafter to enforce,each and every request by the seller for such purchases. Except for items) provision of the contract.Any dispute arising during the course of specifically identified by the vendor and accepted by the County conduct performance that is not readily rectified by coordmatiot for direct County purchase under the Sales Tax Recovery Program. between the sender and the County user department shall be Contractors doing business with the County are not exempt from referred to Procurement Services office for resolution. 20 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number. 13.0440 3.13 OTHER AGENCIES 3.21 ASSIGNMENT Wide the consent of the sender. other agencies may make The vendor shall not assign or transfer any contract resulting from purchases in accordance with the contract Such purchases shall be this solicitation,including any rights,title or interest therein.or its governed by the same tens and conditions as stated herein with power to execute such contract to any person, company or the exception of the change in agency name. corporation without the prior written consent of the County. This provision specifically includes any acquisition or hostile takeover' 3.14 CONTRACT EXTENSION of the awarded vendor. Failure to comply in this regards May The County has the unilateral option to extend a contract for up to result in termmanon of the contract for delimit ninety(90)calendar days beyond the cumin contract period, In such event,the County will notify the vendor(s)in writing of such 3.22 RESPONSIBILITY AS EMPLOYER extensions. The contract may be extended beyond the initial The employee(s)of the vendor shall be considered at all times its ninety (90) day extension upon mutual agreement between the employee(s), and not an employees)or agent(*)of the County. County and the vendor(*),Exercise of the above options requires The contractor shall provide employee(s)capable of performing the prior approval of the Director of Procurement Services the work as required The County may require the contractor to remove any employee it deems unacceptable, All employees of 3.15 WARRANTY the contractor may be required to wear appropriate Identification All warranties express and implied,shall be made available to the County for goods and services covered by this solicitation All 3.23 INDEMNIFICATION goods furnished shall be fully guaranteed by the vendor against To the extent permitted by law,the vendor shall itideumfy and factory defects and workmanship, At no expense to the County, hold harmless the County and its officers.employees.agents and the vendor shall correct any and all apparent and latent defects that uwtnnne nalities from any and all liability, losses or damages. may occur within the manufacturer's standard warmly period including attorney's fees and costs of defense.which the County or The special conditions of the solicitation may supersede the its officers,employees,agents or insuwue►tabties may incur as a manufacturer's standard wwrauy. result of elision.demands,suits,causes of actions or proceedings of any kind or nature arising out of.relating to or resulting from 3.16 ESTIMATED QUANTITIES the performance of the agreement by the vendor or its employees. Estimated quantities or dollars are for bidders guidance only. No agents,servants.partners.principals or subcontractors. The vendor guarantee is expressed or implied as to quantities or dollar value shall pay all claims and losses in connection therewith,and shall that will be used during the contract period The County is not investigate and defend all claims.suits or actions of any kind or obligated to place any order for a given amount subsequent to the nature in the name of the County, where applicable. including awed of thit solicitation The County may use estimated appellate proceedings, and shall pay all costs, judgments, and quantities in the award evaluation process Estimated quantities do attorney's fees which may be incurred thereon, The vendor not contemplate or include possible additional quantities that may expressly understands and agrees that any insurance protection be ordered by other entities that may utilize this contract In no required by thit Agreement or otherwise provided by the vendor event shall the County be liable for payments in excess of the shall in no%say limit the responsibility to indemnify.keep and save amount due for quantities of goods or services actually ordered. harmless and defend the County or its officers,employees.agents and instrtwartalities as herein provided, 3.17 NON-EXCLUSIVITY It is the intent of the County to enter into an agreement that will 3.24 MODIFICATION OF CONTRACT satisfy its needs as described within this solicitation. However,the Any contract resulting front this solicitation may be modified by County reserves the right to perform,or cause to be performed.all mutual consent of duly authorized pities.in writing duough the or any of the work and services herein descn'bed in the manner issuance of a modification to the contract and/or purchase order as deemed to represent its best interests In uo case will the County appropriate. This presumes the modification itself is in compliance be liable for billings in excess of the quantity of goods or services with all applicable County procedures, actually provided under tins contract. 3.25 TERML'VATIOV FOR CONVENIENCE 3.78 CONTINUATION OF WORK The County rat its sole discretion.reserves the right to terminate And work that commences prior to.and will extend,beyond the this contract upon thirty(30)days written notice. Upon receipt of expiration date of the current contract period }hall, unless such notice.the vendor shall not incur any additional costs under terminated by mutual written agreement between the County and this-contract. The County shall be liable only for reasonable costs the vendor,continue until conplepon without change to the then incurred by the vendor prior to notice of insulation The County current prices.terms and conditions shall be the sole judge of"reasonable costs." 3.19 LAWS,RULES,REGULATIONS AND LICENSES 3.26 TERMINATION DUE TO UNAVAILABILITY OF The vendor shall comply with all federal,stale,and local laws and CONTINUING FUNDING regulations applicable to provision of the goods and/or services When Rinds are not appropriated or otherwise made available to specified in this solicitation. During the term of the contract the support continuation of performance in a current or subsequent vendor assures that it is in compliance with Tale VII of the 1964 fiscal year,the contract shall be cancelled and the vendor shall be Civil Rights Act,as amended,and the Florida Civil Rights Act of reimbursed for the reasonable value of any run-recurring costs 1992.in that the vendor does not an the grounds of race,color. incurred amortized in the price of the supplies or services/tasks national origin, religion, sex, age. disability or marital status, delivered under the contract. discrimination in any form or manner against the end/or employees or applicants for employment. The vendor understands that any 3.27 TERMINATION FOR DEFAULT contract is conditioned upon the veracity of this statement. The County reserves the eight to terminate this contract,in pan or in whole, or effect other appropriate remedy in the event the 3.20 SUBCONTRACTING vendor fails to perform in accordance with the terms and Unless otherwise stipulated herein, the vendor shall not conditions stated herein. The County further reserves the right to subcontract any portion of the work without the prior written suspend or debar the vendor in accordance with the County consent of die County Subcontracting without die prior consent of ordinances,resolutions and/or admimsttative orders The vendor the County may result in terniinatiosl of the contract for default. will be notified by letter of the County's intent to terminate. In the event of termination for default, the County may procure the 21 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number: 13-0440 required goods audio: sett ices from any source and use any court action shall be in Lake County Florida hi the event that a method deemed to its best interest All re•procurenent cost shell suit is brought for the enforcement of any term of the contract.or be home by the vendor any right arising there from, the parties expressly waive their respective tight,to have such action tried by jury trial and hereby 3.28 FRAUD AND MISREPRESENTATION consent to the use of non jury trial for the adjudication*loch suit. Any individual.corporation or other entity that attempts to meet its contractual obligations through fraud. misrepresentation or 3.32 STATE REGISTRATION REQUIREMENTS material misstatement.may be debarred for up to five(5)years Any corporation submitting a bid in response to this ITS shall The County as a bather sanction may temunate or cancel any other either be registered or have applied for registration with the Florida contracts with such individual, corporation or entity with such Deportment of State in accordance with the provisions of Chapter vendor held responsible for all direct or indirect costs associated 607.Florida Statutes. A copy of the registration/application may with termination or cancellation,including attorney's fees• be required prior to award of a contract. Any partnership submitting a bid in response to this ITS shall have complied with 3.29 RIGHT TO AUDIT the applicable provisions of Chapter 620. Florida Statutes For The COUNTY reserves the right to require CONTRACTOR to additional information on these requirements.please contact the submit to an audit by any auditor of the COUNTY's choosing. Florida Secretary of State's Office, Division of Corporations. CONTRACTOR shall provide access to all of its records which 800.755 5111 0n11 flwww►dos M4101-14 relate directly or indirectly to this Agreement at its place of business during regular business hours: CONTRACTOR shall 3.33 PRIME CONTRACTOR retain all records pertaining to this Agreement and upon request The vendor awarded the contract shall act as the prime contractor make them available to the COUNTY for three(3)years following and shall asinine full responsibility for sdelessful performance of expiration of the Agreement CONTRACTOR agrees to provide the contract. The vendor shall be considered the sole point of such assistance as may be necessary to facilitate the review or contact with regard to meeting all requirements of the contract All audit by the COUNTY to ensure compliance with applicable subcontractors will be subject to advance review by die County in accounting and financial standards. Additionally.CONTRACTOR regards to competency and security concerns. After the award of agrees to include the requimneuts of this provision in all contracts the contract no change us subcontractors will be made without the with subcontractors and material suppliers in connection with the consent of the County. The vendor shall be responsible for all 'iortcperformed hereunder If an audit inspection or examination insurance,pawns. licenses.and related matters for any and all pursuant to this section discloses overpncing or overcharges of any subcontractors. Even if the subcontractor is sett mstred, the nature by the CONTRACTOR to the COUNTY in excess of one County may require the contractor to provide any insurance percent(1%)of the total contract billings, in addition to making certificates requited by the work to be performed, adjustments for the overcharges,die reasonable actual cost of the COUNTY's audit shall be reimbursed to the COUNTY by the 3.34 FORCE MIiAJEURE CONTRACTOR Any adjustments and/or payments which must The parties will exercise every seasonable cart to meet their be made as a result of any such audit or inspection of the respective obligations hereunder.but shall not be liable for delays CONTRACTOR's invoices and/or records shall be made within 0 resulting from force tngjere or other causes beyond their reasonable amount of time,but in no event shall the time exceed reasonable control,includaig,but not limited to,compliance with ninety (90) days, from presentation of the COUNTY's audit revisions to Government law or teguhuion,acts of nature,acts or innings to the CONTRACTOR. omissions of the other party,fires.strikes,national disgsters,wars. 3.30 PUBLIC RECORDS/COPYRIGHTS Hots,transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties Any such cause may All electronic files,audio and/or video recordings,and all papas be cause for appropriate extension of the performance period. pertaining to airy activity performed by the vendor for or on behalf of the County shall be the property of the County and will be 3-15 NO CLALM FOR DAMAGES turned over to the County upon request. In accordance with No claim for damages or any claim other than for an extension of Chapter 119,Flonda Statuues,each file and all papers pertaining to time shall be made or asserted against the County because of any any activities performed for or on behalf of the County are public delays. No interruption.interference.inefficiency.suspension,or records available for inspection by any person even if the file or delay in the comunencement or progress of the Work shall relieve paper resider m the vendor's office or facility.The vendor shall the vendor of duty to perform.or give rise to any right to damages maintain the files mid papers for not less than three(3)complete or additional compensation from the County, The vendor's sole calendar years after die projett has been completed or terminated. remedy shall be the right to seek an extension to the contract time. or in accordance with any grant requirements.whichever is longer. However,this provision shall not preclude recovery of damages by Prior to the close out of the Contract,the vendor shall appoint a the vendor for hindrances or delays due Solely(o fraud,bad faith, records custodian to handle any records request and provide the or active interference on the part of the County custodian's name and telephone number(i)to the County. Any copyright derived from this Agreement shall belong to the 3,36 TRUTH IN NEGOTIATION CERTIFICATE author.The author and the CONSULTANT shall expressly assign For all agreements exceeding $150,000, die fine awarded the to the COUNTY nonexclusive,royalty fie rights to use any and agreement may be required to execute a both in negotiation all information provided by the CONSULTANT in any deliverable certificate stating that the wage rates and other factual unit costs and/or report for the COUNTY's use which may include are accurate,complete and current,at the time of contracting. publishing in COUNTY documents and distribution as the COUNTY deems to be in the COUNTY's best interests If 3,37 GRANT FUNDING anything included in any deliverable limits the rights of the In the event any pert of the contrail is to be funded by federal, COUNTY to use the information. the deliverable shall be state,to other local agency monies,the Vendor hereby agrees to considered defective and not acceptable and the CONSULTANT comply with all requirements of the finding entity applicable to will not be eligible for any compensation. the use of the monies.inehulmg full application of requirements 3.31 COVE Wv4�iG LAWS and the use of minority firms,women's business enterprises, and labor surplus area fines. Vendors are advised that payments The interpretation,effect,and validity of any contracts)resulting under the contract may be withheld pending completion and from this solicitation shall be governed by the laws and regulations submission of all required forms and documents required of the of the State of Florida,and Lake County.Florida, Venue of any vendor pursuant to the grant funding requirements. 22 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 13-0440 ITB TITLE: TRAFFIC STRIPING AND MARKING NOTES: • When purchasing on a direct basis, Lake County is exempt from all taxes(Federal, State, Local). A Tax Exemption Certificate will be furnished upon request for such purchases. However,the vendor will be responsible for payment of taxes on all materials purchased by the vendor for incorporation into the project(see provision 3.8 for further detail). • The vendor shall nut alter or amend any of the information(including.but nut 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 are advised to review the "Estimated Quantities"clause contained in Section 3 of this solicitation. • Any bid containing a modifying or "escalator" clause not specifically allowed for wader 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 http://www.lakecounty11.eov and register as a potential vendor. Vendors that have registered on-line receive an e-mail notice when the County issues a solicitation snatching the conuuodity codes selected by a vendor during the registration process. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS:Complete Pant I or Part It,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: Pa • i : No Addendum was received in connection with this ITB. 23 SECTION 4—PRICING!CERTIFICATIONS/SIGNATURES ITB Number. 13-0440 General Vendor Information and Bid"'afore: Finn Name: r?744 �j AA/ r��' ,�Street Address: ( /j /4Ay tip la�' '[l/ // 5 0// Mailing Address(if different): Telephone No.: S /D/G Fax No.: 44 £'/áE-mail: � 216/7) FEIN No. � ti - /19. 24575 Prompt Payment Terms: % days, net 3U Signature: Date: ei/1 Print Name: /�'//..v %N,�i,�t U Title: A/i/d�ps)� 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 order will be generated by the County to support the contract. Vendor awarded as: ❑ Sole vendor ❑ Pre-qualified pool vendor based on price ❑ Pre-qualified pool vendor(spot bid) ❑ Primary vendor for items: ❑Secondary vendor for items: ❑Other status: Signature of authorized County official: Date: Printed name: Title: 28 EXHIBIT B SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 13-0440 PRICING SECTION Item# Description Unit Estimated Unit Extended Quantity Price Price 1 6"Yellow Stripe Method 1 Linear 125,000 .5/ AA 756 o0 Feet 2 6"White Stripe Method 1 Linear 125,000 5Jr- G 8 750.00 Feet 3 6"Yellow Stripe Method 2 Linear 100,000 /0 /D,000 sap Feet 4 6"White Stripe Method 2 Linear 100,000 Feet ./0 /D, DOD.to 5 6"Yellow Stripe Method 3 Linear 1 Feet 07.60 a.6,0 6 6"White Stripe Method 3 Linear 1 Feet 42.00 a'62O 7 8"White Stripe Method 1 Linear 1 Feet /•00 /'O0 8 8"White Stripe Method 2 Linear 1 Feet ,62.04 'P..0 9 8"White Stripe Method 3 Linear l Feet 3.45 3. 45 10 12"White Stripe Method 1 Linear 1 Feet /•8o 1.130 11 12"White Stripe Method 2 Linear 1 Feet ,.5-0 ' 12 12"White Stripe Method 3 Linear 1 Feet '5''Z'0 5'2.0 13 18"White Stripe Method 1 Linear 1 Feet 3.60 3.00 14 18"White Stripe Method 2 Linear 1 75 Feet .75 . 15 18"White Stripe Method 3 Linear 1 Feet 7.80 7. 80 16 24"White Stripe Method 1 Linear 1 Feet 5.00 5.00 17 24"White Stripe Method 2 Linear 1 Feet a. 75 d.75 18 24"White Stripe Method 3 Linear 1 Feet 8.30 8.30 19 18"Yellow Stripe Method 1 Linear 1 Feet 3.bB 3. o0 24 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES TTB Number: 13-0440 20 18"Yellow Stripe Method 2 Linear 1 75 75 Feet 21 18"Yellow Stripe Method 3 Linear 1 Feet 780 280 22 6"Blue Stripe Method 1 Linear 1 Feet 3.00 3.00 23 6"Blue Stripe Method 2 Linear 1 Feet /.00 /.00 24 6"Blue Stripe Method 3 Linear 1 Feet 1 00 3.00 25 Special Emphasis Cross Walk 12"x 6" 1 Wide Method 1 Ea. /0.00 /0. 00 section 26 Special Emphasis Cross Walk 12"x 6" 1 Wide Method 2 Ea. 500 .5-.00 section 27 Special Emphasis Cross Walk 12"x 6" 1 Wide Method 3 Ea. 7500 75°00 section 28 Special Emphasis Cross Walk 12"x 1 10"Wide Method 1 Ea. /5.00 /5 00 section 29 Special Emphasis Cross Walk 12"x 1 10"Wide Method 2 Ea. /0. 00 /o.oO section _ 30 Special Emphasis Cross Walk 12"x 1 10"Wide Method 3 Ea. /00.00 /O.00 section 31 "No Parking or Standing Fire Zone"— 1 18"High Method 1 Ea. 0;00 ifs.00 Letter 32 "No Parking or Standing Fire Zone"— 1 18"High Method 2 Ea. Letter 33 "No Parking or Standing Fire Zone"— 1 18"High Method 3 Ea 5-0. 00 501•00 Letter 34 Symbol—Single Arrow Method 1 ea 1 60.00 6O. 00 35 Symbol—Single Arrow Method 2 ea 1 /5.pp /5. 00 36 Symbol—Single Arrow Method 3 ea 1 5.57 00 55. 00 37 Symbol—Combination Arrow Method ea 1 _ So. op b0. 00 25 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 13-0440 1 38 Symbol—Combination Arrow Method ea 1 2 025.00 x25.00 39 Symbol—Combination Arrow Method ea 1 3 /00.00 /4 D. 00 40 Symbol—Handicap Method 1 ea 1 aS.D0 fir.•00 41 Symbol—Handicap Method 2 ea 1 S.00 3:00 42 Symbol—Handicap Method 3 ea 1 . Q0 ../-0. 00 43 Message—"Railroad Crossing" ea 1 Method 1 /3S.Oo 135.00 44 Message—"Railroad Crossing" ea 1 Method 2 90 QO SIO.OD 46 Message—"Railroad Crossing" ea 1 Method 3 /SO.00 /LSD.00 46 Message—"School"Method 1 ea 1 S.DO /!/5.00 47 Message—"School"Method 2 ea 1 /0.00 /0. OD 48 Message—"School"Method 3 ea 1 xf0•to /,. 00 49 Message—"Only"Method 1 ea 1 65.00 G5.co 50 Message—"Only"Method 2 ea 1 020.00 P.0 51 Message—"Only"Method 3 ea 1 /OD•CO /OD. 00 52 Message—"Merge"Method 1 ea 1 410,00 60, p0 53 Message—"Merge"Method 2 ea 1 V0. DD O. 00 54 Message—"Merge"Method 3 ea 1 /OD.OD 100.00 55 Message—"Stop"Method 1 ea 1 40,00 ho. DD 56 Message—"Stop"Method 2 ea 1 ,35,00 ar,DD 57 Message—"Stop"Method 3 ea 1 AV,OD /00. 00 58 Lay-Out for Stripes Linear 25,000 Feet , D/ 0.56. 00 59 Lay-Out for Symbol ea 1 /5;CD /,5;00 60 Lay-Out for Message ea 1 36.00 3b. oo 61 Clearing Dirt/Grass from Edgeline Linear 25,000 p 450.00 Feet 62 Remove Existing Marking Grinding Linear 5,000 Feet •50 A50.00 63 Remove Existing Marking Water Blast Linear 1 Feet 5:oo `700 64 Temporary Tape Markings Linear 1 Feet • 75 .7S 65 Remove Raised Pavement Markers ea 4,000 ,AS / 000.00 26 SECTION 4-PRICING/CERTIFICATIONS/SIGNATURES ITB Number 13-0440 66 Furnish&Install Raised Pavement ea 5,000 d.$.0 sqp.oe Markers ■ 67 Rumble Strips Thermoplastic Per FDOT Index 518. 4"Thickness,4" Per Set 1 Min Width.Price without adjustment /0.00 /0. DO due to pavement width. EXTENDED TOTAL $ X73 3/9. �S 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 n 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 understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contract(s)and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If Lake County awarded you the proposed contract, would you sell under the same terms and conditions,for the same price,to other govenunental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall b responsible for its own purchases and shall be liable only for materials or services ordered and received by it. ff Yes ❑ No(Check one) Certification Regarding Felony Conviction Has any officer, director. or an executive perfomr ng equivalent duties, of the bidding entity been convicted of a felony during the past ten(10)years? ❑Yes Ur No(Check one) Reciprocal Vendor Preference: Vendors are advised the County has established,under Lake County Code,Chapter 2,Article VII,Sections 2-221 and 2-222;a process under which a local vendor preference program applied by another county may be applied in a reciprocal manner within Lake County.The following information is nee led to supportjpplication of the Code: 1.Primary business location of the responding vendor(city/state): R#.forz 1-/ 2. Does the responding vendor maintain a si ficant physical location in Laker County at which employees are located and business is regularly transacted: Di Yes a-No If'yes" is checked,provide supporting detail: Conflict of Interest Disclosure Certification Except as listed below,no employee,officer,or agent of the firm has any conflicts of interest,real or apparent,due to ownership, other clients, contracts, or interests associated with this project; and, this bid is made without prior understanding,agreement,or connection with any corporation, firm,or person submitting a proposal for the same services,and is in all respects fair grid without collusion or fraud. 1.40 rJ DUNS Number(Insert if this action involves a federal funded project): 27