Loading...
HomeMy WebLinkAboutItem #08 Piggyback of Seminole Co. Term Contract IFB-3110-05/GMG-A/B e center of GOOd Lit- . ~~i6 AGENDA ITEM COVER SHEET Meeting Date: December 18, 2007 Item # <g Contact Name: Contact Number: David A. Wheeler, P.E. 407-905-3100, ext. 1505 Reviewed By: ~ J~ Department Director: ~.~ _ City Manager: _ _ _ Subject: Piggyback of Seminole County Term Contract IFB-311 0-05/GMG-A1B for Construction of Traffic Signal at Maguire Road and Moore/Roberson Road Intersection Background Summary: Prior to the improvements to Maguire Road, a strain pole type traffic signal was installed at the intersection of Maguire Road and Moore/Roberson Road. This traffic signal was warranted because of traffic movements and the growth in and around the area. The strain poles that support the signals and wires were placed so that they would not interfere with the Maguire Road improvements as they were planned and constructed in 2000/2001. The locations were established based upon the design and construction and setback as far as possible based upon available and/or secured right-of-way. Since that time the Plantation Grove Phase III commercial property on the northeast corner, Westridge/Meadow Ridge residential and commercial property on the southeast corner, and Belmere residential and commercial property on the southwest corner has moved through the planning, design, and/or construction phases with one of the properties being fully developed. Because of these developments and the additional traffic they will generate the intersection needs to be improved. The Plantation Grove development dedicated ROWand contributed funds toward the Maguire Road projects, which included the widening of Maguire and Moore Road and intersection improvements that included the old and new traffic signals. The Meadow Ridge developments dedicated ROWand are building turn lanes on Maguire Road and Moore Road. The Belmere development is dedicating ROWand proposing to improve the Roberson Road side of the intersection as part of their project. The City secured additional ROW from the Grimes Office Park on the northwest corner of the intersection when they developed back in the 1990s. All of these developments have paid their share of Road Impact fees as required by the City code. The City employed PEC, Inc. to design the new traffic signal and to use a mast arm design similar to the other signals on Maguire Road and in accordance with the City standards. The new signal poles will be spread apart to allow for road widening and turn lanes as are being currently constructed and needed in the future. The City proposes to "piggyback" on the long term contract (IFB-3110-05/GMG-A/B) between Seminole County and Chinchor Electric, Inc. The City has contacted Chinchor Electric, Inc. and received a quote for the new traffic signal. The Seminole County Contract was executed in May of 2005 and runs for a minimum of three years. Chinchor has been the low quote contractor for the last few traffic signal projects. Their quote of $138,468.25, with a projected completion date of seven months from the issuance of the purchase order. The quoted cost for the traffic signal is approximately $30,000 below the engineer's estimate and the projected timeframe is a few months less than earlier expected. Issue: Authorization for use of the Seminole County Term Contract IFB-311 0-05/GMG-A/B with Chinchor Electric, Inc. for the construction of the new traffic signalization at the intersection of Maguire Road and Moore/Roberson Roads. Recommendations Staff recommends that the City Commission authorize the use of the Seminole County Term Contract IFB- 3110-05/GMG-A1B with Chinchor Electric, Inc. to "piggyback" for traffic signalization. Staff also recommends that the City Commission accept the proposal from Chinchor Electric, Inc. in the amount of $138,468.25 for the new traffic signal at the intersection of Maguire Road and Moore/Roberson Roads and authorize staff to issue a purchase order for the project. Attachments: 1) Seminole County Term Contract IFB-311 0-05GMG with Chinchor Electric, Inc. 2) Proposal from Chinchor Electric, Inc. for Maguire and Moore/Roberson Road Traffic Signalization Financial Impact: This project is part two of the CIP project which will improve the intersection of Maguire and Moore/Roberson Roads and is funded from the Road Impact Account. Type of Item: (please mark with an "x'J Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's DeDt Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 2 BY CERTJfiEOCOPY MARY~NEMOR~E CLERK 'OF Cl~CUIT ~PURT . S INO COFlO~II}A.:",,' .e, . - ..... . . .TE~. CONTRACT FOR 'l'RAJ'FIC SIGNALS AND RELATED CONSTRUCTION ANCES AND SYSTEM COMMICATIONS PRODUCTS (IFB-3110-05/GMG) .!:' THIS' AGREEMENT is made and entered into this .-" , 20 OJ, by and between CHINCBOR ELECTRIC, INC., duly day of to conduct business in the State of Florida, whose mailing address is P.O. Box 4311, Enteprise, Florida 32725-4311, hereinafter called the "CONTRACTOR" and SEKINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Build- ing, 1101 East First Street, Sanford, Florida 32771, hereinafter called the "COUNTY II . WIT N B SSE T R: WHEREAS, the COUNTY desires to retain the services of a competent and qualified contractor to provide traffic signals and related construction appurtenances and system commuinications products for Seminole County; and WHEREAS, the COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, the CONTRACTOR is competent and qualified to provide traffic signals and related construction appurtenances and system comrnuinications products to the COUNTY and desires to provide services according to the terms and conditions stated herein, NOW, ~REFORE, in consideration of the mutual understandings and covenants set forth herein, the COUNTY and the CONTRACTOR agree as follows: SECTION 1. SERVJ:CES. The COUNTY does hereby retain the CONTRACTOR to furnish services/materials as further described in the Scope of Services attached hereto as Exhibit UAn and made a part hereof. Required services/materials shall be specifically enumerated, described and depicted in the Purchase Orders authorizing performance of the specific task. This Agreement standing alone does not authorize the 1 I . I performance of any work or require the COUNTY to place any orders for work. SECTION 2. TERM. This Agreement shall take effect on the date of its execution by the COUNTY and shall run for a period of three (3) years and, at the sole option of COUNTY, may be renewed for two (2) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement shall have no effect upon Purchase Orders issued pursuant to this Agreement and prior to the expiration date. Obliga - tions entered therein by both parties shall remain in effect until delivery and acceptance of the services/materials authorized by the Purchase Order. The first three (3) months of the initial terms shall be considered probationary; during that peribd the COUNTY may terminate this Agreement at any time, with or without cause, irrunediately upon written notice to the CONTRACTOR. SECTION 3. AOTBOlUZA'l'ION FOR SERVJ:CES. Authorization for per- formance of services by the CONTRACTOR under this Agreement shall be in the form of written Purchase Orders issued and executed by the COUNTY and signed by the CONTRACTOR. A sample Purchase Order is attached hereto as Exhibit nB". Each Purchase Order shall describe the services and/or materials required and shall state the dates for commencement and completion of work and establish the amount and method of payment. The Purchase Orders will be issued under and shall incorporate the terms of thi s Agreement. The COUNTY makes no covenant or promise as to the number of available 'PUrchase Orders, .nor -that, the CONTRACTOR_will perform any Purchase Order for the COUNTY during the life of this Agreement. The COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by the COUNTY to be in the best interest of the COUNTY to do so. The COUNTY Representative will give ~th contractors the opportunity ~ T , , perform all available work. Orders will be placed based on cost and delivery of services. SECTION 4. TIME FOR COMPLETION. The services to be rendered by the CONTRACTOR shall be commenced, as specified in such Purchase Orders as may be issued hereunder, and shall be completed wi thin the time specified therein. SECTION s. . COMPENSATION. The COUNTY agrees to compensate the CONTRACTOR for the professional services called for under this Agreement on a "Fixed Fee" basis. When a Purchase Order is issued for a "Fixed Fee Basis," then the applicable Purchase Order Fixed Fee amount shall include any and all reimbursable expenses. The total annual compensa- tion paid to the CONTRACTOR pursuant to this Agreement, including reummrsable expenses, shall not exceed the annual amount budgeted by the COUNTY for purchase of traffic signals and related construction appurtenances and system communications products. SECTION 6. PA'YHER'l' AND BILLING. (a) The CONTRACTOR shall perform all work and supply all materi- als required by the Purchase Order but, in no event, shall the CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Purchase Order. (b) For Purchase Orders issued on a "Fixed Fee Basis," the CONTRACTOR may invoice the amount due based on the percentage of total Purchase Order services actually performed and completed; but, in no event, _shall the invoice _amount -exceed a percenta,ge of the Fixed- Fee amount equal to a percentage of the total services actually completed. (c) Payments shall be made by the COUNTY to the CONTRACTOR when requested as work progresses for services furnished, but not more than once monthly. Each Purchase Order shall be invoiced separately. 3 month, y CONTRACTOR shall render to COUNTY, at the close of each calendar I . I an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the CONTRACTOR, Purchase Order Number, Contract Number. and all other information required by this Agreement. The original invoice shall be sent to: Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A duplicate copy of the invoice shall be sent to: Seminole County Traffic Engineering Division 140 Bush Loop Sanford, Florida 32773 (d) Payment shall be made after review and approval by COUNTY within thirty (30) days of receipt of a proper invoice from the CONTRACTOR. SECTI:ON 7. GENERAL TERMS OF PAnIEN'l' AND BI:LLDiG. (a) Upon satisfactory completion of work required hereunder and, upon acceptance of the work by the COUNTY, the CONTRACTOR may invoice the COUNTY for the full amount of compensation provided for under the terms of this Agreement herein less any amount already paid by the COUNTY. The COUNTY shall pay the CONTRACTOR within thirty (30) days of receipt of proper invoice. (b) The COUNTY may perform or have performed an audit of the records of the CONTRACTOR after final payment to support final payment hereunder. ThisaudLt would be perLormed at a time mutually agreeable -to the CONTRACTOR and the COUNTY subsequent to the close of the final fiscal period in which the last work is performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in subsection (b) of this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. 4 as provided ~ Conduct of this audit shall not delay final payment subsection (a) of this Section. (c) The CONTRACTOR agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at the CONTRACTOR I s office at all reasonable times during the Agreement period and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment, but within the period provided in paragraph (c) of this Section reveals any overpayment by the COUNTY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the COUNTY within thirty (30) days of notice by the COUNTY. SBCT:ION 8 . RESPONS:IB:IL:IT:IES OF THE COMTRACroR. Nei ther the COUNTY'S review, approval or acceptance of, nor payment for, any of the services or materials required shall be construed to operate as a waiver of any rights under this Agreement nor of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and always remain liable to the COUNTY in accordance with applicable law for any and all damages to the COUNTY caused by the CONTRACTOR's negligent or wrongful performance of any of the services furnished under this Agreement. 'SEerrO:tr-9.. .TEBMDIATJ:ON; (a) The COUNTY may, by written notice to the CONTRACTOR terminate this Agreement or any Purchase Order issued hereunder, in whole or in part, at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, the CONTRACTOR shall immediately discontinue 5 all j} . , , services affected unless the notice directs otherwise, and deliver to the COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by the CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the COUNTY, the CONTRACTOR shall be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of the CONTRACTOR to fulfill its Agreement obligations, the COUNTY may take over the work and prosecute the same to completion by other Agreements or otherwise. In such case, the CONTRACTOR shall be liable to the COUNTY for all reason- able additional costs occasioned to the COUNTY thereby. The CONTRACTOR shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of the CONTRACTOR; provided, however, that the CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of the COUNTY in either it's sovereign or contractual capacity, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any fault or negligence of the CONTRACTOR. (d) If, aLter notice of t.ermina t ion for failure to fulfill its Agreement obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. ~ 6 (e) The rights and remedies of the COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. SEC'l'ION 10. AGREEMEN'1' AND PURCHASE ORDER IN CONFLIC'l'. Whenever the terms of this Agreement conflict with any Purchase Order issued pursuant to it, the Agreement shall prevail. SEC'l':ION 11. EQUAL OPPORTtINI'l'Y EMPWYMI!:N'I'. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disabil- ity, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including appren- ticeship. SEC'l'ION 12. NO commGEN'l' FEES. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicitor secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, -percentage, gift, or o.ther consideration contingent 'upon--or resulting from award or making of this Agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ff 7 , . I SECTION 13. CONFLICT OF INTEREST. (a) The CONTRACTOR agrees that it will not contract for or accept employment for the performance of any work or service with any individ- ual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the COUNTY. (b) The CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that CONTRACTOR causes or in any way promotes or encourages a COUNTY officer, employee, or agent to violate Chapter 112, Florida Statutes, the COUNTY shall have the right to terminate this Agreemen t . SECTION 14. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. SECTION 15. SUBCONTRACTORS . In the event that the CONTRACTOR, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, the CONTRACTOR must --first secure _the_ :prior~5s written -approval. o.f_- the .COUNTY. If subcontractors or other professional associates are required in connec- tion with the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. 8 SECTXON 16. XNDEMNXFXCATXON OF COUNTY. The CONTRACTOR agrees to hold harmless, indemnify the COUNTY, its commissioners, officers, em- ployees, and agents against any and all claims, losses, damages or lawsuits for damages, arising from, allegedly arising from or related to the provision of services hereunder by the CONTRACTOR. SECTXON 17. XNSURANCE. (a) GENERAL. The CONTRACTOR shall at the CONTRACTOR's own cost, procure the insurance required under this Section. (1) Prior to commencement of work pursuant to this Agree- ment, the CONTRACTOR shall furnish the COUNTY with a Certificate of Insurance signed by an authorized representative of the insurer evidenc- ing the insurance required by this Section (Workers' Compensa- tion/Employer's Liability, Commercial General Liability, and Business Auto) . The COUNTY, its officials, off icers, and employees shall be named additional insured under the Commercial General Liability policy. The Certificate of Insurance shall provide that the COUNTY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the COUNTY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expira- tion or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate .shall containHa _statement that It is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. In lieu of the statement on the Certificate, the CONTRACTOR shall, at the option of the COUNTY submi t a sworn, notarized statement from an authorized insurer that the Certificate is being prOVided~ representative of the 9 \ , accordance with the Agreement and that the insurance is in full compli- ance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, if required by the COUNTy, the CONTRACTOR shall, within thirty (30) days after receipt of the request, provide the COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. (4) Neither approval by the COUNTY nor failure to disap- prove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR I s full responsibility for performance of any obligation including CONTRACTOR indemnification of COUNTY under this Agreement. (b) INSURANCE COMPANY REQUIREMENTS. Insurance companies provid- ing the insurance under this Agreement must meet the following require- ments: (1) Companies issuing policies other than Workers' Compen- sation must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of "An-or better .and:a-Financial Size- Category :o'f-- "VII" or better according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insur- ance company shall: 1) lose its Certificate of Authority, 2) no longer comply with Section 440.57, Florida Statutes, or 3) fail to maintain the 10 requisite Best I s Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, inunediately notify the COUNTY and inunediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to the COUNTY the CONTRACTOR shall be deemed to be in default of this Agreement. (c) SPECIFICATIONS. wi thout limi ting any of the other obliga- tions or liability of the CONTRACTOR, the CONTRACTOR shall, at the CONTRACTOR's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the conunencement of work by the CONTRACTOR and shall be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. (1) Workers' Compensation/Employer's Liability. (A) The CONTRACTOR's insurance shall cover the CONTRACTOR for liability which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. The CONTRACTOR will also be responsible for procuring proper p~oof .of coverage from its subcontract.ors of every tier for- liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both the CONTRACTOR and its subcontractors are outlined in subsection (c) below. In addition to coverage for the Florida Workers' Compensa- tion Act, where appropriate, coverage is to be included for the United~ 11 ---V States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other applicable federal or state law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the united States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation Policy_ (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $100,000.00 $100,000.00 $100,000.00 (Each Accident) (Disease-Policy Limit) (Disease-Each Employee) (2) Commercial General Liability_ (A) The CONTRACTOR's insurance shall cover the CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Conmercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows: LIMITS General Aggregate $Three (3) Times the Each Occurrence Limit Personal & Advertising Injury Limit $300,000.00 Each Occurrence Limit $300,000.00 12 (3) Business Auto policy. (A) The CONTRACTOR I S insurance shall cover the CONTRACTOR for those sources of liability which would be covered by Part IV of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements. Coverage shall include owned, non-owned and hired autos. (B) The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, the CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be main- tained by the CONTRACTOR shall be a minimum of three (3) times the per accident limit required and shall apply separately to each policy year or part thereof. (C) The minimum amount of coverage under the Business Auto Policy shall be: LIMITS Each Occurrence Bodily Injury and Property Damage Liability Combined $300,000.00 (d) COVERAGE. The insurance provided by CONTRACTOR pursuant to "this Agre-ement -shall apply on a primary basis and any other i-nsuranc-eor self-insurance maintained by the COUNTY or the COUNTY'S officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of the CONTRACTOR. (e) OCCURRENCE BASIS. The Workers I Compensation Policy and the 13 Commercial General Liability required by this Agreement shall provided on an occurrence rather than a claims-made basis. (f) OBLIGATIONS. Compl iance wi th the foregoing insurance requirements shall not relieve the CONTRACTOR, its employees or agents of liability from any obligation under a Section or any other portions of this Agreement. It shall also be the responsibility of the CONTRACTOR to ensure that all of its subcontractors performing services under this Agreement are in compliance with the insurance requirements of this Agreement as defined above. SECTION 18. ALTERNATIVE DISPUTE RESOLU'J.'I:ON. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY protest procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY procedures for proper invoice and payment disputes are set forth in Section 55.1, 11 Prompt Payment Proce- dures," Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in the COUNTY protest procedures set forth in subsection (a) above of which the CONTRACTOR had knowledge and failed to present during the COUNTY protest procedures. (c) In the event that COUNTY protest procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary media.ti.on-. Mediator selection and the procedw::es- -to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 14 SECTION 19. REPRESEN'rATIVES 01' '!'BE COUNTY AND '!'BE CON':rRAC'l'OR. (a) It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. The COUNTY, upon request by the CONTRACTOR, shall designate in writing and shall advise the CONTRACTOR in writing of one (1) or more of its employees to whom all communications pertaining to the day-to-day conduct of this Agree- ment shall be addressed. The designated representative shall have the authority to transmit instructions, receive information and interpret and define the COUNTY'S policy and decisions pertinent to the work covered by this Agreement. (b) The CONTRACTOR shall, at all times during the normal work week, designate or appoint one or more representatives of the CONTRACTOR who are authorized to act in behalf of and bind the CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the COUNTY continually and effectively advised of such designation. SECTION 20. ALL PRIOR AGREEMEN'l'S SUPERSEDED. This document inco~orates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be-p:z:edicated upon any prior representations or agreements, whether. oral or written. SECTION 21. MODIFICATIONS, AMENDHEN'l'S OR ALTERATIONS. No modifi- cation, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15 ~ SECTION 22. INDEPENDENT CONTRAC'1'OR. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting the CONTRACTOR (including its officers, employees, and agents) the agent, representative, or employee of the COUNTY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. SECTION 23. EMPLOYEE S'l'A'rUS. Persons employed by the CONTRACTOR in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment com- pensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNI'Y. SECTION 24. SERVJ:CES NO'1' PRov:rDED FOR. No claim for services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the COUNI'Y. SEC'l'ION 25. PUBLJ:C RECORDS LAW. CONTRACTOR acknowledges COUNTY 'S obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under -this Agreement.and that"Esa-id s.tatnte controls over -the t-erms of this Agreement. SECTION 26. COMPL:IANCE W:ITH LAWS AND :REGULATIONS. In providing all services pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those no51 16 effect and hereafter adopted. Any violation of said statutes, ordi- nances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to the CONTRACTOR. SECT:ION 27. NO'l'ICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, with return receipt request- ed, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to-wit: FOR COUNTY: Traffic Engineering Division 140 Bush Loop Sanford, Florida 32773 FOR CON'l'RACTOR: Chinchor EI~ctric, Inc. P.O. Box 4311 Enterprise, Florida 32725-4311 SECTION 28. R:IGB'I'S AT LAW RETAmED. The rights and remedies of the COUNTY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. LN W:ITNESS WHEREOF, the parties hereto ha1~ made and executed this I ~gre.ement on the -date belowwri tten for execut J. . --the COUNTY-:. (CORPORATE SEAL) INC. ATTEST: ~-I;vl2~ Secretary President Date: 17 WITNESSES: *~c0fU~fUJ r:i1V?- ~~ Date: For the use and reliance of Seminole County only. As authorized by Section 330.3, Seminole County'Administrative Code. Co and Approved legal s AC/lpk 4/21/05 ifb-3110-Chinchor Attachments: Exhibit "AP- Scope of Services and Price Schedule Exhibit "BP- Sample Purchase Order 18 / 12/12/2007 12:02 3867747223 CHINCHOR ELECTRIC PAGE 02/02 CHINCHOR ELECTRIC INC. · Industria,l · Commeroial , · Signalization December 11, 2007 City of Ocoee PUblic Works Department 301 Maguire Road Qcoee, Florida 34761, Attn: David Wheeler , RE: Maguire @ MoorelRoberson Dear David, In reference to your letter dated December 10, 2007, Chinchor Electric agrees to install the new traffic sigrial at the inters,ection of Maguire and 'MoorelRobinson for the 'established unit prices listed inSeminote contract # IFB-3110-05/GMG. Please forward yoUr purchase order as. receipt of this letter so we may begin our schedwmg. We appreciate youtconsider8tion and look forward tO,working with YOU,' If you have any further question, please do not hesitate to can. I can be reached at (904)509- 0015. ' smcerelYj2f/ //, JrffSott( /'// . . .~...- . Jeff Solti~; , DireeM't Traffic State License EC0002457 P.O. Box 4311 . Enterprise, FL 32725-4311 . (386) 774~ 1020 . Fax (386)774-7223 MAGUIRE RD & MOORE RD. 12/4/2007 Contract Pay Item Description Unit Price Amount 102-1 MAINTENANCE OF TRAFFIC EA $ 2,117.25 $ 2,117.25 630-1-12 CONDUIT, UNDERGROUND LF $ 4.78 $ 1,912.00 630-1-13 CONDUIT, UNDER PAVEMENT LF $ 13.34 $ 8,004.00 632-7-1 SIGNAL CABLE PI $ 2,999.54 $ 2,999.54 635-1-11 PULL & JUNCTION BOX, GROUND MOUNTED EA $ 210.33 $ 1,472.31 639-1-22 ELECTRICAL POWER SERVICE, UNDERGROUND AS $ 1,029.75 $ 1,029.75 639-2-1 ELECTRICAL SERVICE WIRE LF $ 1.46 $ 292.00 647-B GEOTECHNICAL TESTING FOR FOUNDATION PI $ 1,913.43 $ 1,913.43 647-C PRE-EXCAVATION (PER STRUCTURE) EA $ 269.57 $ 1,078.28 647-F FOUNDATION INSPECTION PI $ 1,769.98 $ 1,769.98 648-11-50NF MAST ARM STEEL SINGLE ARM (NON-FLUTED) EA $ 8,270.52 $ 8,270.52 648-11-55NF MAST ARM STEEL SINGLE ARM (NON-FLUTED) EA $ 8,495.00 $ 16,990.00 648-11-70NF MAST ARM STEEL SINGLE ARM (NON-FLUTED) EA $ 10,956.79 $ 10,956.79 648-1 B 48" CONC FOUND FOR MAST ARMS, PF LF $ 324.10 $ 20,742.40 648-1 E MAST ARM EXTENSION FOR 32' UPRIGHT (NON-FLUTED) EA $ 1,786.62 $ 7,146.48 650-1-111A SIGNAL LENS ONLY - 12" RED LED BALL EA $ 96.23 $ 769.84 650-1-111C SIGNAL LENS ONLY - 12" YELLOW LED BALL EA $ 111.72 $ 893.76 650-1-111 E SIGNAL LENS ONLY - 12" GREEN LED BALL EA $ 162.96 $ 1,303.68 650-1-1111 SIGNAL LENS ONLY - 12" YELLOW LED ARROW EA $ 104.73 $ 418.92 650-1-111 K SIGNAL LENS ONLY - 12" GREEN LED ARROW EA $ 114.05 $ 456.20 650-1-111 S SIGNAL LENS ONLY - COUNTDOWN PEDESTRIAN LED EA $ 437.46 $ 3,499.68 650-1-131 SIGNAL HEAD 12" STD 3 SEC 1 WAY EA $ 452.21 $ 1,808.84 650-9-151 SIGNAL HEAD 12" STD 5S 1W EA $ 746.86 $ 2,987.44 653-112 SIGNAL PED INC INT SYM 2W EA $ 742.75 $ 2,971.00 659-1 08 STEEL PEDESTAL EA $ 958.25 $ 3,833.00 659-1 09 CONCRETE PEDESTAL TYPE II EA $ 570.29 $ 570.29 663-74-99A RELOCATE VIDIO DETECTION CAMERA EA $ 3,920.40 $ 3,920.40 663-74-99B RELOCATE OPTICOM DETECTOR EA $ 2,562.00 $ 2,562.00 665-11 PEDESTRIAN DETECTOR AS $ 138.09 $ 1,104.72 670-5-410 MODIFY EXISTING TRAFFIC CONTROLLER AS $ 448.80 $ 448.80 690-1 0 SIGNAL HEAD TRAFFIC ASSEMBLY REMOVE EA $ 22.46 $ 179.68 690-1 00 SIGNAL EQUIPMENT MISC, REMOVE EA $ 112.32 $ 112.32 690-20 SIGNAL PEDESTRIAN ASSEMBLY REMOVE EA $ 22.46 $ 179.68 690-30 POLE REMOVE EA $ 1,355.41 $ 5,421.64 690-70 DETECTOR PEDESTRIAN ASSEMBLY REMOVE EA $ 22.46 $ 179.68 690-80 SPAN WIRE ASSEMBLY REMOVE EA $ 539.14 $ 539.14 690-90 CONDUIT AND CABLING REMOVE PI $ 224.64 $ 224.64 699-1-99 RELOCATE INTERNALLY ILLUMINATED SIGN AS $ 1,258.40 $ 5,033.60 700-89-1 A HANGING ARM ASSEMBLY AS $ 977.37 $ 3,909.48 711-11-125 SOLID TRAFFIC STRIPE THERMO (24" WHITE) LF $ 11.66 $ 559.68 711-17 REMOVE TRAFFIC STRIPE SF $ 17.94 $ 1,291.68 MOT 5% OF TOTAL LS $ 6,593.73 $ 6,593.73 TOTAL 1 $ 138,468.251 NOTE 1: THE ITEMS LISTED ABOVE AND THE REFERENCED NOTES ARE THE ONLY ITEMS INCLUDED FOR BIDDING PURPOSES. ALL OTHER ITEMS ARE OUTSIDE THE SCOPE OF THIS BID NOTE 2: CHINCHOR ELECTRIC, INC. IS NOT RESPONSIBLE FOR ANY PERMIT WITH THE EXCEPTION OF ELECTRICAL PERMIT NOTE 3: MAST ARM POLES REFERENCED ON THIS BID ARE QUOTED FROM THE SEMINOLE CO. PUSHBUTTON CONTRACT.