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#22-7972 (Horsepower Electric, Inc.) FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-7972 for Disaster Recovery for Traffic Signals and Roadway Lighting THIS AGREEMENT, made and entered into on this a S day of J one, 20 22 , by and between Horsepower Electric Inc. authorized to do business in the State of Florida, whose business address is 8105 W 20 Ave, Hialeah, FL 33014 -, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing n upon the date of Board approval; or n on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑� Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) n Invitation to Bid (ITB) Other ( )# 22-7972 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I �PQ 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.3 n n other E--x44b4/Attach mcnt: 3-4— The County reserves the right to specify in cxch Request for Quotations: the period ; 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ ; hourly or material invoices presented, rather, the contractor must perform to the is authorized. n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I G,Q,O 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.5 (ch d Fla. Stats. l eage $0744,5-peFfftile l reakfast $6700 oafl $-1'-1.00 Dinner $-19.00 mare class faro Rectal-ear Actual rental cost limited to compact or standard chicle I edgg Actual cost of lodging at single occupancy rate Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine tong distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.t 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Horsepower Electric Inc. Address: 8105 W 20 Ave Hialeah, FL 33014 Authorized Agent: Michael Martinez, President Attention Name & Title: Telephone: (305) 819-4060 E-Mail(s): mike@horsepowerelectric.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: Transportation Engineering Division Address: 2885 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Leandro Goicoechea, Principal Project Manager Telephone: (239) 252-5178 E-Mail(s): Leandro.Goicoechea@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 GAO 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 G\O n this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. n Cyber Liability: Coverage shall have minimum limits of$ per claim. F. . Pollution Liability : Coverage shall have minimum limits of$ 1,000,000 per claim. 6- ❑ -Gavefa e i - n .--Ce e--age shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Vet.I Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), n Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ • ITB/n Othcr #22-7972 , including Exhibits, Attachments and Addenda/Addendum, seat geetes, and ❑ Othcr Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestCc�colliercountvfl.qov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter 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 for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022Ver.I CS.o All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. it CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 ON'o 25. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. * PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 G�� 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ right to perform investigations as may be deemed necessary to ensure that competent assigned shall be available for an amount of time adequate to meet the required service Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I GQ,O --p alifieetiens a peeei le-: r shall make c etlie -Ge w -wi in seven (7) days of the change. The County retains final approval of proposod-+epfaeerneat perseret- n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n the event of any c•nflic a unty's Board-appceved Exeet er the4e s-ef al end-it+ens-wall take precedence over the Agreement. To the extent any conflict i Documents cannot be resolved by application of the Supplemental Conditions, if any,-ef th pen-the-Gentractor at County's dfsefetiee: 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 GAO period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 GQ0 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COU' ; " DA Court andsCOMI5 'rolFer .411 By: By: --_r' Willi. L. McDaniel Jr. , hairman Dated: tat, 4 i (SEAL). ... Aftestartothairmues siQneture only. Contractor's Witnesses: Horsepower Electric Inc. Contractor DBA By:Y Contra ' First Witness ,� ; Signature e I� ��� cif2 tz- I,,/ �) S ► `0' TTycp►ee/prinit sign. . - - d titleT TType/print �t -ss nameT, " l Contractors Second Witness Ailgd411(.0 TType/print witness namet Appr,ld : lox and L gality: ; A -'`SS`isfavi t County Attorney RoA/14 1 .1Orik0 Print Name ;OA RSV o ` Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I Exhibit A Scope of Services • following this page (pages 1 through 4 ) I I this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.I co Invitation to Bid (ITB) 22-7972 "Disaster Recovery for Traffic Signals and Roadway Lighting" EXHIBIT A SCOPE OF SERVICES The services provided through this Agreement shall be awarded on a Primary/Secondary basis as follows: Primary Contractor: Horsepower Electric, Inc. Secondary Contractor: American Infrastructure Services, Inc. BACKGROUND Emergency stabilization and recovery services will be required on an irregular basis. Therefore, this Indefinite Delivery/Indefinite Quantity(IDIQ) contract defines the requirements and guidelines for the requested emergency response services.. The Contractor(s) agrees to provide needed personnel, equipment, and supplies, possibly with little notice,but this does not authorize the Contractor(s)to provide nor commit Collier County to order such services until a Purchase Order is created -based on the agreed services and associated costs defined in the contract. DETAILED SCOPE OF WORK 1.0 Scope Overview: This scope describes and defines the services required for the execution of emergency/disaster-related traffic signal and roadway lighting repair operations due to a hurricane or other disaster-related damage on local and state roadways, as determined by Collier County Traffic Operations. The work to restore damaged traffic signal installations and roadway lighting circuits would start with major arterials such as Immokalee Road, Collier Boulevard, Livingston Road, Pine Ridge Road, and Airport-Pulling Road. The work would then proceed to minor arterial roadways or as directed by the County. The Contractor(s) should provide material, labor, and equipment and deploy generators and refuel as necessary to stabilize and/or restore traffic control and roadway lighting efficiently and professionally. Collier County will generally supply traffic signal and roadway lighting materials specific to Collier County, such as Traffic Signal Controllers, Memory Management Units (MMU), Cameras, LED Luminaire Drivers, Transformer Bases, etc. Depending on Traffic Operations in-house inventory of the above materials, we would like to reserve the option to have the Contractor(s), when requested, provide any of the aforementioned items or related materials on a material cost plus ten percent(10%) markup. All traffic signal and roadway lighting repair operations performed under this Agreement shall be in accordance with the most current Manual on Uniform Traffic Control Devices (MUTCD), Collier County and Florida Department of Transportation(FDOT) specifications. Traffic Signals to be repaired include spam wire and steel mast arm structures, roadside flashing beacons, controller cabinets, and electrical distribution circuits. Roadway lighting to be repaired includes load centers, electrical distribution circuits, aluminum and galvanized single arm, dual arm, post top poles, and standard and decorative lighting installations. The expectation is that any damaged traffic signal and roadway lighting system components/assemblies will be restored to proper operating condition per current FDOT and Collier County Specifications. Collier County, Traffic Operations personnel will perform a damage assessment survey and issue the Contractor(s) a Purchase order along with information detailing the location and type of work to be performed to restore the signalized Page 1 of 4 Exhibit A—Scope of Services G40 Invitation to Bid (ITB) 22-7972 "Disaster Recovery for Traffic Signals and Roadway Lighting" intersection or roadway lighting circuit to proper operating condition. This description will also contain information regarding the status of the equipment to be restored to service, for example: 1. The material/equipment will be salvaged and protected by the Contractor(s) and returned to the Traffic Operations Department. 2. The material/equipment will be inspected and reinstalled if found to be in sound serviceable condition. 3. The Contractor(s) shall adequately dispose of the damaged material/equipment. The Contractor(s) shall, at all times, have an adequate number of traffic signal and roadway lighting repair personnel available for reporting directly to work sites for the duration of the recovery operations. The expectation is that five signalized intersections per day and five roadway lighting circuits per day can be restored to proper operating conditions. Collier County, at its sole discretion and at any time, will supplement this scope of work and perform work with in-house forces. A supervisor shall always be present on site. The Contractor(s) shall not perform work on any road unless authorized by Collier County or their representative. Intersections,Roadways,and corresponding limits will be assigned to the Contractor(s). The Contractor(s)is expected to include documentation of all work completed. This would consist of the installation date and photos of each traffic signal and roadway lighting circuit/installation/assembly(showing the damage before and repairs after)for inspections and payment application.All material,workmanship, and equipment shall be subject to the inspection and approval of Collier County or their representative. If a traffic signal or roadway lighting circuit/installation/assembly does not pass the second(2nd)inspection, any corrections necessary shall be done at the Contractor(s) expense. 2.0 Work Schedule: Dependent on the extent of the damage and per direction by Collier County or their representative, this stabilization and recovery contract work for damage inflicted by a hurricane or other disaster will be detailed and provided with the Purchase Order to the Contractor(s). 3.0 Safety: The Contractor(s)performing service for Collier County is required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards, and any other applicable rules and regulations. Also, the Contractor(s) shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the worksite. 4.0 Temporary Traffic Control Policy: All Temporary Traffic Control (TTC) shall be overseen by Contractor(s) personnel who possess a minimum of Intermediate TTC Certification. For all projects conducted within Collier County Right-of-Way, the Contractor(s) shall provide, and erect Traffic Control Devices as prescribed in the current edition of the MUTCD, where applicable on State and Local roadways as specified in the FDOT Design Standards. These projects shall also comply with Collier County's TTC Policy #5807. Strict Adherence to the requirements of the TTC policy will be enforced under this Agreement. All costs associated with the TTC shall be included. 5.0 Invoicing: The work should be based on providing all contract administration, inspection, supervision, labor,material, and all the equipment necessary to perform the work along with an itemized list of materials used to restore the County's facility. (For example, traffic signal workman with a bucket truck capable of a working height of 40 feet and side reach to 28 feet with a Temporary Traffic Control (TTC) Truck and/or roadway lighting workman with a bucket truck capable of a working height to 60 feet at 20 feet from the centerline of rotation with a Temporary Traffic Control (TTC) Truck). Page 2 of 4 Exhibit A—Scope of Services GQQ Invitation to Bid (ITB) 22-7972 "Disaster Recovery for Traffic Signals and Roadway Lighting" Equipment items shall be invoiced for actual hours of operation and will not be charged for travel time or idle time on the job. Invoices are to document the days and hours of operation. Proper Temporary Traffic Control ("TTC") is incidental to maintenance and repair work. No charges shall be invoiced for "TIC" Vehicles, barricades, warning signs, flags, arrow boards, trucks to pull arrow boards, etc. Vehicles used to transport personnel shall be considered a labor cost and shall be reflected in the price for labor as outlined in Exhibit B Fee Schedule. NO Travel Time shall be billed to and from the job. Only hours while working on the job site shall be billed. Material Markup is strictly cost plus 10%. Premium Pay: No premium pay will be accepted for this agreement. All labor hours invoiced shall document the employee by name,the location of work,the date and hours worked, and the task performed for each hour billed. 6.0 Purchase of Traffic Signal and Roadway Lighting components: As an option,Collier County or their representative may request the Contractor(s)to provide traffic signal and roadway lighting materials on a material cost plus a ten percent (10%) mark-up basis. Unless otherwise indicated, all products shall meet the FDOT Approved Products List (APL) Specifications for traffic signal and roadway lighting materials. Collier County must approve all traffic signal and roadway lighting components prior to purchase and installation by Contractor(s). 7.0 Sub-contractors: Sub-contractors are strictly cost-plus fifteen percent(15%).The use of all sub-contractors will require a specific written permission of the Traffic Operations Chief Engineer or his representative in advance of their work. 8.0 Clean-up: The Contractor(s)shall be responsible for removing all damaged County-owned equipment/material from the worksite and shall keep the premises free of debris and unusable materials resulting from their work as restoration progresses or upon request by the County's representative. The Contractor(s) shall leave all affected areas in safe and secure condition. 9.0 Protection of Property: The Contractor(s) shall make all necessary repairs in such a manner that does not result in additional damage to property. In the event damage occurs to the property by reason of any repairs or installations performed under this Agreement, the Contractor(s) shall replace or repair at no cost to the County. If damage cause by the Contractor(s) must be repaired or replaced by the County, the cost of such work shall be deducted from the monies due to the Contractor(s). 10.0 Unsatisfactory work: In the event the work performance of the Contractor(s) is unsatisfactory, the Contractor(s) will be notified by the County and be given (7) calendar days to correct the work. There will be no cost to the County for the repair of unsatisfactory work. 11.0 Substitute performance: All efforts to utilize the Primary Contractor should be made however the Secondary Contractor may perform emergency/disaster work during the same event(s) as or in place of the Primary Contractor if required and as determined by Collier County Traffic Operations. Page 3 of 4 Exhibit A—Scope of Services Invitation to Bid (ITB) 22-7972 "Disaster Recovery for Traffic Signals and Roadway Lighting" 12.0 Contractor Employee Requirements: All personnel provided by the Contractor(s) for this Agreement shall be Employees of the Contractor(s), that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL BE UTILIZED BY THE CONTRACTOR(S)FOR THIS WORK. 13.0 Licenses/certifications required prior to commencement of work: • FDOT Pre-qualified in traffic signals and roadway lighting • TTC certified • International Municipal Signal Association's (IMSA) Traffic Signal Technician Level II • International Municipal Signal Association's (IMSA) Roadway Lighting Technician Level I Page 4 of 4 Exhibit A—Scope of Services Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.1 Invitation to Bid (ITB) 22-7972 "Disaster Recovery for Traffic Signals and Roadway Lighting" EXHIBIT B FEE SCHEDULE Horsepower Electric, Inc. (PRIMARY CONTRACTOR) Emergency/disaster-related traffic signal and roadway lighting repair services (Price to include administration, inspection, supervision, labor,material, and all the equipment necessary to perform the work along with an itemized list of materials used to restore the County's facility) Line Item Unit of Number Position measure Price 1 Supervisor Hourly $110.00 2 Signal/Roadway Lighting Technician Level I Hourly $90.00 3 Signal/Roadway Lighting Technician Level II Hourly $99.00 4 Laborer Hourly $85.00 Equipment-rates provided below shall include operator's labor costs in the hourly rate 5 Bucket Truck Hourly $250.00 6 Crane: 12 1/2 Ton Hourly $325.00 7 Crane: 35 Ton Hourly $475.00 8 Air Compressor Hourly $65.00 9 3,000 Watt Generator(including fuel) Hourly $25.00 10 Saw Hourly $18.00 Prices shall remain firm for the initial term of the Agreement. Material mark up 10% Sub-Contractors markup 15% Page 1 of 1 Exhibit B—Fee Schedule Ct0 Other Exhibit/Attachment Description: following this page (pages through ) ■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.l Goo A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/07/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Roberto Menendez Frank H.Furman,Inc. PHONE (A/C,No,Ext): (954)943-5050 FAX 1314 East Atlantic Blvd. E-MliESS: roberto@furmaninsurance.com AP.O.Box 1927 INSURER(S)AFFORDING COVERAGE NAIC B Pompano Beach FL 33061 INSURER A: Admiral Insurance Co(rl) 24856 INSURED INSURER B: Zurich American Insurance Company 16535 Horsepower Electric Inc INSURER C: National Union Fire Ins Co of Pitts PA 19445 8105 W 20th Ave INSURER o: Indian Harbor Insurance Company 36940 INSURER E: Hialeah FL 33014 INSURER F: COVERAGES CERTIFICATE NUMBER: A:2021,2022 GL/AU/UM/WC/PL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUDL SUBH LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (M M/DD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A Y CA00003519803 07/16/2021 07/16/2022 PERSONAL EADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X jr LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED BAP011393607 03/31/2022 03/31/2023 BODILY INJURY Per accident) $ AUTOS ONLY AUTOS ( X HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY (Per accident) $ PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS-MADE 6E066183761 07/16/2021 07/16/2022 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION _ AND EMPLOYERS'LIABILITY Y/N X S ATUTE EERH B ANY PROPRIETOR/PARTNER/EXECUTIVE E 1,000,000 OFFICER/MEMBER EXCLUDED? N .L.EACH ACCIDENT $N/A WC011393508 03/31/2022 03/31/2023 - (Mandatory in NH) El.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Professional Liability&Contractors Per Claim $2,000,000 D Pollution Liability PEC005358203 02/04/2022 02/04/2023 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule,may be attached if more space is required) Contract:22-7972"Disaster Recovery for Traffic Signals&Roadway Lighting" Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government,OR,Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples FL 34112 Aa.',[40. 4(29/,----- I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD