invitation to negotiate registrationinvitation to negotiate registration ***** please complete and...

ITNSHELL. – Revised 11-14

State of Florida Department of Transportation

District Three Procurement Office 1074 Highway 90

Chipley, Florida 32428

INVITATION TO NEGOTIATE REGISTRATION

******************************************************************************

PLEASE COMPLETE AND RETURN THIS FORM ASAP

TO THE ABOVE ADDRESS OR FAX TO (850) 330-1494

****************************************************************************** ITN Number: ITN-DOT-14/15-3023LD ____________________________________ Title: Regional Transportation Management Center at Chipley FMS/RTMC Maintenance Support Services Sealed Reply Due Date & Time: April 8, 2015 @ 2:00 PM Local Time____________________ Vendors should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and fax this sheet only to the Florida Department of Transportation Procurement Office at (850) 330-1494, or mail to the address noted above.

THE INVITATION TO NEGOTIATE DOCUMENT YOU RECEIVED IS SUBJECT TO CHANGE.

Notice of changes (Addenda), will be posted on the Florida Vendor Bid System at

www.myflorida.com , under this ITN number (click on “BUSINESS”, click on “Doing

Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor

Bid System (VBS)”, then click on “Search Advertisements”, click on the drop-down arrow

beside the box under Advertisement Type, select Competitive Solicitation, click on the drop-

down arrow beside the box under Agency, select DEPARTMENT OF TRANSPORTATION,

then go to the bottom of the same page and click on Initiate Search). It is the responsibility

of all potential vendors to monitor this site for any changing information prior to submitting

your reply. Company Name: Address: City, State, Zip: Telephone: ( ) Fax Number: ( ) . Contact Person: Internet E-Mail Address: _________________________________________________________ For further information on this process, you may e-mail or telephone: Lesley Dunnivan, E-mail: [email protected], Phone: (850) 330-1363

http://www.myflorida.com/

mailto:[email protected]

Qualification Questionnaire Page 1 of 5

QUALIFICATIONS QUESTIONNAIRE

INVITATION TO NEGOTIATE #: ITN-DOT-14/15/3023LD TITLE: Regional Transportation Management Center at Chipley FMS/RTMC Maintenance Support Services

VENDOR: FAX # .

SUBMITTED BY: SIGNED: Date: . (Name Printed) (Signature) The grades or points resulting from the review/evaluation of the responses to this questionnaire will not be included in decisions beyond determining the initial short-list of vendors to proceed in the ITN process. ================================================================================

Requirements: The response to this Qualification Questionnaire shall be a maximum of thirty (30) pages in

size twelve (12) font. All resumes shall be at the maximum of two (2) pages and will not be included in the total

page count.

Firm’s Experience

1. Firm History: Provide a synopsis of your Firm’s history. Be specific to include: how long the Firm has

been in business; how many offices are currently open in Florida, United States, and Worldwide (if

applicable); what are the primary and secondary types of services provided by the Firm; how many

people are currently employed by the Firm; how long has the Firm provided ITS maintenance services

for both Regional Traffic Management Centers (RTMC) and Freeway Management System (FMS); does

the firm have an office located within District Three; from which office will this contact be managed

and is this the same office that will support the Firm’s staff at the District Three RTMC in Chipley,

Florida for human resource issues and back-up management support?

2. Subcontractors: Identify the subcontractor(s) you are proposing and describe their strengths, abilities,

and management experience. If you are using subcontractors, describe if you have any previous

experience teaming with them on maintenance contracts. If you are not using any subcontractors,

describes your Firm’s ability and management experience to be able to provide the various levels of

expertise required to staff and manage this Contract.

3. RTMC Maintenance Experience: Describe your Firm’s experience with video walls and RTMC

devices and communications maintenance. Be specific to the center(s) managed and the date and size

and responsibility of the center. State what positions you provided, by number and function.

4. Emergency Maintenance: Describe your Firm’s experience in handling emergency responsive service?

How will your firm achieve maximum system availability and minimum average device downtime as

outlined under System Reliability Performance Measure?

5. Trouble-Ticket and Inventory Management System: Does your firm currently own a trouble ticket

management software package? Describe your firm’s experience with developing, managing trouble-

ticket and inventory management systems. Is footprint tracking built-in the system? Was there a training

module developed for training RTMC staff? In what form is the training provided? Do you have a staff

experienced in providing this training?

6. Vehicles: Describe the vehicles you plan to use for this Contract. What types and quantities of vehicles?

Where will the vehicles be located or garaged? Where will they be serviced and maintained?

7. Equipment: Describe the equipment you plan to have on hand for this Contract. What types and

quantities of equipment do you plan to use? Where will the equipment be stored?


8. Specifications: Describe your firm’s experience in developing specifications for replacement hardware,

software and firmware as necessary.

9. Working with Other Vendors/Contractors: Describe your firm’s experience working with other

Vendors/Contractors on same project and sharing responsibilities. There are other Vendors/Contractors

proposed in this project – RTMC Operations Vendor, World Fiber Technologies, Inc., SunGuide

Support Contractor, State of Florida Purchase Contract, and Road Ranger Service Patrol. You will also

receive training from the Department’s ITSFM Consultant. What is your firm’s experience working with

ITSFM and making updates and changes to the D3 FMS system as required by the Department?

10. Minimum Qualifications: Does your firm have at least one staff trained in worksite supervision? Does

your firm have at least one system maintenance technician as certified journeyman or master electrician?

Does your firm have at least one system maintenance technician trained in RTMC hardware, software,

and network components?

11. What is your firms’ experience working with Warranty Services Contracts? The various warranties

for our system are listed in the ITN. Explain how you will coordinate with World Fiber Technologies,

Inc. to verify that their services are performed and there will not be duplication of efforts.

Key Staff Experience

12. Proposed Project Manager’s Experience: Describe the experience of the person you are proposing as

the Project Manager. Provide a resume. (Note: if we ask your company to participate in the oral

technical presentations, your proposed Project Manager must attend in person.) Please answer and

include at least one example, if applicable, to the following questions, as a minimum:

a. What is the proposed Project Manager’s (PM) experience with Florida Department of

Transportation (FDOT) contracts?

b. Identify at least three (3) FDOT contracts that have been managed by the PM and provide

references.

c. Where is the PM’s home office?

d. What level of authority will the PM have concerning additional support requirements if needed?

e. Does the proposed PM have an office located within FDOT District 3?

f. If not, from which office will this contract be managed?

g. Does the proposed PM have experience ensuring that the requirements of a maintenance

related contract are met on a daily basis at all times?

h. Does the proposed PM have experience in preparing work estimates for Task Work Orders

(TWO)?

i. Does the proposed PM have experience directing and coordinating activities consistent with

established goals, objectives, and policies?

j. Does the proposed PM have experience in the staffing effort necessary to efficiently and

effectively perform system’s maintenance service?


k. Does the proposed PM have experience and the ability to use and apply knowledge of

project management theories and practices?

l. Does the proposed PM have experience directing staff?

m. Does the proposed PM have experience in conducting meetings with the department related to

staffing changes, work hour changes, plans and cost estimates for repair and/or replacement

work, Task Work Order (TWO) preparation and RPM plan approvals/changes etc.?

n. Does the proposed PM have experience in training of the contractor’s personnel?

o. Does the proposed PM have experience in preparing design plans per Department standards for

a TWO involving any design work?

p. Does the proposed PM have experience preparing and producing invoices and progress reports?

q. Does the proposed PM have understanding of ITS and traffic engineering principles?

r. What performance measures will the proposed PM monitor for efficient maintenance operation

on a daily basis?

s. The PM proposed in this project is suggested part-time for at least eight (8) hours per week.

What is your firms plan for the balance of their time? Would your PM be available more, if

needed?

t. How will you cover the meeting attendance requirements listed in scope?

13. Proposed System Network Manager: Describe the experience of the person you are proposing as the

System Network Manager. Provide a resume. Please answer and include at least one example, if

applicable, to the following questions:

a. Does the proposed System Network Manager have experience with Advanced Server Systems

Management (VLAN, clustered environments, etc.) in a Microsoft networked environment?

b. Does the proposed System Network Manager have experience in managing Storage Area

Network (SAN) or Network Attached Storage (NAS)?

c. Does the proposed System Network Manager have experience in Network Communication

Infrastructure Management?

d. Does the proposed System Network Manager have experience in Field Device Management?

e. Does the proposed System Network Manager have experience in Media Video Distribution?

f. Does the proposed System Network Manager have experience in Data Backups of various types?

g. Does the proposed System Network Manager have experience in Video Wall and Audio/Visual

(A/V) Systems?

h. Does the proposed System Network Manager have experience in freeway management system

control software such as Sun Guide software or equivalent?

i. Does the proposed System Network Manager have experience with Florida Advanced Traveler

Information System (FLATIS)?

j. Does the proposed System Network Manager have experience with development and delivery of

training programs to all RTMC Operators and maintenance technicians regarding network

protocols for appropriate self-trouble shooting?


k. Does the proposed System Network Manager have experience with continuous supervision of a

24 hour/day, 7 day/week operation?

l. Does the proposed System Network Manager have experience in managing network security

equipment, software and protocols?

m. Does the proposed System Network Manager have experience working with different

stakeholders involved in the Traffic Incident Management?

n. Does the proposed System Network Manager have experience with the day-to-day monitoring

and balancing of work activities?

o. Does the proposed System Network Manager have experience with balancing the work loads of

maintenance staff?

p. Does the proposed System Network Manager have at least 5 years of experience in the

maintenance in a RTMC or of a facility similar to a RTMC?

q. Does the proposed System Network Manager have experience and understanding of ITS

operational principles?

r. Does the proposed System Network Manager have the ability to work alternate work schedules

and be on-call 24 hours/day?

SunGuide® Software Experience

14. SunGuide® Software Experience: Describe your Firm’s experience with “SunGuide® Software.” List

specific personnel and the Florida TMC or project where you gained this experience. List all

subcontractors, their related experience and in what capacity they are/were used.

15. SunGuide® Maintenance: Describe your firm’s experience with SunGuide® maintenance. List

specific problems that were handled without SunGuide® and what measures were taken during down

time to fill the gap? Describe different periodic maintenance scenarios that are required for SunGuide®

and your plans to handle those scenarios.

Other Staff Experience

16. Other Staff Experience: Describe the experience of your Lead Technician or Foreman and other

System Network Technicians and FMS Maintainers. Include any experience with System

communication and ITS field device or if they have worked under a maintenance contract. You may

provide names, but if confidentiality is an issue, it is not necessary. Resumes may be attached as well.

If the names of the other staff are not known at this time, you will describe how you plan to hire

qualified staff for those positions. (Note: if you describe experience for any other staff you proposed for

this contract and we ask your Firm to participate in the oral presentations, you will have to provide their

name(s) and resume(s)).

Plan for Startup and On-Going Operations

17. Start-up Hiring Plan: Describe your approach for initial and on-going recruiting and hiring for this

contract. Include how you plan to staff each of the positions required in the Scope of Services. Place

emphasis on hiring of Key Staff.


18. Approach for Training: Describe your approach to initial and on-going training and certification of

maintenance staff.

19. Approach for Scheduling: RTMC is a 24/7/365 facility. Describe your approach to scheduling and

how you will ensure that there will always be maintenance staff available in case of emergency.

20. Employee Retention: Explain your Firm’s approach to retain qualified maintenance personnel.

21. Benefits Package: Describe your Firm’s employee benefits package (if any) that would be part of

employment for each of the positions outlined in the Scope Services.

Approach to Maintenance

22. Approach towards Responsive and Routine Preventive Maintenance Plans: Describe your approach

to Responsive and Routine Preventive Maintenance (RPM) plans. Describe your experience with

developing these plans? What are the typical routine preventative maintenance issues that arise for the

FMS and RTMC? How can you efficiently address these issues? Do you have on-call services in place

to address responsive maintenance?

23. Device logs and Spare Parts Inventory Control: How will you maintain the device logs and spare

parts inventory?

24. Emergency Response Service: What is your firms approach towards emergency response service in

case of act of nature, vehicle crashes, vandalism, fire, etc? Do you have any back up staff or on-call

services available to fill in for the emergency response service? What is your approach towards

purchasing emergency repair items? What is your firms experience with the Disaster Reporting and

working with the FHWA DDIR Form Number 1547?

25. Performance Measures: Describe your approach to the performance measures developed for this

project and how do you plan to meet them? Is there any other performance measure you would propose

for this project to help you meet the goals?

26. Invoice Payment or Percentage Deductions: This contract is a “performance-based” contract.

Describe you approach towards avoiding any invoice payment deduction(s). Also, describe your firms

approach towards avoiding any invoice percentage deduction(s)?

27. Innovations: Explain any “no-cost” innovations your Firm may have for improving maintenance of the

RTMC.

28. Why Select Your Firm: Without embellishment, describe why your Firm is best suited to provide the

services described in the Scope of Services.

===============================================================================

WORK REFERENCES

List the names of three references for which your business has provided similar services.

BUSINESS NAME ADDRESS CONTACT PERSON PHONE NO. 1. .

2. .

3. . Dated this _____ day of ______________, 2015

__________________________________

__________________________________, Affiant (Print Name)

Sworn to before me this day of ____________, 2015 by

_______________________________ as identification

_____________________________Notary Public State of Florida

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, oruse of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employeesfor violations of such prohibition.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitationprogram if such is available in the employee's community by, any employee who is so convicted.

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on thecommodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notifythe employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlledsubstance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after suchconviction.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection (1).

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penaltiesthat may be imposed upon employees for drug abuse violations.

287.087 Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, orreplies that are equal with respect to price, quality, and service are received by the state or by any political subdivision forthe procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies thatit has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplaceprogram in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

NO

YES

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PROCUREMENT

375-040-18

06/12DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

NAME OF BUSINESS:

(no )(yes )


PROCUREMENT

375-040-63

02/07ANTICIPATED DBE PARTICIPATION STATEMENT

Procurement Number:

Contractor's Name:

Contractor's FEID Number:

Is the prime contractor a Florida Department of Transportation Certified Disadvantaged Business Enterprise (DBE)?

Expected amount of contract dollars to be subcontracted to DBE(s): $

It is our intent to subcontract % of the contract dollars to DBE(s). Listed below are the proposed DBE

sub-contractors:

DBE (s) Name Type of Work/Specialty Dollar Amount/Percentage

Submitted by: Title:

Date:

Note: This information is used to track and report anticipated DBE participation in FDOT contracts. The anticipated DBEamount will not become part of the contractual terms.

The Prime contractor is encouraged to complete this form and submit this form with your bid/price proposal/reply.Submission of this form is not mandatory.

OR

(Type or Print)

ITN-DOT-14/15-3023LD


PROCUREMENT

375-040-62

04/07BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT SERVICES,

AND COMMODITIES & CONTRACTUAL SERVICES

Non-DBE

DBE

Subconsultant

Subcontractor

More than $15 million

Between $10 - $15 million



Less than $1 million

Non-DBE

DBE

Subconsultant

Subcontractor






Non-DBE

DBE

Subconsultant

Subcontractor






Non-DBE

DBE

Subconsultant

Subcontractor






Prime Contractor/Prime Consultant:

Address/Phone Number:

Procurement Number/Advertisement Number:

1. Federal Tax ID Number:

2. Firm Name:

3. Phone:

4. Address:

5. Year Firm Established:

6.

7.

8. Annual Gross Receipts


2. Firm Name:

3. Phone:

4. Address:


6.

7.



2. Firm Name:

3. Phone:

4. Address:


6.

7.


49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, onDOT-assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts andsupplies materials on DOT-assisted projects, including both DBEs and non-DBEs. For consulting companies this list mustinclude all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT-assistedproject. Prime contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide anyinformation they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.


2. Firm Name:

3. Phone:

4. Address:


6.

7.


AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR: BID SHEET (Invitation to Bid - ITB)LETTERS OF RESPONSE (LOR)PRICE PROPOSAL (Request for Proposal - RFP)REPLY (Invitation to Negotiate - ITN)


Florida Statutes: 287.135


VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS

375-030-60 PROCUREMENT

OGC – 05/13

Respondent Vendor Name:

Vendor FEIN:

Vendor’s Authorized Representative Name and Title:

Address:

City: State: Zip:

Phone Number:

Email Address:

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. This requirement is not applicable to federally funded contracts. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Certified By:

who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title:

Date:

State of Florida

Department of Transportation

INVITATION TO NEGOTIATE

Regional Transportation Management Center at Chipley

FMS/RTMC Maintenance Support Services


Financial Project Number 432610-1-72-07

CONTACT FOR QUESTIONS:

Lesley Dunnivan, Procurement Agent [email protected]

Fax: (850) 330-1494 Phone: (850) 330-1363

1074 Highway 90 Chipley, Florida 32428


I N T R O D U C T I O N S E C T I O N

1) INVITATION

The State of Florida Department of Transportation (hereinafter referred to as the "Department") is soliciting written replies from vendors interested in participating in competitive negotiations to establish a term contract to provide routine preventative maintenance, responsive maintenance and diagnostic and replacement services for Intelligent Transportation System communication infrastructure and field devices, Regional Traffic Management System ITS Network, ITS communications network, and operator SunGuide work station’s hardware and software. It is anticipated that the term of the agreement will be from the date of contract execution through Sixty (60) Months.

2) TIMELINE

Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (Addenda) will be posted on the Florida Vendor Bid System at www.myflorida.com (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, click on “Search Advertisements”) under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply.

ACTION DATE LOCAL TIME LOCATION_____________________

*Pre- Reply Conference and Site Visit (Mandatory)

March 27, 2015

2:00 PM

Florida Department of Transportation Emergency Operations Center Conference Room 1074 Highway 90 Chipley, Florida 32428

Deadline for Technical Questions

March 30, 2015

2:00 PM

Questions must be in writing

Qualification Questionnaire Due (Sealed Replies)

April 8, 2015

2:00 PM

Florida Department of Transportation Procurement Services Conference Room 1074 Highway 90 Chipley, Florida 32428 (850) 330-1363

*Opening of Sealed Replies

April 8, 2015

2:00 PM

Florida Department of Transportation Procurement Services Conference Room 1074 Highway 90 Chipley, Florida 32428

*Technical Review Committee to Evaluate Sealed Replies

April 22, 2015

10:00 AM

Florida Department of Transportation Procurement Conference Room 1074 Highway 90 Chipley, Florida 32428

* Selection Committee Review to Shortlist

April 27, 2015

8:30 AM

Florida Department of Transportation Administration Conference Room 1074 Highway 90 Chipley, Florida 32428

Posting of Shortlist April 27, 2015 1:00 PM Vendor Bid System

*Random Drawing for Oral Presentation Time

April 30, 2105

2:00 PM

Florida Department of Transportation Emergency Operations Center Conference Room 1074 Highway 90 Chipley, Florida 32428 Teleconference line available (850) 330-1100

Deadline for Questions before Oral Presentations

May 1, 2015

4:00 PM

Questions must be in writing


Oral Presentations (for short-listed vendors only)

May 5, 2015 (Time selected in random drawing)

Beginning at 7:30 AM


Preliminary Price Proposal Due (for short-listed vendors only)

May 5, 2015

Hand deliver at Oral Presentation


*Technical Review Committee To Evaluate Vendors on Oral Presentations: Determine Ranking of Vendors or elect or conduct Concurrent Negotiations

May 5, 2015

3:00 PM


*Selection Committee Review –Intended Award

May 11, 2015

8:30 AM

Florida Department of Transportation Administration Conference Room 1074 Highway 90 Chipley, Florida 32428

Posting Negotiation Recommendations

May 11, 2015

1:00 PM

Vendor Bid System

*Public Meeting

3) PUBLIC MEETING AGENDA

Agenda – Public Opening (Initial Replies) Agenda for Public Opening of initial replies to ITN-DOT-14/15-3023LD: Starting Time: see “Timeline” in ITN solicitation

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

- Public input period – To allow a maximum of 15 minutes total for public input related to the

ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the initial replies received timely will be opened, with respondent’s name read aloud and tabulated.

- Adjourn meeting.

Agenda – Technical Review Committee Meeting to Rank and/or Short List Agenda for Meeting to Rank and/or Short List on ITN-DOT-14/153023LD: Starting Time: see Timeline in ITN solicitation



ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the evaluations of Initial

Replies received will be summarized.

- Rank firms evaluated from highest to lowest.

- Determine whether to proceed with single negotiation method “A” or concurrent method “B”

- Adjourn meeting.

Agenda – Selection Committee Review Meeting to Shortlist Agenda for Meeting to review shortlist on ITB-DOT-14/15-3023LD: Starting time: see Timeline in ITN solicitation



ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the evaluations of Initial

Replies received will be summarized.

- Review and confirm firms evaluated for shortlisting

- Determine whether to proceed with single negotiation method “A” or concurrent method “B”

- Announce the names of the Ranked of Short Listed firms and when the decision will be

posted on the Vendor Bid System.

- Adjourn meeting.

Agenda – Technical Review Committee Meeting to Summarize & Determine Intended Award Agenda for Meeting to Summarize and Determine Intended Award for ITN-DOT-14/15-3023LD: Starting Time: see Timeline in ITN solicitation



ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, recap and discussion

among evaluation team(s) to determine “best value”.

- Determine whether to proceed with single negotiation method “A” or concurrent method “B

- Adjourn meeting.

Agenda – Selection Committee Meeting to Review Intended Award Agenda for Meeting to Summarize and Determine Intended Award for ITN-DOT-14/15-3023LD: Starting Time: see Timeline in ITN solicitation



ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, recap and discussion

among evaluation team(s) to determine “best value”.

- Determine whether to proceed with single negotiation method “A” or concurrent method “B

- Review and confirm final ranking order of firms. (if applicable)

- Announce Proposer determined to be “best value” as the Intended Award. (if applicable)

- Announce time and date the decision will be posted on the Vendor Bid System (VBS).

- Adjourn meeting.

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-reply conference, public meeting, oral presentation and/or opening shall contact the contact person at the phone number, e-mail address or fax number provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

S P E C I A L C O N D I T I O N S

1) MyFloridaMarketPlace VENDORS MUST BE ACTIVELY REGISTERED IN THE STATE OF FLORIDA’S MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE THE SEALED REPLIES ARE DUE OR THEY MAY BE CONSIDERED NON-RESPONSIVE (see Special Condition 16). All prospective vendors that are not registered, should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration, or call 1-866-352-3776 for assisted registration.

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1% MFMP Transaction Fee in accordance with the attached Form PUR 1000 General Contract Condition #14.

2) Florida Department of Financial Services (DFS) W-9 INITIATIVE The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or [email protected] with any questions.

https://vendor.myfloridamarketplace.com/

https://flvendor.myfloridacfo.com/


3) QUESTIONS & ANSWERS In accordance with section 287.057(23), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Any technical questions arising from this Invitation to Negotiate must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely by vendors will be posted on the Florida Vendor Bid System at www.myflorida.com (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, click on “Search Advertisements”), under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting their reply.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Lesley Dunnivan, E-mail: [email protected], 1074 Highway 90, Chipley, Florida 32428 or

Fax: (850) 330-1494. Questions regarding administrative aspects of the procurement process should be directed to the Procurement Agent in writing at the address above or by phone: (850) 330-1363

4) CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

Notices of changes (Addenda) will be posted on the Florida Vendor Bid System at www.myflorida.com (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, click on “Search Advertisements”) under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply. All Addenda will be acknowledged by signature and subsequent submission of Addenda with reply when so stated in the Addenda.

5) BEST VALUE SELECTION & PUBLIC MEETINGS The Department intends to contract with the responsive and responsible Vendor whose proposal is determined by the Technical Review Team to provide the best value to the Department. "Best value", as defined in Section 287.012(4), F.S., means the highest overall value to the state based on objective factors that include price, quality, design, and workmanship. Specific events in the competitive negotiation process will be conducted at a public meeting of the Technical Review Team. The specific events are noted in the Timeline (see Section 2 of Introduction Section). Minutes will be taken at all Public Meetings and will be retained in the procurement file.

6) TECHNICAL REVIEW TEAM The Technical Review Team will be composed of at least three (3) persons who collectively have experience and knowledge in negotiating contracts, contract procurement, and the program area for which the commodities and/or contractual services are sought. The team will be involved in the reviews/evaluations, oral presentations, negotiations, and recommendation for award and may consult with subject matter experts during the course of the procurement process. The team leader, usually the project manager, will ensure consistent scoring and documentation to facilitate and support a consensus decision for the intended award. The Technical Review Team will provide a short plain statement for the procurement file that explains the basis of vendor selection for the intended award and how the vendor's deliverables and price will provide the best value to the state.




7) SCOPE OF SERVICES Details of the desired commodity/services, information and items to be furnished by the Vendor are described in Exhibit “A”, Scope of Services/Specifications, attached hereto and made a part hereof. Documentation of any revisions that may occur during the competitive negotiation process will be retained in the procurement file. The Department has a budgetary ceiling of $4,760,000.00 for this project. Vendors should be cognizant of that limitation in replies submitted for this solicitation.

8) MANDATORY PRE-REPLY CONFERENCE A MANDATORY pre-proposal conference will be held at the date, time and location in the Timeline. The purpose of this meeting is to provide an open forum for the Department to review the Scope of Services and respond to questions from potential vendors regarding the scope of services, ITN requirements, contractual requirements, method of compensation, and other conditions or requirements that may, in any manner, effect the work to be performed. Any changes and/or resulting Addenda to the ITN will be the sole prerogative of the Department.

Attendance at this pre-reply conference is MANDATORY. Failure by a vendor to attend or be represented at this pre-reply conference will constitute a non-responsive determination of their reply package. Replies found to be non-responsive will not be considered.

9) QUALIFICATIONS 9.1 Qualifications Questionnaire Interested vendors must complete and submit the "Qualifications Questionnaire" to show that they have the necessary qualifications, prior relevant experience, and capabilities to meet the requirements of the Department in providing routine preventative maintenance, responsive maintenance, and diagnostic and replacement services by qualified personnel as specified in the Scope of Services/Specifications. The replies to the "Qualifications Questionnaire" and the information provided by the vendors in their submittals will be reviewed and evaluated to determine the short-list of vendors that are best able to meet the requirements of the Department and proceed to Step 3 in the competitive negotiation process. The response to the Qualification Questionnaire shall be a maximum of thirty (30) pages in size twelve (12) font. All resumes shall be at the maximum of two (2) pages and will not be included in the total page count. 9.2 Authorized To Do Business in the State of Florida

In accordance with sections 607.1501, 608.501, and 620.9102, Florida Statutes, out-of-state corporations, out-of-state limited liability companies, and out-of-state limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the reply due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact: Florida Department of State Tallahassee, Florida 32399 (850) 245-6051 9.3 Licensed to Conduct Business in the State of Florida If the business being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the reply due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797 (850) 487-1395

9.4 E-VERIFY Vendors/Contractors:

1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and

2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the

employment eligibility of all new employees hired by the subcontractor during the contract term. 10) DIVERSITY ACHIEVEMENT

DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION

The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4,

Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the

Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that the Department will affirmatively ensure that in any contract/agreement entered into pursuant to this advertisement, minority and disadvantaged business enterprises will be afforded the full opportunity to submit bids in response to this invitation and will not be discriminated on the basis of race, color, national origin, or sex in consideration for an award. The Department encourages DBE firms to compete for Department contractual services projects, and also encourages non-DBE and other minority contractors to use DBE firms as sub-contractors. The Department, its contractors, suppliers, and consultants shall take all necessary and reasonable steps to ensure that disadvantaged businesses have an opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. The Department shall require its contractors, suppliers, and consultants to not discriminate on the basis of race, color, national origin, religion, gender, age, or disability in the award and performance of its contracts. Federal law requires states to maintain a database of all firms that are participating or attempting to participate in DOT-assisted contracts. To assist the Department in this endeavor, vendors are requested to

submit the Bidder’s Opportunity List with their technical proposal. The list should include yourself as well as any prospective sub-contractor that you contacted or who has contacted you regarding the project.

Vendors are requested to indicate their intention regarding DBE participation on the Anticipated DBE

Participation Statement and to submit that Statement with their technical proposal. After award of the contract resulting from this ITN, the awarded Vendor will need to complete the “Anticipated DBE Participation Statement” online through the Equal Opportunity Compliance (EOC) system within 3 business days after award of the contract. The link to access the EOC system is: https://www3.dot.state.fl.us/EqualOpportunityCompliance. This will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract period, the Vendor will be required to report actual payments to DBE and MBE subcontractors through the web-based EOC system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact [email protected] . Additional information about the EOC system can be found on the Equal Opportunity Office (EOO) website at http://www.dot.state.fl.us/equalopportunityoffice/eoc.shtm . A help manual on how to use the system will be available within the EOC application. If you have any questions or technical issues, please contact the EOO help desk at [email protected] . To request certification or to locate DBEs, call the Department of Transportation’s Equal Opportunity Office at (850) 414-4747, or access an application or listing of DBEs on the Internet at

https://www3.dot.state.fl.us/EqualOpportunityCompliance


http://www.dot.state.fl.us/equalopportunityoffice/eoc.shtm


www.dot.state.fl.us/equalopportunityoffice/ .

11) CONTRACT DOCUMENT

STANDARD WRITTEN AGREEMENT The Department’s “Standard Written Agreement” is attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of the contract resulting from this solicitation. In submitting a reply, the vendor agrees to be legally bound by these terms and conditions.

12) REVIEW OF VENDOR'S FACILITIES & QUALIFICATIONS After the reply due date and prior to contract execution, the Department reserves the right to perform or have performed, an on-site review of the Vendor's facilities and qualifications. This review will serve to verify data and representations submitted by the Vendor and may be used to determine whether the Vendor has an adequate, qualified, and experienced staff, and can provide overall management facilities. The review may also serve to verify whether the Vendor has financial capability adequate to meet the contract requirements. Should the Department determine that the reply / proposed negotiations have material misrepresentations or that the size or nature of the Vendor's facilities or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject the reply / proposal.

13) PROTEST OF INVITATION TO NEGOTIATE SPECIFICATIONS

Any person who is adversely affected by the contents of this Invitation to negotiate must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450: 1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation, (the notice

of protest may be Faxed to 850-414-5264), and 2. A formal written protest in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of

the date on which the written notice of protest is filed. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to

post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

14) UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any contractor is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

15) SCRUTINIZED COMPANIES LISTS Section 287.135, Florida Statutes, requires that at the time a company submits a bid or proposal for a contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes.

Bid responses of $1 million or more must include the attached Scrutinized Companies Lists Form to certify the respondent is not on either of those lists.

16) RESPONSIVENESS OF REPLIES

http://www.dot.state.fl.us/equalopportunityoffice/

16.1 Responsiveness of Replies Replies will not be considered if not received by the Department on or before the date and time specified as the due date for submission. 16.2 Other Conditions Other conditions which may cause rejection of replies include, but are not limited to, evidence of collusion among Vendors, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the General Services Administration Excluded Parties List.

17) COPYRIGHTED MATERIAL Copyrighted material will be accepted as part of the reply or a negotiation session only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

18) ATTACHMENT TO ITN SUBMITTALS - CONFIDENTIAL MATERIAL The Vendor must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Negotiate, Number ITN-DOT-14/15-3023LD Confidential Material". The Vendor must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Vendor asserts to be exempt from public disclosure and placed elsewhere in the reply will be considered waived by the Vendor upon submission, effective after opening.

19) COSTS INCURRED IN RESPONDING This Invitation to Negotiate does not commit the Department or any other public agency to pay any costs incurred by an individual firm, partnership, or corporation in the submission of a reply or subsequent negotiations or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

20) MAIL OR DELIVER REPLIES TO: (DO NOT FAX)

Florida Department of Transportation

Attn: Lesley Dunnivan

District Three Procurement Office

1074 Highway 90

Chipley, Florida 32428

Phone # (850) 330-1363 Submit one original and five (5) copies of your reply. Replies must be submitted in a sealed envelope/package that should be labeled with the ITN number and the opening date and time. It is the vendor's responsibility to assure that the reply is delivered to the proper place on or before the Reply Due date and time (See Introduction Section 2 Timeline). Replies which for any reason are not so delivered will not be considered.

21) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL Vendors may modify submitted replies at any time prior to the reply due date. Requests for modification of a submitted reply shall be in writing and must be signed by an authorized signatory of the vendor. Upon receipt and acceptance of such a request, the entire reply will be returned to the vendor and not considered unless resubmitted by the due date and time. Vendors may also send a change in a sealed envelope to be opened at the same time as the reply. The ITN number, due date and time should appear on the envelope of the

modified reply.

22) OPENING OF SEALED REPLIES All reply openings are open to the public. Replies will be opened by the Department at the date, time and location in the Timeline (See Introduction Section 2 Timeline). The public may attend the opening but may not review any replies submitted until they become public records in accordance with Section 119.07, Florida Statutes.

23) QUALIFICATIONS QUESTIONNAIRE/SHORT-LIST EVALUATION CRITERIA The initial replies received timely will be evaluated qualitatively for each of the criteria addressed in the “Qualifications Questionnaire” for the purpose of determining the short-list of vendors that best meet the requirements of the Department and are reasonably susceptible of award. The grades resulting from the review/evaluation of the responses to this questionnaire will not be included in decisions beyond determining the initial short-list of vendors to proceed in the ITN process. The following format has been established for evaluating the Qualification Questionnaire.

A. Complete response, full understanding of questions and related scope elements. B. Complete response, but minor omissions in understanding of the questions and related scope

elements. C. Complete response, but some responses lack enough detail to demonstrate complete understanding

of questions and related scope elements. D. Incomplete response, incorrect understanding of some questions and/or scope requirements.

24) ORAL PRESENTATIONS

The vendors selected for the short-list will each be scheduled to meet with the Technical Review Team to provide an oral technical presentation of their firm's capabilities and approach to the Scope of Services beginning on the date in the Timeline (See Introduction Section 2 Timeline). Short-listed vendors will be notified of a time and date for oral technical presentation. Oral technical presentation sessions are not open to the public. The vendors preliminary price proposal will be turned in at the beginning of the oral presentation. These oral technical presentations will be used to present the vendor's approach and improve understanding about the Department's needs and expectations with questions and answers at the end of the vendor's oral technical presentation. The Technical Review Team will participate in all presentations. After each oral technical presentation, each individual on the Technical Review Team will complete a written summary evaluation of each vendor's technical approach, capabilities, and prior relevant experience. The oral presentations will be held by the Department of Transportation on Tuesday, May 5, 2015 beginning at 7:30 AM (local time) in the Emergency Operations Conference Room of the District Three Operations Building, Florida Department of Transportation, 1074 Highway 90 in Chipley, Florida. The order of the presentations will be determined by random drawing and the time frames for the presentations will be as follows: 5 minutes for set-up 20 minutes for formal presentation 25 minutes for questions & answers period 5 minutes for take down The following information should be considered when preparing for the oral presentations:

Presentations shall be project specific

Presentations should demonstrate an awareness of project issues, explanation of the proposed approach, and plans of staffing for the project.

PSU shall serve as timekeeper for the Oral Presentations and Q&A Session

Approximately 5 minutes each are allowed for set-up and breakdown.

Questions can be both standard (asked of all vendors) and clarifying (related to a point addressed by the Vendor in the Oral Presentation).

A maximum of 6 attendees per Vendor team is permitted.

Leave-behinds of only the slides for the PowerPoint presentation are allowed. The leave-behinds shall not include any additional documentation other than the slides presented in the actual presentation.

25) PROPOSED NEGOTIATION PROCESS

The Department reserves the right to negotiate separately (Method “A”) or concurrently (Method “B”) with competing vendors, as set out below. The participating vendors should be cognizant of the fact that the Department, upon completion of each step, reserves the right to finalize the negotiation process at any time in the proposed process that the Department determines such selection would be in the best interest of the state. Replies should be prepared to provide a straightforward, concise description of the vendor’s ability to meet the requirements and to allow the Department to properly evaluate the vendor’s reply. Step 1) Interested vendors must submit the following to the "Procurement Agent" identified on the cover page by date, time and location in the Timeline (See Introduction Section 2 Timeline).

- Qualifications Questionnaire - with additional sheets as needed to address and respond to all questions completely (see Special Condition 9)

- Preliminary Price Proposal or Pricing Scheme

Step 2) There will be a public meeting of the Technical Review Team, composed of at least three members, for the purpose of evaluating the initial replies received timely and selecting the short-list of vendors that best meet the requirements of the Department and are reasonably susceptible of award. The Technical Review Team will complete a written summary evaluation of each vendor's response to the criteria addressed in the Qualifications Questionnaire (see Special Condition 9) to determine the short-list of vendors to proceed to Step 3 in the competitive negotiation process. The public meeting will be held at the date, time and location in the Timeline. The short-list selection of vendors that best meet the requirements of the Department will be posted in accordance with law and rule (see Special Condition 26). Step 3) The vendors selected for the short-list will each be scheduled to meet with the Technical Review Team to provide an oral technical presentation of their firm's capabilities and approach to the Scope of Services. These oral technical presentations will be used to present the vendor's approach, and improve understanding about the Department's needs and expectations with questions and answers at the end of the vendor's oral technical presentation. The Technical Review Team will participate in all presentations. After each oral technical presentation, each individual on the Technical Review Team will complete a written summary evaluation of each vendor's technical approach, capabilities, and prior relevant experience. Following oral technical presentations by all short listed vendors, there will be a public meeting of the Technical Review Team for the purpose of either ranking the vendors or electing to conduct concurrent negotiations with all short listed vendors. The public meeting will be held at the date, time and location in the Timeline. If the Department is capable of ranking the vendors, the Technical Review Team will rank the vendors in order of preference and post the ranking in accordance with the law (see Special Condition 26), stating the Department’s intent to negotiate separately and award a contract to the highest ranked vendor that reaches an acceptable agreement with the Department. From that point on, the single negotiation process (Method “A”) would be followed. Go to Step A1. If the Department does not rank the vendors and elects to conduct concurrent negotiations with all short-listed vendors, the concurrent negotiation process (Method “B”) would be followed from that point on. Go to Step B1. Step A1 - Once the posting period has ended, the Technical Review Team will undertake negotiations with the first-ranked vendor until an acceptable contract is agreed upon, or it is determined that an acceptable agreement cannot be reached with such vendor. If negotiations fail with the first-ranked vendor, negotiations may begin with the second-ranked vendor, and so on until there is an agreement on an acceptable contract.

The Department reserves the option to resume negotiations that were previously suspended. Negotiation sessions are not open to the public and all negotiation sessions will be recorded by the Department. Step A2 - The Technical Review Team will provide a short plain statement for the procurement file that explains the basis for vendor selection and how the vendor's deliverables and price will provide the best value to the state. Step A3 - The Department will contract with the successful vendor. Step B1 - Following oral technical presentations by all short-listed vendors, the project manager may revise the Scope of Services, as necessary, to eliminate unnecessary requirements and incorporate innovative ideas and approaches that the project manager believes would benefit the state. Documentation of changes/revisions to the Scope of Services/Specifications, etc., will be retained in the procurement file. All participating vendors will be sent a revised Scope of Services and will be asked to submit a written summary of their firm's capabilities and technical approach to the revised Scope of Services and a preliminary price proposal. Step B2 - Each participating vendor will be scheduled to meet with the Technical Review Team to review and negotiate both the vendor’s technical and price proposals and discuss any issues or problems. Negotiation sessions are not open to the public and all negotiation sessions will be recorded by the Department. Step B3 - Each individual on the Technical Review Team will complete a written summary evaluation of each vendor’s technical approach, capabilities, prior relevant experience, and price proposal. Step B4 – There will be a public meeting of the Technical Review Team at the date, time and location in the Timeline to review the individual summary evaluations to either rank the vendors in order of preference and make a final selection, or make a determination to repeat Steps B1 through B3, if necessary. Recorded documentation of subsequent rounds will be retained in the procurement file. Step B5 - The Technical Review Team will write a short plain statement for the procurement file that explains the basis for vendor selection and how the vendor's deliverables and price will provide the best value to the state. Step B6 - The intended award will be posted in accordance with law (see Special Condition 26). Step B7 - The Department will contract with the selected vendor.

26) POSTING OF SHORTLIST, RANKING AND / OR INTENDED AWARD 26.1 The Shortlist, Ranking and / or Intended Award, as applicable, will be made to the responsive and

responsible vendor(s) which are determined to be capable of providing the best value and best meet the needs of the Department. The Shortlist, Ranking, or Intended Award decision will be announced at the date, time and location in the Timeline.

26.2 The Department’s decision will be posted on the Florida Vendor Bid System, at www.myflorida.com,

(click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, on date and time in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any vendor who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after posting of the Intended Award, (the

notice of protest may be Faxed to 850-414-5264), and 2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes,

within ten (10) days of the date on which the written notice of protest is filed. At the time of filing the

formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

3. If the Department is unable to post as defined above, the Department will notify all vendors by

electronic notification on the Florida Vendor Bid System (see special condition 26.2, above) or by mail, fax, and/or telephone. The Department will provide notification of any future posting in a timely manner.

27) AWARD OF THE CONTRACT Services will be authorized to begin when the Vendor receives the following document(s), as appropriate, indicating the encumbrance of funds and award of the contract: a) A Standard Written Agreement executed by both parties, a written Notice to Proceed, and letter of

authorization issued by the Project Manager.

28) RENEWAL

Upon mutual agreement, the Department and the Contract Vendor may renew the Contract for a period that may not exceed 3 years or the term of the original contract, whichever is longer. The renewal must be in writing and signed by both parties, and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties. Any renewal shall specify the renewal price, as set forth in the solicitation response except that an agency may negotiate lower pricing. Renewal is contingent upon satisfactory performance evaluations and subject to the availability of funds.

29) ATTACHED FORMS Anticipated DBE Participation Statement (Form 375-040-63) Bid Opportunity List Scrutinized Companies Lists (contracts of $1 million or more)

30) ATTACHED TERMS AND CONDITIONS

Exhibit "A", Scope of Services / Specification Exhibit “B”, Method of Compensation Exhibit “C”, Preliminary Price Proposal Standard Written Agreement General Conditions (PUR 1000) Instructions to Respondents (PUR 1001)

31) TERMS AND CONDITIONS

All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed:

Special Conditions Scope of Services / Specification Method of Compensation

Price Proposal Form Standard Written Agreement Instructions to Respondents (PUR 1001) General Conditions (PUR 1000)

Introduction Section

32) ATTACHED FORMS PUR 1000, GENERAL CONTRACT CONDITIONS AND PUR 1001, GENERAL

INSTRUCTIONS TO RESPONDENTS

These are standard forms from the Department of Management Services that the Department is required to include in all formal solicitations. The following paragraphs do not apply to this Invitation to Negotiate: Paragraph 31, Dispute Resolution - PUR 1000

Paragraph 3, Electronic Submission – PUR 1001 Paragraph 4, Terms and Conditions – PUR1001 Paragraph 5, Questions – PUR 1001

33) LIABILITY INSURANCE The Vendor shall not commence any work until they have obtained the following types of insurance, and a certificate of such insurance has been received by the Department. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor

has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida

Department of Transportation, Procurement Office, Lesley Dunnivan 1074 Highway 90, Chipley,

Florida 32428 within ten (10) days after the ending date of the period for posting the intended award

decision. The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000.00 per person and $1,000,000.00 each occurrence, and property damage insurance of at least $ 1,000,000.00 each occurrence, for the services to be rendered in accordance with this contract. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Contract. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. The Department shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor or subcontractor providing such insurance. Policies that include Self Insured Retention (SIR) will not be accepted.

34) PERFORMANCE BOND

A Performance Bond is not required for this project.

35) METHOD OF COMPENSATION See Exhibit “B”, Method of Compensation attached hereto and made a part hereof.

36) LIQUIDATED DAMAGES

The Vendor acknowledges that failure to meet the performance standards established in the Scope of Services, the Department shall exercise the remedy of liquidated damages against the Vendor as specified in Section 7 of the Scope of Services. The Parties agree that if the Department allows the Vendor to continue and finish the services, or any part of it, after the expiration date of the time allowed, that the Department‘s action shall in no way act as a waiver on the part of the Department of the liquidated damages due under this contract.

EXHIBIT "A"

FLORIDA DEPARTMENT OF TRANSPORTATION

DISTRICT THREE

SCOPE OF SERVICES FOR

Regional Transportation Management Center (RTMC) at Chipley

FMS/RTMC Maintenance Support Services

Contract Number: ITN-DOT-14/15-3023LD

Financial Project Number: 432610-1-72-07

i

TABLE OF CONTENTS:

TABLE OF CONTENTS: .................................................................................................................................... i

1.0 PURPOSE AND BACKGROUND INFORMATION.................................................................................. 1

1.1 Purpose ......................................................................................................................................... 1

1.2 System Location ............................................................................................................................ 1

1.3 System Components ..................................................................................................................... 2

1.3.1 Communication Infrastructure ............................................................................................. 2

1.3.2 ITS Field Devices .................................................................................................................... 2

1.3.3 RTMC Hardware and Software ............................................................................................. 3

1.3.4 Electrical Power Systems ...................................................................................................... 3

1.4 Other Contractors and Vendors .................................................................................................... 3

1.5 List of Acronyms and Definitions .................................................................................................. 4

2.0 PERFORMANCE MEASURES AND GOALS .......................................................................................... 6

2.1 System Reliability Performance Measure ..................................................................................... 6

2.2 RPM Performance Measure .......................................................................................................... 6

3.0 SYSTEM MAINTENANCE SERVICES .................................................................................................... 6

4.0 CONTRACT ADMINISTRATION ........................................................................................................... 7

4.1 Communication and Meetings ...................................................................................................... 7

4.2 TWO and Payment Terms ............................................................................................................. 7

4.3 Minimum Qualification ................................................................................................................. 8

4.4 Staffing .......................................................................................................................................... 9

4.4.1 Contractor’s Project Manager ............................................................................................. 10

4.4.2 System Network Manager .................................................................................................. 10

4.4.3 System Maintenance Technicians ....................................................................................... 14

4.4.4 Staff Training ....................................................................................................................... 18

4.4.5 Hiring Background and Security Vetting Process ................................................................ 19

4.4.6 Criminal Record and Background Check ............................................................................. 19

4.4.7 Drug-Free Work Place ......................................................................................................... 20

4.4.8 Employee Conduct and Grooming ...................................................................................... 20

4.5 Vehicles ....................................................................................................................................... 21

ii

4.5.1 Pickup Truck or Utility Van .................................................................................................. 21

4.5.2 Bucket Truck ........................................................................................................................ 21

4.5.3 Vehicle Markings ................................................................................................................. 21

4.5.4 Other Vehicles ..................................................................................................................... 22

4.6 Equipment, Small Parts and Tools .............................................................................................. 22

4.7 Warranty Return Service Management ...................................................................................... 23

4.8 Spare Parts Inventory Control ..................................................................................................... 23

4.9 Specifications for Replacement Part Procurement ..................................................................... 24

5.0 SYSTEM AND COMPONENT MAINTENANCE ................................................................................... 24

5.1 Trouble Ticket and Inventory Management System ................................................................... 24

5.2 Diagnostic and Troubleshooting ................................................................................................. 25

5.3 Major Repairs, Parts Replacement and Materials ...................................................................... 25

5.4 Video Wall and RTMC Communication Maintenance ................................................................ 27

5.5 Equipment and Network Modification ....................................................................................... 28

5.6 Routine Preventative Maintenance ............................................................................................ 28

5.7 Emergency Response Service ...................................................................................................... 29

5.8 Component Testing and Calibration ........................................................................................... 30

5.9 Maintenance of Traffic (MOT) Plans and Installation ................................................................. 30

5.10 Conduit Locates ........................................................................................................................... 31

5.11 Communications Network Installation/Repairs .......................................................................... 31

5.12 Emergency Power for System Devices ........................................................................................ 32

5.13 Portable Devices ......................................................................................................................... 32

6.0 REPORTS .......................................................................................................................................... 32

6.1 Device Logs .................................................................................................................................. 33

6.2 Device Availability Matrix ........................................................................................................... 33

6.3 ITSFM Support and Maintenance ............................................................................................... 34

6.4 Contract Records ......................................................................................................................... 34

6.5 Preventative Maintenance Checklists ......................................................................................... 35

6.6 Monthly Status Reports .............................................................................................................. 35

6.7 Quarterly Status Reports ............................................................................................................ 36

7.0 INVOICING ....................................................................................................................................... 37

7.1 Liquidated Damages .................................................................................................................... 37

iii

7.1.1 Invoice Payment Deductions .............................................................................................. 37

7.1.2 Invoice Percentage Deductions........................................................................................... 38

8.0 CONTRACT TERM ............................................................................................................................ 38

9.0 TERMINATION ................................................................................................................................. 38

ATTACHMENTS:

Attachment 1: Preliminary Warranty Information.

Attachment 2: Initial Spare Parts Inventory.

Attachment 3: RPM Schedule and Sample RPM Plan.

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EXHIBIT “A”

SCOPE OF SERVICES FOR

REGIONAL TRANSPORTATION MANAGEMENT CENTER (RTMC) AT CHIPLEY

FMS/RTMC MAINTENANCE SUPPORT SERVICES

1.0 PURPOSE AND BACKGROUND INFORMATION

1.1 Purpose

The Florida Department of Transportation, District 3 (hereafter referred to as Department) requires

Routine Preventative Maintenance (RPM), Responsive Maintenance, and diagnostic and replacement

services by qualified personnel (hereafter referred to as Contractor). The Contractor will provide these

services for Intelligent Transportation System (ITS) communication infrastructure and field devices,

Regional Traffic Management Center (RTMC) ITS network, ITS communication network, and operator

SunGuide® work station’s hardware and software (hereafter referred to as System). This Scope outlines

the maintenance services required for the System. The Contractor shall maintain all components of the

System and manage all facets of warranties, maintenance agreements, and configuration identification

that are necessary to support the System. This Contract includes services for the System currently being

deployed, configured, integrated and tested as well as any new installations throughout the term of the

Contract.

1.2 System Location

The Contractor shall be responsible for all services listed in this Contract in the following counties: Santa

Rosa, Okaloosa, Walton, Holmes, Washington, Jackson, Bay, and Gadsden. In unusual circumstances,

and with the written permission from the Department, the Contractor may perform services in any

other County within District 3. Primarily, ITS operations are managed by the RTMC located in Chipley,

Florida. The Chipley RTMC operates seven (7) days a week and twenty-four (24) hours a day. The System

area includes I-10 from mile marker 32 to 190 (158 centerline miles), US 231 from mile post 10 (at CR

2031) in Bay County to the Alabama state line (56 center miles), and US 90 from US 2031 to the Chipley

RTMC (10 centerline miles). The Department is continuing its process of deploying the System.

The Department will provide traffic signal connections to the following locations for the Bay County

signals

1. US 231 at CR 388 School Flasher Connection

2. US 231 at SR 20 Signal Connection

3. US 231 at Penny Road Signal Connection

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At these three locations, Bay County’s responsibility is the drop cable outside of the splice box to the

traffic signal cabinet and all related traffic signal components and equipment. The Contractor is

responsible for the splice box and all the ITS equipment at these three locations.

1.3 System Components

1.3.1 Communication Infrastructure

The ITS communications infrastructure is a combination of Department owned and local public agency

infrastructure including one gigabit (1 Gb) and ten gigabit (10 Gb), Layer 2 and Layer 3 Ethernet

networks over fiber optic cables, respectively. The communication infrastructure provides links between

the RTMC and the Department’s ITS field devices and Center-to-Center (C2C) communication with other

traffic management centers (TMC) and Traffic Signal Operation Center (TSOC). This includes, but not

limited to, Escambia County TSOC, Pensacola SunGuide® RTMC, Pensacola TSOC, Okaloosa County TMC,

Bay County TMC and Tallahassee SunGuide® RTMC. Future C2C connections are planned with FDOT

District 2 SunGuide® RTMC and possibly with other Districts. The Department also uses Ethernet over

wireless radios for communication with some ITS field devices.

1.3.2 ITS Field Devices

The Department’s ITS field devices include close Circuit Television (CCTV), Microwave Vehicle Detection

System (MVDS), Travel Time System (TTS), Dynamic Message Signs (DMS), Roadway Weather

Information Systems (RWIS), Arterial DMS (ADMS), Highway Advisory Radio (HAR) and all associated

equipment such as, camera lowering systems, ITS cabinets, and all related hardware, software and

firmware for the System.

The number of field devices along I-10 and US 231 are shown below.

CCTV MVDS TTS DMS RWIS ADMS HAR

184 141 40 17 3 2 8 Source: I-10 Design Build Project (FPID 428403-1-52-01).

Note that there are no ITS field devices installed along US 90 except for the fiber optic network to

connect to the Chipley RTMC.

The Department is continuing its process of deploying the System as well as evaluating whether to add

more devices to the System within the duration of this Contract. Therefore, the Contractor shall field

verify and prepare an inventory of the System and keep it up-to-date as upgrades and additions are

deployed to the System during this Contract.

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1.3.3 RTMC Hardware and Software

The hardware and software include all devices and equipment needed to make Chipley RTMC a fully

functional SunGuide® RTMC. The System uses a state-owned software known as SunGuide® as the user

interface between the RTMC Operators and the ITS field devices. The SunGuide® software uses both

application server(s) and database server(s). The ITS communion infrastructure is supported by

redundant Layer 3 Ethernet Core Switches. The flat panel video wall is augmented by additional wall

monitors and the video wall controller hardware and software. Four (4) SunGuide® operator work

stations are installed on consoles for use by RTMC Operators using the SunGuide® software and internet

to provide freeway management services, Traffic Incident Management (TIM), and dispatch and traveler

information services.

1.3.4 Electrical Power Systems

The electrical power systems provide power to ITS field devices, cabinets, and communication hubs and

to the RTMC hardware. The electrical power system consists of commercial electric power, disconnects,

transformers, surge protection devices, grounding, lightning protection, solar panels, uninterruptible

power supplies (UPS), batteries, electrical distribution cabling and portable and permanent generators.

Electrical service at communication hubs located in the Department’s microwave tower shelters will be

maintained by others. The Contractor shall be responsible for all costs associated with providing power

to devices associated with the System with the exception of the RTMC and microwave tower shelters.

Server room UPS and generator backup power systems and equipment will be maintained by the

Contractor.

1.4 Other Contractors and Vendors

The Department has acquired the services of several Contractors and Vendors to operate and maintain

the System described in this Scope. These Contractors and Vendors include but are not limited to:

World Fiber Technologies, Inc. (WFTI): WFTI is responsible for the initial installation, integration,

and testing of the System components. WFTI will provide warranties, repairs and replacements

for most System elements as shown in Attachment 1. WFTI will provide the initial spare parts

replacement inventory as shown in Attachment 2. WFTI will provide some maintenance support

and RPM support as shown in Attachment 3.

RTMC Operations Vendor (TBD): Responsible for operating RTMC System components designed

for Operator’s use, such as Department-provided workstations, desktop monitors, video wall,

SunGuide® software, etc. RTMC Vendor is responsible for initiating System component trouble-

tickets and monitoring progress of maintenance issues until they are completely resolved. They

are also responsible for keeping records of the component and device outages and supporting

the Department’s generation of component reports and property assigned to the RTMC.

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Road Ranger Service Patrol Vendor (TBD): Responsible for providing all Road Ranger services

including Road Ranger Vehicles and Operators. Their services include remote access to the

SunGuide® event log via Smartphone application. The Road Ranger Operators respond to traffic

incidents, removal of minor debris from the roadway, provide assistance to disabled vehicles

and provide limited traffic control to support incident scene safety.

SunGuide® Support Contractor (Southwest Research Institute or SwRI): Provides training,

support, and software updates (release versions, hot fixes and patches) for the SunGuide®

central system software including both SunGuide® database and application software. SwRI is

responsible for installations of new software versions.

State of Florida Purchase Contracts: These contracts provide means for efficient and cost

effective purchase of System component replacement parts and materials.

The Contractor shall coordinate and cooperate with these entities as needed to ensure successful

accomplishment of the requirements of this Contract.

1.5 List of Acronyms and Definitions

Term Definition

ADMS Arterial Dynamic Message Sign

A/V Audio/Visual

APL Approved Products List

AVI Audio Video Interleave

C2C Center-to-Center

CCISP Certified Information Systems Security Personnel

CCNA Cisco Certified Network Administration

CCNP Cisco Certified Network Professional

CCTV Closed Circuit Television

CMB Change Management Board

Component Any part, device, hardware, firmware or software comprising the System.

DMS Dynamic Message Sign

DMX Data Mining Extensions

DOT Department of Transportation

EOC Emergency Operation Center

FDOT Florida Department of Transportation

FLATIS Florida Advanced Traveler Information System

FUSION

A FUSION center is a collaborative effort of state and federal agencies working in partnership with local partners to share resources, expertise, and/or information to better identify, detect, prevent, apprehend and respond to criminal and terrorist activity utilizing an all crimes/all hazards approach.

GPS Global Positioning System

HAR Highway Advisory Radio

HTTP Hyper Text Transfer Protocol

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Term Definition

HTTPs Hyper Text Transfer Protocol Secured

IGMP Internet Group Management Protocol

ISP Internet Service Provider

ITS Intelligent Transportation Systems

ITSFM ITS Facility Management

LAN Local Area Network

LED Light Emitting Diode

MAC Media Access Control

MAS Motorist Awareness System

MBE Minority Business Enterprise

MDX Multidimensional Expressions

MVDS Microwave Vehicle Detection System

NTP Network Time Protocol

OEM Original Equipment Manufacturer

OIS Office of Information System

OTDR Optical Time Domain Reflectometers

PIM Protocol Independent Multicast

QPL Qualified Products List

RPM Routine Preventative Maintenance

RTMC Regional Traffic Management Center or Chipley RTMC

RWIS Road Weather Information System

Service All work provided by the Contractor in this Contract.

SQL Structured Query Language

STP Spanning Tree Protocol

SUE Subsurface Utility Exploration

SunGuide® FDOT operates a statewide program known as SunGuide® to manage and maintain ITS) of it region. More information can be found at http://www.sunguide.info/index.php.

SwRI Southwest Research Institute

System All ITS communication and ITS field devices and RTMC components.

TIM Traffic Incident Management

TMC Traffic Management Center

TSOC Traffic Signal Operations Center

TTS Travel Time System

TWO Task Work Order

UDP User Datagram Protocol

UPS Uninterruptible Power Supply

VLC Video LAN Client

WFTI World Fiber Technologies, Incorporated (Warranty Support)

WMI Windows Management Instrumentation

http://www.sunguide.info/index.php

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2.0 PERFORMANCE MEASURES AND GOALS

This contract has important Performance Measure elements that may affect payment. The objective of

services under this Contract is to ensure continuous (24 hours a day, 7 days a week) operation and

functionality of the System and all its components.

2.1 System Reliability Performance Measure

The Contractor shall maintain the Systems to achieve maximum System’s availability and minimum

average device downtime. The goals are listed in the following table.

System

Minimum Percent

Availability Goal

Corresponding Average Device Downtime

Per Year Per Month Per Week

FMS 98% 7.30 days 14.4 hours 3.36 hours

RTMC 99% 3.65 days 7.20 hours 1.68 hours

2.2 RPM Performance Measure

The Contractor shall complete RPM of 100% of the System (components and frequency) in accordance

with the approved RPM Plan. The RPM Schedule and a sample RPM Plan is provided in Attachment 3.

The Contractor shall prepare and submit RPM Plan for Department’s approval. The RPM Plan shall cover

all System components. The RPM Plan shall comply with manufacturer’s routine maintenance action and

frequency and other actions deemed necessary by the Contractor to attain System Reliability

Performance Measure. The Contractor’s RPM Plan shall be submitted for the Department’s review and

approval no later than 14 days after the Department posts intent to award. The Contractor shall

respond to the Department’s comments to prepare the initial RPM Plan. Contractor shall update the

RPM Plan throughout the Contract duration, as needed, to address new System elements, element

changes, or identified deficiencies in the Plan. The Department’s approval of the RPM Plan will not be

considered a basis for exception in the event the System Reliability performance measure is not

achieved by the Contractor.

Throughout the term of this Contract, the Department may conduct reviews of the Contractor’s

operations. The Contractor shall cooperate with and assist the Department throughout this review

process.

3.0 SYSTEM MAINTENANCE SERVICES

The System maintenance Services includes the following:

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Section 4.0 – Contract Administration.

Section 5.0 – System and Component Maintenance.

Section 6.0 – Reporting and Invoicing.

4.0 CONTRACT ADMINISTRATION

4.1 Communication and Meetings

All correspondence between the Department and the Contractor related to staffing changes, work hour

changes, plans and cost estimates for repair and/or replacement work, Task Work Order (TWO), RPM

plan approvals/changes, etc. shall be given in writing via e-mail.

The Department requires all personnel responsible for answering and responding to all service needs of

the System to have cellular telephones with e-mail capabilities. The Contractor shall be responsible for

maintaining the communications devices and all fixed and recurring costs for these devices throughout

the term of this Contract. These costs shall be considered part of the operating expenses of this

Contract. The Contractor shall immediately notify RTMC Manager if there are any problems with the iOS

or Android devices. The Department will have iOS and Android Smartphones with phone numbers for

this Contract. One of these numbers are to be posted on the locate markers and this number will be

transferred to the Contractor’s on-call personnel. All cellphones and portable devices shall meet

Department’s security guidance. For example, e-mail and other electronic communication shall be

encrypted. The Contractor shall adhere to applicable Department’s procedures for Office of Information

System (OIS)/ITS.

A monthly status meeting may be called upon by the Department with the Contractor Project Manager.

The Contractor Project Manager may invite any other personnel from their staff to this meeting to

provide input on the ongoing TWO and discuss upcoming TWO as long as this does not interfere with

their daily duties. The meetings associated with this Contract may be held in Chipley, Pensacola, or

Tallahassee as requested by the Department.

4.2 TWO and Payment Terms

All services shall be performed on a TWO basis. Work estimates shall be prepared by the Contractor for

all TWO’s and submitted to the Department for review and approval. The TWO’s shall include at a

minimum: schedule, personnel, hours, equipment and/or resources, documentation of work to be

performed, travel requirements, if outside of Contract area, itemized cost breakdown, and work

schedule.

No work shall be undertaken by the Contractor unless it has been authorized by the Department. Each

TWO issued by the Department shall serve as a formal notice-to-proceed and may include an effective

time period for the particular TWO being issued. The description of work as described in the TWO shall

be used to create a checklist that will be used by the Contractor’s Project Manager to ensure all work

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has been completed. The checklist shall be furnished to the Department with the Contractor Project

Manager’s signature indicating the work has been completed as described and the equipment is fully

operational. Work beyond that which is defined shall require a separate TWO or revision to be

authorized.

Payment for services under all TWO will be in accordance with Exhibit “B”, Method of Compensation,

and by the amounts established in Exhibit “C”, Price Sheet. Upon completion, the work shall be subject

to an inspection by the Department. Work that is determined to be of poor quality or a quality less than

the original installation shall be re-performed at no cost to the Department. Final payment for each

TWO shall not be rendered by the Department until all services of that TWO have been performed to

the Department’s satisfaction. The Department will have 21 calendar days for inspection of services.

It shall be Contractor’s responsibility to respond to TWO according to the work priorities assigned in this

Contract or as agreed to in an individual TWO. The table below shall be a baseline for this Contract. The

response time is from the time of notification by the Department to the Contractor until the time the

Contractor personnel and vehicles are deemed to be “on the way” to the site of the problem.

Work Priority Description Response Time

EMERGENCY

Any System infrastructure item that is in a condition that is unsafe and/or may present a life threatening condition, i.e., structural failure or potential structure failure due to traffic incident or weather damage, electrical risks, or potential fire risks.

30 minutes during normal business hours and 1 hour after normal business hours

URGENT

Any System component which results in more than one field device being down or unusable by the Traffic Management Center, or creates the potential for a system-wide outage. This includes on-call response during afterhours and weekends.

3 Hours

PRIORITY Any System infrastructure or component service request for general service or installation as deemed a priority by the Department.

6 Hours

NORMAL All other calls. Next Business Day (DOT Holidays Excluded)

The Department may, at its discretion, issue an emergency TWO with encumbered funds in place for any

emergency. The Contractor shall respond to this TWO at the Department’s verbal or written request, but

may not exceed the amount of the TWO without further authorization.

4.3 Minimum Qualification

The Contractor shall have at least one person on its staff that is certified by the American Traffic Safety

Services Association as a Worksite Traffic Supervisor.

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The Contractor shall have at least one System Maintenance technician as certified Journeyman or

Master Electrician capable of servicing and maintaining the various electrical components included in

the System.

The Contractor shall have at least one System maintenance technician with training specific to the RTMC

hardware, software, and network components prior to hiring.

These requirements shall be met throughout the term of this Contract.

4.4 Staffing

The Contractor shall provide all staffing necessary to efficiently and effectively perform System’s

maintenance services. The Contractor shall keep a staff of adequate size to respond to all requirements

of this Contract at all times during the term of this Contract. Any changes in the indicated personnel in

charge or identified to work on this Contract shall be subject to review and approval by the Department

in writing before performing any services for this Contract. All personnel requests must be accompanied

by a current resume and description of the duties for which the individual being proposed will be

responsible. The Contractor’s work shall be performed and/or overseen by the key personnel identified

during negotiations.

If the Department initiates a TWO involving any design work, the Contractor shall ensure the plans are

developed per Department standards and shall be signed and sealed by a State of Florida registered

Professional Engineer. Approval of and payment for the Professional Engineer shall be negotiated with

the applicable TWO.

The Contractor shall supply dependable and skilled staff to the Contract that are qualified and trained

for their trade as deemed necessary by the Department. The Contractor shall continuously monitor

personnel activity as part of its own management activity. The Department will make periodic reviews to

verify that the project control and management procedures are assuring project performance in

reasonable conformity to Department procedures, plans, specifications, and Contract provisions. The

Contractor shall assist the Department in these reviews.

When deficiencies are identified in a review, the Contractor will immediately implement remedial

measures to eliminate any deficiencies. These remedial actions may include further training of the

Contractor’s personnel (in scope and/or frequency), subdivision of staff responsibilities, additional staff,

or replacement of personnel whose performance is considered substandard.

The Contractor shall provide a staffing plan for the Department’s review and approval no later than 14

calendar days after the Department posts the intent to award. The staffing level may change during the

Contract duration upon advance notification from the Department. The personnel assigned by the

Contractor shall be fully qualified and trained to handle all sections under this Contract for the term of

this Contract. The technicians shall be cross-trained to support each other, as necessary. At a minimum,

the Contractor’s staffing plan shall include:

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4.4.1 Contractor’s Project Manager

The Contractor’s Project Manager shall have a minimum of five years’ experience for Contracts of similar

scope to this Contract. The Contractor’s Project Manager shall be on-call at all times and available to

the Department on-site and by phone a minimum of eight hours per week to support TWO and other

project management and reporting services. Actual Contractor’s PM hours will be subject to negotiation

and approval with each TWO.

4.4.2 System Network Manager

The Contractor shall designate a full-time, qualified and dependable System Network Manager. The

System Network Manager shall guide and supervise all Contractor maintenance services and personnel

required by this Scope. The System Network Manager will report to and coordinate all duties with the

District 3 LAN Administrator. Additionally, the System Network Manager shall function as a full-time on-

site assistant to the Contractor’s Project Manager. The Network Manager shall adhere to Department

policies and procedures for computer security and auditing. Duties of the System Network Manager

include, but are not limited to:

1. Server Systems Management:

a) Determine needs for hardware upgrades and develop procurement specifications. b) Implement new servers, replace older server, or increase System capacity. c) Monitor SunGuide® servers and evaluate log files in an effort to provide optimum server

performance d) Perform preventative maintenance on ALL servers within the computer room by

reviewing event logs, seeking out potential problems, and taking corrective measures to minimize System downtime.

e) Work with the Department on server systems licensing and replacement planning.

2. Storage Area Network:

a) Manage ITS Local Area Network and server connections. b) Monitor capacity and add volume space as needed. c) Coordinate support with EMC.

3. Communication Infrastructure Management:

o Monitor and troubleshoot the one gigabit (1 Gb) and ten gigabit (10 Gb) Layer 2 and

Layer 3 Ethernet networks.

o Monitor and troubleshoot C2C communication with other TMC and TSOC.

o Monitor and troubleshoot wireless communication.

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4. Field Device Management:

a) Check video source using Device manager software and VLC. b) Check detector status using SunGuide®. c) Check CCTV, DMS, ADMS, MVDS, RWIS, TTS and HAR status using SunGuide®. d) Check CCTV, DMS, ADMS, MVDS, RWIS, TTS and HAR status using network monitoring

tool. e) Troubleshoot failed CCTV, DMS, ADMS, MVDS, RWIS, TTS, and HAR. f) Use vendor software and diagnostic tools to remotely troubleshoot and repair any failed

detector configuration or device settings. Dispatch field technicians, via Contractor’s trouble ticket system, to respond to any devices that are non-repairable remotely, and provide technical guidance and support when needed.

5. Media Video Distribution:

a) Support communications infrastructure to Department approved media outlets. b) Update the SunGuide® server with new cameras as they become available and are

approved for installation by the Department. c) Perform Department approved training.

6. Network Backups:

a) Perform routine backups of system servers and administrator workstations. b) Perform backup of SunGuide® database and store current version onsite and offsite. c) Test Backups as needed to ensure recoverability of data and document results.

7. Video Wall and Audio/Visual (A/V) Systems:

a) Troubleshoot faulty video wall and audio visual systems. b) Troubleshoot systems to determine faults for workstation video, audio and wireless

equipment. c) Manage Video Wall Controller Systems and coordinate maintenance and repair. d) Manage audio Systems to coordinate maintenance and repair e) Communicate with vendor on equipment repair status. f) Change video wall LED/LCD panels as needed and coordinate with the Department as

new panels are required.

8. Inter-networking Connection:

a) Monitor network connectivity for the RTMC and roadway segments. b) Add new devices as necessary to support additional network devices. c) Troubleshoot network outages and coordinate with cable TV service provider technical

support as needed. d) Monitor status of Internet Service Provider (ISP) links and coordinate fault resolution. e) Manage and troubleshoot unicast and multicast video distribution.

9. SunGuide® Maintenance:

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a) Check status of SunGuide® by reviewing log files. b) Check open trouble tickets (footprints). c) Troubleshoot/correct day to day problems with SunGuide® software. d) Attend user's group meetings for SunGuide® to be aware of future changes. e) Plan for installation of patches and upgrades to minimize operational impact. f) Perform installation of patches and upgrades to SunGuide®. g) Provide computer related support to operators and administration staff.

10. Florida Advanced Traveler Information System (FLATIS):

a) Support FLATIS deployed communications system through coordination with Statewide

511 Vendor.

11. Help Desk:

a) Review and confirm help desk tickets for accuracy and non-duplication. b) Attempt basic remote correction/resolution to problems.

12. Power Systems:

a) Check UPS battery bank event logs for errors. b) Check RTMC generator status (weekly). c) Perform monthly generator visual inspections.

13. TSOC Support:

a) Maintain communications and ITS systems. b) Coordinate the use of Sun Guide® resources and provide training. c) Support Traffic Operations staff and vendors during the installation of signal packages

for local County and City agencies.

14. User Management:

a) Add/Remove users to the ITS LAN and SunGuide® as directed by Department Management.

b) Support users with password changes.

15. Other Duties:

a) Work with vendors to gather competitive pricing for products to support the daily operations and technical advancement of the SunGuide® center.

b) Assist in the testing of the fire suppression alarm systems. c) Attend weekly staff meetings and provide IT systems updates. d) Attend SunGuide® Change Management Board (CMB) meetings and provide the ITS

Project Manager with needed information. e) Provide technical support to the FDOT computer systems managers to ensure

compatibility in the RTMC.

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f) Develop, recommend and implement policies and procedures for effective System and Component security management.

g) Coordinate and track any software/hardware licensing, warranties, maintenance agreements and service agreements and new purchases that are needed.

h) Identify computer hardware problems and notify the Department when event status level warrants.

i) Provide and conduct training for all RTMC Operators and maintenance technicians regarding IT protocol for appropriate self-trouble shooting of ITS computer systems within the RTMC.

j) Manage the System spare parts inventory to ensure an appropriate level of replacement hardware is available when needed.

k) Develop and control all user manuals and training documents for all System components for easy access by all levels of users.

l) Develop and maintain trouble-ticket system and provide monthly reports as identified by the Department.

m) Maintain detailed records of all System component Hardware and software and provide monthly reports as identified by the Department.

n) Prepare and write all System/component technical training documents for staff and review training documents to maintain current hardware and software being used in the System.

o) Coordinate component repair and maintenance activities with the ITS System and with the RTMC Operations Vendor and the SunGuide® software vendor, as required.

p) All other tasks assigned by the Department as necessary to meet the System performance measures.

The System Network Manager shall have the following knowledge, skills and abilities, as a minimum:

1. Bachelors' degree in computer science or the equivalent or five (5) years of experience in ITS or

RTMC operations/management of a system or facility with a scope similar to this Scope.

2. Have current professional certifications pertaining to network security (i.e. CCISP, etc.),

Networks (i.e. CCNA, CCNP, etc.), Layer II and Layer III Switches, Servers and Operating Systems.

3. Extensive knowledge of Oracle and Structured Query Language (SQL) database management

and applications.

4. Knowledge of SQL management languages such as Transact, Multidimensional Expressions

(MDX), Data Mining Extensions (DMX), etc.

5. Extensive knowledge of freeway management system control software, such as SunGuide® or

equivalent.

6. Under the guidance of Central Office, achieve the ITSFM Editor Certification.

7. Skills in leadership and interpersonal relationships.

8. Knowledge of key network management concepts.

9. Knowledge of and ability to manager network security equipment, software and protocols.

10. Knowledge of Department’s IT statues, policies and procedures.

11. Knowledge of Department’s public information request policies and procedures

12. Knowledge in Microsoft server and SQL clustering.

13. Knowledge of data archiving, backup and restoration.

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14. Knowledge in one or more server-side scripting languages for network management (WMI, etc.)

15. Knowledge in common network protocols including HTTP, HTTPs, NTP, IGMP, STP, PIM, UDP,

etc.

16. Knowledge of security principles and practices for enterprise and desktop systems.

17. Ability to clearly communicate technical information in non-technical language.

18. Ability and willingness to work alternate work schedules and be "on-call" 24 hours/day.

19. Ability to write technical reports, correspondence, manuals and advertising materials.

20. Ability to coordinate real time activities and priorities.

21. Ability to resolve network issues and optimize network performance.

22. Ability to prioritize work.

23. Ability to present network status reports at meetings.

24. Ability to assist with public and private tours and presentations as needed.

4.4.3 System Maintenance Technicians

The Contractor shall provide a minimum of four full-time, qualified and dependable System Network

Technicians. At least one System maintenance technician shall be designated as Lead Technician or

Foreman for System communication and ITS field device Components outside of RTMC. All four

technicians shall be cross trained to support each other as necessary to complete the Services required

in this Contract. Duties of the System maintenance technicians include, but are not limited to:

1. SunGuide® Maintenance:

a) Check status of SunGuide® by reviewing log files.

b) Check open trouble tickets (footprints).

c) Troubleshoot/correct day to day problems with SunGuide® software.

d) Attend user's group meetings for SunGuide® to be aware of future changes.

e) Plan for installation of patches and upgrades to minimize operational impact.

f) Perform installation of patches and upgrades to SunGuide®.

g) Provide computer related support to operators and administration staff.

h) Add, delete, or modify devices and or their settings.

i) Define detector lanes and travel time segments.

j) Configure and manage SunGuide® EM locations and coordinate data with the RTMC

Manager, District Three ITS Operations staff and Central Office ITS staff.

2. Communication Infrastructure Maintenance:

a) Perform routine preventative maintenance tasks.

b) Perform fiber and electrical service locates.

c) Troubleshoot and repair the one gigabit (1 Gb) and ten gigabit (10 Gb) Layer 2 and Layer

3 Ethernet networks.

d) Troubleshoot and repair C2C communication with other TMC and TSOC.

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e) Troubleshoot and repair wireless communication.

f) Troubleshoot and repair fiber cuts and problems.

3. Field Device Maintenance:

a) Perform routine preventative maintenance tasks. b) Respond to trouble tickets generated by the Operations Vendor. c) Perform troubleshooting and repair for CCTV, DMS, ADMS, MVDS, RWIS, TTS and HAR.

4. Operations Assistance:

a) Work to correct internal IT issues directly affecting internal staff. b) Set up video conference and other technical equipment for management. c) Provide ITS computer related support to operators and administration staff.

5. Help Desk:

a) Review and confirm help desk tickets for accuracy and non-duplication. b) Attempt basic remote correction/resolution to problems. c) Route to maintenance contractor for in-field resolution, if remote resolution does not

work. d) Confirm repairs are working as expected and close associated tickets. e) Look for useful new features which could make the software more useful. f) Implement requested features to enhance the value of the help desk software.

6. FLATIS:

a) Troubleshoot data feed issues to FLATIS. b) Provide preliminary diagnostic and troubleshooting to determine where data feed

problems reside. c) Take corrective action to restore the feed, if the defect is able to be corrected from

RTMC. d) Log help requests from the appropriate agency, if the problem cannot be resolved from

RTMC and work with agency to correct it. e) Keep current with the existing system configuration. f) Notify the appropriate people when new cameras come on line. g) Make changes to internal resources as needed to provide new device data to FLATIS. h) Update and modify Excel spreadsheet to match current location information so updates

can be made to the 511 system by the Vendor. i) Check the consistency of displayed camera snapshots on FLATIS with the display of

cameras within the SunGuide® CCTV system. j) Checking for accuracy of Travel Times displayed on FLATIS by cross-referencing them

with actual current reporting travel times. k) Verify the accuracy of the FLATIS map display and the FL511 informational message. l) These tasks involve reporting to the System Network Manager to follow up on identified

issues.

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7. Footprint Tickets:

a) Gather information on problems and subsequently enter new tickets as problems arise which require assistance from SwRI.

b) Work with SwRI on ongoing tickets providing them with updated conditions, info, and log files to assist them in their resolution.

8. Hardware Vendor Coordination:

a) Troubleshoot ITS hardware problems and try to correct, if possible. b) Contact for vendor support. c) Demonstrate problems and assist vendor when present on site.

9. Data Collection and Reporting:

a) Collect data from various sources (Excel sheets, Databases, data archive logs, etc.) b) Create meaningful output format for requested data so that it is easy to analyze. c) Types of data gathering typically requested: system device data, historical traffic sensor

data, and location configuration data. d) Additional data collection may be required as requested by the Department such as

from BlueTOAD®, WAZE, RWIS, etc.

10. Media Video Distribution System:

a) Update the SunGuide® server with new cameras as they become available. b) Support Media outlet video connection and perform associated training. c) Maintain and develop enhanced functionality to better suit user's needs. d) Support other District's use of software.

11. Camera Snapshot System:

a) Maintain the camera snapshot system software and configuration. b) Support other District’s use of snapshot images.

12. User Management:

a) Add or remove ITS LAN and SunGuide® users, as directed by management, using form

325-060-05. b) Manage the ITS network users accounts.

13. Video Wall and A/V System:

a) Work to troubleshoot faulting video wall and A/V systems working current vendor as

needed. b) Troubleshoot systems to determine faults for ITS workstation video, audio and radio

equipment. c) Change video wall LED panels as needed and coordinate with the Department as new

panels are required.

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14. Other Software Maintenance or Enhancement:

a) Support/Maintain ITS Hub Security system excluding Motorist Awareness System (MAS) microwave shelter hub sites.

b) Troubleshoot and maintain other miscellaneous internal tools. c) Develop/enhance internal tools to make staff more efficient. d) Detailed checks of all CCTV and MVDS detector statuses within SunGuide®. e) Follow up reporting of errors and basic level troubleshooting. f) Completed daily with the intention of maintaining overall system integrity of SunGuide®

for all devices. g) Report to the IT Manager to follow up on recognized issues.

15. Other Duties:

a) Perform monthly generator visual inspections. b) Assist the System Network Manager, as necessary. c) Performs RPM in accordance with the Department’s approved RPM Plan and creates

monthly reports as required by the Department. d) Conduct daily backups for all critical systems and ensure these are available in case

systems need to be restored. e) Monitor Video Wall availability to RTMC Operators. f) Monitor video feeds from other partners to ensure their display on the Video Wall at all

times. g) Implement policies and procedures for effective System security management in

accordance with FDOT guidance h) May develop or assist in development of configuration management plans and their

implementation. i) Miscellaneous tasks as assigned by management which vary with management's needs.

In addition to normal duties, the responsibilities of the Network Support Technician are to assist the

Network Manager in the completion of his work as assigned. Examples of duties performed for this

include, but are not limited to: detailed inventory of IT supplies and storage areas as well as software

and hardware upgrades for ITS operations computers. The Network Support Technicians shall also

provide daily update on the System situation via email to the Network Manager.

The System Network Technicians shall have the following knowledge, skills and abilities:

1. High school degree or equivalent with a secondary education in computer science or equivalent

or two (2) years of experience with maintenance, trouble-shooting and/or replacement of the

System described in this Contract.

2. Have professional computer and network certifications and the ability to attain other

professional certifications relative to the Network, Layer II and Layer III Switches, Severs, and

Operating Systems.

3. Ability to communicate the circumstances of software or hardware problems to other

technicians.

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4. Skills in interpersonal relationships.

5. Ability to clearly communicate technical information in non-technical language.

6. Ability and willingness to work alternate work schedules and be "on-call" 24 hours/day.

7. Ability to create daily, weekly, monthly and yearly reports regarding system availability and help

desk calls.

8. Ability to prepare clear and concise written communications.

9. Ability to communicate effectively in both oral and written form.

10. Knowledge of configuration management principles and practices.

11. Knowledge of SunGuide® software and related software and systems.

12. Knowledge of ITS devices, networks and systems.

13. Ability to Configure and maintain data networks and servers.

14. Ability to implement LAN/WAN maintenance and management procedures.

15. Experience installing and supporting Microsoft server technologies.

16. Knowledge of network security practices.

17. Ability to research technical manuals and guides to respond to user questions.

18. Ability to prioritize requests, organize, schedule, and coordinate a variety of activities and

projects.

19. Ability to learn new software and hardware packages.

20. Ability to work independently and as a team member.

21. Ability to establish and maintain cooperative working relationships with all those contacted

during the course of work.

22. Ability to coordinate real time activities and priorities.

23. Under the guidance of Central Office, achieve the ITSFM Maintainer Certification.

24. Knowledgeable of Florida statues and Department Policies and Procedures relevant to computer

systems.

4.4.4 Staff Training

The Contractor shall supply dependable and skilled staff to the Contract that are qualified and trained

for their trade as deemed necessary by the Department. The Contractor shall provide qualified

instructors and all materials for training Contractor staff in the maintenance, operation, diagnostics, and

troubleshooting of equipment, hardware, software, and firmware for all devices of the system. Training

shall consist of formal classroom lectures, as well as "hands-on" training. "Hands-on" training shall

consist of working with the actual equipment in a workshop and testing of the entire system.

In addition to the training listed in the individual position descriptions, all Contractor staff shall be

trained or certified in the following areas:

1. ITSFM Maintainer and/or Editor. 2. Intermediate MOT. 3. Fiber splicing. 4. Network equipment installation and management.

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5. National Electric Codes for grounding and lightning protection. 6. Surge suppression. 7. Occupational Safety and Health Administration safety training. 8. Network troubleshooting 9. The SOP. 10. Cardiovascular Pulmonary Resuscitation (CPR). 11. SunGuide® software functions and use. 12. Incident Command System courses: IS 100. 13. Department Policies and Procedures required for Contractor access to Department facilities and

computer resources. 14. Other course material as directed by the Department.

For Department required training, the Department will pay for half the labor cost as listed in Exhibit “C”.

If the vehicle is specifically required for the training, the Department will pay the full rate.

4.4.5 Hiring Background and Security Vetting Process

The Contractor will ensure employees meet the following minimum requirements:

1. Current driver license or Florida ID card in accordance with the Florida Statutes. 2. Minimum age of 18 years old. 3. Proof of education, certifications, diploma(s), degree(s), professional affiliation(s). 4. Document the minimum of the last five employment positions unless having worked less after

graduating high school or college. The Contractor shall conduct reference checks on all Contractor personnel proposed to be used on/during this Contract and will keep all reference records on file and available to the Department for the Contract period. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to confirm the employment eligibility of all persons employed by the Contractor during the term of the Contract to

perform employment duties within Florida and all persons, including sub-consultants, assigned by the Contractor to perform work pursuant to the Contract with the Department. The Contractor, during the Contract period, shall, prior to hiring, have resumes of all proposed RTMC staff and all new hires along with copies of Driver's Licenses or State of Florida issued ID on file for Department review. The Department reserves the right to reject any staff member or potential staff member at any time for any reason. 4.4.6 Criminal Record and Background Check

All Contractor employees or sub-contractors who will have access to the RTMC operations floor or any of the computer/telephone rooms or other restricted areas in the RTMC shall submit to and must successfully pass a criminal history check as prescribed by Joint Task Force (JTF) for Law Enforcement Communications State Law Enforcement Radio System (SLERS).

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Contractor employees or sub-contractors who receive SLERS approval must also successfully complete the on-line Criminal Justice Information Service training. The Contractor shall also conduct a background/employment history check for each employee or sub-contractor before working on this Contract to ensure they meet the minimum requirements. The results shall be made available to the Department upon request. Any individual who do not meet the requirements of the background check shall not be hired for this Contract. The Department, FHP or other agencies designated by the FDOT will perform periodic criminal record checks on all Contractor RTMC staff. 4.4.7 Drug-Free Work Place

The Contractor must subscribe to and practice a drug-free work environment program that is in compliance with sections one (1) through six (6) of Florida Statute 287.087, and consistent with their signed drug-free workplace affidavit and ensures a high compliance and regard for public safety. Employees shall be drug-free in accordance with Section 112.0455, Florida Statutes, prior to beginning operations. When testing occurs within the confines of the Statute, FDOT prefers that the "panels" include testing for the most widely abused drugs and pharmaceuticals, for example, amphetamines, barbiturates, benzodiazepines, cocaine, methadone, opiates, oxycodone, phencyclidine, propoxyphene, and marijuana. The Contractor shall submit the proof described above for its staff every six (6) months thereafter and for any proposed new hires. The Contractor shall assume all the cost for drug testing.

4.4.8 Employee Conduct and Grooming

The Contractor’s employees shall exercise good sound judgment in carrying out their duties and conduct themselves in such a manner that will reflect favorably upon the Department. In general, the Contractor’s employees will:

1. Wear clean and presentable shirts/slacks, and shoes appropriate for the type and location of work to be performed each day.

2. The Maintenance Contractor employee’s dress code will be negotiated between the Contractor and the Department. The cost of furnishing uniforms shall be the responsibility of the Contractor. Cleaning of uniforms shall be the responsibility of the Contractor or their employee depending on the Contractor practices.

3. Be well groomed. 4. Display no emblems, patches, logos other than those specified or approved by the Department,

on clothing and hats. Contractor’s company logos shall be submitted to the Department for approval.

5. Be courteous at all times.

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6. No display of offensive tattoos during work hours. The tattoos shall be covered during working hours.

7. Smoke or use tobacco products in the vicinity of the RTMC and any other FDOT facility only in outside designated areas.

8. Be sober at all times while at on-duty, including arriving sober and refraining from any alcohol consumption during assigned or extended shifts.

Violations of either of the latter two points are grounds for immediate dismissal. The Department reserves the right to require removal of any employee from this Contract who cannot perform the duties or damages the reputation of the Department and/or the Contractor. All Contractor staff shall be required to wear their FDOT issued picture ID at all times while in the RTMC or other FDOT facilities.

4.5 Vehicles

The Contractor shall provide all necessary vehicles to conduct the Services described in this Scope. The

Contractor shall only use vehicles that are properly licensed and registered for use on public highways.

Vehicles shall be maintained in good working condition. As a minimum the Contractor shall provide the

following types of vehicles:

4.5.1 Pickup Truck or Utility Van

The Contractor shall provide pickup trucks and/or utility vans capable of transporting employees safely

and efficiently, recognizing that outside work is along the roadside where conditions can be wet and

slippery. The pickup trucks and/or vans shall be equipped to haul equipment, tools and spare parts so

they are not damaged in route or by weather. These vehicles are considered incidental to the Contract

with no additional payment from the Department for the vehicle, fuel, maintenance, repair or

replacement.

4.5.2 Bucket Truck

The Contractor shall provide commercial grade bucket truck(s), with reach and capacity to maintain

overhead System Components such as CCTV, MVDS, TTS, RWIS and DMS. These vehicles are considered

incidental to the Contract with no additional payment from the Department for the vehicle, fuel,

maintenance, repair or replacement.

4.5.3 Vehicle Markings

A single two inch wide, red/white fluorescent retroreflective tape shall be applied as to cause the limits

of the truck to increase the day time and night time visibility that illuminate with the oncoming traffic.

The tape should be applied at a minimum height of four feet but may vary according to vehicle type.

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Vehicles shall have the Contractor’s or subcontractor’s name and logo clearly displayed on the left

driver’s door and right passenger’s door.

4.5.4 Other Vehicles

The Contractor shall provide other vehicles, as needed, for specialty repair and replacement operations.

These vehicles may include, for example, cranes and augers needed to replace damaged CCTV or other

poles. These vehicles are considered incidental to the Contract with no additional payment from the

Department for the vehicle, fuel, maintenance, repair or replacement.

4.6 Equipment, Small Parts and Tools

The Contractor shall furnish and maintain all necessary equipment and tools to perform the Services

described in this Scope. This equipment shall include the following items, as a minimum:

1. Laptop or tablet computer with software, firmware and cabling needed to test and trouble-

shoot ITS field components.

2. Handheld Global Positioning System (GPS) capable of sub-meter accuracy.

3. Fiber splicing equipment.

4. Fiber testing equipment.

5. Conduit locates equipment.

6. Electrical drill.

7. Portable generator.

8. Air compressor.

9. Portable vacuum cleaner.

10. Electrical test equipment.

11. Grounding test equipment.

12. Miscellaneous small equipment.

13. Miscellaneous hand tools.

14. MOT materials.

15. Optical Time Domain Reflectometers (OTDR). 16. Oscilloscopes. 17. Spectrum Analyzers. 18. Network Analyzers. 19. Waveform and Video Generators. 20. Sweep Generators. 21. Multi-meters. 22. Inductance Meters. 23. Power Meters. 24. Ground Testers. 25. Ethernet packet sniffers. 26. Extra small parts for the RTMC, including:

a) Headphones.

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b) Keyboards.

c) Mouse.

d) Operator Monitors.

These equipment, small parts and tools are considered incidental to the Contract with no additional

payment from the Department for the purchasing, storing, or replacing.

The Contractor shall never invoice the Department under this Contract for the acquisition of tools and

equipment to perform the services of this Contract. Laptop computers, Ethernet packet sniffers,

Smartphones, screwdrivers, pliers, serial cables, multi-meters, OTDR equipment, crimp tools, video

monitors, vehicles, hammers, shovels, electrical power tools, etc., are examples of such tools that shall

be considered as tools of the trade by the Contractor.

The cost of consumable parts required for maintenance, such as but not limited to: electrical tape, paint,

cable, fiber optic cables, markers, screws, steel bands, weed killer chemicals, degreasers, etc., shall be

included in service prices.

4.7 Warranty Return Service Management

Nearly all System Components have warranties in effect at the beginning of this Contract. As noted in

Attachment 1, the Warranties are supported by the manufacturer and WFTI for a period of not less than

three (3) years. The Contractor shall perform all Services with the intent and result of keeping these

warranties in effect for the full warranty periods and fully utilizing the warranties to minimize costs for

replacement parts. The Contractor shall coordinate with the Warranty provider as necessary to

accomplish this requirement. The Contactor shall troubleshoot, diagnose, remove, document, and

return for repair or replacement all warranty items in accordance with the terms and conditions of each

device warranty documentation. The Contractor shall provide monthly reports to be included with

monthly invoices to the Department as necessary to document warranty status and activity. Warranty

management is considered incidental to the Contract with no additional payment from the Department.

The Contractor and the Department will negotiate the extent to which the Department will reimburse

the Contractor for return warranty shipping and handling.

4.8 Spare Parts Inventory Control

An initial Spare Parts Inventory will be provided by the Design Build Contractor as shown in Attachment

2. See Section 5.1 for details on Inventory Management System.

The Contractor shall maintain and have readily available an up-to-date inventory of all the Department’s

equipment and/or parts that are under the Contractor’s supervision. The inventory shall contain at a

minimum: the manufacturer, model number, descriptive name, SunGuide® ITS inventory APL number,

manufacturer serial number, current location and condition (new, used or damaged), MAC address,

installed firmware version, installed SW (software version), location history (i.e. removed as device

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CCTV101 and sent to factory for repair, used to replace CCTV 104 damaged and replaced returned to

factory and now spare stock). ITSFM shall be kept current with serial number changes, etc.

The Contractor shall maintain and store the Department’s System equipment or spare parts, in a

location or a warehouse approved by the Department. This location shall be marked specifically for this

Contract and shall not be used for any other purposes. This facility shall be climate-controlled as

required by the component manufacturer for storage of their parts or equipment. Parts or equipment to

be stored outside the Department’s warehouse shall be authorized by the Department. By default, all

spare parts or equipment not installed and operating shall be stored at the storage area dedicated to

this project as approved by the Department.

The Department reserves the right to store devices and/or parts at an independent storage area within

twenty (20) miles of the District Three Headquarters Office. If the Department chooses to do so, it shall

be the responsibility of the Contractor to pick up parts as needed under the terms of this Contract and

adhere to the response times as listed under Section 4.2 TWO and Work Priority of this document.

4.9 Specifications for Replacement Part Procurement

The Contractor shall develop specifications for replacement hardware, software and firmware as

necessary to ensure the System reliability remains at a high level throughout the duration of the

Contract. The Contractor shall install firmware and software updates as soon as possible and track the

version updates as they are completed. The specifications will be presented to the Department for

review and approval. If the Department opts to authorize the Contractor to proceed with procurement,

the Contractor shall follow requirements for Section 5.3 - Major Repairs, Parts Replacement and

Materials.

5.0 SYSTEM AND COMPONENT MAINTENANCE

See Section 1.3 for System Component description.

5.1 Trouble Ticket and Inventory Management System

The Contractor shall provide and maintain a trouble ticket system for issuing and tracking of device

failures or ongoing System issues within the Chipley RTMC jurisdictional boundaries. The Contractor

shall provide user access to RTMC personnel to open a trouble-ticket and monitor its progress. The

Contractor shall provide support and training of all RTMC personnel as well as all maintenance

technicians. The Contractor shall implement an online trouble-ticket management system for

notification and logging.

The Contractor shall maintain, manage, inventory, store, and utilize parts from this inventory, as

necessary, to meet the System Reliability Performance Measure Goal. The Contractor shall maintain a

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spare parts inventory management system. This management system shall provide the list of inventory

as well as prediction of when the additional spare parts would be required.

The trouble ticket and inventory management system shall use an off the shelf database engine to store

historical data relative to parts/systems failure and inventory of parts/devices by serial number and

location. This database shall be the property of and shall convey to the Department upon termination of

the contract period as per the Standard Written Agreement.

5.2 Diagnostic and Troubleshooting

The Contractor shall perform diagnostic and troubleshooting services when System Components are

inoperable or malfunctioning. Troubleshooting may occur in the RTMC or in the field. The intent of

troubleshooting is to identify the problem and, if possible, perform minor repairs to fix the problem

while at the site. Trouble-shooting and repairs shall be performed by the Contractor’s full-time System

Network Manager and/or System Network Technicians at no additional cost to the Department. The

Contractor shall notify the Department if a system wide issue exists such as includes security issues as

well as hub site, router, firewall or other network issues. The Contractor is not authorized to make

network backbone configuration changes without proper notification and approval since those changes

could affect other systems not under this Contract.

Downtime associated with any device failures no matter the cause shall be calculated in the System

availability matrix.

Should a particular device continue to fail and the issue cannot be resolved by repair or replacement,

the Department at it sole discretion may remove the device from the Contractor’s responsibility, either

for an interim period or permanently.

The Contractor, through diagnostics and troubleshooting services, shall investigate the cause for the

failure of equipment and determine if the failure is related to factors such as, but not limited to, a storm

event, materials or workmanship, supplied power, warranty covered failures, electrical and/or

mechanical components, hardware or software failures. The diagnostics and troubleshooting results

shall define the type of repair needed to restore the field device(s) to 100% functional status. If the

diagnosis indicates the need for major repairs or parts replacement, the Contractor shall proceed per

Major Repairs, Parts Replacement and Materials Section in this Contract.

5.3 Major Repairs, Parts Replacement and Materials

Major repairs and/or parts replacement to the System shall consist of, but not limited to the repair or

replacement of damaged, missing or malfunctioning equipment in order to maintain the System

operation and functionality. The Contractor shall ensure no warranties are voided at any point during

this Contract. The Contractor shall act on behalf of the Department by shipping/receiving equipment for

warranty work as needed. The preliminary warranty information by WFTI is provided in Attachment 1.

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The Contractor shall submit an itemized breakdown with the following information on the work

estimate with only one device type per line.

Quantity of devices

Model number of device

Description and Type of device

Sub-Total

Line item total

Shipping

Taxes

Shipping Cost/Estimate

Time for arrival of product.

Grand total

The written request for authorization of purchasing materials and equipment shall be included as part of

a work request. Approved expense items not contained in Exhibit “C”, Price Sheet, shall be purchased in

accordance with 60A-1.002, Florida Administrative Code, and have a full justification and backup data in

the form of two (2) quotes (minimum) for any item greater than $2,500. One quote should be from a

Minority Business Enterprise (MBE), Disadvantage Business Enterprise (DBE) or Small Business

Enterprise (SBE) Contractor or state that an MBE/DBE/SBE Contractor was not available. Services by

specialists not included in Exhibit “C”, Price Sheet, may be required at times and shall be obtained by the

same practice as commodities.

When submitting any invoice to the Department where the Contractor incurred an expense for

procurement of any commodity or service, it shall be the Contractor’s responsibility to provide the

Department with a copy of the invoice from each Contractor used to procure the needed

commodity/service. Items with poor descriptions that are not easily discernible in plain English shall be

explained in writing to the Department in detail before the invoice will be approved.

If commodities or services need to be purchased or rented for the repair under emergency response

conditions, the Contractor shall notify the Department immediately. The Department will complete the

emergency purchase.

Upon completion of the major repair or part replacement, the Contractor shall perform diagnostics

testing to ensure the System is fully operational and functional; while adhering to the configuration

management protocol. The results of the tests shall be reported to the Department immediately. The

work shall be subject to inspection by the Department or designee. Work that is determined to be of

poor quality or a quality less than the original installation shall be re-performed by the Contractor at no

cost to the Department. Final payment for each TWO shall not be rendered by the Department until all

conditions of the TWO have been met.

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Repairs that require the expertise and/or specialized equipment of the manufacturer shall be considered

Original Equipment Manufacturer (OEM) Repairs. OEM repairs are those specialized repairs that cannot

be made by the Contractor and must be made by a manufacturer or Contractor of the

equipment/component. On an as-needed basis, the Contractor shall notify the Department of

manufacturer repairs necessary for the continued safe and efficient operation of the System.

The Department will review the proposed manufacturer repair(s) and initiation of a TWO shall be

required in order to proceed with the repair. The Contractor is responsible for coordination, shipping

and receiving as needed.

The Department may, at its discretion, issue a general service TWO which shall provide for man hours

and expenses in order to expedite repairs. The Contractor shall not exceed the dollar amount or the

number of personnel established by the TWO and shall notify the Department when 80% of the funding

is expended or additional labor is required.

Damage Caused by Outside Elements: In the event damage is caused by an outside element, such as a

motorist, another contractor or electric/cable company, the Contractor is charged with the

responsibility to act as the Department’s communications agent and perform all necessary tasks to seek

reimbursement through that person/entity or their insurance company. All funds received shall be

applied to the repair and reflected on the appropriate invoice. In the event the Contractor is unable to

get reimbursed after due diligence, the Department will cover the cost under a general TWO. The

Contractor will not be held liable for the repair costs if the repairs were authorized by the Department

and recovery could not be made.

5.4 Video Wall and RTMC Communication Maintenance

The Contractor shall provide any repairs or diagnostic work necessary to maintain RTMC video system

and RTMC Communications at either of the District Three RTMCs including, but not limited to, the

maintenance of the video command centers, switches, routers, firewall, intrusion detection devices,

decoders and encoders, monitors, video cards, and associated software and updates.

The trouble ticket generated and the results of any diagnostic tests shall be reported to the Department for repair tracking. If the repair of equipment consists of replacing a component, the Contractor shall furnish components that are equal to or better in quality than that being replaced. Any ancillary equipment, materials, vehicles, tools, etc. necessary to perform video wall and TMC communications maintenance are incidental and included in the hourly billing rate. The Contractor shall be allowed to charge for any specialized materials or equipment not normally used for maintenance upon prior approval by the Department.

The Contractor shall comply with the Florida Statutes and Department’s Policies and Procedures including security policies, etc. The Contractor shall not create network or other user or device accounts without Department approval.

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OIS workstation/desktop computer systems and devices are the responsibility of the District’s OIS group. The contractor shall not provide desktop support, troubleshooting, upgrades, updates, or hardware modifications to these desktop workstations. These systems provide Internet connectivity, email services, and general user applications such as Microsoft Office, antivirus software, etc. The contractor shall manage the antivirus server, ITS/SunGuide® workstation and server computers keeping the signature files up to date. Incidents of viruses, malware, spyware or other anomalies shall be reported in writing to the RTMC manager and/or Department District ITS LAN Manager. The Department ITS LAN Manager after analyzing and mitigating the issue internally will report to the FDLE FUSION Center. The Contractor shall maintain the project network architecture which will include but not limited to IP addressing tables, MAC tables, filtering rule configurations, hub site switch and edge router configuration files, complete network documentation, user name lists, media/hard drive sanitization logs, etc.

5.5 Equipment and Network Modification

There may be locations where the existing ITS system will require additional equipment and network

modification. Department may issue a TWO to integrate additional equipment and modify the network

to support the additional equipment.

All TWO assigned shall be generated by the Department. Each TWO will specify the type of work

required, the location and the anticipated amount of time to complete. Upon completion, the work shall

be subject to a random inspection by the Department. Work that is determined to be unacceptable shall

be re-performed by the Contractor at the Contractor’s expense within 24 hours.

5.6 Routine Preventative Maintenance

The Contractor shall perform all routine preventative maintenance services as prescribed in the

approved RPM Plan. The Contractor shall submit the initial RPM Plan as described in Section 2.2. The

Contactor shall submit an updated RPM Plan within fourteen (14) calendar days for any new device that

is brought into the System during this Contract. The Department may adjust the schedule based on

available funding for items that are no longer under warranty.

The RPM Plan shall include the following, as a minimum:

1. Dust removal from all equipment, cabinets, and enclosures.

2. CCTV domes shall be cleaned, inspected, re-pressurized and video feed shall be verified for

quality thereafter

3. Paint Touch-up

4. Air filter replacement

5. Check status of door locks and any entry detection sensors, if so equipped

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6. Visual inspection of device, cabinet and enclosure exteriors: check for corrosion, punctures,

graffiti, or signs of vandalism

7. Visual inspection of status Light Emitting Diodes (LEDs) of equipment

8. Visual inspection of all fans inside equipment and/or cabinet

9. Visual inspection of all light fixtures for proper operation

10. Visual inspection of all wiring for indication of decay, and/or inflicted damage

11. Visual inspection of surge protection devices

12. Visual inspection of the status for all breakers and fuses

13. Physical test and inspection of grounding system to ensure adequate grounding at all locations

14. Physical inspection of all connectors and cable assemblies to verify connections, correct as

needed

15. Obtain resistance reading to check grounding

16. Physical inspection of all security devices and components and testing of those that operate

electronically

17. Check uninterruptable power supply (UPS) functionality by simulating a power failure at the

disconnect

18. Test UPS unit batteries following the manufacturer’s specification

19. Fumigate all cabinets and enclosure against pests and/or vermin

20. Remove pest or vermin along with an excrement or habitat leftover from their presence

21. Control weed and grass within 48” around all cabinets, structures and splice enclosures

22. Control/trim vegetation growth that obstructs CCTV field of view.

Major deficiencies discovered as a result of routine preventative maintenance services shall be reported

to the Department immediately in writing and shall be handled as defined in Section 5.3 Major Repairs,

Parts Replacement and Materials of this Contract. Phone calls are acceptable if the deficiency would

constitute an emergency or urgent service request as defined by the table in Section 4.2. Minor

deficiencies (i.e., loose connector, tripped circuit breaker, cabinet light out, etc.) shall be fixed as part of

the preventative maintenance.

5.7 Emergency Response Service

Emergency response services shall include the restoration of components resulting from any

malfunction or damage that is considered by the Department as creating a safety hazard to the traveling

public. Failures of this type will most likely be caused by severe and unusual forces of nature, vehicular

accidents and collisions, vandalism, theft, fire, erosion, and exposure to chemicals or pollutants.

In the event that normal operation cannot be restored immediately, the Contractor shall supply a

substitute device, as feasible, within two (2) hours after arriving at the site except for a complete DMS

replacement. The substitute device shall remain operational until repairs to the existing device can be

made. The existing device shall be repaired and replaced as per Major Repairs, Parts Replacement and

Materials Section in this Contract.

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In the event of a structural failure that is causing a safety hazard and/or obstructing a roadway or

waterway it shall be the Contractor’s responsibility to remove the structure and all associated

equipment/hardware within sixty (60) minutes after arriving at the site. The Contractor shall provide a

damage assessment report to the Department within three (3) hours after arriving at the site

documenting the damage providing the following information at a minimum.

1. Device location, type, model, serial and Approved Products List (APL) number.

2. Date and time of incident.

3. Cause of failure or issue.

4. Site needs analysis (if possible).

5. Photo documentation (digital only).

6. Needed parts list.

7. Repair cost breakdown.

8. Repair schedule.

9. General notes.

Structural failures shall be repaired and/or replaced as needed by the Contractor after providing the

damage assessment report to the Department with estimated time of repair. Every effort shall be made

to repair or replace damaged structures within first seventy-two (72) hours. The Contractor shall provide

invoice of structure repair to the Department for reimbursement.

5.8 Component Testing and Calibration

Certain system devices and/or components may require testing and calibration to ensure continued

proper operation. One example of this is MVDS which may have lost or corrupted configuration data

due to some outside influence. When this is suspected, a TWO may be issued for Contractor to provide

the testing and recalibration of these devices.

Any device or system component being replaced or repaired that has a calibration or testing component

shall have the calibration or testing completed as part of the replacement or repair TWO. Labor, tools,

equipment and vehicles required for testing and or calibration of replaced or repaired

devices/components shall be incidental to the replacement/repair and shall not be paid for separately.

Calibration and testing associated with a device or component’s RPM shall be incidental to the RPM and

no reimbursement for labor, tools, equipment or vehicles will be made separately.

5.9 Maintenance of Traffic (MOT) Plans and Installation

MOT shall include the planning, furnishing, installing, maintaining, and removing of traffic control and

safety devices. The need for lane closures shall be on a case-by-case basis as requested by the

Contractor. Any request for a planned lane closure shall be submitted to the appropriate District 3 field

office. The Contractor shall adhere to any periodic updates made by the Department on this submittal

31 of 39

process. The Department shall be advised of the date and time of closures. The Contractor will be given

a notification list by the Department containing all contacts that shall be notified of the lane closure by

the Contractor.

MOT shall be deployed and function in accordance with the current edition of the Design Standards for

Design, Construction, Maintenance and Utility Operations on the State Highway System.

Unless approved by the Department for a major repair, costs for MOT shall be incidental to the Contract

with no additional reimbursement.

5.10 Conduit Locates

The Contractor shall be a member of SUNSHINE State One Call of Florida, Inc. throughout the term of

the Contract and is responsible for any fee(s) required to be a member. The Contractor is required to

ensure that communications and power runs, within the project limits, are included on Sunshine One-

Call, to include any new installations throughout the duration of the Contract.

Any fee(s) that the Contractor must pay to be a SUNSHINE member and any associated administrative

costs shall be incidental to the hourly rates provided in Exhibit C. The Contractor shall provide any

administrative services necessary to identify the locate requests that are to be field verified and any

other telephone communication associated to include fax of result. If the Contractor observes work by

others that potentially may damage said system ITS facilities, the Contractor shall immediately notify the

RTMC Manager. In addition, the Contractor shall follow SUNSHINE procedures for work without a utility

locate or work outside of authorized utility locate limits.

The Contractor shall possess the equipment and trained personnel necessary to locate underground

lines in up to 1,000 feet increments.

5.11 Communications Network Installation/Repairs

The Contractor shall have the necessary equipment and certified personnel capable of performing

various types of fiber optic repair needed in the field including, but not restricted to: mid-span fusion

fiber splicing, fiber trunk splicing, Optical Time Domain Reflectometers (OTDR) testing, fiber enclosure

installations, and termination of fiber inside fiber trays. The Contractor shall have the capability to install

both open trench and directional bored conduit for new installation and replacement of damaged

conduit. It shall be the responsibility of the Contractor to perform all Sub-Surface Utility Engineering

(SUE) and obtain any permits required by the Department before the Contractor commences any work.

After completion of fiber-related work by the Contractor, a report shall be presented to the

Department; the report will be archived for record keeping of fiber communication infrastructure. No

fiber- related work shall be started by the Contractor without written authorization by the Department.

The Contractor shall not reconfigure the network architecture or allocated fiber without approval of the

Department. This includes utilizing alternate fiber in place of damaged fiber, changing assigned mapped

32 of 39

field device IP addresses, passwords or user accounts for field devices and/or hub site equipment, VLAN

circuits, firewall device settings, etc. The contractor shall insure that the current Corning Fiber Optic

Warranty is maintained.

5.12 Emergency Power for System Devices

The Contractor shall be responsible for storage, placement, security, maintenance, and refueling of

mobile generators and maintenance and refueling of stationary generators. Three (3) mobile generators

will be furnished by the Contractor. The Contractor supplied generator(s) will consist of diesel, gasoline

or liquid propane fuel type sets which shall be maintained by the Contractor according to the

manufacturer’s operating manual. The Contractor may request to use of any spare Department

generators temporarily. It shall be Contractor’s responsibility to secure a generator capable of keeping a

DMS sign active for at least two (2) hours before refueling. It shall be the responsibility of the Contractor

to secure the generator at the site to prevent theft. The Contractor shall be responsible to the

Department for replacement of units lost to theft or vandalism at the Contractor’s storage area and/or

during deployment. The Contractor shall deploy the generators on an as needed basis for the

Department and keep them fueled at all times, including during hurricane evacuations and other

emergencies. Fuel costs shall remain responsibility of the Contractor unless otherwise specified in the

TWO. The service response time for this service shall be based on the urgent priority as set forth under

Section 4.2 in this Contract. Typical deployments may include loss of power service to a critical device or

hub location, imminent loss of power to a single or multiple locations due to an approaching hurricane

or terrorist threat and/or after any of the aforementioned incidents considering safe response

conditions.

5.13 Portable Devices

The portable devices shall be provided by the Contractor as requested by the Department. Portable

devices are typically used in situation where emergency repair work would take longer than expected

time and coverage for the area is important for Traffic Incident Management (TIM). The portable devices

include, but are not limited to, CCTV, MVDS, and TTS. The Contractor shall be responsible for storage,

placement, security, maintenance, and refueling of other portable devices as provided for in a TWO.

6.0 REPORTS

The Contractor shall maintain complete and accurate records, in hard copy and electronic file,

acceptable to and approved by the Department for all System maintenance activities and any other

events relating to this Contract.

All project records, files, and equipment owned by the Department shall be delivered to the Department

within thirty (30) calendar days prior to submittal of the final invoice by the Contractor. Final payment

shall not be rendered by the Department until all of the conditions of this Contract have been met.

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In addition to the daily report described in previous sections, the Contractor shall prepare and submit

the following reports:

6.1 Device Logs

The Contractor shall keep a documented log of each and every field device location. Routine

preventative maintenance, repair logs, parts replacement, special notes, recommendations and

equipment’s warranty records (if available), shall be included as part of the device log. Multiple device

logs can be compiled into a site log if several field devices are at a single location. This log shall be

presented to the Department when requested and shall be in a Microsoft Excel 2007 or later (XLS or

XLSX) native format. The format of the document shall be in a sort-table column format and pre-

approved by the Department.

Device Logs shall include as a minimum:

1. Field device identification number (i.e. CCTV101, etc.)

2. Field device location, mile marker and GPS.

3. Date and time of failure.

4. Description of failure or issue.

5. Report reason for the failure.

6. Technician responding.

7. Arrival time at field device location.

8. Site conditions noted, i.e., weather, accident, fire, etc.

9. Technician’s problem resolution Actions taken.

10. Date and time of resolution.

11. Spare parts used: type, model, serial, and Approved Products List (APL) number.


13. Checklist for replaced parts: type, model, serial and APL number, IP address, MAC address,

password reset, MFES port assignment, etc.

14. Actions for replaced parts, such as in-house repair, return to factory, etc.

15. General notes.

6.2 Device Availability Matrix

The Contractor shall be responsible for developing an availability matrix and submit it for approval to

the Department. The matrix shall include all field device systems and subsystems, including but not

limited to, CCTV Cameras, Encoders, Network Communications, MVDS, DMS, TTS, RWIS, Video Wall, etc.

This matrix shall be included with the monthly reports and as a standalone annual report documenting

the total availability percentages, e.g., 99% for that year. This matrix shall be presented in a table format

with a 3D line chart that displays a historical device System availability that is carried forward for the

duration of the Contract. Downtime related to traffic incidents or natural disasters shall be recorded

separately from all other System failures.

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6.3 ITSFM Support and Maintenance

The Contractor shall provide data entry and data edits for the Departments ITSFM system and database.

As a minimum, ITSFM data entry and encoding shall meet the District 3 ITSFM Implementation

Guidelines and Minimum requirements including, but not limited to, updating the ITSFM application

from as-built documents and field drawings collected from construction, software and firmware revision

information, as-built documentation and configuration identification management support. ITSFM shall

be updated with current information as changes are made to the System as required by maintenance

activities and as required by the Department. The Contractor shall install barcode tags and record the

barcode numbers in the ITSFM for inventory and property management of ITS devices and equipment as

required by the Department. Refer to District 3 ITSFM Implementation Guide for detail information.

6.4 Contract Records

The Contractor shall maintain complete and accurate records of all work activities and all other events

relating to this Contract. Contract records shall include, but not be limited to, such items as project

Monthly Status Reports, meeting notes, cost proposals, invoices, current and historical inventory

records, as-built plans if alterations to the System are performed, time sheets, and Contractor’s staff

records. Project files shall contain all correspondence to and from the Contractor and contractors,

consultants, manufacturers, warranty providers, equipment contractors, Local, State and Federal

agencies, etc., as related to this Contract. These files shall also include all materials information obtained

by or given to the Contractor. All records shall be categorized and then organized by date, activity and

subject. Paper documentation shall be scanned into an electronic format and become part of an

electronic portable document format repository for the project.

The project files shall be established such that they can be delivered to the Department upon requested.

Vendor/Contractor acknowledges and agrees to the following:

The contractor shall allow public access to all documents, papers, letters, or other material subject to

the provisions of Chapter 119, Florida Statues, and made or received by the Contractor in conjunction

with this Agreement. Specifically, if the Contractor is acting on behalf of public agency the Contractor

shall:

1. Keep and maintain public records that ordinarily and necessarily would be required by the

Department in order to perform the services being performed by the Contractor.

2. Provide the public with access to public records on the same terms and conditions that the

Department would provide the records and at a cost that does not exceed the cost provided

in Chapter 119, Florida Statutes, or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records

disclosure requirements are not disclosed except as authorized by law.

4. Meet all requirements for retaining public records and transfer, at no cost, to the

Department all public records in possession of the Contractor upon termination of the

contract and destroy any duplicate public records that are exempt or confidential and

35 of 39

exempt from public records disclosure requirements. All records stored electronically must

be provided to the Department in a format that is compatible with the information

technology systems of the Department.

Failure by the Contractor to grant such public access shall be grounds for immediate

unilateral cancellation of this Agreement by the Department. The Contractor shall promptly

provide the Department with a copy of any request to inspect or copy public records in

possession of the Contractor and shall promptly provide the Department a copy of the

Contractor’s response to such request.

6.5 Preventative Maintenance Checklists

The Contractor shall prepare preventative maintenance checklists to document accomplishment of the

RPM Plan. Checklists shall show the device type, ID, location, technician name, date and type of PM

performed. All work performed shall be shown and conditions noted on the checklists. The Department

shall approve the checklists before they are put into use.

6.6 Monthly Status Reports

The Contractor shall submit to the Department Monthly Status Reports describing in detail all activities

performed by the Contractor in the previous month. The monthly Status Reports shall contain all

necessary detail for the Department to easily verify the Contractor’s accomplishment of the

Performance Measures in Section 2.1 and 2.2 and the Performance Requirements in Sections 7.1.2. The

monthly Status Reports shall have supporting documentation that includes, but not limited to:

1. Detailed descriptions of all services performed by date, location and type (see Section 5.0

through 5.13)

2. Results of testing and calibration conducted during the reporting period (see Section 5.8)

3. Device Logs (see Section 6.1)

4. Device Availability Matrix (see Section 6.2)

5. ITSFM updates (see Section 6.3)

6. Contract Records (see Section 6.4)

7. Completed Routine Preventative Maintenance (RPM) checklists (see Section 6.5)

8. SunGuide® device availability logs

The Monthly Status Reports shall commence upon Contract execution and continue for the duration of

this Contract. The reports shall be presented as a collection of events, data, calculations, decisions,

instructions, notifications, circumstances, and work performed each day during the Contract term.

Anyone reading the reports shall be able to comprehend the status of the field devices, and ascertain

the work that has been performed.

The Monthly Status Reports shall be submitted with the monthly invoices.

36 of 39

6.7 Quarterly Status Reports

The Contractor shall prepare and submit Quarterly Status Reports to the Department. The purpose of

the Quarterly Report is to provide a summary of all work performed by the Contractor and the status of

that work over a three (3) month period. The Contractor shall supply a quarterly report on the fifth work

day of the month following the quarterly report period duration of the Contract. This report shall include

all information collected for previous reports listed in this Section, the device availability matrix, a work

breakdown listing the technician, equipment utilized, and repair procedure for each occurrence of work.

This report shall also document and certify that all work has been completed in accordance with

Manufacturer’s specifications and any routine and/or preventative maintenance has been carried out

per Manufacturer’s recommendations. This report shall include an assessment by the Contractor of

equipment failures and their causes such as design/construction errors, age of component,

environmental problems, and lightning/surge/power inadequacies, etc.

6.8 Disaster Reporting

The Contractor shall be responsible for providing the Department a Detailed Damage Inspection Report

(DDIR) FHWA Form Number 1547 after the occurrence of a disaster, natural or otherwise. This DDIR

shall include an individual site analysis with all necessary information including but not limited to the

following:

1. Device Location.

2. Date and time of visit.

3. Description of failure or issue.

4. Site conditions noted, i.e., submerged, structure down, no power.

5. Site needs analysis (if possible).


7. Damaged parts list: type, model, serial number.

8. Replacement parts list.

9. Repair cost breakdown.

10. General notes.

The DDIR to be completed by the Contractor shall be compiled per site or per geographic area as

specified by the Department and include all applicable devices.

The Contractor’s report shall include an Executive Summary and a cost summary including all parts

necessary to re-establish the site in working order. This work shall be coordinated with the Contractor

by the Department; the Department shall establish time frames for these reports to be delivered to the

Department depending on the severity of the disaster.

37 of 39

7.0 INVOICING

The services provided shall be subject to a maximum limiting amount per Work Order. Payment for

services provided for this task will be made per TWO upon acceptance of the work and the invoice by

the Department. The payment to the Contractor will reflect the actual hours as documented by invoice

and as approved by the Department.

No additional compensation will be made for work activities at night and any additional resources

necessary for night work are included in the unit cost. Any ancillary equipment, materials, vehicles,

tools, etc. necessary to perform these tasks are considered incidental and are included in the unit cost.

The Contractor shall be allowed to charge (including mark-up costs) for any specialized materials or

equipment not normally used for this TWO upon prior approval by the Department’s Project Manager.

A 10% mark-up will be allowed on the cost of replacement parts or manufacturer repairs upon prior

authorization from the Department.

7.1 Liquidated Damages

This Contract has important Performance Measure elements that may affect payment. The Contractor’s

performance and compliance with this Contract shall be evaluated monthly by the Department. On

occurrences in which the Contractor does not meet the performance standards established herein, the

Department shall reserve the right to assess the Contractor liquidated damages that shall be deducted

from the Contractor’s monthly invoice.

Application of these liquidated damages will not waive the Department’s right to terminate this Contract

in the interest of the Department.

7.1.1 Invoice Payment Deductions

The invoice payment deductions for the applicable liquidated damages for Non-Performance shall

include, but is not limited to:

1. Not meeting the Diagnostics services response times - $250.00 per occurrence.

2. Not meeting the Repair services response times - $250.00 per occurrence.

3. Not fulfilling warranty requirements - $500.00 per occurrence.

4. Not meeting the response times (see Section 4.2) - $250.00 per occurrence.

5. Not performing an authorized task within the specified time - $100.00 per occurrence.

The list above is not inclusive of all Compensatory Adjustments. For any Compensatory Adjustment not listed above, the Department shall assess liquidated damages between the amounts of $50.00 and $500.00 depending on the severity of the infraction. In such cases, Department will provide one warning prior to imposing fines to allow for Contractor explanation. The reduction in payment as described

38 of 39

herein on some infractions will continue to be applied daily until the Contractor complies with the terms and conditions of the Contract.

7.1.2 Invoice Percentage Deductions

The following table lists the invoice percentage deductions to be applied to the Contractor’s monthly invoices in the event the Contractor does not meet the Performance Measure Goals listed in Sections 2.1 and 2.2.

Performance Measure

Performance Requirement Monthly Invoice Percent

Deduction

FMS Availability

Minimum percentage FMS availability goal is 98%. (see Section 2.1)

Deduct 1% for each 1% below 98% or fraction thereof.

RTMC Availability

Minimum percentage RTMC availability goal is 99%. (see Section 2.1)

Deduct 1% for each 1% below 99% or fraction thereof.

RPM Plan and Schedule

Adherence

Minimum 100% of RPM Plan accomplishment. (see Section 2.2)

Deduct 5% for each instance of non-adherence to a section of the RPM Plan.

8.0 CONTRACT TERM

It is anticipated that the term of the agreement will be for a period of five (5) years. This Agreement may

be extended for a period that may not exceed three (3) years or the term of the original Contract,

whichever period is longer. Extensions shall be contingent upon satisfactory performance evaluations by

the Department and subject to the availability of funds. Any renewal or extension shall be in writing and

shall be subject to the same terms and conditions set forth in this Agreement.

9.0 TERMINATION

Reference is made to Paragraph 6 of the Contractual Services Agreement. Any necessary default action

will be processed in accordance with Florida Administrative Code Rule 60A-1.006(3).

1 of 3

ATTACHMENT-1

REGIONAL TRANSPORTATION MANAGEMENT CENTER AT CHIPLEY RTMC/FMS MAINTENANCE SUPPORT SCOPE OF SERVICES

PRELIMINARY WARRANTY LIST (1)

Under I-10 Corridor Freeway Management System

FPID # 428403-1-52-01, Contract No. E3L90

Santa Rosa, Okaloosa, Walton, Holmes, Washington, Jackson, Bay & Gadsden Counties

Item

Number Device

Vendor / P.O. #

Manufacturer FDOT

Warranty WFTI

Warranty Start

Warranty 1St Point of Contact

2nd Point of Contact

785-106 UPS ITS / 13-039-

054 Alpha FXM 650 2 Years 3 years

Tim Malone - ITS / [email protected]/

407-492-6664

World Fiber 770-619-0118

780-1-11 SPD Advanced

Protection/ 13-039-241

APT 10 Years 10 Years

Pete Ganci / [email protected]

727-560-0859 Dana Papalardo/

[email protected]

727-212-4460


784-5-11 RTMC Layer 3 - Hub Switch

Potronix - MOXA /

MOXA 5 Years 5 Years Greg Price /

[email protected] (704) 921-9200


784-5-11 RTMC Layer 3 - Hub Switch

(Backup)

Protronix - Siemens /

Siemens - RUGGEDCOM

5 Years 5 Years Greg Price /

[email protected] / (704) 921-9200


784-1 RTMC

Ethernet Core Switch

Protronix - Cisco /

Cisco 3 Years 3 Years Greg Price /

[email protected] / (704) 921-9200


782-1-11 CCTV -

48VDC/28VAC Surge

ITS / 13-039-246

Citel 10 Years 10 Years Tim Malone - ITS /

[email protected]/ 407-492-6664


786-1-11 MVDS -

24VDC/24VAC Surge

ITS / 13-039-246




786-1-15 ITS -

24VDC/24VAC Surge

ITS / 13-039-246




785-1-11 Lowering Devices

ITS/ 13-039-018

CLS 3 Years 3 Years Tim Malone - ITS /



783-1 Fiber Optic

Cable Anixter / Corning 2 years 25 Years

Sam Nelson / [email protected]

706-424-1208


782-2 Fiber Optic Connectors

Anixter / Corning 2 years 25 Years Sam Nelson /

[email protected] 706-424-1208


783-3 Fiber Optic Connection Hardware

Anixter / Corning 2 years 25 Years Sam Nelson /



RTMC

Generators

Nixon Power -Kohler / 13-

039-186 Kohler 3 Years 5 Years Startup

Rodney Speegle / [email protected]

m (770) 453-4100


mailto:[email protected]/















2 of 3

Item Number

Device Vendor /

P.O. # Manufacturer

FDOT Warranty

WFTI Warranty

Start Warranty

1St Point of Contact 2nd Point of

Contact

RTMC

Transfer Switches

Nixon Power -Kohler / 13-

039-186 Kohler 3 Years 5 Years Startup

Rodney Speegle / [email protected]

m (770) 453-4100


RTMC UPS

30KVA / 24KW

The Power Place / 13-

039-445 APC SmartUPS 2 Years

3 Yrs-6 Mos

Startup Keven Reynolds /



RTMC UPS Manual By-Pass Switch

The Power Place / 13-

039-445

APC Service Bypass

2 Years 3 Yrs-6

Mos Startup

Keven Reynolds / [email protected]

(770) 499-0900


781-41-235

DMS Ledstar / 13-

039-008 Ledstar 5 Years 5 Years

Greg Bartlell / [email protected]

(905) 265-7800


781-4 DMS UPS Ledstar / 13-

039-008 Alpha FXM 650 2 Years 3 Years

Greg Bartlell / [email protected]

(905) 265-7800


781-2-12 HAR System Jace Chandler / 13-039-085

MH Corbin 5 Years 5 Years Jace Chandler /



784-1-1 Ethernet

Field Switch- RS900G

Siemens Ruggedcom/ 13-039-015

Siemens - RUGGEDCOM

5 Years 5 Years

Rob Brock / [email protected]

m 954-593-9641


785-2-121

336S Field Cabinets

ITS/ 13-039-009

Southern Manufacturing

2 Years 7 Years Shipment Tim Malone - ITS /



781-3-121

RWIS Jace Chandler

/ Vaisala 3 Years 3 Years

Jace Chandler / [email protected]

205-602-9484


784-2

(RWIS on Bridge) Media

Converter

ITS / Comtrol 5 Years 5 Years Tim Malone - ITS /



782-1-11 1080p HD IP-

CCTV Blackhawk/ 13-039-012

Vicon 3 Years 3 Years Jim Labatt /



786-1-11 MVDS Blackhawk/ 13-039-012

RTMS - G4 2 Years 3 Years Jim Labatt /



786-1-15

(Bluetooth) Travel Time Detection

System

Temple / 13-039-076

Iteris 3 Years 3 Years

Ian Cardozo ian.cardozo@temple-

inc.com (941) 650-6824


785-1-11 Solar Panel ITS / 13-039-

306 Trina Solar 3 Years 10 Years Shipment

Tim Malone - ITS / [email protected]/

407-492-6664


RTMC Video

Wall Monitors

Protronix / LG 3 Years 3 Years Greg Price /



RTMC Video

Wall Monitors

Protronix / Samsung 3 Years 3 Years Greg Price /



RTMC Video

Wall Processor

Protronix / Jupiter 3 Years 3 Years Greg Price /























3 of 3

Item Number

Device Vendor /

P.O. # Manufacturer

FDOT Warranty

WFTI Warranty

Start Warranty

1St Point of Contact 2nd Point of

Contact

RTMC

SunGuide Servers

Protronix / Dell 3 Years 3 Years Greg Price /



Note (1): The warranty list is subject to change.


1 of 2

ATTACHMENT-2

REGIONAL TRANSPORTATION MANAGEMENT CENTER AT CHIPLEY RTMC/FMS MAINTENANCE SUPPORT SCOPE OF SERVICES

INITIAL SPARE PARTS INVENTORY

Subsystem Part Description (1) Quantity (2)

Communication Subsystem

Splice Vaults.

Pull Boxes.

Splice Enclosures.

Above ground cable route markers.

Buried cable warning tape.

Conduit locates tone wire.

Electronic conduit marker systems.

10 gigabit optical transceivers for Layer 3 Ethernet Switch.

1 gigabit optical transceivers for Layer 2 Ethernet Switch.

MFES.

Cat5E Patch Cables.

Fiber Patch Cables.

Device Servers.

Data Surge Protection Devices.

Power Surge Protection Devices.

Power Subsystem

Pull Boxes – electrical.

PDU.

Surge Protection Devices.

Transformers (by rating).

UPS Assemblies and Batteries.

Electronic Box Markers.

CCTV Field Elements

CCTV Cameras.

Camera Lowering Devices.

Lowering Cranks.

Cabinets for CCTV Sites.

Digital Video Encoders.

Media Converters.

CCTV Local Interface Control Units.

CCTV communication device.

CCTV communication interface (RS 422 to 232 or equal converter).

CCTV transient voltage suppression devices.

CCTV assembly to CCTV cabinet cable.

CCTV power distribution assembly.

CCTV pan-tilt-zoom cabinet control equipment.

CCTV cabinet cooling fans and thermostat.

CCTV attachment hardware.

2 of 2

Subsystem Part Description (1) Quantity (2)

Any other assembly specifically fabricated for the CCTV cabinet not commercially available from another source.

DMS Field Elements

DMS Controller.

Fans.

Internal DMS Power Supply Assemblies.


LED Panels.

Driver Boards.

Fiber Modem.

Cabinets for DMS Sites.

MVDS Field Elements

Side-Fire MVDS assemblies.


NEMA Enclosures for MVDS Sites.

Bluetooth Travel Time System

Elements

Sensors.

Processors.

Controllers.

Cable Assemblies.

Power Supply Assemblies.


Note (1): Part descriptions are subject to change based on the actual parts supplied by the Design Build Contractor. Note (2): Initial quantities have not been finalized but will be 10% of the quantities required to construct the ITS communication network and ITS field devices and the RTMC servers, video wall, and work stations, etc.

1 of 3

ATTACHMENT‐3

CHIPLEY RTMC/FMS MAINTENANCE SCOPE OF SERVICES

ROUTINE PREVENTIVE MAINTENANCE SCHEDULE

Activity

Maintenance Frequency

Monthly Semi‐Annually Annually

Common Equipment – Local Cabinets

Check cabinet for proper conduit and base seals

X

Check fans and thermostat operation X

Lubricate doors and locks if required X

Check cabinet lights for operation and replace if required

X

Inspect cabinet for environmental damage X

Inspect and test UPS and batteries X

Replace door filters as needed X

Vacuum cabinets and dust equipment X

Inspect Ground/Lightning System X

Communications Network including: Field Hubs, Local Switches and Modems, FO Cable Plan.

Check transmitters, receivers, modulators, demodulators, multiplexer, de‐multiplexers, switches, routers, CSU/DSU and repeaters for proper operation

X

Check fiber and twisted pair cable connections

X

Inspect equipment for environmental damage

X

Check optical output of transmitters, if required

X

Tune modulators and demodulators, if required

X

Dust and clean equipment X

CCTV Including Dome Assembly

Inspect camera housing for environmental damage.

2 Month Cycle

Inspect camera housing seals. 2 Month Cycle

Clean housing dome/face. 2 Month Cycle

Check thermostat, heater, (and blower) for proper operation.

2 Month Cycle

Test/Inspect camera for proper operation. 2 Month Cycle

Inspect cable for proper operation. 2 Month Cycle

2 of 3

Activity


Monthly

Semi‐Annually

Annually

Inspect assembly for environmental damage.

2 Month Cycle

Adjust camera if necessary. 2 Month Cycle

Insert camera lens. 2 Month Cycle

Tree trimming for CCTV line of sight. X

DMS

Pixel Panels Message Display. 2 Month Cycle

Clean to Remove Dirt or Contaminants. 2 Month Cycle

Remove Dirt/Dust with Soft Cloth, Sponge and Water.

2 Month Cycle

Wiring – Check for Cracked/Frayed Insulation and Moisture Damage. Repair or Replace as Part of Routine Maintenance if Extensive.

X

Panel Rail Assembly. X

Check and Clean Panel Rail Assembly for Contamination. Clean and Remove as Necessary.

X

Vehicle Monitoring/Data Collection

Check device for proper operation. X

Recalibrate detector as necessary. X

Electric Power Plant, Including Line Power Services from Service Pole/Pedestal to Equipment, Transformers

Inspect Pole, Meter, Ground and Service Disconnect for Corrosion, loose wires and connections.

X

Replace Fuses/Circuit Breakers, as Needed. X

Perform Amp probe test on Power Feed Cable.

X

Solar Panels. X

Solar Panel Batteries. X

Lightning, Surge and Grounding

Inspect connections monthly as part of Cabinet Inspection.

X

Repair loose wires as needed. X

Lightning Suppression Devices – Air Terminal UL96A

Visually Inspect for loose air terminal or ground wire connections ‐ Repair as needed.

X

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Activity


Monthly

Semi‐Annually

Annually

Perform yearly test at Air Terminal, Recommend solution for 5 Ohm resistance.

X

Ground Readings. X

Inspect Monthly for loose wires or connections – repair as needed.

X

Perform Resistance test yearly at cabinets, Recommend solution for 5 Ohms resistance.

X

Pull/Splice Boxes

Dewatering Splice Boxes. X

Visual Inspection for apron, lid or box wall damage.

X

Visual inspection of splice enclosure integrity.

X

Sample RPM Plan

November 14, 2014 [RESPONSIVE AND ROUTINE PREVENTATIVE MAINTENANCE PLAN]

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ATTACHMENT 2

RESPONSIVE AND ROUTINE PREVENTATIVE MAINTENANCE PLAN

SAMPLE


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“EXHIBIT A”

ROUTINE PREVENTATIVE MAINTENANCE PLAN

1.0. ROUTINE PREVENTATIVE MAINTENANCE (RPM)

The CONTRACTOR shall perform the preventative diagnostic and maintenance activities as prescribed in

this document. The CONTRACTOR shall use best industry practices as well as the Florida Department of

Transportation (hereinafter, referred to as DEPARTMENT) and all applicable manufacturer’s

recommended diagnostic and maintenance procedures to ensure diagnostic and maintenance activities

result in operationally sound and reliable ITS system. The procedures will be continually developed and

improved with the use of manufacturer supplied documentation and lessons learned from the day‐to‐

day maintenance of the system. The RPM are to be performed by technicians with applicable

experience and training.

RPM will include replacing common expendable parts and materials such as fuses and filters. Further, if

the CONTRACTOR discovers a sudden equipment failure or problem, the CONTRACTOR is required to

diagnose and repair the problem while on‐site. This responsive repair will not require an approved

AUTHORIZATION if it can be completed within a one (1) labor hour period. Otherwise, it will be reported

to the City of Tallahassee (hereinafter, referred to as CITY) for further direction and AUTHORIZATION.

See Exhibit B for sample AUTHORIZATION form and Section 2 for required reporting for responsive

maintenance activities.

1.1. Preventative Maintenance Schedule

The CONTRACTOR shall perform RPM activities as described and scheduled in EXHIBIT C. Any changes to

the activities or schedule in EXHIBIT C shall be agreed upon in writing between the CONTRACTOR and

the CITY. The initial schedule shall be prepared by the CONTACTOR and submitted to the CITY and the

DEPARTMENT for review and approval within thirty (30) calendar days after Notice to Proceed. As a

minimum, the schedule will address all subsystems and components described in this Task. This Task

will be on‐going throughout the life of the Contract.

1.2. Communications Network Maintenance

The CONTRACTOR shall diagnose, maintain and repair all communication network infrastructure

including, fiber optic and copper media, optical and electrical transport and modulation devices, splices

SAMPLE


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and terminations, and network functionality. This Task will be on‐going throughout the life of the

Contract.

1.3. Closed Circuit Television (CCTV) Maintenance

The CONTRACTOR shall diagnose, maintain and repair all CCTV located along I‐10. Domed cameras are

used throughout the system to provide verification and monitoring of the roadway operations.

Transmissions are modulated and encoded onto the fiber optic network for central and remote viewing.

The CONTRACTOR shall also respond to any CCTV problems reported by the RTMC Manager or by an

approved representative. This Task will be on‐going throughout the life of the Contract.

1.4. Microwave Vehicle Detection System (MVDS) Maintenance

The CONTRACTOR shall diagnose, maintain and repair all MVDS devices located along I‐10. The

Wavetronix SmartSensor HD MVDS are currently used throughout the system to provide verification and

monitoring of the roadway operations. These MVDS provide live information on vehicle speed and

occupancy along I‐10 via fiber optic network to the RTMC as well as locally to the local hubs. The

CONTRACTOR shall also respond to any MVDS problems reported by the RTMC Manager or by an


1.5. Dynamic Message Signs (DMS) Maintenance

The CONTRACTOR shall diagnose, maintain and repair DMS systems that are used for the traveler

information dissemination along I‐10. The Skyline DMS are currently being used. These DMS are located

strategically throughout the system and consist of modular LED components with integral controllers.

The signs are connected via fiber optic network to the RTMC as well as to the local hubs. The

CONTRACTOR shall also respond to any DMS problems reported by the RTMC Manager or by an


1.6. Road Weather Information System (RWIS) Maintenance

The CONTRACTOR shall diagnose, maintain and repair RWIS systems that are used for detecting weather

related information such as wind speed, fog and ice, rain and river/creek water levels along I‐10. There

are several Vaisala RWIS systems that are currently in use. These RWIS are located strategically

throughout the system and consist of different sensors for each type of detection. The sensors are

connected via fiber optic network to the RTMC as well as to the local hubs. The CONTRACTOR shall also

SAMPLE


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respond to any RWIS problems reported by the RTMC Manager or by an approved representative. This

Task will be on‐going throughout the life of the Contract.

1.7. Power Service Point

The CONTRACTOR shall diagnose, maintain and repair the Department owned portion of the Electric

Power Service Points. The power service point consists of local utility company’s source power poles,

pedestals, meters and utility owned transformers as well as Department owned transformers, conduit,

switches, cables components and emergency generators. The CONTRACTOR will be responsible for

repair of Department owned electrical components. Tests will be performed periodically to verify

voltage levels and current draw. Emergency generators will be tested and maintained monthly such that

they will be available 24/7/365 for loss of power situations. The CONTRACTOR is responsible for the

monitoring of the LP Gas levels at each generator set never allowing that tank to fall below two‐thirds

full. Every attempt will be made to have the generators available for emergency or evacuation needs

when line power may not be available. The CONTRACTOR shall periodically check the UPS systems in

the local/master hubs along I‐10 corridor to ensure they remain operational at all time. The current UPS

units used in this project are by Alpha Technologies. This Task will be on‐going throughout the life of the

Contract.

1.8. Lighting, Surge Protection and Grounding Maintenance

The CONTRACTOR shall diagnose, maintain and repair lightning, surge protection and grounding

equipment. This equipment is arguably the most important item of replacement and maintenance.

Transient Voltage Suppression Systems (TVSS) outages are common in Florida due to the high rate of

lightning strikes. Grounding electrode resistances should be checked and corrected regularly so that

surges and lightning hits may dissipate appropriately. When an electrode is found to have been exposed

to a surge, it is common for the sand/soil to melt and form a layer of glass on outside of electrode.

Contractor shall determine appropriate response and make recommendation to the Department.

Additional electrodes may be placed in series with defective electrode or the defective electrode may be

replaced with a new electrode. This Task will be on‐going throughout the life of the Contract.

.

SAMPLE


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1.9. Common Equipment Maintenance

The CONTRACTOR shall diagnose, maintain and repair all common equipment and components.

Common components such as conduits and cabinets will be inspected regularly and cleaned

appropriately. Corrosion and broken or leaking equipment are to be identified, repair work tasks

AUTHORIZED and scheduled for Routine Non‐Recurring maintenance operations. This Task will be on‐

going throughout the life of the Contract.

1.10. RPM Reporting

The CONTRACTOR shall prepare and submit to the CITY a monthly report on all scheduled maintenance

completed in the previous month and planned for the next month. The report shall include a listing of

all identified but not addressed potential maintenance problems to the CITY. The CONTRACTOR and

CITY will cooperatively determine if these problems will be addressed during routine maintenance or

will be AUTHORIZED for repair as a Routine Recurring maintenance item. The CONTRACTOR will identify

routine maintenance items for which routine maintenance frequency should be increased, decreased or

added because unanticipated wear and tear on ITS equipment or maintenance was not anticipated at

the origination of this maintenance Contract. This Task will be on‐going throughout the life of the

Contract.

1.11. Basis of Payment for RPM

Payment for RPM activities will be made monthly as shown in Joint Project Agreement (JPA) amendment

at the agreed monthly contract rate for all RPM activities. DEPARTMENT reserves the right to add or

delete components and systems from the coverage in this section. If any changes are made, the CITY

will cooperatively negotiate with the CONTRACTOR on a new monthly price for Section 1.

SAMPLE


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2.0. RESPONSIVE MAINTENANCE

The responsive tasks are not predictable and hence cannot normally be scheduled. The RPM Tasks are

to be performed by technicians with applicable experience and training while the technicians assigned

for the Responsive Tasks shall be familiar with the DEPARTMENT’S ITS or will be accompanied by a

CONTRACTOR’S person who a has good working knowledge of the DEPARTMENT’S ITS.

2.1. General Administration of Responsive Tasks

Responsive Tasks are administered via written AUTHORIZATION. System trouble may be detected by

the CITY operators, by the DEPARTMENT or by others. The CITY may elect to perform some Responsive

maintenance with CITY personnel. If the CITY elects not to perform the maintenance, they will refer the

maintenance trouble to the DEPARTMENT for further action. The DEPARTMENT will refer the trouble

detected by the CITY or by any other sources to the CONTRACTOR. A draft AUTHORIZATION will be

prepared by DEPARTMENT and e‐mailed or site delivered to the CONTRACTOR Maintenance Manager to

diagnose the problem. The CONTRACTOR shall respond by going to the site and running through

diagnostic procedures to determine the cause of problem.

If diagnosis and/or repair will take longer than one (1) hour, the CONTRACTOR will complete the

appropriate fields of the AUTHORIZATION with a cost estimate including time, materials, MOT,

equipment and manpower required to facilitate the repair. The extent possible, the CONTRACTOR shall

use the menu of unit prices for manpower and most maintenance equipment (bucket trucks, cranes, 1

tons, etc.) as shown in JPA Amendment Basis of Payment. Most materials will be available from the

spare parts inventory. The completed AUTHORIZATION will be returned to the CITY for approval. Upon

receipt of the approved AUTHORIZATION, the CONTRACTOR shall complete the repair. After repair, the

CONTRACTOR shall report the actual costs to the OWNER’S REPRESENTATIVE. This report shall be

submitted and approved by the OWNER’S REPRESENTATIVE before payment is made for the authorized

repair.

For special circumstances, where parts are not in inventory or critical maintenance equipment does not

have a unit cost, the CONTRACTOR will research the costs and report them to the CITY as part of

Contract Administration Tasks. Up to three (3) estimates will be obtained. The CONTRACTOR will make

recommendations to the CITY regarding equipment procurement. At the option of the CITY, the lowest

cost may not be the only determinant factor.

SAMPLE


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Upon notification from the CITY, the CONTRACTOR shall respond with the required maintenance

personnel, equipment, materials and maintenance of traffic to resolve the problems that are associated

with Emergency and Non‐Emergency maintenance needs as discussed below.

The CONTRACTOR shall immediately notify the CITY if the estimated cost will need to be increased by

more than 10%.

The CONTRACTOR shall immediately notify the CITY if the repairs cannot be completed or take longer

than anticipated.

This Task will be on‐going throughout the life of the Contract.

2.2. Diagnostics and Troubleshooting

The CONTRACTOR shall diagnose and troubleshoot problems that are identified by or referred to the

CONTRACTOR by the CITY. Troubleshooting basically defines a logical path from an ambiguous origin to

a specific cause. Each scenario has its unique troubleshooting approach. The CONTRACTOR shall

undertake a logical step‐by‐step process to isolate the cause of the problem. In many cases the logic

process may dictate that another subsystem be checked. However, in all cases the root cause may be

determined by logical elimination of causes until the exact cause is found.

This Task occurs unpredictably and is a first response to Routine or Emergency trouble calls. One (1)

hour minimum of labor and equipment is needed for each diagnosis. MOT may also be required.

Diagnoses will be paid per hour inclusive of technician and equipment (bucket truck, etc.), from

beginning to end.


2.3. Routine Responsive Maintenance

Routine Responsive Maintenance is the basic operation relative to any responsive work unless the CITY

decides that Emergency Responsive Task procedures apply (Section 2.4). The CONTRACTOR shall initiate

a diagnosis and troubleshooting process in order to define the follow‐up work that is needed to repair

the problem. An AUTHORIZATION will be issued by the CITY to commence maintenance work. The

SAMPLE


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CONTRACTOR will respond within 24 Hours during normal working hours. Every attempt will be made to

repair problem within the needed time frame. Expendable and Spare Parts will be used if needed or the

CONTRACTOR will report back to the CITY of any additional parts that may be required to complete the

repair. After all work is complete, inspection and AUTHORIZATION payment approval will be

administered by the CITY. Maintenance will be paid by the hour inclusive of technician(s) and

equipment (bucket truck, etc.) and for replacement parts not available from inventory, from beginning

to end of the Task.

Within 24 hours of notification or detection of a routine maintenance problem, the CONTACTOR shall

diagnose the trouble and recommend to the CITY a solution along with an estimate of labor, materials,

and equipment needed to implement the solution. The CONTRACTOR will report the solution and costs

to the CITY and await written/emailed AUTHORIZATION before proceeding with the repair. If during the

diagnosis (or during preventative maintenance undertaken according to Section 1.0), the CONTRACTOR

determines the repair will take one (1) hour or less, the CONTRACTOR shall immediately implement the

repair and report the nature of the problem, the results of the repair and a report of actual labor,

materials, maintenance of traffic and equipment to the CITY.


2.4. Emergency Responsive Maintenance

Emergency Maintenance will be administered similarly as Routine Maintenance except that the CITY has

determined that the problem, by its nature, requires an immediate response within or outside of normal

working hours. Upon notification from the CITY that Emergency Responsive Maintenance is required,

the CONTRACTOR will initiate the applicable diagnostic and troubleshooting process within one (1) hour

and advise the CITY about recommended repairs, including labor, equipment and parts, within four (4)

hours or less. The CITY will issue a written AUTHORIZATION to the CONTRACTOR. The CITY may give

preliminary verbal AUTHORIZATION before the written AUTHORIZATION if the nature of the trouble

involves public safety or security. If the Emergency Responsive Task can be completed within one (1)

the CONTRACTOR shall complete the repair without waiting for an AUTHORIZATION and, upon

completion of the repair, report the nature of the repair, labor, equipment, maintenance of traffic, and

materials used to the CONTRACTOR’S REPRESENTATIVE. Repair response will be as immediate as

possible and can include email. The CONTRACTOR shall use Expendable and Spare Parts, as needed, or

SAMPLE


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the CONTRACTOR will report back to the CITY of any additional parts that may be required to complete

the repair. After all work is completed and the CITY inspection is performed, payment will be authorized.


2.5. Underground Locates

The ability of an Agency to locate their underground infrastructure will enhance their ability to get the

most life out of their system and avoid costly repairs. The CONTRACTOR is required to possess the

equipment and trained personnel to locate underground lines up to 1,000 feet increments.

The CONTRACTOR shall provide utility locate service in 1,000 feet increments. Upon Contract execution,

the CONTRACTOR shall register with Sunshine State One Call of Florida. A requirement of Sunshine One

membership is that underground lines must be located within 48‐hours of their notification. This being

the case, upon notification from Sunshine One, the CONTRACTOR will inform CITY immediately of the

request for locating. Typically, the CITY will need to issue an immediate AUTHORIZATION to the

CONTRACTOR.


2.6. Basis of Payment for Responsive Maintenance

The CONTRACTOR will be paid the actual costs for all responsive maintenance accomplished under the

provisions of this section resulting from approved AUTHORIZATIONS from the CITY or resulting from

responsive maintenance activities completed in one (1) hour or less that are reported to the CITY as

required. Emergency Maintenance will be paid per hour (overtime rate after 5:00 PM) inclusive of

technician and equipment (bucket truck, etc.), from beginning to end of the Task. Underground Locates

will be paid per 1,000 feet occurrence. Contract prices for labor, equipment, and maintenance of traffic

are described in the JPA Amendment Basis of Payment.

SAMPLE

EXHIBIT "B" METHOD OF COMPENSATION 1.0 PURPOSE:

This Exhibit defines the limits and method of compensation to be made to the Contractor for services set forth in Exhibit "A" and the method by which payments shall be made.

2.0 ASSIGNMENT OF WORK:

The Department shall request Contractor services on an as-needed basis. Services to be provided on each project will be initiated and completed as directed by the Project Manager. A "Task Work Order" (TWO) will be issued for each project scheduled.

3.0 COMPENSATION:

The total of all authorizations shall not exceed a Budgetary Ceiling of $4,760,000.00.

This is a Term Contract for an Indefinite Quantity whereby the Contractor agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract. The Department, based on need and availability of budget, may increase or decrease the Budgetary Ceiling by Amendment. Execution of this Agreement does not guarantee that the work will be authorized.

The contract Budgetary Ceiling shall be made up of: $ 952,000.00 from Fiscal Year 2015-2016 $ 952,000.00 from Fiscal Year 2016-2017 $ 952,000.00 from Fiscal Year 2017-2018 $ 952,000.00 from Fiscal Year 2018-2019 $ 952,000.00 from Fiscal Year 2019-2020 The Contractor shall not provide services that exceed the Fiscal Year amount(s) without an approved Amendment from the Department.

4.0 ESTABLISHMENT OF LETTER OF AUTHORIZATION AMOUNT:

For each "Task Work Order" (TWO) the Contractor, following the Scope of Services as set forth in Exhibit "A", shall prepare an estimate of work and price

based on the rates established in Exhibit "C", and allowable expenses. Once an

acceptable Maximum Amount has been agreed upon by the Contractor and

the Department's Project Manager, a "Task Work Order" shall be issued by

the Project Manager. All work authorizations shall be completed within the term of this Agreement.

5.0 PROGRESS PAYMENTS:

The Contractor shall submit monthly invoices (3 copies) in a format acceptable to

the Department. For the satisfactory performance of the services detailed in each "Task Work Order", the Contractor shall be paid up to the Maximum Amount of each Authorization. Payment shall be made at the contract hourly billing rates in Exhibit “C”, for services provided, as approved by the Department. The contract hourly billing rates shall include the costs of salaries, overhead, fringe benefits and operating margin. Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the

Department. The invoice shall include documentation of man-hours

provided and itemization of costs incurred (including receipts). Invoices shall be submitted to: Florida Department of Transportation District Three Traffic Operations Attn: Kenny Shiver 1074 Highway 90 Chipley, Florida 32428 The Contractor has certified that ____% MBE/DBE utilization would be achieved for this contract. If MBE utilization was certified by the Contractor, an MBE payment certification form shall be submitted with each invoice to verify the MBE utilization.

6.0 DETAILS OF UNIT RATES:

Details of Unit Rates for the performance of the Contractor’s services set forth in Exhibit "A" are contained in Exhibit "C", attached hereto and made a part hereof.

7.0 TANGIBLE PERSONAL PROPERTY:

This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S.

1

ITN-DOT -14/15-3023LD

EXHIBIT "C"

PRELIMINARY PRICE PROPOSAL

TRANSPORTATION MANAGEMENT CENTER AT CHIPLEY CHIPLEY RTMC/FMS MAINTENANCE SCOPE OF SERVICES

FINANCIAL PROJECT NUMBER 432610-1-72-07

Job Classification Proposed Standard Hourly Rate

Proposed Overtime/Emergency Hourly Rate

Contractor Project Manager

IT Network Manager

RTMC IT Technician

Field Technician Foreman

Field Technician (1 of 2)

Field Technician (2 of 2)

This is a preliminary price proposal. Not all positions are expected to be utilized immediately and some may not be utilized at all, but are being negotiated for coverage if the need arises. All rates are subject to negotiations during the ITN process. All of the above rates must be included; any innovative pricing schemes may be included as an alternate to this sheet at the discretion of the Contractor. Deliver the proposed pricing scheme to the Department with the responses to the Qualification Questionnaire. The final negotiated rates are locked in for the term of this contract including any extensions or renewals. These rates shall be applied as defined in Exhibit “A”. Hourly Rates shall be inclusive of all costs and expenses to the Contractor throughout the contract period, to include, but not limited to, labor, premium overtime, drug testing, insurance, equipment, supplies, overhead, cost of living adjustment, merit pay increase, and operating margin.

MFMP Transaction Fee: All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1% MFMP Transaction Fee in accordance with the attached From PUR 1000 General Contract Condition #14. NOTE: In submitting a response, the bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions. ACKNOWLEDGEMENT: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Bidder: _______________________________________________FEID#___________________________ Address: _____________________________________City, State, Zip: ____________________________ Phone: ___________________ Fax: __________________ E-mail: _______________________________ Authorized Signature: ___________________________________ Date: __________________________ Printed/Typed: _________________________________________ Title: __________________________

BY THIS AGREEMENT, made and entered into this day of , , by and

of

1. SERVICES AND PERFORMANCE

A. In connection with

,

the Department does hereby retain the Vendor to furnish certain services, information, and items asdescribed in Exhibit "A," attached hereto and made a part hereof.

B. Before making any additions or deletions to the work described in this Agreement, and before undertakingany changes or revisions to such work, the parties shall negotiate any necessary cost changes and shallenter into an Amendment covering such work and compensation. Reference herein to this Agreementshall include any amendment(s).

C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under thisAgreement, as well as all data collected, together with summaries and charts derived therefrom, shall bethe exclusive property of the Department without restriction or limitation on their use and shall be madeavailable, upon request, to the Department at any time during the performance of such services and/orupon completion or termination of this Agreement. Upon delivery to the Department of said document(s),the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes.The Vendor shall not copyright any material and products or patent any invention developed under thisAgreement. The Department shall have the right to visit the site for inspection of the work and theproducts of the Vendor at any time.

D. All final plans, documents, reports, studies, and other data prepared by the Vendor shall bear theprofessional's seal/signature, in accordance with the applicable Florida Statutes, Administrative Rulespromulgated by the Department of Business and Professional Regulation, and guidelines published bythe Department, in effect at the time of execution of this Agreement. In the event that changes in thestatutes or rules create a conflict with the requirements of published guidelines, requirements of thestatutes and rules shall take precedence.

E. The Vendor agrees to provide project schedule progress reports in a format acceptable to the Departmentand at intervals established by the Department. The Department shall be entitled at all times to beadvised, at its request, as to the status of work being done by the Vendor and of the details thereof.Coordination shall be maintained by the Vendor with representatives of the Department, or of otheragencies interested in the project on behalf of the Department. Either party to this Agreement mayrequest and be granted a conference.

F. All services shall be performed by the Vendor to the satisfaction of the Director who shall decide allquestions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of thisAgreement, the prosecution and fulfillment of the services hereunder and the character, quality, amountof value thereof; and the decision upon all claims, questions, and disputes shall be final and binding uponthe parties hereto. Adjustments of compensation and contract time because of any major changes in thework that may become necessary or desirable as the work progresses shall be subject to mutualagreement of the parties, and amendment(s) shall be entered into by the parties in accordance herewith.

Reference herein to the Director shall mean the


STANDARD WRITTEN AGREEMENT

duly authorized to conduct business in the State of Florida, hereinafter called "Vendor," hereby agree as follows:

between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and

Agreement No.:

Financial Project I.D.:

Procurement No.:

D.M.S. Catalog Class No.:

Appropriation Bill Number(s)/Line Item Number(s) for 1st year of

contract, pursuant to s. 216.313, F.S.:(required for contracts in excess of $5 million)

PROCUREMENT

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Page 1 of 9OGC - 08/14

432610-1-72-07


Regional Transportation Management Center at Chipley FMS/RTMC Maintenance

Support Services Services

Director of Transportation Operations

F.E.I.D. No:

TERM

Initial Term. This Agreement shall begin on date of execution and shall remain in full force and effectthrough completion of all services required or , whicheveroccurs first. Subsequent to the execution of this Agreement by both parties, the services to be renderedby the Vendor shall commence and be completed in accordance with the option selected below. (Selectbox and indicate date(s) as appropriate):

Other: See Exhibit "A"

Services shall commence upon written notice from the Department's Contract Manager and shall be

Services shall commence and shall be completed by

or date of termination, whichever occurs first.

completed by or date of termination, whichever occurs first.

RENEWALS (Select appropriate box):

EXTENSIONS. In the event that circumstances arise which make performance by the Vendorimpracticable or impossible within the time allowed or which prevent a new contract from being executed,the Department, in its discretion, may grant an extension of this Agreement. Extension of this Agreementmust be in writing for a period not to exceed six (6) months and is subject to the same terms andconditions set forth in this Agreement and any written amendments signed by the parties; provided theDepartment may, in its discretion, grant a proportional increase in the total dollar amount based on themethod and rate established herein. There may be only one extension of this Agreement unless thefailure to meet the criteria set forth in this Agreement for completion of this Agreement is due to eventsbeyond the control of the Vendor.

It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the ProjectSchedule within which to complete services on the project. In the event there have been delays whichwould affect the project completion date, the Vendor shall submit a written request to the Departmentwhich identifies the reason(s) for the delay and the amount of time related to each reason. TheDepartment shall review the request and make a determination as to granting all or part of the requestedextension.

COMPENSATION AND PAYMENT

Payment shall be made only after receipt and approval of goods and services unless advance paymentsare authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, FloridaStatutes. Deliverable(s) must be received and accepted in writing by the Contract Manager on theDepartment’s invoice transmittal forms prior to payment. If the Department determines that theperformance of the Vendor is unsatisfactory, the Department shall notify the Vendor of the deficiency tobe corrected, which correction shall be made within a time-frame to be specified by the Department. TheVendor shall, within five days after notice from the Department, provide the Department with a correctiveaction plan describing how the Vendor will address all issues of contract non-performance, unacceptableperformance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Vendor shall beassessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainageshall be applied to the invoice for the then-current billing period. The retainage shall be withheld until thevendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill theDepartment for the retained amount during the next billing period. If the Vendor is unable to resolve thedeficiency, the funds retained may be forfeited at the end of the agreement period.

This Agreement may not be renewed.

This Agreement may be renewed for a period that may not exceed three (3) years or the term of theoriginal contract, whichever is longer. Renewals are contingent upon satisfactory performanceevaluations by the Department and subject to the availability of funds. Costs for renewal may not becharged. Any renewal or extension must be in writing and is subject to the same terms andconditions set forth in this Agreement and any written amendments signed by the parties.

2.

A.

B.

C.

3.

A.

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The State of Florida, through the Department of Management Services, has institutedMyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22), FloridaStatutes, all payments shall be assessed a transaction fee of one percent (1%), which the Vendor shallpay to the State. For payments within the State accounting system (FLAIR or its successor), thetransaction fee shall, when possible, be automatically deducted from payments to the Vendor. Ifautomatic deduction is not possible, the Vendor shall pay the transaction fee pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments, Vendorcertifies their correctness. All such reports and payments shall be subject to audit by the State or itsdesignee. The Vendor shall receive a credit for any transaction fee paid by the Vendor for the purchaseof any item(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor.Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned,or declined, due to the Vendor's failure to perform or comply with specifications or requirements of theAgreement. Failure to comply with these requirements shall constitute grounds for declaring the Vendorin default and recovering reprocurement costs from the Vendor in addition to all outstanding fees.VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROMCONDUCTING FUTURE BUSINESS WITH THE STATE.

Records of costs incurred under terms of this Agreement shall be maintained and made available uponrequest to the Department at all times during the period of this Agreement and for three (3) years afterfinal payment for the work pursuant to this Agreement is made. Copies of these documents and recordsshall be furnished to the Department upon request. Records of costs incurred shall include the Vendor'sgeneral accounting records and the project records, together with supporting documents and records ofthe Vendor and all subcontractors performing work on the project, and all other records of the Vendor andsubcontractors considered necessary by the Department for a proper audit of project costs.

The Department, during any fiscal year, shall not expend money, incur any liability, or enter into anycontract which, by its terms, involves the expenditure of money in excess of the amounts budgeted asavailable for expenditure during such fiscal year. Any contract, verbal or written, made in violation of thissubsection is null and void, and no money may be paid on such contract. The Department shall require astatement from the comptroller of the Department that funds are available prior to entering into any suchcontract or other binding commitment of funds. Nothing herein contained shall prevent the making ofcontracts for periods exceeding one (1) year, but any contract so made shall be executory only for thevalue of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, theDepartment's performance and obligation to pay under this Agreement is contingent upon an annualappropriation by the Legislature.

F. If a payment is not available within forty (40) days, a separate interest penalty as established pursuant toSection 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to theVendor. Interest penalties of less than one (1) dollar shall not be enforced unless the Vendor requestspayment. Invoices which have to be returned to a Vendor because of Vendor preparation errors shallresult in a delay in the payment. The invoice payment requirements do not start until a properlycompleted invoice is provided to the Department.

G.

I.

J.

H. A vendor ombudsman has been established within the Department of Financial Services. The duties ofthis individual include acting as an advocate for vendors who may be experiencing problems in obtainingtimely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

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If this Agreement involves units of deliverables, then such units must be received and accepted in writingby the Contract Manager prior to payments.

Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for aproper preaudit and postaudit thereof.

The bills for any travel expenses, when authorized by terms of this Agreement and by the Department'sProject Manager, shall be submitted in accordance with Section 112.061, Florida Statutes, and theDepartment's Disbursement Handbook - For Employees and Managers.

B.

C.

D.

E. Vendors providing goods and services to the Department should be aware of the following time frames.Upon receipt, the Department has five (5) working days to inspect and approve the goods and services,unless otherwise specified herein. The Department has twenty (20) days to deliver a request for payment(voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter ofthe date the invoice is received or the goods or services are received, inspected and approved.

B.

$

C. WORKERS' COMPENSATION. The Vendor shall also carry and keep in force Workers' Compensationinsurance as required for the State of Florida under the Workers' Compensation Law.

D. PERFORMANCE AND PAYMENT BOND. (Select as appropriate):

Prior to commencement of any services pursuant to this Agreement and at all times during the term

No Bond is required.

hereof, including renewals and extensions, the Vendor will supply to the Department and keep inforce a bond provided by a surety authorized to do business in the State of Florida, payable to theDepartment and conditioned for the prompt, faithful, and efficient performance of this Agreementaccording to the terms and conditions hereof and within the time periods specified herein, and for theprompt payment of all persons furnishing labor, materials, equipment, and supplies therefor.

E. CERTIFICATION. With respect to any general liability insurance policy required pursuant to thisAgreement, all such policies shall be issued by companies licensed to do business in the State of Florida.The Vendor shall provide to the Department certificates showing the required coverage to be in effect withendorsements showing the Department to be an additional insured prior to commencing any work underthis Contract. Policies that include Self Insured Retention (SIR) will not be accepted. The certificates andpolicies shall provide that in the event of any material change in or cancellation of the policies reflectingthe required coverage, thirty days advance notice shall be given to the Department or as provided inaccordance with Florida law.

LIABILITY INSURANCE. (Select and complete as appropriate):

insurance policy or policies with a company or companies authorized to do business in Florida,affording public liability insurance with a combined bodily injury limits of at least $per person and $ each occurrence, and property damage insurance of at least

each occurrence, for the services to be rendered in accordance with this

Agreement.

with this Agreement in the amount of $ .

insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675 andSection 337.106, Florida Statutes, with a company or companies authorized to do business in theState of Florida, affording liability coverage for the professional services to be rendered in accordance

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No general liability insurance is required.

The Vendor shall carry and keep in force during the term of this Agreement, a general liability

The Vendor shall have and maintain during the term of this Agreement, a professional liability

INDEMNITY AND PAYMENT FOR CLAIMS

INDEMNITY: To the extent permitted by Florida Law, the Vendor shall indemnify and hold harmless theDepartment, its officers and employees from liabilities, damages, losses, and costs, including, but notlimited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentionalwrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance ofthis Agreement.

It is specifically agreed between the parties executing this Agreement that it is not intended by any of theprovisions of any part of the Agreement to create in the public or any member thereof, a third partybeneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personalinjuries or property damage pursuant to the terms or provisions of this Agreement.

PAYMENT FOR CLAIMS: The Vendor guaranties the payment of all just claims for materials, supplies,tools, or labor and other just claims against the Vendor or any subcontractor, in connection with theAgreement. The Department's final acceptance and payment does not release the Vendor's bond until allsuch claims are paid or released.

4.

A.

1,000,000.001,000,000.00

1,000,000.00

Any person who is employed by the Department and who is licensed by the Department ofBusiness and Professional Regulation and who, through the course of the person's employment,has knowledge to believe that any person has violated the provisions of state professionallicensing laws or rules shall submit a complaint regarding the violations to the Department ofBusiness and Professional Regulation. Failure to submit a complaint about the violations may begrounds for disciplinary action pursuant to Chapter 455, Florida Statutes, and the state licensinglaw applicable to that licensee. The complaint shall be confidential.

Any complaints submitted to the Department of Business and Professional Regulation areconfidential and exempt from Section 119.07(1), Florida Statutes, pursuant to Chapter 455,Florida Statutes, and applicable state law.

The Vendor covenants and agrees that it and its employees and agents shall be bound by the standardsof conduct provided in applicable law and applicable rules of the Board of Business and ProfessionalRegulation as they relate to work performed under this Agreement. The Vendor further covenants andagrees that when a former state employee is employed by the Vendor, the Vendor shall require that strictadherence by the former state employee to Sections 112.313 and 112.3185, Florida Statutes, is acondition of employment for said former state employee. These statutes will by reference be made a partof this Agreement as though set forth in full. The Vendor agrees to incorporate the provisions of thisparagraph in any subcontract into which it might enter with reference to the work performed pursuant tothis Agreement.

(2)

(3)

E.

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B. The Vendor agrees that it shall make no statements, press releases or publicity releases concerning thisAgreement or its subject matter or otherwise discuss or permit to be disclosed or discussed any of thedata or other information obtained or furnished in compliance with this Agreement, or any particularsthereof, during the period of the Agreement, without first notifying the Department's Contract Managerand securing prior written consent. The Vendor also agrees that it shall not publish, copyright, or patentany of the data developed under this Agreement, it being understood that such data or information areworks made for hire and the property of the Department.

C. The Vendor shall comply with all federal, state, and local laws and ordinances applicable to the work orpayment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, nationalorigin, age, or disability in the performance of work under this Agreement.

D. If the Vendor is licensed by the Department of Business and Professional Regulation to perform theservices herein contracted, then Section 337.162, Florida Statutes, applies as follows:

(1) If the Department has knowledge or reason to believe that any person has violated the provisionsof state professional licensing laws or rules, it shall submit a complaint regarding the violations tothe Department of Business and Professional Regulation. The complaint shall be confidential.

5. COMPLIANCE WITH LAWS

A. The Vendor shall allow public access to all documents, papers, letters, or other material subject to theprovisions of Chapter 119, Florida Statutes, and made or received by the Vendor in conjunction with thisAgreement. Specifically, if the Vendor is acting on behalf of a public agency the Vendor shall:

Keep and maintain public records that ordinarily and necessarily would be required by theDepartment in order to perform the services being performed by the Vendor.

Meet all requirements for retaining public records and transfer, at no cost, to the Department allpublic records in possession of the Vendor upon termination of the contract and destroy anyduplicate public records that are exempt or confidential and exempt from public records disclosurerequirements. All records stored electronically must be provided to the Department in a format that iscompatible with the information technology systems of the Department.

(4)

Ensure that public records that are exempt or confidential and exempt from public records disclosurerequirements are not disclosed except as authorized by law.

(3)

Provide the public with access to public records on the same terms and conditions that theDepartment would provide the records and at a cost that does not exceed the cost provided inChapter 119, Florida Statutes, or as otherwise provided by law.

(2)

(1)

Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation ofthis Agreement by the Department. The Vendor shall promptly provide the Department with a copy of anyrequest to inspect or copy public records in possession of the Vendor and shall promptly provide theDepartment a copy of the Vendor's response to each such request.

ASSIGNMENT AND SUBCONTRACTS

The Vendor shall maintain an adequate and competent staff so as to enable the Vendor to timely performunder this Agreement and may associate with it such subcontractors, for the purpose of its serviceshereunder, without additional cost to the Department, other than those costs within the limits and terms ofthis Agreement. The Vendor is fully responsible for satisfactory completion of all subcontracted work.The Vendor, however, shall not sublet, assign, or transfer any work under this Agreement to other thansubcontractors specified in the proposal, bid, and/or Agreement without the written consent of theDepartment.

7.

A.

E. For Agreements $1,000,000 and greater, if the Department determines the Vendor submitted a falsecertification under Section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies withActivities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum EnergySector List, the Department shall either terminate the Agreement after it has given the Vendor notice andan opportunity to demonstrate the Department's determination of false certification was in error pursuantto Section 287.135(5)(a), Florida Statutes, or maintain the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.

satisfactorily completed is a percentage of the total work called for by this Agreement. All work inprogress shall become the property of the Department and shall be turned over promptly by the Vendor.

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If the Agreement is terminated before performance is completed, the Vendor shall be paid only for thatwork satisfactorily performed for which costs can be substantiated. Such payment, however, may notexceed an amount which is the same percentage of the agreement price as the amount of work

TERMINATION AND DEFAULT

This Agreement may be canceled by the Department in whole or in part at any time the interest of theDepartment requires such termination. The Department reserves the right to terminate or cancel thisAgreement in the event an assignment be made for the benefit of creditors.

If the Department determines that the performance of the Vendor is not satisfactory, the Department shallhave the option of (a) immediately terminating the Agreement, or (b) notifying the Vendor of the deficiencywith a requirement that the deficiency be corrected within a specified time, otherwise the Agreement willbe terminated at the end of such time, or (c) taking whatever action is deemed appropriate by theDepartment.

If the Department requires termination of the Agreement for reasons other than unsatisfactoryperformance of the Vendor, the Department shall notify the Vendor of such termination, with instructionsas to the effective date of termination or specify the stage of work at which the Agreement is to beterminated.

6.

A.

B.

C.

D.

A person or affiliate who has been placed on the convicted vendor list following a conviction for a publicentity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to apublic entity, may not submit a bid, proposal, or reply on a contract with a public entity for the constructionor repair of a public building or public work, may not submit bids, proposals, or replies on leases of realproperty to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entityin excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWOfor a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids, proposals, or replies on leases of real property to a public entity, may not beawarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with apublic entity, and may not transact business with any public entity.

The Department shall consider the employment by any vendor of unauthorized aliens a violation ofSection 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorizedaliens, such violation shall be cause for unilateral cancellation of this agreement.

Pursuant to Section 216.347, Florida Statutes, the vendor may not expend any State funds for thepurpose of lobbying the Legislature, the judicial branch, or a state agency.

F.

G.

H.

I.

This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions,or obligations other than those contained herein, and this Agreement shall supersede all previouscommunications, representations, or agreements, either verbal or written, between the parties hereto.The State of Florida terms and conditions, whether general or specific, shall take precedence over andsupersede any inconsistent or conflicting provision in any attached terms and conditions of the Vendor.

All words used herein in the singular form shall extend to and include the plural. All words used in theplural form shall extend to and include the singular. All words used in any gender shall extend to andinclude all genders.

C.

B.

MISCELLANEOUS

The Vendor and its employees, agents, representatives, or subcontractors are not employees of theDepartment and are not entitled to the benefits of State of Florida employees. Except to the extentexpressly authorized herein, Vendor and its employees, agents, representatives, or subcontractors arenot agents of the Department or the State for any purpose or authority such as to bind or represent theinterests thereof, and shall not represent that it is an agent or that it is acting on the behalf of theDepartment or the State. The Department shall not be bound by any unauthorized acts or conduct of theVendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include thisprovision in all its subcontracts under this Agreement.

8.

A.

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as noted above, does not apply. However, Appendix I is applicable to all parties and is hereof madea part of this Agreement.

This Agreement involves the expenditure of federal funds and Section 946.515, Florida Statutes,

PRIDE Enterprises12425 - 28th Street, NorthSt. Petersburg, FL 33716-1826(800)643-8459

It is expressly understood and agreed that any articles which are the subject of, or required to carryout this Agreement shall be purchased from the corporation identified under Chapter 946, FloridaStatutes, in the same manner and under the procedures set forth in Sections 946.515(2) and (4),Florida Statutes; and for purposes of this Agreement the person, firm, or other business entity(Vendor) carrying out the provisions of this Agreement shall be deemed to be substituted for thisagency (Department) insofar as dealings with such corporation are concerned. The "corporationidentified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Availablepricing, products, and delivery schedules may be obtained by contacting:

The following provision is hereby incorporated in and made a part of this Agreement:

Select the appropriate box:

The following provision is not applicable to this Agreement:

The following provision is hereby incorporated in and made a part of this Agreement:

It is expressly understood and agreed that any articles that are the subject of, or required to carry outthis Agreement shall be purchased from a nonprofit agency for the blind or for the severelyhandicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner andunder the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and forpurposes of this Agreement the person, firm, or other business entity (Vendor) carrying out theprovisions of this Agreement shall be deemed to be substituted for the state agency (Department)insofar as dealings with such qualified nonprofit agency are concerned. RESPECT of Florida providesgovernmental agencies within the State of Florida with quality products and services produced bypersons with disabilities. Available pricing, products, and delivery schedules may be obtained bycontacting:

RESPECT2475 Apalachee PkwyTallahassee, Florida 32301-4946Phone: (850)487-1471

B.

The following attachments are incorporated and made a part of this agreement:

Other Provisions:

K.

L.

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Time is of the essence as to each and every obligation under this Agreement.J.

state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify

the employment eligibility of all new employees hired by the subcontractor during the contract term.

shall expressly require any subcontractors performing work or providing services pursuant to the2.

eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and

shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment1.

Vendor/Contractor:I.

It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is bythe courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remainingportions or provisions shall not be affected, and the rights and obligations of the parties shall be construedand enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

In any legal action related to this Agreement, instituted by either party, the Vendor hereby waives any andall privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating tovenue, as it now exists or may hereafter be amended, and any and all such privileges and rights it mayhave under any other statute, rule, or case law, including, but not limited to those grounded onconvenience. Any such legal action may be brought in the appropriate Court in the county chosen by theDepartment and in the event that any such legal action is filed by the Vendor, the Vendor herebyconsents to the transfer of venue to the county chosen by the Department upon the Department filing amotion requesting the same.

If this Agreement involves the purchase or maintenance of information technology as defined in Section282.0041, Florida Statutes, the selected provisions of the attached Appendix II are made a part of thisAgreement.

If this Agreement is the result of a formal solicitation (Invitation to Bid, Request for Proposal or Invitationto Negotiate), the Department of Management Services Forms PUR1000 and PUR1001, included in thesolicitation, are incorporated herein by reference and made a part of this Agreement.

D.

E.

F.

G.

H.

Exhibit "A", Scope of ServicesExhibit "B", Method of CompensationExhibit "C", Preliminary Price Proposal

Name of Vendor

BY:

Authorized Signature

(Print/Type)

Title:

STATE OF FLORIDADEPARTMENT OF TRANSPORTATION

BY:

Authorized Signature

(Print/Type)

Title:

FOR DEPARTMENT USE ONLY

APPROVED: LEGAL REVIEW:

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,month and year set forth above.

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Phillip W. Gainer, P.E.

Director of Transportation Operations

Procurement Office

State of Florida

PUR 1000

General Contract Conditions

Contents

1. Definitions.

2. Purchase Orders.

3. Product Version.

4. Price Changes Applicable only to Term Contracts.

5. Additional Quantities.

6. Packaging.

7. Inspection at Contractor’s Site.

8. Safety Standards.

9. Americans with Disabilities Act.

10. Literature.

11. Transportation and Delivery.

12. Installation.

13. Risk of Loss.

14. Transaction Fee.

15. Invoicing and Payment.

16. Taxes.

17. Governmental Restrictions.

18. Lobbying and Integrity.

19. Indemnification.

20. Limitation of Liability.

21. Suspension of Work.

22. Termination for Convenience.

23. Termination for Cause.

24. Force Majeure, Notice of Delay, and No Damages for Delay.

25. Changes.

26. Renewal.

27. Purchase Order Duration.

28. Advertising.

29. Assignment.

30. Antitrust Assignment

31. Dispute Resolution.

32. Employees, Subcontractors, and Agents.

33. Security and Confidentiality.

34. Contractor Employees, Subcontractors, and Other Agents.

35. Insurance Requirements.

36. Warranty of Authority.

37. Warranty of Ability to Perform.

38. Notices.

39. Leases and Installment Purchases.

40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).

41. Products Available from the Blind or Other Handicapped.

42. Modification of Terms.

43. Cooperative Purchasing.

44. Waiver.

45. Annual Appropriations.

46. Execution in Counterparts.

47. Severability.

1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional

terms are also defined:

(a) “Contract” means the legally enforceable agreement that results from a successful solicitation. The parties to the

Contract will be the Customer and Contractor.

(b) “Customer” means the State agency or other entity identified in a contract as the party to receive commodities or

contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other

contractual instrument from the Contractor under the Contract. The “Customer” may also be the “Buyer” as defined in

the PUR 1001 if it meets the definition of both terms.

(c) “Product” means any deliverable under the Contract, which may include commodities, services, technology or

software.

(d) “Purchase order” means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal

written purchase order, electronic purchase order, procurement card, contract or other authorized means).

2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order,

Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall

bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be

deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the

Contract terms and the terms stated on the Contractor’s order form, confirmation, or acknowledgement shall be resolved

in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of

the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f)

thereof. Customers shall designate a contract manager and a contract administrator as required by subsections

287.057(15) and (16) of the Florida Statutes.

3. Product Version. Purchase orders shall be deemed to reference a manufacturer’s most recently release model or

version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or

version and the contractor is willing to provide such model or version.

4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the

following provisions apply.

(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders.

Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the

Contract. State Customers shall document their files accordingly.

(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the

Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar

terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to

the lower price.

(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market

conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A

Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of

the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices

shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion.

(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be

negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value

when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide

documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273,

F.S.

(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms

or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is,

by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s

control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the

effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued

performance of the Contract would result in a substantial loss.

5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer

reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the

threshold for Category Two at the prices submitted in the response to the solicitation.

6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in

appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for

packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer’s

property.

7. Inspection at Contractor’s Site. The Customer reserves the right to inspect, at any reasonable time with prior notice,

the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and

to determine whether they are adequate and suitable for proper and effective Contract performance.

8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation

by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall

be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily

requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of

listings have been established for the type of device offered and furnished, for example: the American Society of

Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers’

Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In

addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state

and federal requirements relating to clean air and water pollution.

9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by

visually, hearing, or other physically impaired individuals.

10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for

example, user manuals, price schedules, catalogs, descriptive brochures, etc.

11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside

delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places

an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential

delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor

suspension.

12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in

the required locations at no additional charge, unless otherwise designated on the Contract or purchase order.

Contractor’s authorized product and price list shall clearly and separately identify any additional installation charges. All

materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance

of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment,

rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site

from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If

any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the

structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience

and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the

location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in

satisfactory repair and order.

13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss

or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all

damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage

on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and provide the

Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When a Customer rejects a product,

Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification,

the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by

the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to

dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or

effecting removal or disposition of rejected product.

14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System

(“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of

one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.

For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be

automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay

the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments,

Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.

Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such

item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the

foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s

failure to perform or comply with specifications or requirements of the agreement.

Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering

reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN

PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT

OF MANAGEMENT SERVICES’ VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C.

15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the

appropriate vendor identification number. The State may require any other information from the Contractor that the State

deems necessary to verify any purchase order placed under the Contract.

At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of

Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based

invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer

through the Ariba Supplier Network (ASN) in one of the following mechanisms – EDI 810, cXML, or web-based invoice

entry within the ASN.

Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time

limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a

delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments

by State Agencies. The Customer is responsible for all payments under the Contract. A Customer’s failure to pay, or

delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the

Department or to other Customers.

16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The

State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees’ wages.

Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of

the solicitation or in the Contract or purchase order.

17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that

require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the

Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves

the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the

Customer.

18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The

Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer,

or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion,

recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give

to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of

clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment,

gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind.

Upon request of the Customer’s Inspector General, or other authorized State official, the Contractor shall provide any

type of information the Inspector General deems relevant to the Contractor’s integrity or responsibility. Such information

may include, but shall not be limited to, the Contractor’s business or financial records, documents, or files of any type or

form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after

the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida

Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to

reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State

official for investigations of the Contractor’s compliance with the terms of this or any other agreement between the

Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but

shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and

documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the

Contractor’s suspension or debarment.

19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or

subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents,

and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising

from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in

part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not

indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a

Customer.

Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions,

damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or

infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the

foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s products or a Customer’s

operation or use of Contractor’s products in a manner not contemplated by the Contract or the purchase order. If any

product is the subject of an infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit,

the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to

become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to

continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess

of a reasonable rental for past use. The customer shall not be liable for any royalties.

The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the

State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take

over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at

Contractor’s sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by

the State or Customer in any legal action without the Contractor’s prior written consent, which shall not be unreasonably

withheld.

20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of

the basis on which the claim is made, the Contractor’s liability under a contract or purchase order for direct damages shall

be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges

rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the

Indemnity paragraph contain in this agreement.

Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for

special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order

requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible.

No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may,

http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm

in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies

from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted

by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State

against any payments due the Contractor under any contract with the State.

21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or

purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor

written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited

to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the

Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer

period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which

time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the

Contractor to any additional compensation.

22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in

whole or in part when the Customer determines in its sole discretion that it is in the State’s interest to do so. The

Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the

continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost

profits.

23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product

within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance

of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement.

Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on

any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any

excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault

or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the

cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault

or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the

subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required

delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was

excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the

convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights

and remedies provided by law or under the Contract.

24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay

resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents

contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or

other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or

suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is

excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the

delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could

reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days

after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL

CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.

Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,

other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an

increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or

other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of

delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in

whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor

shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly

impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated

performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers

with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the

Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which

purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.

25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from

the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may

make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance.

Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If

unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them.

26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for

a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the

renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is

contingent upon satisfactory performance evaluations and subject to availability of funds.

27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by

the Contractor no later than close of business on the last day of the contract’s term to be considered timely. The

Contractor is obliged to fill those orders in accordance with the contract’s terms and conditions. Purchase orders received

by the contractor after close of business on the last day of the state term or agency contract’s term shall be considered

void.

Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the

performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single

delivery/performance, and shall survive the termination of the Contract.

Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even

when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term

contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess

of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the

Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase

order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the

purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the

contractor’s notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn.

The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the

expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered

in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals

shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals.

Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and

conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and

shall survive the termination of the Contract.

Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying

contract expires prior to the effective date of the renewal.

28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information

concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the

Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or

otherwise linking the Contractor’s name and either a description of the Contract or the name of the State or the Customer

in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or

actual authorized distributors, dealers, resellers, or service representative.

29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the

Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer.

In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the

Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to

Contractor of its intent to do so.

30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice,

overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor

hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased

in connection with the Contract.

31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's

designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision

shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the

Customer a petition for administrative hearing. The Customer’s decision on the petition shall be final, subject to the

Contractor’s right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an

absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however,

that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120.

Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the

Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the

parties waive any right to jury trial.

32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work

under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon

request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees,

subcontractors, or agents performing work under the Contract must comply with all security and administrative

requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are

providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check

or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or

require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality

of work, change in security status, or non-compliance with a Customer’s security or other requirements. Such approval

shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may

reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents.

33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States,

State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any

confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or

employees in the course of performing Contract work, including, but not limited to, security procedures, business

operations information, or commercial proprietary information in the possession of the State or Customer. The

Contractor shall not be required to keep confidential information or material that is publicly available through no fault of

the Contractor, material that the Contractor developed independently without relying on the State’s or Customer’s

confidential information, or material that is otherwise obtainable under State law as a public record. To insure

confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties

of this paragraph shall survive the Contract.

34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions

necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of

Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other

agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer

other than the State of Florida.

35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial

insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and

maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall

provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be

interpreted as limiting the Contractor’s liability and obligations under the Contract. All insurance policies shall be through

insurers authorized or eligible to write policies in Florida.

36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to

bind the respective party to the Contract.

37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or

threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit,

restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor

any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on

any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the

Customer in writing if its ability to perform is compromised in any manner during the term of the Contract.

38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by

reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as

otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract.

Either designated recipient may notify the other, in writing, if someone else is designated to receive notice.

39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001,

F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the

Category Two amount established by section 287.017 of the Florida Statutes.

40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires

the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which

are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter

946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2)

and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the

provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are

concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com.

41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following

statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of,

or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely

Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same

procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or

other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency

insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated

nonprofit agency and the products it offers is available at http://www.respectofflorida.org.

42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms

and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be

modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or

representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the

Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not

unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or

inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product,

whether written or electronic) or by incorporating such terms onto the Contractor’s order or fiscal forms or other

documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of

documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the

proposed modification to terms and conditions.

43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor,

other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases

are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction

between the Contractor and any other purchaser.

State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16) (a),

F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is

http://www.pridefl.com/

http://www.respectofflorida.org/

cost-effective and in the best interest of the State.

44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not

constitute or be deemed a waiver of the Customer’s right thereafter to enforce those rights, nor shall any single or partial

exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.

45. Annual Appropriations. The State’s performance and obligation to pay under this contract are contingent upon an

annual appropriation by the Legislature.

46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and

all of which shall constitute but one and the same instrument.

47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced

only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain

in full force and effect.

State of Florida

PUR 1001

General Instructions to Respondents

Contents

1. Definitions.

2. General Instructions.

3. Electronic Submission of Responses.

4. Terms and Conditions.

5. Questions.

6. Conflict of Interest.

7. Convicted Vendors.

8. Discriminatory Vendors.

9. Respondent’s Representation and Authorization.

10. Manufacturer’s Name and Approved Equivalents.

11. Performance Qualifications.

12. Public Opening.

13. Electronic Posting of Notice of Intended Award.

14. Firm Response.

15. Clarifications/Revisions.

16. Minor Irregularities/Right to Reject.

17. Contract Formation.

18. Contract Overlap.

19. Public Records.

20. Protests.

21. Limitation on Vendor Contact with Agency During Solicitation Period

1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional

terms are also defined:

(a) "Buyer" means the entity that has released the solicitation. The “Buyer” may also be the “Customer” as defined in

the PUR 1000 if that entity meets the definition of both terms.

(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials.

(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions.

(d) "Response" means the material submitted by the respondent in answering the solicitation.

(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.

2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials

contained herein and prepare responses accordingly.

3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose,

all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic

signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically

associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the

action of electronically submitting its response constitutes:

an electronic signature on the response, generally,

an electronic signature on any form or section specifically calling for a signature, and

an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or

acknowledgement.

4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in

case of conflict, shall have the order of precedence listed:

Technical Specifications,

Special Conditions and Instructions,

Instructions to Respondents (PUR 1001),

General Conditions (PUR 1000), and

Introductory Materials.

The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any

appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees that

any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure

to comply with terms and conditions, including those specifying information that must be submitted with a response,

shall be grounds for rejecting a response.

5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions

must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the

time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions

submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not

contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is

responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be

bound by any verbal information or by any written information that is not contained within the solicitation documents or

formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer

personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph

19 of these Instructions.

6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with

their response the name of any officer, director, employee or other agent who is also an employee of the State.

Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five

percent (5%) or more in the respondent or its affiliates.

7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity

crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the

convicted vendor list:

submitting a bid on a contract to provide any goods or services to a public entity;

submitting a bid on a contract with a public entity for the construction or repair of a public building or public

work;

submitting bids on leases of real property to a public entity;

being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with

any public entity; and

transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided

in section 287.017 of the Florida Statutes.

8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134

of the Florida Statutes may not:

submit a bid on a contract to provide any goods or services to a public entity;

submit a bid on a contract with a public entity for the construction or repair of a public building or public work;

submit bids on leases of real property to a public entity;

be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any

public entity; or

transact business with any public entity.

9. Respondent’s Representation and Authorization. In submitting a response, each respondent understands,

represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall

submit with its response a written explanation of why it cannot do so).

The respondent is not currently under suspension or debarment by the State or any other governmental authority.

To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries,

directors, officers, and employees are not currently under investigation by any governmental authority and have

not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction,

involving conspiracy or collusion with respect to bidding on any public contract.

Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated

damages under any other contract.

The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from,

any firm or person to submit a complementary or other noncompetitive response.

The prices and amounts have been arrived at independently and without consultation, communication, or

agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or

approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed

before the solicitation opening.

The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in

section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its

affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state

or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a

public contract. This includes disclosure of the names of current employees who were convicted of contract

crimes while in the employ of another company.

Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer,

principal, investigator, project director, manager, auditor, or position involving the administration of federal

funds:

o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is

presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal

offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local

government transaction or public contract; violation of federal or state antitrust statutes; or commission of

embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or

receiving stolen property; or

o Has within a three-year period preceding this certification had one or more federal, state, or local

government contracts terminated for cause or default.

The product offered by the respondent will conform to the specifications without exception.

The respondent has read and understands the Contract terms and conditions, and the submission is made in

conformance with those terms and conditions.

If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract

that is formed with the State.

The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or

submitting the response, and has been advised by each of them that he or she has not participated in any

communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the

statements and representations made in the response.

The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost,

damage, or expense which may be incurred or be caused by any error in the respondent’s preparation of its bid.

All information provided by, and representations made by, the respondent are material and important and will be

relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment

from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under

law, including, but not limited to, Chapter 817 of the Florida Statutes.

10. Manufacturer’s Name and Approved Equivalents. Unless otherwise specified, any manufacturers’ names, trade

names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the

Buyer’s prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The

Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data,

etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent.

11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product,

qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during

the Contract term remain responsive and responsible. In determining Respondent’s responsibility as a vendor, the agency

shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates

the Respondent’s capability to fully satisfy the requirements of the solicitation and the contract.

Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial

standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution,

and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not

complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the

qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject

the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone

in respondent’s employment, has previously failed to perform satisfactorily in connection with public bidding or

contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either

before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all

Contract requirements.

12. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents

may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to

s. 119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact

the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired,

please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD).

13. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline

the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu.

If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay

and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall

file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations

or notices of award by telephone.

14. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which

period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response

shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that

the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted

or rejected.

15. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information

deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure

to provide requested information may result in rejection of the response.

16. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable

portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will

serve the State’s best interests. The Buyer may reject any response not submitted in the manner specified by the

solicitation documents.

17. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no

contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be

liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the

Contract is effective.

18. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently

authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to

eliminate duplication between agreements in the manner the Buyer deems to be in its best interest.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and

Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive

solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that

is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory

citation for such exemption.

20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and

287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement

Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to

http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu

obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and

reasonableness in the solicitation process.

Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation

documents shall be made within seventy-two hours after the posting of the solicitation.

Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest

within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter

120, Florida Statutes."

Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file

a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security

required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120,

Florida Statutes.”

21. Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this solicitation or

persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period

following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any

employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to

the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for

rejecting a response.

ITN CHECKLIST

(DOES NOT NEED TO BE RETURNED WITH YOUR PROPOSAL)

This Checklist is provided as a guideline, only, to assist Vendors in the preparation of their ITN response.

Included are some important matters that the vendor should check. This checklist is just a guideline, and is

not intended to include all matters required by the ITN. Vendors are responsible to read and comply with the

ITN in its entirety.

Check off each the following:

____ 1. The Qualification Questionnaire has been completed, as specified, and enclosed in the ITN

response.

____ 2. The Federal Employers Identification Number or Social Security Number has been entered

in the space provided.

____ 3. The “Drug-Free Workplace Program Certification” form has been read, signed, and

enclosed in the ITN response, if applicable.

____ 4. “Scrutinized Companies Lists” certification form has been read, signed, and enclosed in the

bid response, if applicable (contracts of $1 million or more).

____ 5. The “Bid Opportunity List” and the “DBE Participation Statement” forms have been read,

completed, and enclosed in the ITN response, if applicable.

____ 6. The Scope of Services, Exhibit “A”, has been thoroughly reviewed for compliance to the

ITN requirements.

____ 7. The Technical Proposal (one (1) original and the specified number of copies) has been

completed, as specified, and enclosed in the ITN response.

____ 8. A letter from a surety company to document your ability to obtain the required

Performance Bond, as per Section 10 of the Special Condition, is included in the Technical

Proposal (if applicable).

____ 9. The www.myflorida.com website has been checked and any Addendums posted have been

completed, signed, and included in the ITN response.

____ 10. The ITN response must be received, at the location specified, prior to the Opening Date

and Time designated in the ITN.

____ 11. On the Lower Left Hand Corner of the Envelope transmitting your ITN response, write in

the following information:

ITN No.:

Title: ______

Opening Date & Time: See “TIMELINE” in INTRODUCTION SECTION_


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