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Item #04 Approval to Utilize Fausnight Stripe & Line, Inc. 1 ocoee florid a AGENDA ITEM COVER SHEET Meeting Date: April 7, 2015 Item # 4- Reviewed By: Contact Name: Stephen C. Krug Department Director: ,/% Contact Number: 6002 City Manager: Subject:Approval to Utilize Fausnight Stripe & Line, Inc. for Road Striping. Commission Districts 1: Grogan, 2: Wilsen, and 3: Johnson. Background Summary: The Streets Division Capital Outlay budget for Fiscal Year 2014/2015 includes road striping for roads that will not require resurfacing in the near future and the existing striping has faded significantly. The City has researched pricing and found Fausnight Stripe & Line, Inc., provides the lowest pricing available through the Seminole County Contract IFB-601738-13/GMG, Term Contract for Roadway Markings and Striping. The roads to be striped are; Maguire Road from the southern City limit north to Franklin, Ingram Road, Blackwood Ave from Old winter Garden Rd. to Montgomery Ave. and stop bars in Admirals Point. Fausnight Stripe & Line, Inc., has satisfactorily performed striping work for the City on previous projects. Public Works recommends awarding a purchase order to Fausnight Stripe & Line, Inc. in the amount of $134,666.97 for the striping based on pricing from the Seminole County Contract IFB-601738-13/GMG, Term Contract for Roadway Markings and Striping. Issue: Authorization is needed to issue a purchase order to provide road striping for roads that will not require resurfacing in the near future and the existing striping has faded significantly. Recommendations: Recommend approval to award a purchase order for the striping of Maguire Rd., Ingram Rd., Blackwood Ave., and miscellaneous stop bars in Admiral's Point to Fausnight Stripe & Line, Inc., of Longwood, Florida, in the amount of $134,666.97, and authorize the City Manager to approve additional work to this purchase order up to the limit of his purchasing authority up to the budgeted $150,000.00 amount for any unforeseen changes that may be discovered due to field conditions. Attachments: Fausnight Stripe & Line, Inc., Proposal. Seminole County Contract IFB-601738-13/GMG with Fausnight Stripe & Line, Inc. Financial Impact: The cost of the striping is adequately funded in the Streets Division Capital Outlay budget. Type of Item: (please mark with an x') Public Hearing For Cleric's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. ` N/A Review ed by ( ) N/A 2 Fausnight PROPOSAL Page 1 of 2 STRIPE&LINE INC. PHONE FAX DATE 910 Charles Street Longwood, FL 32750 _ 03/24/15 (407)261-5446* Fax(407) 261-5449 PROPOSAL# 15-0247 JOB NAME/LOCATION TO City of Ocoee City of Ocoee Thermoplastic Striping of Various Streets Piggyback Seminole County Contract Attention: Steve Krug IFB-601738-13/GMG Term Contract for Roadway Markings, Striping, Etc. We hereby submit specifications and estimates for: Item Description Quantity U/M Unit Price Amount Admiral Point Subdivision 711-11-125 Thermoplastic Standard White Solid 24" 100 LF $ 3.20 $ 320.00 Subtotal $ 320.00 Maguire Rd (Franklin to Colonial) 711-11-121 Thermoplastic Standard White Solid 6" 19,600 LF $ 0.59 $ 11,564.00 711-11-122 Thermoplastic Standard White Solid 8" 875 LF $ 0.85 $ 743.75 711-11-123 Thermoplastic Standard White Solid 12" 470 LF $ 1.60 $ 752.00 711-11-124 Thermoplastic Standard White Solid 18" 280 LF $ 2.00 $ 560.00 711-11-125 Thermoplastic Standard White Solid 24" 240 LF $ 3.20 $ 768.00 711-11-221 Thermoplastic Standard Yellow Solid 6" 19,400 LF $ 0.59 $ 11,446.00 711-11-224 Thermoplastic Standard Yellow Solid 18" 1,050 LF $ 2.00 $ 2,100.00 711-11-170 Thermoplastic Standard White Arrow 47 EA $ 38.00 $ 1,786.00 711-11-160A Thermoplastic Message, Railroad Crossing 2 EA $ 110.00 $ 220.00 711-11-160C Thermoplastic Message, ONLY 6 EA $ 110.00 $ 660.00 711-11-160D Thermoplastic Message, MERGE 2 EA $ 80.00 $ 160.00 711-17 Remove Existing Pavement Markings 1,350 SF $ 1.50 $ 2,025.00 706-3 Retro-Reflective Pavement Markers 885 EA $ 2.58 $ 2,283.30 Subtotal $ 35,068.05 Maguire Rd (Colonial to City Limit) 711-11-121 Thermoplastic Standard White Solid 6" 35,000 LF $ 0.59 $ 20,650.00 711-11-122 Thermoplastic Standard White Solid 8" 380 LF $ 0.85 $ 323.00 711-11-123 Thermoplastic Standard White Solid 12" 1,860 LF $ 1.60 $ 2,976.00 711-11-124 Thermoplastic Standard White Solid 18" 60 LF $ 2.00 $ 120.00 711-11-125 Thermoplastic Standard White Solid 24" 450 LF $ 3.20 $ 1,440.00 711-11-221 Thermoplastic Standard Yellow Solid 6" 25,950 LF $ 0.59 $ 15,310.50 711-11-224 Thermoplastic Standard Yellow Solid 18" 1,750 LF $ 2.00 $ 3,500.00 711-11-170 Thermoplastic Standard White Arrow 110 EA $ 38.00 $ 4,180.00 711-11-160C Thermoplastic Message, ONLY 4 EA $ 110.00 $ 440.00 711-11-160D Thermoplastic Message, MERGE 2 EA $ 80.00 $ 160.00 711-17 Remove Existing Pavement Markings 8,500 SF $ 1.50 $ 12,750.00 706-3 Retro-Reflective Pavement Markers 1,650 EA $ 2.58 $ 4,257.00 Subtotal $ 66,106.50 File:15-0247 Ocoee-Striping 2015 xis Fausnight PROPOSAL Page 2 of 2 STRIPE&LINE INC. PHONE FAX DATE 910 Charles Street Longwood, FL 32750 03/24/15 (407)261-5446 * Fax(407) 261-5449 PROPOSAL# 15-0247 JOB NAME/LOCATION TO City of Ocoee City of Ocoee Thermoplastic Striping of Various Streets Piggyback Seminole County Contract Attention: Steve Krug IFB-601738-13/GMG Term Contract for Roadway Markings, Striping, Etc. We hereby submit specifications and estimates for: Item Description Quantity U/M Unit Price Amount Ingram Road 711-11-121 Thermoplastic Standard White Solid 6" 12,465 LF $ 0.59 $ 7,354.35 711-11-123 Thermoplastic Standard White Solid 12" 240 LF $ 1.60 $ 384.00 711-11-125 Thermoplastic Standard White Solid 24" 46 LF $ 3.20 $ 147.20 711-11-221 Thermoplastic Standard Yellow Solid 6" 13,785 LF $ 0.59 $ 8,133.15 711-11-224 Thermoplastic Standard Yellow Solid 18" 443 LF $ 2.00 $ 886.00 711-11-170 Thermoplastic Standard White Arrow 9 EA $ 38.00 $ 342.00 706-3 Retro-Reflective Pavement Markers 415 EA $ 2.58 $ 1,070.70 Subtotal $ 18,317.40 Blackwood Ave(Montgomery to Old Winter Garden Rd) 711-11-121 Thermoplastic Standard White Solid 6" 7,050 LF $ 0.59 $ 4,159.50 711-11-122 Thermoplastic Standard White Solid 8" 700 LF $ 0.85 $ 595.00 711-11-123 Thermoplastic Standard White Solid 12" 1,600 LF $ 1.60 $ 2,560.00 711-11-124 Thermoplastic Standard White Solid 18" 200 LF $ 2.00 $ 400.00 711-11-125 Thermoplastic Standard White Solid 24" 185 LF $ 3.20 $ 592.00 711-11-221 Thermoplastic Standard Yellow Solid 6" 4,600 LF $ 0.59 $ 2,714.00 711-11-224 Thermoplastic Standard Yellow Solid 18" 315 LF $ 2.00 $ 630.00 711-11-170 Thermoplastic Standard White Arrow 46 EA $ 38.00 $ 1,748.00 711-11-160C Thermoplastic Message, ONLY 4 EA $ 110.00 $ 440.00 706-3 Retro-Reflective Pavement Markers 394 EA $ 2.58 $ 1,016.52 Subtotal $ 14,855.02 Note: The prices, terms and conditions are per Seminole County Contract IFB-601738-13/GMG Term Contract for Roadway Markings, Striping and Brick Texturing We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of: One Hundred Thirty Four Thousand Six Hundred Sixty Six and 97/100 dollars $ 134,666.97 Payment to be made as follows: Net 30 Days Pending Credit Approval Visa/MC Accepted All material is guaranteed to be as specified. All work to be completed in a workmanlike manner accord- ing to standard practices. Any alteration or deviation from above specifications involving extra costs Authorized will be executed only upon written orders,and will become an extra charge over and above the estimate. Signature All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tor- Note: This proposal may be withdrawn nado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. by us if not accepted within 30 days. Acceptance of Proposal The above prices,specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Signature File:15-0247 Ocoee-Striping 2015.xis FIRST AMENDMENT TO TERM CONTRACT FOR ROADWAY MARKINGS, STRIPING AND BRICK TEXTURE SURFACING (IFB-601738-13/GMG) THIS FIRST AMENDMENT is made and entered into this Sri" day of �-- , 20 and is to that certain Agreement made and entered into on the 13th day of August, 2013, between FAUSNIGHT STRIPE AND LINE, INC., whose address is 910 Charles Street, Longwood, Florida 32750, hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY,a political subdivision of the State of Florida,whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771,hereinafter refezzcd to as "COUNTY" WITNESSETH: WHEREAS,CONTRACTOR and COUNTY entered into the above referenced Agreement on August 13,2013 for provide roadway marking,striping and brick texture surfacing;and WHEREAS, the parties desire to amend the Agreement so as to enable both parties to continue to enjoy the mutual benefits the Agreement provides;and WHEREAS, Section 21 of the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties, NOW, THEREFORE, in consideration of the mutual understandings and agreements contained herein,the parties agree to amend the Agreement as follows: 1. Exhibit A of the Agreement is deleted and replaced by the new Exhibit A attached hereto. 2. Except as herein modified,all terms and conditions of the Agreement shall remain in full force and effect for the term of the Agreement, as originally set forth in said Agreement. CERTIFIED COPY First Amendment toIFB-601738-13/GMG MARYANNE MORSE Page 1 aft CLERK Of CIRCUIT COURT SEMINOLE NTY, FLORIDA BY .49e DEPUTY CLERK IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed. ATTEST: FAUSNIGHT STRIPE AND LINE,INC. ihen.A...v itA... ../4.....c.0,L, By ��ZY'//71z. �� ��eesz71c.. ,Secret/4- ec ret y PHILLIP J.FAUSNIGHT,President (CORPORATE SEAL) Date: 10/vZ//2 o 1$ SEMINOLE COUNTY,,,FLORIDA lJ Wi ess BETSY C•,ri it`, ement Administrator Lt d t MGLrrO7os Print Name Date: fd J� `'tness IP G(eke./i /1 +2e.r.t Print Name / I i /. County '' , ' 'r AEC.Ipk 10/23/13 P:1Users\Lega1 Secretary CSB\Pwthasing 20131AgteementA1FB-601738 1am.doc Attachment: Exhibit A—Scope of Services First Amendment to IF$-601738-13/GMG Page 2 of 2 7 Part I General Scope -Supplier pm olt-delive abor. lam' ,eeerdinatien and-incidentals necessary to perform services end/or furnish products as specified in the IFS documents. Contractor noo, i r.Cornrotfanre and Soec#tl e 1. The Contractor and any Subcontractor's shalt be FDOT certified. Certification shall remain in effect during the term of the contract 2. Contractor shall be responsible for supervising, directing, and sufficiently performing all work competently and efficiently,iently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the event in accordance with the contract documents,including all applicable standards end specifications. 3. Contractor shall be solely responsible for all means, methods, techniques, scheduing, sequences, and procedures of construction, for providing adequate safety precautions, for coordinating all portions of the work under the contract documents, Traffic Control, and for enforcement of order and cooperation among contractor's employees and eU wieta tr atom end suppliers. 4. Contractor shall be responsible to eee that the finished work compels accurately with the contract documents and specifications. 5. AU materials and serviess provided through this contract shall conform and adhere to the latest edition of the Seminole County and Florida Department of Transportation Standards; including the Seminole County Land Development Code, Seminole County Traffic Ordinance, FDOT Roadway and Traffic Design Standards and Standard Specifications for Roadway and Bridge Construction. In addition, this contract shall conform to A.A.S.H.T.O. design standards and the Manual on Uniform Truffle Control Devices (MUTCD). AU materials used shall be FDOT approved and I or on the FDOT Approved Products List(API)or FDOT Qualified Products list(QPL), unless otherwise approved by Seminole County. 8. in resolving=Wets, errors or discrepancies,the contract documents shall be construed as one; what is required by one document shall be construed as being required by all contract documents. If an issue of priority is due to a confilct or discrepancy between express provisions of the contract documents and any referenced specifications, manuals,or codes of any technical society,organization or association, the provisions of the contract documents will take precedence if they are more stringent cr presumptively cause a higher level or performance. if there is any conflict or discrepancy between standard specifications, manuals, or codes of any technical society, organization or association, or between laws or regulations, the provision with the higher cost requirement shall be binding on contractor, unless otherwise directed by the County. in accordance with the intent of the contract documents, contractor recognizes and accepts IFB-80173843fGMO-Teen Contract fa-Rcatchvey Marldngs.Salping St Brick Texture&wTrdng 3 that compliance with the priority order specified shall not justify increase In contract price. 7. Contractor shall acquire a Right of Way permit from the Seminole County Engineering Division prior to performing any work within County Right of Way. 8. Permitted lane closures require prior approval by the Seminole County Traffic Engineer or designee. effainaliablE °isue and 16 (710-11- 21 and 710-11-331) Black paint may be used for contrast markings per FOOT index 17346.These items Milt be paid per liner foot of black paint instated. 28-38(711-11-180A through 711-11-180)shall be paid on a par message or symbol basis. 37 — 56 (711-12-121 through 711-12-180) shall follow the FDOT Standard Specification for :toad and Bridge Construction, section 711.4.22 Rallatbishing Existing Traffic Striping and Markings. 47—55(711-12-160A thrmigh 711-12-180)shall be paid on a per miasma or symbol basis. 8O (711-17) Contractor shall exercise extreme caution while performing and sawn not damage the underlying riding surface. (527-I)shag meet an FDOT(Alm►manufacturer and lnstallation requirements. Use brie: red Detectable Warning Systems Mets or equivalent - 2(702-11-111 though 702-12-211)shelf be paid per linear root of markings installed. - ' (999-A through 909-D)la out Striping, Message,and Symbol and Clearing Dirt f Grass from Edgeline shall be used per the County's Discretion. Typical layout end clearing shall be included in other pay Items per FOOT standards. 1F8.601738-13IGMMG-Term Contract for Roadway Markings,Sniping it Brick Texture re Surfacing Amendment#1 Part, Aden Soldiolltid per Addarakon 1911491,254110043.TERM CONTRACTOR=IMMO wow*RTRIPM,a MVO nom swrounto (Name of III Feuenlght Stripe and Line,Inc. make mita= 910 Charles St Sim!Vie,0{fir St CZ Lori,FL 3275010 Rum mobs: t 261-15446 447 28/l-E4N8 Address hit nl .cam to and In Davila/no WV/ tho IF8 Dannitonto. the undaretinst Mar egress to toovida and Width any an 62 of the Mori, =WA VAIS talgar 2clidlsnenti ilekbalda 2nd apote r.ESIVRIEs nnoasesty i amp e8 of Ito Wort rsqaliod!h car orb the di In ate aonlonotly Ind VOCIVIBIti for ft amount harshofter The undorolanad,en WAWA,49 g Mat the only pima or pates Intorealad b tIto Lid as Ataxia aro two rated hank that ttde bid to mato WIindt o Iu bn lx220n.ern or aerpornfoir Rat PIO PVP22nuend AMA if the did 1e 2222021.that hoAdto mamas an roonont WIN tip COMM fin sot folIVI In the i Downenhc th2t Walla lode/the imam Cottflooloo. Moto shal Inchatvin at eV direct and hi*act ohs tm ii but nad Itat/led I . mobolab, Mar,equIpmend,d ui,oaf end Wed.*rummy for On pew of fits work vactilad In Old dS Iffhat le Ow nth of d ? Ira . /M *no rafter p+lassmare al t order? 2 daYs Hamm o r who fir delivery,Wm*;4000 frontier does not moot minimum.*Avow*mos,Only: 150.00 Dan tip Cody=opt payment through Crel Cord?! o,lamer chock or EFT e rrov eo -to►n+ ror ,yropoor, &WA reOPO:. ;'4W0444411 115-3017311.13/3651 Pits Romper Aokkaukasitt -Tam far Thitkies,Wilke and Elishmettro Mistacft tamp .. . 7�iG�0.1t �Csr�Caen! anew t I'� l Fib 20 ,., & 130,00 2,600.00 FR 5 AS 276.00 1,650.00 3 7130-29-94 _ artfile -30 SF) FR 2 AS 385.00 6 730.00 4 70015 '.,Iitirtata gat(31 ) FR 8 fib x V $ 400.00 000.00 p* ,In ttdb put WI 30 Aa $ 220.00 $ 0,000.00 n sada r- 10 n �: , AS 15.00 5 160,00 U7��-1'1� t 10 l 50.00 500.00 r for�'Ttda dar) PA 3 M $ A 020 30 (iiir f1-cM �' . �Yeay� .. � �.iL7i �Y 4TLLV.V�! .`.Y.. Flt 31 1 3 3Q $ 5,700.00 10 V 8.15 c.: Clastraton SRI Panda No _ 11 3 740-43-16 .,. Cansriutun PIS Dls Rot FR 2 En 4 115.00 a, 2,300.00 814341342 Ear 23,150.03 cmparxg*sum FausnIght Wipe end Una,Inc. Mtn Fenn per !!R Vinuff4 Lice Gem2 CM 12 71842+421 OM=cam SErip.Ggrthe Pelt 017 Man) iS 7i+�-12,�'i �Id7ta�o;�AQu�a � � � 0.18 � 98�dQ'0.�0 80,0112 1 15 rya;: , ,�� 25000 1 . 7s 7t0-i2•�'t ►�i' 8 ' � 0.12 $ 1�Q.� �P 1? ?184 d Trek Ste, Hine) Fll 1 $ 2130 0.00 0.00 '•--*�-- S u t o T c C o l g a n if 38,550.E item. weir Paz holism t t ei Ttia f fit},� .. ,White) xi 10 711-1t'1, i Thy�° 0.69 23,800.00 too moo 4 860.00 20 716011-422 Tract Rem Titsfamnamepr mu%) 11131 wan.....�. $ 7.5Q $ 2a00.00 T4-4i-a4 Ti ,Thamgh � �ld4�) S� $ 2,00 121 two= 22 1141 422 Sari Tra4200121pa,Tharmq la(24"# 't) LF Z 3.20 g 8,000.00 2a 711-14421 szecrizakolltdpn,The CI -------� 22,222 111:11 * 0.59 4 17,7t20.Ofl 711-114m . •,,,,Tra.' i'fi)(Ir rn LE $ 2.00 1,800.00 Com7 y�nric F anEt tt p and Lim Inc. Price Fenn w Addendum 02 flassilogia 1101811 Quatelly unitb UM goat Total Cast t I•* • 25 711-11-170 1 ', Mite Ott 2120 EA $ 38.00 71800,Q0 711-11•dc1 '.Manna 8ymbal,t-Iadano ---- 711-11-150 Thermo Manna,Aces.4 t 6i fatten • FA 3 60.00 $ 150.00 3DQ,Or 28 300.00 31 1-160A Mamma,T s �- --� 5 1E11 3 110.00 i i Iii-11-t 86Q.OQ 10 EA $ 12040 $ 1 Vi Tii-fi4��(: Thump Memo,°CWL�#° .._..,. .200.00 Pil 31 71141-1830 7 '�rnoi 10 EA 110.00 1.100,00 6 EA a 0D.0o ii 37 7►11-11-4 Thom Mama, Ft ' 400.00 Ha as 771-11-1� Them,"AEA,°t�QQ~ � $ 38� s 7i�.00 CI 711-114503 1 ry.�,�' PR iii $ 25.00 FA - 2 14Q.Q4 $ 200.00 SS 711-1 t-i1lQH Ileennn%eta. _ _... Pit 10 1:11 S 145.00 $ 1,450\00 Et* Ii1=11-1 ea ,3lslapcnbr.a►Yt4d '11 10 11:11 4 8 ici .00 S 80.00 rYss . . - 1i�t i ..k Flt 100)5503 4 LF 4 88,400.00 7 i-i21� y . ' i0.75 4 i,125.t0 J ..:$• 10 711-12p122 '� '-w 't �. 1. 48,500.00 y ' 71t tit 11 3 rs'I t�ffi ` =1 0b1 1 :,.,, .y Ba 1.80, s 2,700.00 1 42 71142421 2 (� ., ♦y�'y .. 2/■/y��p0■000 ��J , 11� ..�, ■IM.�T K 1Jv�s r. }', 1�FIvvM\.dY 4+8 71'4 i re�ii�' 4h. (9p .,s 1l,�".Q 4"� QA$ 72.000.00 obiwita, F'11 IMO +F $ 2.00 $ 3,000.00 ny Mama FBStigttt Stripy Linn, inc. ' a ' s-") 4B33 4367 '' * 1 ra J 4 r 4 ' ;'-' p J , .4 0 f 2 ill 2 51 5. 1 1. i ie :i" , , ___k rr i x E to i i f 0 g 1 g o : F I ill -R I 1i! ! IUiiIi1jf1J # 1 1 r I ' II If t i 1 I i -,, A "A Z AI if EMI If i a R" 1St 0 a n is .-it 0 3 § 1 ! an 7 Wi . v a g EMI a Ai : . . "M 'M .: "atm ing iilligm 3 = 6s to am �+'►I r - - 8 S g 8It g 8 Petal Penns 1y Addecout 91 /-121SCELLsoc08 gm30DIST Pin . 87 823 Patancl Pawned(Pawned Theculiganc- 1 Pltrit CI 6274 ' ' ' Trading Co.cc mulatto* 1 " ?. 3 12.50 3 27•5°°-00 AI in d..1 than . .. , -i1 �.� - w„`-- 6 21.40 9 74000 0 CO 70z414.11 #� 1.,..". 24663 I.i+ ; 1.05 3 2,100.00 Flt 2,006 11311 g 1.0E $ 2,100.00 1,38 s 02 i+�•1'�f 4 S"$ai�t�t� �1� 2.780.00 FA 2.202 11:111:ne S 2,700.00 63 i 7224 04e) F0 10AXI BA 3 2.58 $ 33,540.00 81 7034-32 Mama)flefact3wa Pavcannt , s a #,8 t:k al e f::1 r. .:t' ;„.r,._. _ 0.05 $ 400.0t ��"� luyoutfrlO � VW A 3 3.90 5 3,000.00 751 Me Layout fzegallzi , 0.04 3 000.00 PA 33 EN $ 18.00 $ 3 MC LydittrlSw A o 840.00 3 13.D4 $ 750.00 os 0 . ., , DWI is Itcc7 Etette, 28.203 rif s h: T 0.05 8 i.Z50.001 i.., 10 8 10500 ; 1 71 � �.- ,0l�0.00 72 04311.31 RuntiAs 314633. �..._._..__... .. 1=0 5 0.30 8, 300.00 � 0.05 5.174.. vi: 421600 EX min- Y. i.. =' .. I"" ate, $ g Ir eub-Tera Camay IV 158410.00 euvanyminrez F1tmegtIt&ace cni Una,inc. G Cost 60133643f G meat#� takai ?rice Wrns per Arnend un�k Get �'nt�k`! 4100 00•10162.00 NS0t)S- cont)l Description V -MiSGE't'R �trec olio GROUP F�fl�pay! pavement Wtat�:�n9 i RemQVabie ape 6 and Amer inc. ° 1:10°011..°.114°° 001: *0 ° 00 s ••• :°•.°1___.„104 •••„1„,•_ 0. ....it. , i'r•NPR -:.•0:01 ....:•,..• •I •.,..;;;Ss.t. v. seo••••°1611.1111..., Name-. paUSnieh t5ttipe GompanY Nam Fausnight PROPOSAL Page 1 of 1 STRIPE&LINE INC. PHONE FAX DATE . 910 Charles Street 09/17/13 Longwood, FL 32750 PROPOSAL# 13-0353 (407)261-5446*Fax(407)261-5449 JOB NAME/LOCATION TO Seminole County Engineering Term Contract for Roadway Markings,Striping and Brick texture Surfacing IFB-601738-13/GMG Attention: Harry Raysin We hereby submit specifications and estimates for: Item Description Quantity UIM Unit Price Amount Painted Pavement Marking,Other $ 1.25 Per SF Removable Tape 6" $ 2.00 Per LF We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of: dollars Payment to be made as follows: Net 30 Days Pending Credit Approval Visa/MC Accepted All material is guaranteed to be as specified.All work to be completed in a workmanlike manner accord- ing to standard practices. Any alteration or deviation from above specifications involving extra costs Authorized will be executed only upon written orders,and will become an extra charge over and above the estimate. Signature Al agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tor- Note:This proposal may be withdrawn nado and other necessary Insurance. Our workers are fully covered by Workman's Compensation Insurance. by us if not accepted within 30 days. Acceptance of Proposal The above prices,specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment wit be made as outlined above. Date of Acceptance Signature File:13-0353 Seminole County Pavement Markings 2013.xls SUBINT BIDS TO: AT( FOR BID Seminole County 1301 E.Second Street And Sanford,Florida 32771 Bidder Acknowledgment Attn: PURCHASING&CONTRACTS(POD) Contact Maria M.Garde,CPPB Senior Proaunrrnunt Analyst IFB-301738-13101110 407485-7123-407 -Phone Term Contract for Roadway Markings, ggardagjaandnoieccuritAgov Striping&Brick Texture Surfacing Bid Duo Jung Ili 2013 Dag: :OD P (ern Standard Time) J 41 : Purchasing&Cow Division,POD Confluence Room 9301 E.Second Street,Sanford,FL 32771 Proposer Name: Federal Employer ID Number. Fausnight Strips and Line, Inc. 69-2558096 Mang Address: If retraining as a"No Submittal',state reason 910 Charles St (p l9O.1 u m 4nIy�A�k , ,Zip Longwood,FL 32750 Type of Entity(Circle corm) rpot4 The undersigned Bidder honey Partnership Proprietorship Joint Venture acknowledges receipt of Addenda Incorporated in the Stale of: FL Humber* 1 through 2 List of Principals: Phillip J. Fausnight ,# f >4 Timothy S.Fausnight Authorized Signature(Manual) Date Email Address: PhOliafausfglihtcom Typed Hanna Phillip J. Fausnight Telephone Number. 407-201-4558 ; President Fax Number: 407-261-5449 Dow 6/12i2 gig T, B C�a, ' mod , t r - wr The Bidder Is expected to completely analyze the Irnfor nation contained In this Invitation for Bid OFR)as guidance for the preparation of their written submktaL The Bidder's written bid should be specific„ detailed, and complete in order to clearly and fully demonstrate the Bidder's understanding of the requested work arullor delivery requirements. IFB-801738-1310M0-Tenn Contutct for Smarmy Markings,Striping&Brick Texan Surfacing 4370B CERTIFIED COPY MARYANNE MORSE CLERK OF CIRCUIT COURT SEMI,ISIOLE COUNTY, FLORIDA BY DEPUTY CLERK TERM CONTRACT FOR ROADWAY MARKINGS,STRIPING AND BRICK TEXTURE SURFACING (IFB-601738-13/GMG) THIS AGREEMENT is made and entered into this/0 day of 4it'4' 20 /& , by and between FAUSNIGHT STRIPE AND LINE, INC., duly authorized to conduct business in the State of Florida, whose address is 910 Charles Street, Longwood, Florida 32750, • hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY,a political subdivision of the State of Florida,whose address is Seminole County Services Building, 1101 East First Street, Sanford,Florida 32771,hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide roadway marking, striping and brick texture surfacing to Seminole County; and WHEREAS,COUNTY has requested and received expressions of interest for the retention of services of contractors;and WHEREAS,CONTRACTOR is competent and qualified to provide required services and desires to provide said services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein,COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY does hereby retain CONTRACTOR to furnish services as further described in the Scope of Services attached hereto as Exhibit A and made a part hereof. CONTRACTOR shall also be bound by all requirements as contained in the solicitation package and all addenda thereto at the locations as described in Exhibit B, attached hereto and made a part hereof. Required services shall be specifically enumerated, described,and depicted in the Release Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13/GMG) Page 'of 18 Orders authorizing specific services. This Agreement standing alone does not authorize services or require COUNTY to place any orders for work. Section 2. Term. This Agreement shall take effect on the date of its execution by COUNTY and shall run for a period of three (3) years. At the sole option of COUNTY, this Agreement 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 Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered therein by both parties shsll remain in effect until delivery and acceptance of the services authorized by the Release Order. The first three(3)months of the initial term shall be considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Services. Authorization for provision of services by CONTRACTOR under this Agreement shall be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached hereto as Exhibit C. Each Release Order shall describe the services required and shall state the dates for performance of services and establish the amount and method of payment The Release Orders will be issued under and shall incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Term.Contract for Roadway Markings,Striping and Brick Texture Surfacing (IH3-601738-13/GMG) Page 2 of 18 Section 4. Time for Completion. The services to be provided by CONTRACTOR shall be performed, as specified in such Release Orders as may be issued hereunder, within the time specified therein. Section S. Compensation. COUNTY agrees to compensate CONTRACTOR for the professional services provided for under this Agreement on a "Fixed Fee" basis. When a Release Order is issued for a Fixed Fee basis, then the applicable Release Order Fixed Fee amount shall include any and all reimbursable expenses. Section 6. Payment and Billing. (a) CONTRACTOR shall supply all services required by the Release Order,but in no event shall CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order services actually provided; but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) Payments shall be made by COUNTY to CONTRACTOR when requested as services are furnished but not more than once monthly. Each Release Order shall be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice,properly dated, describing any services provided,the cost of the services therein, the name and address of CONTRACTOR,Release Order Number,Contract Number,and any other information required by this Agreement The original invoice and one(1)copy shall be sent to: Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13IGMG) Page 3 of 18 Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford,Florida 32772 Two(2)copies 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 CONTRACTOR Section 7. General Terms of Payment and Billing. (a) Upon satisfactory performance of services required hereunder and upon acceptance of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by COUNTY. COUNTY shall pay CONTRACTOR within thirty (30) days of receipt of proper invoice. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment hereunder. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to 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 CONTRACTOR. Conduct of this audit shall not delay final payment as provided by subsection(a)of this Section. (c) CONTRACTOR agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to services provided under this Agreement in such a manner Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-60173 8-13IGMG) Page 4 of 18 as will readily conform to the terms of this Agreement and to make such services available at CONTRACTOR'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 COUNTY under the terms of the Agreement,CONTRACTOR shall refund such overpayment to COUNTY within thirty (30)days of notice by COUNTY. Section 8. Responsibilities of CONTRACTOR. Neither COUNTY's review, approval, or acceptance of; nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. CONTRACTOR shall be and always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the services furnished under this Agreement. Section 9. Termination. (a) COUNTY may, by written notice to CONTRACTOR terminate this Agreement or any Release Order issued hereunder, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports,estimates, summaries,and any and all such other information and services of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IF&601738-13/GMG) Page 5 of 18 (b) If the termination is for the convenience of COUNTY, CONTRACTOR shall be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its Agreement obligations, COUNTY may take over the work and prosecute the same to completion by other Agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR; provided, however, that 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 COUNTY in its sovereign or contractual capacity,fires,floods,epidemics,quarantine restrictions,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 CONTRACTOR. (d) If after notice of termination for failure to fulfill its Agreement obligations it is determined that CONTRACTOR had not so failed,the termination shall be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price shall be made as provided in subsection(b)of this Section, (e) The rights and remedies of 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. Section 10. Agreement and Release Order in Conflict. Whenever the terms of this Agreement conflict with any Release Order issued pursuant to it,this Agreement shall prevail. Section 11. Equal Opportunity Employment. CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13/GMG) Page 6 of 18 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, disability, 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 pay or other forms of compensation; and selection for training, including apprenticeship. Section 12. No Contingent Fees_ CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or 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 CONTRACTOR, any fee, commission, percentage,gift,or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, 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. Section 13. Conflict of Interest. (a) CONTRACTOR agrees that it will not contract for or accept employment for the performance of any work or service with any individual,business,corporation,or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY. (b) 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. Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (NB-601738-I3/GMG) Page 7 of 18 (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, COUNTY shall have the right to terminate this Agreement 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 CONTRACTOR, during the course of the work under this Agreement,requires the services of subcontractors or other professional associates in connection with services covered by this Agreement,CONTRACTOR must first secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement,CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. Section 16. Indemnification of COUNTY. CONTRACTOR agrees to hold harmless and indemnify COUNTY and its commissioners, officers, employees, 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 CONTRACTOR. Section 17. Insurance. (a) General. CONTRACTOR shall, at its own cost, procure insurance required under this Section. (1) CONTRACTOR shall furnish COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer, evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/EmpIoyer's Liability, Commercial General Liability, and Business Auto). COUNTY, its officials, officers, Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13/GMG) Page 8 of 18 and employees shall be named additional insured under the Commercial General Liability policy. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance shall provide that COUNTY shall be given,by policy endorsement,not less than thirty(30)days written notice prior to the cancellation or non-renewal or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with this Agreement and that the insurance is in full compliance with the Insurance requirements of this Agreement. The Certificate shall have this Agreement number clearly marked on its face. (3) In addition to providing the Certificate of Insurance, on a current ACORD Form,upon request as required by COUNTY,CONTRACTOR shall,within thirty(30)days after receipt of the request, provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. Certified copies of policies may only be provided by the Insurer,not the agent/broker. (4) Neither approval by COUNTY, nor failure to disapprove the insurance furnished by CONTRACTOR, shall relieve CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR's indemnification of COUNTY under this Agreement. Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (WEI-601 73 8-I 3/GMG) Page 9 of 18 (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies (other than Workers' Compensation) 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. (2) In addition, such companies shall have and maintain, at a minimum, a Best's Rating of"A-" and a minimum Financial Size Category of"VII" 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 insurance company shall: (i) lose its Certificate of Authority, or (ii) fail to maintain the requisite Best's Rating and Financial Size Category, CONTRACTOR shall, as soon as CONTRACTOR has knowledge of any such circumstance, immediately notify COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR shall be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall, at its 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 this Agreement,the insurance shall become effective upon execution of this Agreement by CONTRACTOR and shall be maintained in force until the expiration of this Agreement's term and/or the expiration of all Work Orders issued under this Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13/GMG) Page 10of18 Agreement, whichever comes first. Failure by CONTRACTOR to maintain insurance coverage within the stated period and in compliance with insurance requirements of COUNTY shall constitute a material breach of this Agreement, for which this Agreement may be immediately terminated by COUNTY. The amounts and types of insurance shall conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR's insurance shall cover 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. CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors 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 CONTRACTOR and its subcontractors are outlined in subsection(C)below.In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' 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: Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13/GMG) Page 11 of 18 $500,000.00 (Each Accident) $500,000.00 (Disease-Policy Limit) $500,000.00 (Disease-Each Employee) (2) Commercial General Liability. (A) CONTRACTOR's insurance shall cover CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial 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 CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess Policy)shall be as follows: General Aggregate Two(2)Times the Each Occurrence Limit Personal&Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall early Professional Insurance Liability insurance with limits of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (4) Business Auto Policy. (A) CONTRACTOR's insurance shall cover 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 or any autos. Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13/GMG) Page 12 of 18 (B) The minimum limits to be maintained by 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, 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 maintained by 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: Each Occurrence Bodily $1,000,000.00 Injury and Property Damage Liability Combined (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary and non-contributory basis, and any other insurance or self- insurance maintained by COUNTY or COUNTY's officials, officers, or employees shall be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation policy and the Commercial General Liability and the Umbrella policy required by this Agreement shall be provided on an occurrence rather than a claims-made basis_ The Professional Liability insurance policy may be on an occurrence basis or claims-made basis. If a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requirements shall not relieve CONTRACTOR, its employees, or its agents of liability from any obligation under a Section or any other portion of this Agreement. Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-13/GMG) Page 13 of 18 Section 18. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Procedures," arising under this Agreement within the dispute resolution procedures set forth in Section 33540, "Contract Claims," Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary services that were not presented for consideration in COUNTY dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution 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 mediation. Mediator selection and the procedures 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. Section 19. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. COUNTY,upon request by CONTRACTOR,will designate and advise CONTRACTOR in writing of one or more of its employees to whom all communications pertaining to the day-to-day conduct of this Agreement shall be addressed. The designated Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (TFB-601738-13/GMG) Page 14 of 18 representative shall have the authority to transmit instructions, receive information, and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) CONTRACTOR shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep COUNTY continually and effectively advised of such designation. Section 20. All Prior Agreements Superseded. This document incorporates 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 predicated upon any prior representations or agreements,whether oral or written. Section 21. Modifications,Amendments,or Alterations. No modification, 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. Section 22. Independent Contractor. 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 CONTRACTOR(including its officers,employees, and agents) as an agent, representative, or employee of COUNTY for any purpose, or in any manner, whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. Section 23. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601735-13/GMG) Page 15 of 18 compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Section 24. Services Not Provided For. No claim for services furnished by CONTRACTOR not specifically provided for herein shall be honored by COUNTY. Section 25. Public Records Law.CONTRACTOR acknowledges COUNTY's obligations under Article 1, 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 services created under this Agreement and that said statute controls over the terms of this Agreement. Section 26. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services including those now in effect and hereafter adopted. Any violation of said statutes,ordinances,rules,or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 27. Patents and Royalties. Unless otherwise provided, CONTRACTOR shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or =patented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written Term Contract for Roadway Markings,Striping and Brick Texture Surfacing (IFB-601738-131GMG) Page 16 of 18 notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY any infringing products or services or procure a license at no cost to COUNTY which will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY agrees to return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 28. Notices. 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,return receipt requested, addressed to the party for whom it is intended at the place last specified. 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: Seminole County Traffic Engineering Division 140 Bush Loop Sanford,Florida 32773 For CONTRACTOR: Fausnight Stripe and Line,Inc. 910 Charles Street Longwood,Florida 32750 Section 29. Rights At Law Retained. The rights and remedies of COUNTY,provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement on the date below written for execution by COUNTY. Term Contract for Roadway Markings,Striping and Brick Texture Surfacing {IFB-601738-13/GMG) Page 17 of 18 ATTEST: FAUSNIGHT STRIPE AND LINE,INC. B Secretar+ PHILLIP J.TAUS GHT,President (CORPORATE SEAL) Date: 1-1 y.6I 2 013 SEMINO 1' COUNTY,FLORIDA 41041 �ri► fitness • , Y OOP•-• 417� , °g and Contracts Manag G ',,c - 6 t Name Date: • ' 31 t S�‘3 1 1 Wien 4 4. 7—c6Y c�^-C7�1�'C ()C�Pr Print Name / For the use and reliance As authorized for execution by th Board of Seminole County only. of Co ty Commissioners at its t/ 2.3 , 20 /),regular meeting. Approved as to form and 9 di A - /0 Iv—/4 legal suffici- . `�'� C o u n Frif,q,r ' I, AEC11pk 4/24113 r P:1Users L gal Secretary CSB\Pu thasiag 2013\Ageements\IFB-601738 Fausnightdoc Attachments: Exhibit A—Scope of Services Exhibit B—Sample Release Order Tenn Contract for Roadway Markings,Striping and Brick Texture Surfacing (ih'8-601738-13/GMG) Page 18 of 18 2 Exam Part I General Scope GuppHer t-prevfdooll-delivery,-labber,-transportation, and-incidentais necessary to perform services and/or furnish products as Specified in the IFS documents. 22m0122goggaldlity&comBgfigeoiBLABWEISfilbffE 1. The Contractor and any Subcontractor's shall be FDOT certified. Certification shall remain in effect during the term of the contra. 2. Contractor shall be responsible for supervising, directing, and sufficiently performing all work competently and efficientiy,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract docuuments,including all applicable standards and spaifications. 3, Contractor shall be solely responsible for all means, methods, techniques, scheduling, sequences, and procedures of construction, for providing adequate safety precautions, for coordinating all portions of the work under the contract documents, Traffic Control, and for enforcement of order and cooperation among contractor's employees and all subcontractors and 4. C ntrector shall be responsible to o that the finished work complies accurately with the contract documents and speaTications. 5. All materials and services provided through this contract shall conform and adhere to the latest edition of the Seminole County and Florida Department of Transportation Standards; including the Seminole County land Development Code, Seminole County Traffic Ordinance, FDOT Roadway and Traffic Design Standards and Standard Specifications ations for Roadway and Bridge Construction. In addlticn, this contract shall conform to AAS.H.T.O. design standards and the Manual on Uniform Traffic Control Devices (MUTCD). All materials used shall be FDOT approved and/or on the FDOT Approved Products List(APL)or FDOT Qualified Products list(GPO, unless otherwise approved by Seminole County. 8. in resolving=Acts,errors or discrepancies,the contract documents shall be construed as one; what is required by one document shall be construed as being required by all contract documents. If an issue of priority is due to a conflict or discrepancy between express provisions of the contract documents and any referenced spoons, manuals,or codes of any technical society,organization or association, the provisions of the contract documents mil take precedence if they are more stringent or presumptively cause a higher level or performance. If there Is any conflict or discrepancy between standard specifications, manuals, or codes of any technical society, organization or association, or between laws or regulations, the provision with the higher cost requirement shall be binding on contractor, unless otherwise directed by the County. In accordance with the Intent of the contract documents, contractor recognizes and accepts IFB.601738-13/0,21-Teen Contract for Roadway Merrdngs,Strrptng&Brick Texture Stirredng 3 that compliance with the priority order specified shall not justify Increase In contract price. 7. Contractor shalt acquire a Right of Way permit from the Seminole County Engineering Division prior to performing any work within County Right of Way. 8, Permitted lane closures require prior approval by the Seminole County Traffic Engineer or designee. EitrigiateigS is and 16 (118-11-321 and 710-11-331) Black paint may be used for contrast markings prs FOOT Index 17346.These items will be paid per liner foot of black paint installed. 28-38(711-11-160A through 711-11-180)shall be paid on a per message or symbol basis. 37 — 55 (711-12-121 through 711-12.180) shall follow the FOOT Standard Specification for Road and Bridge Construction, section 7114.22 Ralshtng Existing Traffic Striping and Markings. 47—5 (711-12-160A throlvti 711-12 130)shall be paid on a per mesmige or symbol basis. 58 (711-17) Contractor shall exercise extreme caution while performing and sivfi not damage the undsrlyrincf riding surface. 61 (527-1) shall meet all FOOT f ADA manufacturer end irrstalIatio n r uirements. Use brie red Detectable Warning Systems Mete or equivalent -82(702-11-111 though 702-12-211)shelf be paid per linear root of markings Installed. 36- (999-A through 909-D)lay-out Striping, Message,and Symbol and Clearing Dirt f Grass from Edgeline rhail be used per the County's Discretion. Typical layout and clearing shall be included in other pay items per FOOT standards. !FS-$04738-13IGMG-Term Contract for Roadway Markings,Striping t B►dk Texture Surfacing i SUMMIT ENDS TO: NYR' Ti to 00 FOR BID Seminole County And 1301 E.Second Street Bidder Acknowledgment Sanford,Florida 32771 9 Attn:PURCHASING&CONTRACTS(POD Contact Gloria M.Garcia,CPPB Samar Proauremant Analyst IFB-001738-1 31Ohti3 407485-7723-Mona 4m-8115.79511-Fax Term Contract for Roadway Markin, ggercleasaralnolacounlytgav SblpIng&Brick Texture Surfacing I !1'tW Jung ft,2013 Mem: 2:00 PM (Eastern Standard'lima) ilifitagLeMillifiao : Purchrsing 6 Contracts Division,POD Conference Room 1301 E.Second Street,Sanford,FL 82771 'sr .4�. Proposer Name; Federal Employer ID Number. Fausnight Stripe and Line, Inc. 59-2555096 Maling Address: If returning as a"No Submittal",dote reason 910 Chtarles St (Diu m ar y„��: �,State,Az Longwood,FL 32750 Type of Entity(Circle tone) j The and ignad Bidder hey Partnership Proprietorship Joint Venture acknawledgsa receipt of Addenda Incorporated in the state or: FL numbers 1 through 2 : List of Principals: Phwip J. Fausnight z it.+104 6-1 y. , ; Timothy S. Fausnlght Authorized Signature(Manual) Date Email Address: pMMltafausnight.com Typed Nem: Phillip J. Fausnight Telephone Number, 407461-4556 -nue; President Li x Number: 407-281-5448 y _D 0/12/2013 NIIIMIIM T, ,,...-- ,�•;i,±, ;a_U. -_ C•a,.z _IL D .-1 • A . - Wl i, _L k _ ,i The Bidder is expected to completely analyze the information contained In this Invitation for Bid (IFS)as guidance for the preparation of their written submktal.The Bidder's written bid should be specific, detailed, and complete in order to early and fully demonstrate the Bidder's understanding of the requested work andlor delivery requirements. IFB-601738-13►C3M0-Term tbntrtd for Roadway M6ukinga,SMpire&Brick Actin Surfac ng Part 4 Price iabettei per Adtandren#2 i7$4 •TERM CONTRACT OR POR ROADWAY MARK T xTh* SUIVACM Name of Bilden Fausnight Stripe and Line, Inc. mama Addrese: 910 Charles St stem Atkin= 910 Charles St ctivi tealp: Longwood,FL 32760-5411 phem hkenber: (407)261-5446 �... ,�X,. giber: (407 Bf-6449 Edda kicks& phiIIfausnight.corn Putuusat to cod in COMpaliC3 with the IFB Docurnen , the tutderelanert » egres3 bd provide end Amish any and all of the roar, maturtei. at toots, equipment, incidentals and transportation esmares nerosseary to complete afl of We Wort required in connection with the required.ice.a i�l nisod s all In abtcr conformity Ei L'w manunb for the amount lt�lredber set The undersigned, ES Bidder,r,dew ;that the only Forearm or parties Ind In tlit$bid au ptittotpale are those meted herein;tat this bid is made without collusion with any preen,firm or=pc rstierc and he prop=rand agrees, If the bid le acceptted,that hate wilt smuts an Arternani with the COUNTY hn the form eat forth in the Contact m ; that hrrinhs wig furnish the Ineurcruou C-rtNMostas. Costs shall ba inoiraiva of all direct anti Indirect costs harkettg but not limited to, metene , .equipment,tensper6lIon,coordnetion end Inoklenhde neceractry for he performance a of to words% edited in Bid doe:anent What le the oornp y method of&Am ? Own Trucks Wert Ira its Move delivery time after placement of the ler7 2 days Minimum order asks for dolt +, b'F;ryr 400.00 If ceder does not meet minimum,delivery charges,if any:$150.00 Mee the Company girt payment through Credit Corsi? yes,prefer check or EFT !F340/7264 wow-nom Cantsateat 8b !E&irk T #yq 738.3 Prim Rims par a Mows -Tam Ciamontabr II*Wilk attitg end i-FM lary R I 750-20.11 n Gib= pasi Kt28Fy FR Mud G 700 0-12 $ 130.{0 $ 2,600.00 20 r0„ ► aPoet020F-20 FA 3 Ell $ 275.04 3 �-�t4 - . . (218F-.30,�_., FR 1,650.00 70040-15 'Man le (si i AS 3B5_04 73Q.QQ FR SI 400.00 5 T��B Sin singe 3 In t�past 8013.00 A sti '' 220.tf0 8 7 &0 6,600.00 7 i3-20. f •n �, AS S 5.OQ $ 150.00 1(� 50.00 8 7t -1 -1 ,tiror TtrbC*) FA 500.00 't05-fi 1-� phi.( ,yam� � � is � 34.00 $ 1,020.00 10 7tp1J-�r�18 pietas'Ci &.$�1 Panda N*Post �--.�..� `� '� 190.04 $ 5,700.00 1,100.00--91 700.4340 AiliVieR Cormitidian Sit Palms No Post NI i 20 rall 115.00 $ 2 — . ...4.. .'.. sr 7 C 1 50.00 mp�tr!Nemec Stripe and Line, Inc. _.�.. 1FB401738-13/6,49 Price Forms per Addendum#2 -natima PANT lEmi #fit Merin frvasnOt t nlyi 11110 Total C 12 71042421 Cclk!Trafiic 8 C .Dureble Pi**w Witte} 10%000 LF 13 710-12-22I Solid Truffle Stripe, 0.18 w 18,D00.00 aae Durable Paint(8 Y ,;,fir, FA BQ,otO LF Z 0.18 $ 14,400.00 14 7t0-14-2a1 Rianectiva P (Mod )(Y FA 3110 SY---`- 1.25 $ 250.00 5 710-12421 a0Ikl'i'ratl'b Slip,Durab Pnia(8"abra) • rtl 10,CC LF $ 0.12 $ 16 71042-331 '? Trc$ ,Cure" Paid 1,200.00 $ 0.i2 4" 2,400.00 1 739-12.421 Scd Tra�ia e,3urrt a Paint(53 rue) FR 1 1.00 L 4 . — , _._.�._._..... 0.38 300.00 sub-Toki Cam;y p 38,550,00 GIMP a-TIERMaPusTle item MOT pay 131 Sal Z'afb DeriAgion 1 Action !lssr5m3 Cyst Tow cast Ste,Thera gie(g"vane) FR 40,00p LF C 19 71'7-1 1.1 's' _ 0.59 23,'300.00 &lid Tmiriz ).Ta ma (a"White).,. 1.� 0.85 $ 850.00 20 n1-91-123 $alai Treat$yips.Thennopleatte(12"11 Idte) F/! 1.60 32,000.00 21 711-11-124 Icild Traffic SOW,Thcaompleclic(lir Viitilto) _ FR $ 2'2 71 i-1 t-126 Sand Tn� � 2.00 � 1,000.00 (24" ) 2,500 ! 3.20 8,000.00 23 719-11-221 Solid-Wit SW*,Thin mopiando( "Y oll°" ) 1111211 30,900 LF 6 0.59 $ 17,700.00 24 711-11-224 PaCai Tre,1t-1 St I ThormagIORUC Or Yaw) Films 1-F 2.00 1,000.00 Inc- Company;ionic Stripe and Line, Inc. I38-I3IG MG r; Pdce Forms per Mdsndnm 32 arr. TFatir At'y Dissfigoess I T 3t�I1-11-178 Trso S -rid 161 am F�I 711-11400 Thermo gym�a3,�� .... . t=A MOM EA i$ 50.00 $ 300.00 711-11-13o T rmo Munoz t 4 tc 6 i iiii EA 150.00 360.00 28 711-11-1 Thump N po,�n Cis er F/i � i � $ 110.00 � 660.00' .�24) 711-11-1008 ThwLles.uage: r 10 -,' 711-I1-1EE 120.00 11 1,200.00 Thermo "OWLSn 10 ' — �" 31 71 -1,-1�Ip Thermo Limeys, 10.00 1,100.ao E" n 32 711-11-1$0E Thermo Mumps,• "--'-' $ 80.00 400.00 -- FA 2 EA 6 3$.00 $ � �'1'�-11-'iBQF "Memo s "ygp.rJ'. 70,00 =" 10 25.00 $ 250.00`� Q PARKING OR STANDING r FE 711-t 1-15OG FR 711-11-1�H '�htrEO BypnLa3,t3E' -""'d • z ► 100.00 200.00 j'n 10 EA S 145.00 $ 1450.00 33$'� 711-1'3-160 7lkarmo Sym�,1,YEa.d �,y '� ' /1 18 EA 1 8.00 71142421 mid T�gtilC 8bi�.Thamtc��p�Yi11�) 4 � 00.00 LIP,: Flt araa,83 0 b LF $ 0.48 $ 88,400.00 1,5R0 Ls' 0.75 4 1,125.00 3S 711-12-123 s T T�henn0p 0 Or Whoa} FA 30,0m 4° C=11 . . T ,po, (18 M ltio LF t 1.55 $ 45,500.00 ' 1 Flt 1,ls0a! LF 1.90 2,700.00 .41 711-12-126 Ste. t m (2 hiba) F`'I F 713-12,221 :•-`'7tietSt 14,„T—�a�►y a 3.00 12,000.00 PA itioao LP $ 0.48 r 72,000.00 717-12,224 „_ T r a f t'.� �,i iersrx ?�s (l a' '_ • RI 1,E it 2.00 $ 3,000.00 Company Nome: Fausnight Stripe and Line, Inc. 17 .13/6148 Price Forms per Addendum 82 44 7S 970 Ti h White im Q ity Units Unit Tut Cost 711-: �mt€�I,Hand Refurbish � �� � � � 38.00 � 17,140.00 s 2.453 Th eta [gyp --- �n 10 30.00 ! "� x'11.12.180 Thermo 300.00 Wm 4 to 6 Lois Straurbkih Fn 6 11:11 7 711 12=I80iA Thermo ,Raih+aad rossing' " " 100.x4 500.40 �E JFA 14 EA 110.00 3 1,540.00 48 711-12-160B Thermo ►% • ,"SCHOOL*Rekti sh FA 20 EA $ 120.00 $ 2,40040 49 711-12-150C "Thermo ,' r.i th +—_-� FA 5;3 EA 60.00 1,800.00 50 711-12-12j Thermo Daeasage,1 MERE'wit Fn 10 EA 0 50A0 $ 500.04 51 711-12-IE0E Thermo .Mtirkaa, STOP"R turbfeh r<h 8 FA 25.00 200.(}0 52 711-1180F Thermo ts` .' 'IELS ' $3 711-12-1000 T` �.OR ST'Ai�lDI 3 FIRE 48Q.0s7 :�_ +=� 8 EA 4 45.00 $ 380.00 a 54 711 42 400 # Thermo Symbol.Illft lih '" 40 � � 1$.00 � 600.00 711 1�•I8S! maim Symbol,Yr���h . F5 &MD - E—A $ 0.50 200.00 55 711�� ,�f 9 rviartdrrls 5.002._j_ . 1. a 7,500.00 . .....`._ Sub- otel Cebegiory III 354,965.00 t:ur,��n name:: Fausnight Stripe and Line.Inc. Price Perrin per Addendum 62 Pi-IINICELLANEOLIS C:I ,7T Pei nosodfdon Falterred Payertiett(Proforned Thrmo02300- Wil 57 523 wort Cluuutlizr! 'mite • Mgt Toted Cos -Flint Coy or Buhr 2,204 8F 12.50 S 27,500.00 se ter-f Rid 1.1'412111W.rha� °3,5 3 ----- . .. gym*rr x,.1°1:,,1. ±. er. _ :ertti, +- a SF 21.40 74 900.00 ES rye 2-11-111 . SoBd Wet Weed*W , FA 2,000 LF 1.05 $ 2,100.04 CO 702.11:-Z11 E'°Sett it ;Wetitkor raw FA 2,000 LF a i 7a -12-111 W 8011d allet+lRealer � 1.45 $ 2,144.00 Vi 'l► NI 2,000 LP $ 1.38 d 2,760.00 62 702.12.211 W Salk!Wet Wea r( )Y , FA - a3 7ii-3 - ',-, �t? �0 B 2'� LP 0 1.38 $ 2,780.00 —� . . 3 t FA 13,000 3 2,g$ $ 33,540.00 64 1 703-1-32 (Rowe)!urz re Pavement Idericorsu, Fps 2,000 EA $ 0.05 $ 400.04 65 023.5 Barrier Well 1 Guarded idleiltem FA 1,630 F 63 ft for 8biph� � 3.90 $ 3,900.00 n 75,E 4 0.04 1 � i Layout for Symbol �� � s,a4a.ao � � 16.00 $ 804.441 Loy021 for tifeeeve FA 69 �CYa11 � �.. 15.00 $ 750.00 25,000 EN $ 0.05 1,260.00 76 Pits-E TornperyTape Or Fell Baolu d)Roll F ER 0,.. 10 Ell 105.00 1,050.00 -F Tromp Tapp Fn taw Eall $ 0.30 6 300.00 72 0964 Rumble or thee,27 width E Fri 2000 b 0.65 $ 1,300.00 73 0044 rSr ,[_T` `':".-°t7 .;:`3Z'}37�7e"�Mt'T - M o w r y 158,410.00 i=eusnigirt Stripa end Line.Inc. n' a _ a: Board of CountyCoumaissioners ORDER NUMBER: FLORIDA SALES:139-11.0.9399543C Seminole County Florida AL.SAL.�USEaw11-oo etc ORDER 7� •:I .I I F • N P 1 �i op + fI ,,�1 EXHIBIT B is _ter, t - _ 7-4 •- Ir - ,d „d : 11 g PLREET-C LI URiA BLDG.-Mesa ? :''' PRO*pm Lfb71161FAX¢IW3685r7366 • <y< SAJ_I. W t-4.�.Ji,?4;et7 w - --"..-7...,--:,-::- ."� Ftz.,.': '-i JP. m71 -F ".. a :-- -v ,:' , 17X0,�:.,...F.,�C s rzr�,-may. ri e $ MPLE R MA 0•;l . • :, .3 . : :- 1 . .- • . . 1 -f1 ,. .. ,..'„,,,, 3,;,-,-'6'. ---'-'.i1v3;;;15-P'P r 1 4. bEhtfl LE C011.1‘774' . Y . 'S NATURAL CHO1 • i1 ,, :V} a, „ • . TC:yi,44 :,- F,.I 'ail ISUB, Yo OET FS I OONPIUONSO[d THE REVERSE SIDE OF TH • Bliagil'ALL PM/0=ES W DUPLICATE TO: CLERK-B.G.C.FINANCE DIVISION - - POS(OFFICE BOX SOHO PLlRCHASiht3AND CONTRA=DIVISION-AUTHORIZED SIGNATURE SANFOI D,FL 327724068 Act.Payable Inquiries-Phone(407J865-7B81 for EE1f8Np[E COUNTY HOARD a! COUN FY CDAA611SSCNERS Terms and Conditions 1.AGREEMENT.This Purchase Order interne these terms,conditions,and other all rejected services,or(b)to refund the price of any oral rejected goods or services. referenced documents such as solidbtions,a specificatiores,and responses constitute AU such rejected goods will be herd for the Seller's prompt inspection at the Seller's the sole and entire agreement between the parties hereto.The County does hereby risk.Notting contained herein shall relieve,in any way,the Seger from the obtigation of retain the Contractor to furnish those servfoeefrnmmodittes and perform those tasks as tasting,inspection,and quality control. described in this purchase order and as lather described in the scope of services attached hereto and incorporated herein,if sppicabta. This Purchase Order shalt be 9,TAXES.Seminole County Government is a non-profit operation and not subject to construed and integrated under the ieee of the State of Florida. Jurisdicion and teL venue,with respect to any suit in connector with this Purchase Order,shall reside In Seminole County,Florida. 10.FLORIDA PROMPT PAYMENT ACT.Suppias shall be pad in accordance with the State of Florida Prompt Payment Act,Section 218.70 of the Florida Statures.upon 2.DELIVERY OF GOODS MD SERVICES. Falhrre to deliver the items cr proviso submission of proper mvoloe(s)to County Finance Department, P. 0. Box 8080, the service hereby ordered strictly within the time specified snag entitle the Buyer to Sanford, Florida 32772. Invoices are to be billed at the prices stipulated on the cancel this Order holding the Seller accountable therefore,and may charge the Seger purchase order.All invoices must reference Seminole County's oedema order with any ncreeeed cost or other Ices incurred thereon pursuant to Chapter 872 of the number. Florida Stables,Mess deferred shipment is requested and agreed to by the Buyer In welling.Payment or acceptance of any tern after the delivery date shall not constitute a 11.PAYMENT TERMS.It shall be understood that the cash discount period to the waiver of the Buyer's right to cancel this Order with respect to subsequent deliveries. County all be from the data of the invoke and not from the receipt of goods/services. 3.WARRANTY.Seller werrahte all materials and services covered by this Order to 12,PRICE PROTECTION.Seller warrants that the prlee(s)se r forth herein are equal to conform strictly to the speciicaeone drawings,or samples as specitred or furnished, the lowest net price and the terms an conditions of sale are as favorable as the and to be free from latent or patent defects to materiel or worlunansNp. If no quality is prke(s),terms,and conditions afforded by the Seger to any other customer for goods specified,One Seller warrants to Buyer that the goads or service shell be of the best or services of comparable grade or quality during the term hereof. SOW agrees that grade of heir respeegve Ideds,or will meet or exceed the applicable standards for the any price reductions made in the goods or services covered by this Order,subsequent industry represented,and is fit for Buyer's particular purpose Seger further warrants to its acceptance but prior to payment thereof,ail be applicable to this Order, that at the time the goods er services are accepted by Buyer,they shall have bean produced,sold,delivered,and furnished in strict compiance with all applicabie Federal 13.PACKAGING AND SHIPPING.Unless otherwise specified,all motets sham be and State laws, municipal ordinances, leg Matrons, rules, labor agreements, and packed,packaged,marked,and otherwise prepared for shipment in a manner that b: wadding condlone to which he goods or services are subject.In addition to,and not in (a)frr accordance with good commercial predict and(b jecceptabte to common carriers lieu of the above,that at the the of acceptance,the goods or services are applicable, for shipment at the lowest rate for the particular product,and In accordance with ICC meet or exceed the applicable standards imposed by(a)the Consumer Product Safety regulations,aid adequate to insure safe arrival of the product at the named destlre lion Aid,(b)Occupational Safety and Hear Act(Public Law 91,5961,as amended,(c)Fair and for storage and proteddlou against weather.Seger shell mark all containers with Labor Standards 04 as amended,and(d)that the goods and services furnished necessary lifting,heeding,and shipping Informaioh,and also this Purchase OMer hereunder we tea of any dales or liens of whatever nature whether rightful or Number,date of shipment,end the name of the consignee and consignor.An tented otherwise deny pawn,corpo ation,partnership,or association. packing sheet must accompany each shipment All shipments, unless specified differently,shall be FOB Destination. 4.MODIFICATIONS.This Agreement can be modified or rescinded ady in refire by the paries or their duly authorized agents. 14.QUANTITY.The quantities cf goods,as indcated on the face hereof,must net be exceeded without prior written terrorization from Buyer Excess quantities may be 5.TERMINATION.The Courtly may,by written notice to the Contractor,termnak this returned to Seller at Seller's events. Agreement in whole or in part,at any time,ether br the County's convenience or because of the insure of the Contractor to fufi Contactors agreement obligators. 15.ASSIGNMENT.Seger may not assign,transfer,or subcontract this Order or any Upon receipt of such notice,the Contractor shall discontinue all deliveries of ecsed right or obhgalion heraunderwllhout Buyers warden consent Any purported assignment unless the nice directs otherwise, In such event, Buyer shall be liable only for transferor subcontract shall boner and mid. materiels or components procured,or work done,or supplies partially fabricated within the authorization of Iris Agreement In no event shell Buyer be liable for incidental or 18. EQUAL OPPORTUNITY EMPLOYER. The County Is an Equal Employment consequential damages by reason:deuce temnihUon. Opportunely(EEL)employer,and as such requires all contracture or vendors to comply with EEO regulations with regards to gander,age,race, veteran status,country of 8.INDEMNIFICATION.Setter agrees to protect,Indemnify,save,and hold harmless origin,and creed as may be applicable to the ccnfradpr or vendor. My subcontracts Buyer,is officers,and employees from and against as tosses,costs,end eapenses, entered into shaft make reference to this clause with the same degree of eppli aloe and from and against all claims,demands,suits,and octane for damages,losses, bang encouraged When applicable,the contractor or vendor ahem comply with all new casts, end expenses and from and against at lability awards, theme of patent State and Federal EEO regulations. Infringement judgments,and decrees of whatsoever nature for any and at damages to property of the E3uyar or others of whatsoever nature and for any end aM injury to 17.RIGHT TO AUDIT RECORDS.The County stem be eroded to audit the books and any persons arising out of or resulting inn the negligence of Seler,breech of this records of the Seiler to the ardent that with books and records relate to the Order in the manufacture of goods,tom any defect in matelots or workmanship,torn performance of the purchase order or any supplement to the purchase order.The Seger the reruns of the goods to perform to its full capacity as specified in the order, shall maintain such books and records for a period of three(3)years from the date of specification,or other data,or framthe breach of any express or Implied warrants The final payment under the purchase order unless the County otherwise authorizes a remedies afforded to the COUNTY by this clause are cumulative with,and h no way shorter period In waiting. affect any ether legal remedy the COUNTY may have under this Agreement or at fear. 18.FISCAL YEAR FUNDING APPROPRIATION.Unless otherwise provided by law,a 7. INSURANCE.Seller sham obtain and maintain hr force adequate insurance as purchase order for supplies or services may be entered Into for any period of lime directed by the Buyer.Seller may also he required to ca ny workers'compensation deemed to be In the best interest of the County provided the term of the purchase order Insurance in accordance with the laws of the State of Florida. Seger shall furnish and cannons of renewed or extonsfon,if any,are included in the solicitations,and Buyer with a Cartlloste of entrance for all service related purdless orders and other funds are available for he Mal fiscal period of the purchase order Payment and specialized services performed at servers location. Any certificate requested shall be perform once oiligations for succeeding fiscal periods shag be subject to the annual provided to the Purchasing and Contacts Division within ten(10)days from notice. appropriation by County Comm$sioners. • Contractor shall notify the County In the event of cancellation,material change or altercation related to the Contractor's Insurance Certificate, All policies shall name 19.FAILURE TO EXECUTE PURCHASE ORDER.Failure of the successful bidder to Seminole County as en additional insured. accept the purchase order as specified may be cause to cancellation of the award.In the event that the award Is cancelled,the award may then be made to the second 8.INSPECTION.AO goods and services are subject to inspection and rejecion by the lowest responsive and responsible offeror, and such offeror shall fulfil every Buyer at any time Including during their manufacture,construction, or preparation stipulation embraced turn as if he were the original party to whom the award was notwrithstanding any prior payment or Inspection, Without limiting any of the rights It made;or the County may reject at the offers and rebid.Contractors who default are may have,the Buyer,at Is option,may require the Seller,at the Sellers expense,to: subject to suspension end&debarment (a)prompty repair or replace any or at rejected goods,or to cure or re-perform any or , FAUSSTR-01 CKORNAKER .4,4C-01?lP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYWY) 712312013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Morse Insurance Agency,Inc PHONE 407 869-4200 225 FAX ) (407)862-7656 1000 Wekiva Springs Road (A/C,No,Ext) ) (A/C,No): Longwood,FL 32779 ADDRESS:_ INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Southern Owners Ins Co 10190 INSURED INSURER B:Owners Insurance Co 32700 Fausnight Stripe&Line Inc INSURER C:Bridgefield Employers Ins 10701 910 Charles Street INSURER D: Longwood,FL 32750-5410 INSURER : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM!DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 72601987 11/1/2012 11/1/2013 DAMAGE TO HEN I ED 300 000 A X COMMERCIAL GENERAL LIABILITY X PREMISES(Fa occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ VT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) B X ANY AUTO 4860198700 11/1/2012 11/1/2013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 48-601999-00 11/1/2012 11/1/2013 AGGREGATE $ 5,000,000 DED X RETENTION$ 1 0,000 $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y IN N C ANY PROPRIETOR/PARTNER/EXECUTIVE 83038084 711/2013 7/112014 EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E .DISEASE-EA EMPLOYEE $ 1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ 1,000,000 A Property 72601987 11/112012 11/1/2013 Contents 62,685 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Property Deductibles:$2500 AOP Term Contract for Roadway Markings,Striping and Bricke Texture Surfacing IFB-601738-13.GMG. Seminole County,its officials,officers&employees are included as an additional insured with respects to the General Liability policy as required by written contract..Coverage is primary&non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seminole County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8080 Sanford,FL 32772 AUTHORIZED REPRESENTATIVE s ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD