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Agenda 03/26/2024 Item #16B 1 (ITB - Installation & Maintenance of Traffic Signals and Roadway Lighting)
16.B.1 03/26/2024 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) No. 23-8163, "Installation & Maintenance of Traffic Signals and Roadway Lighting" to Southern Signal & Lighting, Inc., (primary vendor) and Horsepower Electric Inc., (secondary vendor), and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To obtain routine and emergency traffic signal and roadway lighting maintenance and repair work for Traffic Operations. CONSIDERATIONS: On September 15, 2023, the Procurement Services Division released Invitation to Bid ("ITB") No. 23-8163, "Installation and Maintenance of Traffic Signals and Roadway Lighting". The County received two (2) submittals by the October 31, 2023, deadline. The bid was extended two (2) weeks, during which time staff conducted additional vendor outreach. No additional bids were received. The bids received are summarized below: Company Name City County Sta Bid Amount Responsive/Responsib to * le Southern Signal & Lighting Hudso Pasco FL $1,308,370.0 YES/YES Inc. n 0 Horsepower Electric Inc. Hialea Miami- FL $1,655,345.0 YES/YES h Dade 0 (*For bid evaluation purposes) Staff reviewed the bids received and found both bidders to be responsive and responsible. Staff recommends awarding to the low -bidder Southern Signal & Lighting, Inc., as the primary vendor, and to award Horsepower Electric Inc., as the secondary vendor. If the primary vendor is unable to provide services or materials within a requested timeframe, then staff can use the secondary vendor for services and materials. Southern Signal & Lighting Inc., has been doing business with Collier County since 2006 and is the incumbent contractor under Agreement No. 19-7541. Horsepower Electric Inc., has been doing business with Collier County since 2017 and has been in business since 1985. The current Agreement No. 19-7541 is set to expire on May 13, 2024. The new Agreement 23-8163 will go into effect May 14, 2024, upon expiration of the current Agreement. This item is consistent with the Collier County Strategic Plan objectives to optimize the useful life of public infrastructure and resources through proper planning and preventative maintenance and to prepare for the impacts of natural disasters on our critical infrastructure and natural resources. FISCAL IMPACT: Funds are budgeted annually for these services to repair and maintain County roadway lighting and signalized intersections within Transportation Services Fund (1001). Other County Divisions requiring services for projects shall use funding from their budgets, and issue standard County purchase orders. The anticipated annual spend is estimated at $550,000. These expenditures are not indicative of future purchases, and they may increase or decrease in the coming fiscal years. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long -Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK Packet Pg. 716 16.B.1 03/26/2024 RECOMMENDATION: To award ITB No. 23-8163, "Installation & Maintenance of Traffic Signals and Roadway Lighting" to Southern Signal & Lighting, Inc., (primary vendor) and Horsepower Electric Inc., (secondary vendor), and authorize the Chairman to sign the attached Agreement. Prepared by: Leandro A Goicoechea, PE, Supervisor - Principal Project Manager, Traffic Operations ATTACHMENT(S) 1.23-8163 NORA (PDF) 2.23-8163 Bid Tabulation (PDF) 3.23-8163 Solicitation (PDF) 4. [Linked] 23-8163 VendorSign_Southern Signal & Lighting (PDF) 5. [Linked] 23-8163_Bid Southern Signal —Proposal (PDF) 6. [Linked] 23-8163 VendorSigned_Horsepower (PDF) 7. [Linked] 23-8163_-_Horsepower_Electric_Inc _Proposal (PDF) 8.23-8163 COI_Horsepower (PDF) 9.23-8163_COI Southern Signal (PDF) Packet Pg. 717 16.B.1 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.1 Doe ID: 27933 Item Summary: Recommendation to award Invitation to Bid (ITB) No. 23-8163, "Installation & Maintenance of Traffic Signals and Roadway Lighting" to Southern Signal & Lighting, Inc., (primary vendor) and Horsepower Electric Inc., (secondary vendor), authorize the Chairman to sign the attached Agreement. Meeting Date: 03/26/2024 Prepared by: Title: Project Manager — Transportation Engineering Name: Leandro Goicoechea 02/07/2024 11:05 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 02/07/2024 11:05 AM Approved By: Review: Unknown Anthony Khawaja Additional Reviewer Transportation Management Services Department Jeanne Marcella Department Procurement Services Barbara Lance Additional Reviewer Transportation Engineering Jay Ahmad Additional Reviewer Transportation Engineering Valerie Fleming Additional Reviewer Road Maintenance Ellen Sheffey Additional Reviewer Transportation Management Operations Support Tara Castillo Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Transportation Management Operations Support Brandy Otero Grants Joanna Partyniewicz Level 2 Grants Review Grants Therese Stanley Additional Reviewer Procurement Services Sandra Srnka Procurement Director Review Transportation Management Services Department Trinity Scott Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Agnieszka Chudy OMB Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/07/2024 2:35 PM Transportation Management Services Completed 02/07/2024 3:43 PM Completed 02/07/2024 4:16 PM Completed 02/08/2024 7:04 AM Completed 02/09/2024 9:32 AM Completed 02/12/2024 4:01 PM Additional Reviewer Completed 02/12/2024 4:44 PM Completed 02/21/2024 11:12 AM Additional Reviewer Completed 02/27/2024 8:37 AM Completed 02/27/2024 12:43 PM Completed 02/28/2024 7:42 PM Completed 03/05/2024 10:03 AM Transportation Completed 03/05/2024 5:35 PM Completed 03/06/2024 9:33 AM Completed 03/06/2024 11:17 AM Completed 03/06/2024 3:49 PM Completed 03/13/2024 5:06 PM Packet Pg. 718 16.B.1 03/26/2024 Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM Packet Pg. 719 DocuSign Envelope ID: 7B89602E-ECC9-46D1-B6E7-E82A48D04645 16.B.1.a Cots County Procurement Services Division Notice of Recommended Award Solicitation: 23-8163 Title: Installation and Maintenance of Traffic Signals and Roadway Lighting Due Date and Time: October 31, 2023, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Southern Signal & Lighting, Inc. Hudson Pasco FL $1,308,370.00 Yes/Yes Horsepower Electric Inc. Hialeah Miami -Dade FL $1,655,345.00 Yes/Yes Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On September 15, 2023, the Procurement Services Division released Invitation to Bid ("ITB") No. 23-8163, Installation and Maintenance of Traffic Signals and Roadway Lighting Project, to sixteen thousand nine hundred fifty (16,950) vendors. Forty-four (44) bid packages were viewed and two (2) submittals were received by the October 31, 2023, deadline. The bid was extended two (2) weeks, during which time staff conducted additional vendor outreach. Staff reviewed the bids received and found both bidders to be responsive and responsible. Staff determined that Southern Signal & Lighting, Inc. is the lowest responsive and responsible bidder, followed by Horsepower Electric Inc. Staff is recommending award to a Primary and Secondary vendor as noted below: Primary —Southern Signal & Lighting, Inc. Secondary— Horsepower Electric Inc. Contract Driven = Purchase Order Driven 0 Required Signatures DocuSigned by: Project Manager: I JAAJAJr6 C160U(tt a 11/28/2023 3EDE76FC59E9407... DocuSigned by: Procurement Strategist: I &Ak&AA- gaAet, 11/29/2023 14490CMM448F... Procurement Services Director: DocuSigned by: San 36ERi ff&a54F5.. 11/29/2023 Date Packet Pg. 720 16.B.1.b Project Manager: Leandro Goicoechea Procurement Strategist: Barbara Lance Number of Notifications Sent: 16,950 Number of Bids Viewed: 44 Number of Bids Received: 23-8163 Bid Tabulation Installation and Maintenance of Traffic Signals And Roadway Lighting All lines in Parts 1- 3, must be completed, or bidder may be deemed non -responsive. Estimated quantities are for award determination purposes only. Part]: Traffic Signal System and Roadway Lighting Svstem Maintenance and Repair SOUTHERN SIGNAL & LIGHTING, INC. HORSEPOWER ELECTRIC INC. Description Estimated Hours Unit Unit Price Total Unit Price Total Labor and Equipment Rates Routine Maintenance & Repair Supervisor 1,200 Hour $ 84.70 $ 101,640.00 $ 125.00 $ 150,000.00 Signal/Roadway Lighting Technician Level H 1,600 Hour $ 78.65 $ 125,840.00 $ 125.00 $ 200,000.00 Signal/Roadway Lighting Technician Level I 1,920 Hour $ 74.55 $ 143,136.00 $ 125.00 $ 240,000.00 Laborer 1,920 Hour $ 66.55 $ 127,776.00 $ 75.00 $ 144,000.00 Heavy Equipment (Rate includes Operator): Bucket Truck/Auger Truck 1,200 Hour $ 72.60 $ 87,120.00 $ 200.00 $ 240,000.00 Crane:12 1/2 Ton 500 Hour $ 133.10 $ 66,550.00 $ 300.00 $ 150,000.00 Crane: 35 Ton 80 Hour $ 260.15 $ 20,812.00 $ 350.00 $ 28,000.00 Minor Equipment: Air Compressor 130 Hour $ 24.20 $ 3,146.00 $ 20.00 $ 2,600.00 Generator (fuel included) 500 Hour $ 24.20 $ 12,100.00 $ 10.00 $ 5,000.00 Concrete Saw 100 Hour $ 24.20 $ 2,420.00 $ 10.00 $ 1,000.00 Sub -Total Part 1 $ 690,540.00 $ 1,160,600.00 Markup for Traffic Signal System and Roadway Lighting System Maintenance and Repair Subcontractor Markup Percent 15% Parts and Materials Markup Percent 10% rure inurniertunce I-uenunm or alvee Labor, Material, & Equipment Rate for Painting Steel Strain Poles and Mast Arm Assemblies with or without Luminaire (Price Includes Preparation and Coating of Luminaire Arm) Description Estimated Footage Unit Unit Price Per Vertical Foot Total Unit Price Per Vertical Foot Total Pressure Washing per Vertical Foot 1,000 Vertical Foot $ 16.23 $ 16,230.00 $ 2.50 $ 2,500.00 Abrading Surface per Vertical Foot '1 1,000 Vertical Foot $ 62.67 $ 62,670.00 $ 7.86 $ 7,860.00 Primer Coating Application per Vertical Foot 1,000 Vertical Foot $ 24.68 $ 24,680.00 $ 5.36 $ 5,360.00 Finish Coat Application per Vertical Foot 1,000 Vertical Foot $ 49.35 $ 49,350.00 $ 6.43 $ 6,430.00 Description Estimated Footage Unit Unit Price Per Horizontal Foot Total Unit Price Per Horizontal Foot Total Pressure Washing per Horizontal Foot 2,000 Horizontal Foot $ 16.26 $ 32,520.00 $ 3.93 $ 7,860.00 Abrading Surface per Horizontal Foot to 2,000 Horizontal Foot $ 62.54 $ 125,080.00 $ 8.21 $ 16,420.00 Primer Coating Application per Horizontal Foot 2,000 Horizontal Foot $ 24.60 $ 49,200.00 $ 6.43 $ 12,860.00 Finish Coat Application per Horizontal Foot 2,000 Horizontal Foot $ 49.19 $ 98,380.00 $ 7.14 $ 14,280.00 Sub -Total Part 2 1 $ 458,110.00 $ 73,570.00 1'1 The adhesive nature of the coating is affected by the surface finish of the substrate. To accomplish this, various physical, chemical and mechanical treatments are required to remove surface contamination, oil, greases, surface layers and improve adhesion. 4- 0 m c M c d C M 2 06 C O r R O N C C O O 7 O H 2 m M to T_ op CO) N C d E t 0 M ++ a Packet Pg. 721 16.B.1.b Part 3: Detectors and Loop Assemblies (Furnish and Install) Includes up to 150 It of Lead -In Cable. Total Furnish and Total Furnish and Item Description Estimated Units Unit Price Unit Price Install Price Install Price Inductive Loop Detector - 660-1-110 2 Channel, Rack Mounted, 20 $ 242.00 $ 4,840.00 $ 500.00 $ 10,000.00 Delay & Extend 660-2-102 6' x 6' Type B Advance 40 $ 847.00 $ 33,880.00 $ 2,215.00 $ 88,600.00 Loop (First Loop) 660-2-2021 6' x 6' Type B Advance 20 $ 726.00 $ 14,520.00 $ 2,000.00 $ 40,000.00 Loop (Additional Loops) 660-2-106 6' x 30' Type F 20 $ 1,089.00 $ 21,780.00 $ 2,930.00 $ 58,600.00 Quadrupole (First Loop) 6' x 30' Type F 660-2-1061 Quadrapole (Additional 15 $ 968.00 $ 14,520.00 $ 2,645.00 $ 39,675.00 Loops) 660-2-1062 6' x 40' Type F 40 $ 1,210.00 $ 48,400.00 $ 3,215.00 $ 128,600.00 Quadrupole (First Loop) 6' x 40' Type F 660-2-1063 Quadrupole (Additional 20 $ 1,089.00 $ 21,780.00 $ 2,785.00 $ 55,700.00 Loops) Sub -Total Part 31$ 159,720.00 $ 421,175.00 Total Part 1 $ 690,540.00 $ 1,160,600.00 Total Part 2 $ 458,110.00 $ 73,570.00 Total Part 3 $ 159,720.00 $ 421,175.00 Total Price (Parts 1-3) $ 1,308,370.00 $ 1,655,345.00 REQUIRED FORMS AND DOCUMENTS Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Form 3: Immigration Affidavit Certification Form 4: Reference Questionnaire Form 5: Grant Forms Addendums (2) E-Verify License (General Contractor & Electrical) Sunbiz Page Vendor W-9 Bid Opened By: Bid Witnessed By: Date: Barbara Lance Lisa Oien 10/31/2023 Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Packet Pg. 722 16.B.1.c otlr Count Procurement Sew kas Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS AND ROADWAY LIGHTING SOLICITATION NO.: 23-8163 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 723 16.B.1.c SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8163 PROJECT TITLE: INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS AND ROADWAY LIGHTING PRE- BID MEETING: SEPTEMBER 26, 2023, AT 10:00 AM EST LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: OCTOBER 17, 2023, at 3:00 PM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Collier County Traffic Operations Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified Contractors in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Traffic Operations is requesting a Contractor to assist in performing routine, urgent traffic signal maintenance, repair work, roadway lighting maintenance and repair work in Collier County. Work must be in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, Florida Department of Transportation Design Standards, latest edition, and Collier County Traffic Operations Traffic Signal & Roadway Lighting Technical Special Provisions, latest edition. Historically, County departments have spent approximately $550,000 annually; however, this may not be indicative of future buying patterns. BACKGROUND These services are required to perform work that would normally require Traffic Operations to either 1) hire additional employees to maintain the sporadic workload, 2) purchase or rent construction equipment or vehicles necessary to perform occasional additional work loads, and/or 3) incur additional training and expense in performing and using specialized skills and equipment on a temporary basis. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. c 0 0 U) M co M N a-: C m E z a Packet Pg. 724 16.B.1.c AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to 0 the County. c ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: r- r • Lowest Total Price c ➢ Collier County reserves the right to select one, or more than one supplier, award on a line -item basis, establish a pool for 2 06 quoting, or other options that represents the best value to the County; however, it is the intent to: c 0 • Award a Primary, Secondary and Tertiary Vendors a o Should the Primary Contractor not be able to provide the services within the time period, the y Division reserves its rights to move to the Secondary and Tertiary, as necessary. The County reserves the right to seek services outside of the contract if the Primary, Secondary or Tertiary are unable to perform. ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. cw c; DETAILED SCOPE OF WORK Collier County is looking for a Contractor that is capable of assisting Traffic Operations in performing routine and urgent traffic signal and roadway lighting maintenance and repair work in all areas of Collier County. Routine and urgent traffic signal and roadway lighting maintenance and repair work is to be directed by Collier County Traffic Operations Division on a furnish and install or install only compensation basis in accordance with the following: • Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition • Florida Department of Transportation Design Standards, Latest Edition • Collier County Traffic Operations Traffic Signal & Roadway Lighting Technical Special Provisions, Latest Edition • Collier County CMA# 5807 Maintenance of Traffic (MOT) requirements (attached) • Traffic Control Signal Devices, Latest Edition • Federal Highway Administration's Manual on Uniform Traffic Control Devices, Latest Edition • Collier County's Technical Special Provisions for Traffic Signal Installations, Latest Edition • Collier County's Roadway Lighting Design Standards, Latest Edition FEMA funding may be used, in part, in support of this procurement. PART 1. TRAFFIC SIGNAL AND ROADWAY LIGHTING SYSTEM MAINTENANCE AND REPAIR 1.1 Traffic Signal System Maintenance and Repair: N c a. Maintenance and repair work consists of providing all labor, material, equipment and MOT for routine signal o maintenance, minor signal repairs, signal light unit replacement, signal wiring, installation of inductive loop detector v with sealant per FDOT Section 660, signal system communications repairs, rebuilding electrical services, urgent repairs, 5 etc. Collier County, at its discretion, may provide controller assemblies, signal indications/heads, or other signal components as deemed necessary. All work assigned shall be completed within fifteen (15) days from the date as �o notified by the County, unless otherwise agreed to by the parties in writing. 1.2 Roadway Lighting System Maintenance and Repair: N a. Maintenance and repair work will include trouble shooting lack of power at luminaires, repair of a specific load center c circuit and components, and replacement of conduit and conductors between roadway lighting pole installations, s replacement of light pole installations and or load centers knocked down by vehicle crashes or service reasons. This includes all labor, equipment, materials, MOT, vehicles, and components necessary to replace the roadway lighting Q installation on its existing foundation and/or load center installation. Additionally, the Contractor shall perform an initial Packet Pg. 725 16.B.1.c callout visit to pick up the knocked down pole and parts and to make the location safe while awaiting a replacement installation. In the event the existing light pole foundation must be replaced, that work will be accomplished under a separate work assignment. Should the Light Pole and Arm be undamaged and reusable, a replacement Transformer Base, Luminaire, and associated components as needed shall be installed to return the installation to normal operating condition. Collier County, at its discretion, may provide roadway lighting components as deemed necessary. b. The County will remain responsible for everyday maintenance of all the Roadway Lighting. aa) U c 1.3 In the event of an urgent matter, where a potential safety hazard may exist or where traffic is delayed or impeded; the County c may deem the repair to be an urgent repair and the Contractor shall respond within a period not to exceed two (2) hours °3 including travel time from notification by the County. Urgent work will be identified as such by the County staff member notifying the Contractor. An urgent response flat rate fee of $150.00 will be allowed in the event the County requires it 2 regardless of normal or afterhours. Urgent work shall be given either by e-mail transmission or verbally by telephone, with written documentation to follow within twenty-four (24) hours on business days. c 1.4 All work performed under the resultant contract, issued for a specific maintenance/improvement work and/or location, will commence upon issuance of a work assignment and as directed by the Chief Engineer of Traffic Operations, or designee. 1.5 Hourly labor rates shall be inclusive of all overhead, insurance, profit, and travel costs. Labor and equipment rates and M applicable markups shall be in accordance with Part 1 of the Bid Schedule. 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. 00 M 1.6 Subcontractor/Material Mark -Up: • Use of Subcontractors: The Contractor(s) will be required to provide proof of the subcontractor services supplied by providing invoices at the time of invoice submission. Subcontractors shall be on a strictly cost plus 15%. Subcontractor rates shall not exceed Contractor rates. • The County reserves the right to furnish any or all materials and/or services should such action be in the County's best interest. In the event parts, materials, etc. are needed, markup for these items shall not exceed 10%. 1.7 Additional Items/Services: Additional items and/or services may be added to the resultant contract upon satisfactory negotiation of price by the Project Manager and Contractor, and in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 1.8 On occasion throughout the contract term, it may be necessary for the Contractor to store items such as traffic signal poles & arms, foundation bolts, roadway lighting poles, arms, precast foundations, and/or related traffic control structural components in the Contractor's material yard. This service will be a part of the annual contract award and no additional compensation will be made for the storage of any items. 2. MAINTENANCE PAINTING OF STEEL MAST ARM ASSEMBLIES AND STEEL STRAIN POLES Shall be included in the resultant contract and are a part of the bid schedule. 2.1 Maintenance painting will include the preparation and painting of entire intersection steel traffic signal assemblies, and damage to traffic signal assemblies due to vehicle accident. Traffic signal assemblies and damage repair areas painted under the Collier County Traffic Operations Maintenance of Structural Steel Standards will require a five (5) year warranty against Fading and Adhesion per FDOT Section 649-4.3 Painting. 2.2 The adhesive nature of the new coating is affected by the existing surface of the vertical pole and horizontal mast arm assembly r and various physical, chemical, and mechanical treatments are required to remove surface contamination, oil, greases, and C previous surface coating as necessary to produce a suitable surface for the new primer and final coat finish. This may include CO pressure washing, grinding, sanding, and solvent wiping with xylene or a similar product just prior to coating to remove all .2 exhaust from gasoline and diesel vehicles. 6 U) M 2.3 All labor, material, and equipment utilized to complete the Maintenance Painting of Steel Mast Arm Assemblies and Steel Strain � Pole work assignments shall be per Part 2 of the Bid Schedule. 00 M N 2.4 Unit prices for maintenance shall be inclusive of all labor, tools, material, parts, equipment, travel and all necessary resources to complete the work. E z a Packet Pg. 726 16.B.1.c 3. DETECTORS AND LOOP ASSEMBLY 3.1 Loop assembly installation includes all necessary labor (including opening or drilling curb windows), machine work, FDOT approved loop sealant, and up to 150 feet of Lead -In Cable. Lead -In Cable in excess of 150 feet will be paid for as a material reimbursement per verification of reasonable cost and proof of purchase for specific job. When more than one loop is installed at an intersection on a single work assignment all loops after the first will be paid as Item 660-2-2021, 660-2-1061 or 660-2- 1063 as applicable. c 3.2 Detector installation includes all cabinet wiring necessary to provide a working detector. m c R c 3.3 Unit prices for Detectors and Loop Assemblies shall be inclusive of all labor, tools, material, parts, equipment, travel and all necessary resources to complete the work. 06 4. CONTRACTOR'S REQUIREMENTS/RESPONSIBILITIES: c a. The contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CMA Instruction 5807 of the County Manager Administrative procedure during all phases of project work. Contractor v will provide personnel trained and certified in FDOT Approved Temporary Traffic Control (TTC) Intermediate or Advanced Course. Contractor will assure the use of FDOT, and Collier County approved Temporary Traffic Control Devices such as safety vests, traffic cones, and arrow boards at all work locations. Observation of unsafe MOT practices by County Transportation or Risk Management personnel will be grounds for an order to cease work. Continued unsafe M MOT practices will be grounds for voiding this contract. c� b. All MOT shall be considered as incidental work and payment, therefore, is included in the respective Bid Schedule. No material, equipment, or labor shall be added to invoice costs for design, set-up, take -down, or maintenance of proper MOT. c. The contractor shall be capable of providing field engineering and technical assistance as may be needed within the contract period. All project meetings, scheduled or unscheduled, field meetings, office work, and permit applications preparation work shall be considered administrative overhead and incidental to contract work, and shall be performed without billing. d. As a matter of public safety and liability, urgent service response time shall be adhered to strictly to maintain a minimal level of County liability. Failure by the Contractor to provide expedient response as outlined in scope of work shall constitute contractual default. e. The County reserves the right to separately solicit any job or perform services with County staff, if in the best interest of the County. f. Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for urgent repairs. No premium will be paid for night, weekend work or County Holidays. g. The Contractor's Field Supervisor or Project Manager shall be available directly, without involvement of office personnel or answering service, twenty-four (24) hours per day, seven (7) days per week with the Traffic OperationsCn Division during the resultant contract period for the purpose of direct contact with the Traffic Operations personnel. N h. Licenses: The Contractor, at time of bid submittal, shall possess the correct occupational licenses. Qualifications shall o include General Contractor & Electrical Licenses to carry out and perform the work required by the project pursuant to v all applicable Federal, State and Local Laws, Statutes, Ordinances, and rules and regulations of any kind. Copies of the .0 licenses should be submitted with the bid or prior to Notice of Recommended Award, indicating that the entity bidding o is properly licensed to perform the activities or work included in the contract documents. In addition, Signal Technicians U) M working inside the traffic signal controller cabinet shall have IMSA Signal Level II Certification. Proof of Certification may be requested prior to commencement of work. M N i. Equipment. Contractor shall provide a complete list of all equipment that will be used on this contract upon award. The equipment list will include the make, model, year of manufacturer, and the location of the yard where the equipment is stored when not in use. Aerial equipment must have a working height of sixty (60) feet. Contractor should own and have E in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will apply only when the equipment is in use at the job site. Q Packet Pg. 727 16.B.1.c j. Equipment Rental: In the event, additional, specialized and/or heavy equipment is needed, the user division must be notified, in advance, for approval. The reimbursement of additional equipment expense shall be at cost and will apply only for the rental period required for the project. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. c� L k. Safety: All contractors and subcontractors performing service for Collier County are required and shall comply with all c Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards m and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the c safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property c within and around the work site. For all projects that require the contractor to provide traffic control for work along 2) roadways, the Contractor shall comply with the requirements of Collier County's CMA #5807 Maintenance of Traffic W Policy. 2 06 1. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be c notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for the repair of unsatisfactory work in. Construction Inspection Requirements: All work performed under the Contract shall be initiated and completed within .r U) the completion time indicated on the Collier County work assignment provided for each work project unless otherwise M to requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer. 1) Collier County Traffic Operations Division Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail (TrafficOps@colliercountyfl.gov) a minimum of seventy-two (72) hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road rights -of -way within Collier County. 2) Collier County Traffic Operations Division Inspection Staff shall also be notified either via form letter or e-mail a minimum of no later than noon the working day prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any changes that necessitate the rescheduling of work that has been previously scheduled shall be provided in writing via e-mail no later than 5:00 pm from the previously scheduled starting date. 3) Collier County Traffic Operation Division Inspection Staff has the full authority to shut down any and all overhead or underground work that has failed to comply with the aforementioned requisites. 4) Request for acceptance inspection shall be submitted a minimum of forty-eight (48) hours in advance of the requested inspection time. 5) Upon inspection and acceptance of contract work, the contractor shall submit an invoice for payment, along with a copy of the Purchase Order, along with pertinent As -Built Plans. 6) Be advised that Collier County Traffic Operations reserves the right to refuse payment for any, and/or all work performed without advance notification for inspection being provided either via e-mail, written correspondence, or by some other means of tangible evidence. Further, Collier County Traffic Operations also reserves the right M to require excavation and/or exposure of any, and/or all work performed when advance notification was not M provided/received by Collier County Inspection Staff as previously indicated, or underground work has been backfilled, and not staked prior to being seen by Collier County Inspection Staff, or Collier County Inspection r_ Staff has any reason to suspect, and/or believe that the underground work may not have been installed per the aforementioned standards, specifications, requirements, etc. No additional payment for such exploratory m excavation(s) will be paid. .2 0 n. Contractor Employee Requirements: All personnel supplied by the Contractor for this Contract shall be either: M 1) Employees of the Contractor, that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL I BE UTILIZED BY THE CONTRACTOR FOR THIS PROJECT, or 00 2) Subcontractors, licensed in Collier County to perform the work intended. The use of any and all sub -contractors N will require specific written permission of the Traffic Operations Chief Engineer or his representative in advance of their work. E z a Packet Pg. 728 16.B.1.c VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** Z The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients during the last 5 years, whose projects are of a similar nature to this solicitation as a part of their proposal. Provide o information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project (D using Form 5 provided in BidSync as part of the Required Forms. Vendors may include two (2) additional pages for each project to r- illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project m work. c M N C Packet Pg. 729 16.B.1.h AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE( 02/09/2024 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 p REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. v 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 i NAME: RegIna Bunker •� Frank H. Furman, Inc. pnH1CONE.. Ext : (954) 943-5050 IX No : (954) 942-6310 1314 East Atlantic Blvd. E-MAIL s: regina@furmaninsurance.com 00 ADDRE P. O. Box 1927 INSURER(S) AFFORDING COVERAGE 0 NAIC # 0 Pompano Beach FL 33061 INSURERA: Houston Specialty Insurance Company 12936. M INSURED Imperium Insurance Company 35408 cC Horsepower Electric Inc 8105 W 20th Ave INSURER B . }, INSURER C : Bridgefield Casualty Ins Co 10335 to C INSURER D : Indian Harbor Insurance Company 36940 M INSURER E : tO Hialeah FL 33014 I INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 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 LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �X OCCUR DAMAGE TO PREM SES Ea oNcE ante $ 100,000 X MED EXP (Any one person) $ 5,000 XCU Broad Form PD X Contractual Liability Applies PERSONAL &ADV INJURY $ 1,000,000 A Y Y CONHSGL000042700 07/16/2023 07/16/2024 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO - POLICY � PRO JECT ElLOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS Y Y CON-IIC-CA-0000390-00 03/31/2023 03/31/2024 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY /� AUTOS ONLY PIP - Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE CONHSCX000033500 07/16/2023 07/16/2024 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA Y 196-57732 03/31/2023 03/31/2024 X PER STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Each Claim $2,000,000 D Liabilitygg Professional Liability &Contractors :1Y Y PECO05358205 02/04/2024 02/04/2025 A re ate g $2,000,000Pollution DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 23-8163 Installation and Maintenance of Traffic Signals and Roadway Lighting Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR, Collier County are included as additional insureds 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. Thirty (30) Days Cancellation Notice. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE FL 34112 I J. @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 730 ,aco CERTIFICATE OF LIABILITY INSURANCE 16.B.1.i DATE (MM/DD/YYYY) 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 WhitCo Insurance Agency LLC PHONE Rick 42-955Senderling FAX 5802 State Road 54 AIC Nv Ext : 727-842-9555 A/c No): E-MAILD New Port Richey, FL 34652 SS: rick@whitcoinsurance.com License #: P212741 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Nautilus Ins Co 917370 INSURED INSURER B : SOUTHERN SIGNAL AND LIGHTING, INC. INSURERC: Evanston Insurance Co #35378 16909 US-19 INSURER D : HUDSON, FL 34667 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 00007395-4191996 REVISION NUMBER: 133 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 LTR TYPE OF INSURANCE ADDL D IN SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY BN96573-1 02/04/2024 02/04/2025 EACH OCCURRENCE $ 1,000,0 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,0( MED EXP (Any one person) $ 5,0 PERSONAL & ADV INJURY $ 1,000,0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0 POLICY I PE� LOC PRODUCTS - COMP/OP AGG $ 2,000,0( $ OTHER: B AUTOMOBILE LIABILITY 03200032 06/30/2023 06/30/2024 Ea INED acccidentSINGLE LIMIT $ 1,000,0 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ A UMBRELLA LIAB X OCCUR AN1277257 02/04/2024 02/04/2025 EACH OCCURRENCE $ 1,000,0( X AGGREGATE $ 1,000,0( EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C COMM PROPERTY 1AA327943 12104/2024 02/04/2025 BPP 50,0( A Inland Marine BN965736 02/04/2024 02/04/2025 Equipment 49,8( DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract : 23-8163 - Installation and Maintenance of Traffic Signals and Roadway Lighting' CERTIFICATE HOLDER CANCELLATION Collier County Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHO 4) C M C d C M 2 0 0 M In c fc C LM CO c L d t 0 N _I O V I M to T_ op CO) N C d E t 0 c� Q © 1988-2015 ACORD CORPORATIO Packet Pg. 731 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by RSM on FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8163 for Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT, made and entered into on this by and between Southern Signal & Lighting, Inc. authorized to do business in the State of 16909 US Highway 19, Hudson, FL 34667 Florida , whose business anA Collier (ounty, a political subdivision of the State of Florida, WITNESSETH: , (the (the "County"): address is "Contractor") 1. AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing ❑ tepee -he-date-ef-Beard-appfevaf; or 0 on May 14, 2024 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 ❑s Purchase Order ❑ �letic-e-to-Rr-oeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ F�eq-�+er,,#--fer-�repesal-(-I�I=R} � Invitation to Bid (ITB) ❑ 91hoe —{ --} # 23-8163 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FE The Contractor shall also provide services in accordance with Exhibit A -Scope of Services attached hereto. Page 1 of 17 Fixed Terns Service Multi -Contractor Agreement [2023 ver.2 ICAO including labor, materials, equipment, overhead, etc.) delivered (i.e. installation price per ton, delivery price invoice must identify the unit price and the number inventory or cost verification). Page 2 of 17 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 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. ❑ 8 The-pr©c�deee-for-abt�+wing-Werl�-ride+-tbis-Ageernenf-is-Qutli�aed-ire ❑ Qth�r I xhibith taehmc� 3� ❑ Th�G�ee�ee�e-r-+gh#-t�-epeei€y-i�-eac-h-F�eque�#or-Quo-t�tler-r�:-th�per-i3d ef--sem. pfetaen eelles#ion-e#-Agidated-daage�-i+3-the-ee�et sf late-eor�ple#i©nr�d the Rr i ee-fvltk�ed alegle eted-in-�-1: 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): ❑ �mla-Sir-`�e-�F-i�d-F�ic-e-}=A-fir-�#i3c-ed-to#-al-pr+rye##�ri�tg�or-�-pt�ejec-�;-t�i�r-+sl��-ere transfer-red4rer� 4he-C anty4e-the-een-tr-aetor;-aid, as-e--I�usi-n-ese-pr-aetice-there-ar-e-no k�e�:rray-er-r-na#e��aa-invoiees--preeeated�--ether; the-sentr-aster--Mast--pe�fe�m is -#he satis-f-aetiea-of=thousyslffejeet-manager-befef-e-pa-�� f sor-4he4*ed--priee ceent-r-acct is,authoFized- 0 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. I Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, for a repetitive product or service per package or carton, etc.). The of units received (no contractor Fixed Term Service Multi -Contractor Agreement [2023_ver.2] CAO 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 ❑ ¢c-lapels-if--ataplieat3le)- Tr�at�l---a��-Feicm��rs�l�le--E�Nen�es: ?-�a�zl-and .eimbur-eab e- uses -,mu& fie-aprov-edAn--adv-anee-ifl-writing-by-thun- Tr-avcd expense&-skall-be-reimbur-sed-a&-per SeetienA-1-27061,-FIe-Stata7 Pic i m b �a r�.�e� en#�-s�aa-b e-at-tk��f©I l ean�i n g-r-ates= ib4llea e $S-�Y4:5-per-ram+le Brea-kf-a=&t $6700 l=uneh $441690 Si nner- $-1-:00 A+r-fare AetLica44-c4ket ea-&t hmited-te--toupist er- e-e } ela-& dare Re-Rtat-ear Aetuak-rental-coat—l[ ited- 4e-- rnpac-A -or- stan d ar4-eizv=,n Wiles Ledging Aet-uarate w-itla-a-c-a #-rye-r-t�o�e-t�iat��-1-00�0-per-ni - ht E�ark+n Aetuol-ee-&t-e# arkin Ha i-e -A+r AetLuakeest ef-eR4er-ta7 i"r-a' or44ifnsuaine P�eirr�bur-sabae-items-ether-tlaan-t-r-avel-ex-pc-T,��,"�tl-be-tir�ait-ed-to-t-he-#o li�wing=telephone let�g-dieta�se-el�ar-gee;-f�ella�arge�-p#etoeop�it�g-eha�ges-and-postage—P�i�burseblc iten�v+ll-be-pa+d-on�3+-a#-ter--Oer�tr-ac-ter-Ira-s-pr-Quid mod-all-r-eeei�#s---6eetr�etar�ha [I --he reapeRS-ib4e-€or-aa er-seeta�nd-e*penses-associated-with--activitie€,--and-&olieitntianJ u nderta]%1"uf&ua+a#-4e4# s erften-t�. 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 # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2] �� � CAO) 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: Address: Authorized Agent: Attention Name & Telephone: E-Mail(s): Southern Signal &Lighting, Inc. 1150 Power Street, Unit 10 Naples, Florida 34104 Daniela G. Coleman, Treasurer Title: David Rodriguez, Superintendent (727) 819-2061 / (239) 571-5212 southernsignalandlighting@gmail.com Antagonizer67(yahoo.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- Traffic Operations Address: 2885 South Horseshoe Drive Naples, Florida 34104 Administrative Agent/PM: Leandro A. Goicoechea, Principal Project Manager Telephone: (239) 252-5178 E-Mail(s): Leandro.Goicoechea@co llercountyfl.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 Worlc 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-Conh•actor Agreement [2023 ver.2] FAO 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. ❑■ 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. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 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 [2023_ver.2] 9- ❑ d3rofe i�ra�l-L-iat�llits, all-be-mainte+net-b he-Geri#raetor-#o-er�sure-i# legal l+abA y4or-elairne-ar- ing-eu-t--of the--per#or-mane-e-0€-pro#e-srsienaa-sepAcees, under -this Ag reem-ent—Centrestor-waives4is-rkjN of4e c-over-y-ag ainst-Gou rtty-a&-to-any-elai m s-u n d or• t#Ai:sura-n- e= eh-in.&ur-anee--shall-have-limitsof-ne"ess-than-$ each ela-i rn-a-Rd-agg-r-egate- ❑ Cberl=iu#ril+t*,�CceagehaN-hav�rninirnurn-liraaits of per-elaim- F- n sham-h�nTini r17utwa-4i rn+te-of P e4 F laU M's shall-have-mi ninau�-I+n�it�-ef$— pet'-elai+m- Shull-huy�� rninirn�+a�-lirt�+ts-eTI+------pef�elaiirf- Go��er-uge CovorUgo vev'e r-2iye 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 [2023_ver.2] ok 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 -Traffic Operations Section 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), FMI Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ F-R/ 0� ITB/❑ Ofhe #23-8163 , including Exhibits, Attachments and Addenda/Addendum, ❑ eeq-uctft quota , and 0 Other Exhibit/Attachment: Federal Contract Provisions and Assurances 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 [2023_ver.2] 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, as well as the requirements set forth in Florida Statutes, §448,095; 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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD 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: PublicRecordRequest(acolliercountyfl.gov 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 Page 8of17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2] � Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. I 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 Page 9 of 17 Fixed Term Service Nlulti-Contractor Agreement [2023_ver.2] 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. 25. 0 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. ❑� 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 Page 10 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2] �� 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. 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. Page 11 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2] � 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. ❑ t4E-Y-RE-R�N�IEL�-he-GoatraGter s-garaeetael-aiad-m�nageer�t-to-be-utilizod-fEr t#*, pr-ojec�h,afl-be*,mawled(jeable--in their ar-ea&44# - e ti-se--the-GeeRty-rteserwe-s.j�the r-ig-htA-"erfer-m4nvestiga-tiE)n&-a6-many-be-deemed-neee&suar) -to-en&r-e4lat-Gor-apetont persens-will-be-atiti-zed-in-the eFfer-m-anee-af-the-Agr-eeme-nt-The-Gentr-aet-er shall-aorsigr a-s-raa-n-y-fee p le-as-neeer.Tsa r-y--taco r�glete-tie-ser-vi c-es-ova-at�t� e {�-basi send-cash-pe rsc n assigns-d shad!-be-a-ailabic-for-aa-amount-et°tifne-adequate-to-m-cet the-, equired-s-er-vice datas�-he-Gc tfaeter-shall-not ehange�Key--Rer-sonnel-uniess the-.odlawirig-conditions-arc nit:repeeed-+epdacernents-hav-e-- b&tantially-the`same-er-be-tter-quaiific-ationG and/or-ee,\tpe-r-ien� that-the-Geunt-y46e netif-ied-inwaiting-a-s-far-in-auvance-as possiblic T-he-Ger+tr-aster-shall-make-c-ommedal!-y-r-eaasenablc-e4foite-te-not+f-y-GeI{ie-r-Geunt uAti-thin seven4q days-ert„ ",e-nge- -he C ,nter-r-etadn-s-fi-nat-appr-evad-o#-grapased-r-eplaeom-ent pe-r-sonnel- ® 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. ❑ �!ODE-P�-�F-E�p�E-s-E�3�l�:GL�--l-r-�-the-ere-r}�efi-any-cenfliet-kaetween-er-ar-Hong-the-tc�-r-r�s ef-�any-of-t-he-..,,Mac-�flt-Dec—eats the-terms-o �eaieftaticra thesGer traeter s-Proposal; and/or-the-Geuety.Ls-Board- appre-ved-E,x-eGi ti-ive-8-umm-ar ,the-Gent-r�Gt Dosu-m,&,nis-shad t-ake-preee4de-nee- 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 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 Page 12 of 17 Fired Term Service Multi -Contractor Agreement A 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 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 c colliercountyfl.gov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. � 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 Page 13 of 17 Fixed Term Service Multi -Contractor• Agreement [2023 ver.2] 0 shall only be mado by Collier County's Risk Management Division Safety Manager and/or Safety Engineer, IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. Al•TEST: Crystal K. Kinzol, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor°s Witnesses: Co t ac or s First Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall Chairman Southern Signal & Lic�htinq, Inc. Contractor Signature "De%v"% % Zc C Ca -tf'('t u � RAO.�ts Z , . TType/print signature and title TType/print witness name I Contractor's Second Witness C1 Type/print witness name Approved u Prl and Legality: on PFigc IA of 17 i�i�ed'ferm Scr��icc \7ulti-ConU't�ctor Agreement _ 12023_vcr,2 • � Exhibit A Scope of Services ❑v following this page (pages through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement Invitation to Bid (ITB) 23-8163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" EXHIBIT A SCOPE OF SERVICES This agreement is awarded on a Primary/Secondary basis as follows: Primary Contractor: Southern Signal &Lighting, Inc. Secondary Contractor: Horsepower Electric Inc. Should the Primary Contractor not be able to provide the services within the time period, the Division reserves its rights to move to the Secondary, as necessary. The County further reserves the right to seek services outside of this Agreement if the Primary or Secondary Contractor are unable to perform. The terms "Contract" and "Agreement" may be used interchangeably throughout this Agreement. Contractors) is expected to assist the Collier County Transportation Engineering Division Traffic Operations Section in performing routine and urgent traffic signal and roadway lighting maintenance and repair work in all areas of Collier County. Routine and urgent traffic signal and roadway lighting maintenance and repair work is to Ue directed Uy Collier County Traffic Operations Section on a furnish and install or install only compensation basis in accordance with the following: • Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition • Florida Department of Transportation Design Standards, Latest Edition • Collier County Traffic Operations Traffic Signal & Roadway Lighting Technical Special Provisions, Latest Edition • Collier County CMA# 5807 Maintenance of Traffic (MOT) requirements (attached) • Traffic Control Signal Devices, Latest Edition • Federal Highway Administration's Manual on Uniform Traffic Control Devices, Latest Edition • Collier County's Technical Special Provisions for Traffic Signal Installations, Latest Edition • Collier County's Roadway Lighting Design Standards, Latest Edition FEMA funding may be used, in part, in support of the services obtained by the Contractor under this Agreement. PART 1. TRAFFIC SIGNAL AND ROADWAY LIGHTING SYSTEM MAINTENANCE AND REPAIR 1.1 Traffic Signal System Maintenance and Repair: a. Maintenance and repair work consists of providing all labor, material, equipment and MOT for routine signal maintenance, minor signal repairs, signal light unit replacement, signal wiring, installation of inductive loop detector with sealant per FDOT Section 660, signal system communications repairs, rebuilding electrical services, urgent repairs, etc. Collier County, at its discretion, may provide controller assemblies, signal indications/heads, or other signal components as deemed necessary. All work assigned shall be completed within fifteen (15) days from the date as notified by the County, unless otherwise agreed to by the parties in writing. Page 1 of 5 C� Exhibit A — Scope of Services Invitation to Bid (I'IB) 23-8163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" 1I Roadway Lighting System Maintenance and Repair: a. Maintenance and repair work will include trouble shooting lack of power at luminaires, repair of a specific load center circuit and components, and replacement of conduit and conductors between roadway lighting pole installations, replacement of light pole installations and or load centers knocked down by vehicle crashes or service reasons. This includes all labor, equipment, materials, MOT, vehicles, and components necessary to replace the roadway lighting installation on its existing foundation and/or load center installation. Additionally, the Contractor shall perform an initial callout visit to pick tip the knocked down pole and parts and to make the location safe while awaiting a replacement installation. In the event the existing light pole foundation must be replaced, that work will be accomplished under a separate work assignment. Should the Light Pole and Ann be undamaged and reusable, a replacement Transformer Base, Luminaire, and associated components as needed shall be installed to return the installation to normal operating condition. Collier County, at its discretion, may provide roadway lighting components as deemed necessary. b. The County will remain responsible for everyday maintenance of all the Roadway Lighting. 1.3 In the event of an urgent matter, where a potential safety hazard may exist or where traffic is delayed or impeded; the County may deem the repair to be an urgent repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the County. Urgent work will be identified as such by the County staff member notifying the Contractor. An urgent response flat rate fee of $150.00 will be allowed in the event the County requires it regardless of normal or afterhours. Urgent work shall be given either by e-mail transmission or verbally by telephone, with written documentation to follow within twenty-four (24) hours on business days. 1.4 All work performed under this Agreement, issued for a specific maintenance/improvement work and/or location, will commence upon issuance of a work assignment and as directed by the Chief Engineer of Traffic Operations, or designee. 1.5 Hourly labor rates shall be inclusive of all overhead, insurance, profit, and travel costs. Labor• and equipment rates and applicable markups shall be in accordance with Part 1 of Exhibit B Fee Schedule ("Fee Schedule"). 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. 1.6 Subcontractor/Material Mark - Up: • Use of Subcontractors: The Contractors) will be required to provide proof of the subconhactor services supplied by providing invoices at the time of invoice submission. Subcontractors shall be on a strictly cost plus 15%. Subcontractor rates shall not exceed Contractor rates. • The County reserves the right to furnish any or all materials and/or services should such action be in the County's best interest. In the event parts, materials, etc. are needed, markup for these items shall not exceed 10%. 1.7 Additional Items/Services: Pursuant to Section 31. of the Agreement 1.8 On occasion throughout the contract term, it maybe necessary for the Contractor to store items such as traffic signal poles &arms, foundation bolts, roadway lighting poles, anus, precast foundations, and/or related traffic control structural components in the Contractor's material yard. This service will be a part of the annual contract award and no additional compensation will be made for the storage of any items. Page 2 of 5 Exhibit A —Scope of Services �."•? Invitation to Bid (ITB) 234163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" 2. MAINTENANCE PAINTING OF STEEL MAST ARM ASSEMBLIES AND STEEL STRAIN POLES Shall be included in the resultant contract and are a part of the Fee Schedule. 2A Maintenance painting will include the preparation and painting of entire intersection steel traffic signal assemblies, and damage to traffic signal assemblies due to vehicle accident. Traffic signal assemblies and damage repair areas painted under the Collier County Traffic Operations Maintenance of Structural Steel Standards will require a five (5) year warranty against Fading and Adhesion per FDOT Section 6494.3 Painting. 2.2 The adhesive nature of the new coating is affected by the existing surface of the vertical pole and hot•izontal mast arm assembly and various physical, chemical, and mechanical treatments are required to remove surface contamination, oil, greases, and previous surface coating as necessary to produce a suitable surface for the new primer and final coat finish. This may include pressure washing, grinding, sanding, and solvent wiping with xylene or a similar product just prior to coating to remove all exhaust from gasoline and diesel vehicles. 2.3 All labor, material, and equipment utilized to complete the Maintenance Painting of Steel Mast Arm Assemblies and Steel Strain Pole work assignments shall be per Part 2 of the Fee Schedule. 2.4 Unit prices for maintenance shall be inclusive of all labor, tools, material, parts, equipment, travel and all necessary resources to complete the work. 3. DETECTORS AND LOOP ASSEMBLY 3.1 Loop assembly installation includes all necessary labor (including opening or drilling curb windows), machine work, FDOT approved loop sealant, and up to 150 feet of Lead -In Cable. Lead -In Cable in excess of 150 feet will be paid for as a material reimbursement per verification of reasonable cost and proof of purchase for specific job. When more than one loop is installed at an intersection on a single work assignment all loops after the first will be paid as Item 660-2-2021, 660-2-1061 or 660-2A063 as applicable. 3.2 Detector installation includes all cabinet wiring necessary to provide a working detector. 3.3 It prices for Detectors and Loop Assemblies shall be inclusive of all labor, tools, material, parts, equipment, travel and all necessary resources to complete the work. 4. CONTRACTOR'S REQUIREMENTS/RESPONSIBILITIES: a. The contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CMA Instruction 5807 of the County Manager Administrative procedure during all phases of project work. Contractor will provide personnel trained and certified in FDOT Approved Temporary Traffic Control (TTC) Intermediate or Advanced Course. Contractor will assure the use of FDOT, and Collier County approved Temporary Traffic Control Devices such as safety vests, traffic cones, and arrow boards at all work locations. Observation of unsafe MOT practices by County Transportation or Risk Management personnel will be grounds for an order to cease work. Continued unsafe MOT practices will be grounds for voiding this contract. b. All MOT shall be considered as incidental work and payment, therefore, is included in the Fee Schedule. No material, equipment, or labor shall be added to invoice costs for design, set-up, take -down, ot• maintenance of proper MOT. c. The contractor shall be capable of providing field engineering and technical assistance as may be needed within the contract period. All project meetings, scheduled or unscheduled, field meetings, office work, Page 3 of 5 Exhibit A —Scope of Services (;. O Invitation to Bid (ITB) 234163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" and permit applications preparation work shall be considered administrative overhead and incidental to contract work, and shall be performed without billing. d. As a matter of public safety and liability, urgent service response time shall be adhered to strictly to maintain a minimal level of County liability. Failure by the Contractor to provide expedient response as outlined in scope of work shall constitute contractual default. e. The County reserves the right to separately solicit any job or perform services with County staff, if in the best interest of the County. f. Contractor may be required to perform work at night and/or on weekends due to lane closure prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for urgent repairs. No premium will be paid for night, weekend work or County Holidays. g. The Contractor's Field Supervisor or Project Manager shall be available directly, without involvement of office personnel or answering service, twenty-four (24) hours per day, seven (7) days per week with the Traffic Operations Section during the contract period for the purpose of direct contact with the Traffic Operations personnel. h. Licenses: The Contractor, shall possess the correct occupational licenses. Qualifications shall include General Contractor & Electrical Licenses to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statutes, Ordinances, and rules and regulations of any kind. . In addition, Signal Technicians working inside the traffic signal controller cabinet shall have IMSA Signal Level II Certification. Proof of Certification may be requested prior to commencement of work. L*qulpneent: Contractor shall provide a complete list of all equipment that will be used on this contract upon award. The equipment list will include the malce, model, year of manufacturer, and the location of the yard where the equipment is stored when not in use. Aerial equipment must have a working height of sixty (60) feet. Contractor should own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will apply only when the equipment is in use at the job site. j. Lquipn:eiit Rental: In the event, additional, specialized and/or heavy equipment is needed, Traffic Operations personnel must be notified, in advance, for approval. The reimbursement of additional equipment expense shall be at cost and will apply only for the rental period required for the project. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. k. 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. For all projects that require the contractor to provide traffic control for work along roadways, the Contractor shall comply with the requirements of Collier County's CMA #5807 Maintenance of Traffic Policy. 1. Unsatisfactory Woi•%: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for the repair of unsatisfactory work Page 4 of 5 Exhibit A —Scope of Services �" yU� Invitation to Bid (ITB) 234163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" m. Construction Inspection Requirements: All work performed under the Contract shall be initiated and completed within the completion time indicated on the Collier County work assignment provided for each work project unless otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer, 1) Collier County Traffic Operations Section Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail (TrafficOps@colliercountyfl.gov) a minimum of seventy-two (72) hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road rights -of -way within Collier County. 2) Collier County Traffic Operations Section Inspection Staff shall also be notified either via form letter or e-mail a minimum of no later than noon the working day prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any changes that necessitate the rescheduling of work that has been previously scheduled shall be provided in writing via e-mail no later than 5:00 pm from the previously scheduled starting date. 3) Collier County Traffic Operation Section Inspection Staff has the full authority to shut down any and all overhead or underground work that has failed to comply with the aforementioned requisites. 4) Request for acceptance inspection shall be submitted a minimum of forty-eight (48) hours in advance of the requested inspection time. 5) Upon inspection and acceptance of contract work, the contractor shall submit an invoice for payment, along with a copy of the Purchase Order, along with pertinent As -Built Plans. 6) Be advised that Collier County Traffic Operations reserves the right to refuse payment for any, and/or all work performed without advance notification for inspection being provided either via e- mail, written correspondence, or by some other means of tangible evidence. Further, Collier County Traffic Operations also reserves the right to require excavation and/or exposure of any, and/or all work performed when advance notification was not provided/received by Collier County Inspection Staff as previously indicated, or underground work has been backfilled, and not staked prior to being seen by Collier County Inspection Staff, or Collier County Inspection Staff has any reason to suspect, and/or believe that the underground work may not have been installed per the aforementioned standards, specifications, requirements, etc. No additional payment for such exploratory excavation(s) will be paid. n. Coiitractor Employee Requirements.* All personnel supplied by the Contractor for this Contract shall be either: 1) Employees of the Contractor, that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL BE UTILIZED BY THE CONTRACTOR FOR THIS PROJECT, or 2) Subcontractors, licensed in Collier County to perform the work intended. The use of any and all sub -contractors will require specific written permission of the Traffic Operations Chief Engineer or his representative in advance of their work. Page 5 of 5 � Exhibit A —Scope of Services CAUL' Exhibit B Fee Schedule following this page (pages through 2 Page 16 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2] Invitation to Bid (ITB) 1123-8163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" EXHIBIT B- FEE SCHEDULE PRIMARY CONTRACTOR: Southern Signal & Lighting, Inc. Part 1: Traffic Signal System and Roadway Dahtina Svstent Maintenance and Repair nnrl Enuioaterrt Rntes Routine Maintenance &Repair Supervisor Hour $ 84.70 Signal/Roadway Lighting Technician Level II Hour S 78.65 Signal/Roadway Lighting Technician Level I Hour $ 74.55 Laborer Hour $ 66.55 Herrnv Enuirrntent (Bute includes Operator) Bucket Truck/Auger Truck Hour $ 72.60 Crane:12 1/2 Ton Hour $ 133.10 Crane: 35 Ton Hour $ 260.15 Minor Equipment: Air Compressor Hour $ 24.20 Generator (fuel included) Hour $ 24.20 Concrete Saw Hour $ 24.20 Marku for Traffic Signal S stem and Roadwa Li htin S stem Maintenance and Re air Subcontractor Markup Percent 15% Parts and Materials Markup Percent 10% Pru•t 2: Maintenance Painting of Stee! Mrrst At•tn Assemblies mtd Poles Labor, Material, &Equipment Rate for Painting Steel Strain Poles and Mast Arm Assemblies with or without Luminaire (Price Includes Preparation and Coating of Lrrminait•e Arm) Description ( Unit Unit Price Per Vertical Foot Pressure Washing per Vertical Foot Vertical Foot $ 16.23 Abrading Surface per Vertical Foot Vertical Foot $ 62.67 Primer Coating Application per Vertical Foot Vertical Foot S 24.68 Finish Coat Application per Vertical Foot Vertical Foot S 49.35 Description Unit Unit Price Per Horizontal Foot Pressure Washing per Horizontal Foot Horizontal Foot $ 16,26 Abrading Surface per Horizontal Foot eu Horizontal Foot $ 62.54 Primer Coating Application per Horizontal Foot Horizontal Foot $ 24.60 Finish Coat Application per Horizontal Foot Horizontal Foot $ 49.19 ') The adhesive nature of the coating is affected by the surface finish of the substrate. To accomplish this, various physical, chemical and mechanical treatments are required to remove surface contamination, oil, greases, surface layers and improve adhesion. Page 1 of 2 Rut 3. Detectors and Loop Assemblies (Furnish and Insmil) Includes un to 150 ft of Lead -In Cable. Item Description Unit Price Inductive Loop Detector - 2 Channel, $ 242,00 660-1-1 l0 Rack Mounted, Delay & Extend 660-2402 6' x 6' Type B Advance Loop (First $ 847,00 Loop) 660-2-2021 6' x 6' Type B Advance Loop $ 726600 Additional Loops) 30' Type F Quadrapole (First $ 1,089.00 660-2406 Loop) 660-2-1061 6' x 30' Type F Quadrapole $ 968400 Additional Loops) 660-2-1062 40' Type F Quadrapole (First 1,210.00 Loop) 660-24063 6' x 40' Type F Quadrapole $ 15089*00 Additional Loops) Prices shall remain firm for the initial term of the Agreement Page 2 of 2 �� p Description: Other Exhibit/Attachmem Federal Contract Provisions and Assurances ❑M following this page (pages ❑ this exhibit is not applicable through 11 Page 17 of 17 Fixed Term Service Multi -Contractor Agreement EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C,F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 2000321(b)(1)-(5) to ensure that small and minority businesses, womenIs business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons, (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 ...� R �i EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (6200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.govlsmm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C, § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 r EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000); Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,0001: 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1 A): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 241 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 ►,O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Southern Signal &Lighting Inc Date 10-16-2023 Digitally signed by DANIELA G DANIELA G COLEMAN coLEmAN Authorized Signature Date: 2023.10.30 10:41:35-04'00' EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (l) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Southern Signal &Lighting, Inc By: DAN I ELA G Digitally signed by DANIELA G COLEMAN COLEMAN Date: 2023.10430 10:41:55-04'00' Signature Daniela G Coleman, Executive Secretary Name and Title 16909 US Highway 19 Street Address Hudson, FL 34667 City, State, Zip FCBYEDALQ323 UEl Unique Entity Identifier (for SAM.gov verification) October 16, 2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT atus will be verifted, Unverifable statuses will require the PR 0E to either prcrI a revised statement or provide scarce documentation that validates a atus. A. PRIME VEPJDOR/CONTRACTOR INFORMATION PRIME tJAMEI PWAE FE 0 NUMBER I CONTRACT DOLLAR AMOUNT Southern Signal & Lighting Inc 20-2031549 IS THE PRIh1E « FLORIDA-CERTIFIEQ QlSA.D:'A.}ITAGED, �rETERA1l Y N 3 THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN SUSINESSEt1TERPRISE? DBE%' N CONSTRUCTION ? Y N fDBElf.IBE%t'iBE1 OR HAZE A SMALL DISADVANTAGED MBE? 'e tJ CONSULTAT.ON? Y N BUSINESS EA CERTIFICATION FROW THESMALL BUSINESS ADMINISTRATION? A SERVICE DISABLED VETERAW WBE? Y N OTHER? Y N SDB SA? 'i N IS TH`.S SUBI415.S ON A RFiISION? Y N 'F YES, REVISION NUMBER B, If PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, ;fti'9ALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE h1/1NSE SUBCONTRACTOR OR SUPPLIER TYPE OF M10RK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF COtJTR.ACT VETERAN tIAME SP£ClALTY {See BeEowj OOLLAR AMOUt:T DOLLARS WBE Rainbow Distributors USA materials 5 D/o TOTAL C. SECTION TO BE COMPLETED BY PRI�VIE VENDOR/CONTRACTOR NAME OF SUBMITTER DAT£ TRLE OF SUB!"1fTTER Daniela G Coleman October 16, 2023 Executive Secretary EMAIL ADDRESS OF PRIME southernsignalandlighting@gmail.com TELEPHONE NUMBER 727-819-2061 FAX NUMBER 727-857-4097 NOTE: This information is used to track and report ETHNICITY anticipated DBE or t.'.BE participation in federally -funded contracts. The anticipated DBE or h1 BE amount is vol untar� and'sill not become part at the contractual terms. This iann must he submitted at time of response to a SOlicitation. if and when awarded a county contract, the prime sill be asked to update the iniormation for the grant compliance files. CODE E•IackAmerican BA Hispanic American HA Native American NA Subccnt, Asian American SAA Asian-PacificAmerican APA Non-tAinorive'women Nt.4w other: not of any other group listedl 0 N BY: D. SECTION TO BE COMPLETED BY COLLIER r_.oUNTY COLLIER CONTRACT n I IFBlRF P or EXHIBIT I - 10 vRAtlT PR t1TRACT GATE EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 10 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, can, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosureI if any, In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Southern Signal & Lighitng, Inc Contractor (Firm Name) Digitally signed by DANIELA G DANIELA G COLEMAN COLEMAN Date: 2023.10430 10:42:10-04'00' Signature of Contractor's Authorized Official Daniela G Coleman, Executive Secretary Name and Title of Contractor's Authorized Official October 16, 2023 Date EXHIBIT I - 11 PROPOSAL FOR Installation & Maintenance of Traffic Signals and Roadway Lighting Solicitation No: 23-8163 Presented to: Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 By S���NERNS/�,yq� & LIGHTING Corporate Headquarters Naples Branch 16909 US Highway 19 1150 Power Street, Unit 10 Hudson, Florida 34667 Naples, Florida 34104 Phone: 727-819-2061 Phone: 239-331-8438 P.O. Box 5142 Hudson, FL 34674 & LIGHTING Telephone : 727-819-2061 MAKIYG ROADSSAFER AND BRIGHTER Facsimile: 727-857-4097 October 16, 2023 Collier County Board of County Commissioners Purchasing Department 3295 Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 RE: Collier County Board of County Commissioners Solicitation # 23-8163 Installation and Maintenance of Traffic Signals and Roadway Lighting Dear Commissioners: On behalf of the entire Southern Signal & Lighting team, we are delighted to, once again, present ourselves and our services to you, the Board and the constituents of Collier County. We have been a registered company in the traffic signal and roadway lighting business nearly two decades and have over 80 years of collective industry knowledge and trade skills. We are qualified and licensed to provide the most superior service to Collier County as well as any other Governmental and Privately -Owned agency throughout the state of Florida. Over the past seventeen years, Southern Signal has worked diligently with Collier County under the Annual Traffic Signals and Roadway Lighting Maintenance and Installation Contract. Operating from our Naples Branch, located at 1150 Power Street, Unit # 10, we have worked hard to provide our services with only the best interests of our community in mind. We will continue to provide around the clock consultation, emergency response and availability of services as well as the utilization of abundant green and recycled materials, saving money for our County and its constituents. The majority of Southern Signal's team members reside in Collier County with their families. As a company with outstanding morals, we strive to keep our local economy and community stimulated by returning the earnings back into our local businesses. Our goal is to utilize only the best, most cost efficient and qualified local vendors, and subcontractors for our projects. Our objective is to work closely and diligently with County Staff and Private Firms toward attaining a safe, bright and environmentally friendly way of life for its citizens. Southern Signal & Lighting has worked hard to create an impeccable name for itself and for the operations and services provided to our local officials. We are dedicated to going above and beyond the call of duty to provide only the utmost quality service possible to our clients through highly experienced and qualified personnel. Our philosophy is based on responsibility, open communication, and mutual respect. We maintain an equal opportunity environment that encourages high productivity and respect for dedicated fellow employees as well as our customers. Since its inception, Southern Signal has successfully completed nearly every project and service at or below budget in various localities throughout the State of Florida. In Collier County, we have completed several Complete Intersection Installations for Various Private Contractors including, Quality Enterprises, Bonness, Baron Collier, and GL Homes. We are proud to have installed the County's First Eco-Friendly LED Street Lighting project along Devonshire Boulevard between Santa Barbara Boulevard and Radio Road and the County's First Mid -Block Hawk System Cross Walk which is an audible cross walk system to aid the visually impaired citizens of the Bayshore Community. In addition to these major projects, Southern Signal has also worked on numerous other projects in Collier County in cooperation with the various County Departments such as the Collier County School Board, The City of Marco Island, the Road & Bridge Division and The City of Fort Myers. Naples Branch Phone: 239-331-8438 1150 Power St., Unit 10, Naples, FL 34104 Fax: 239-331-8439 Southern Signal has also assisted the County in the refurbishment of the peeling and fading Mast Arms and Traffic Signal Poles throughout the community. Having worked for approximately thirteen years in this field, we have gained tremendous experience in the preparation of poles and application of paint. We have become renowned for our expertise and excellence not only throughout the state of Florida but, we have also become a factory authorized representative for Millerbernd Corporation, a major pole manufacturer, for paint and coatings repairs and have traveled to various states for the factory as a painting contractor. It is with great satisfaction that we look around at the fruits of our labor and continue to help make every community we work in a beautiful place to live in and visit. Below is a list of key personnel pertinent to this submittal: James Coleman Cell: 727-919-5508 email: southernsignalandlighting(a-) mail.com Daniela Coleman Cell: 727-534-3892 email: southernsignalandlighting(cD mail.com David Rodriguez Cell: 239-571-5212 email: antagonizer67(5)yahoo.com Proposed Subcontractors anticipated to be part of the team with proper approval from County staff are as follows: CabCo Group Office: 239-334-4427 email: info(a)cabcocorp.com Aztek Communications Office: 239-659-0017 email: scoyne(abazteknaples.com Mammoth Constructors Office: 352-771-5634 email: pm(cDmammothconstuctors.com McShea Contracting Office: 239-368-5200 Southern Signal & Lighting, Inc. looks forward to once again having the opportunity to continue the outstanding, well - established partnership created between the synergized efforts of both, our team and that of the staff, officials and community of Collier County. Together we can continue to provide the unparalleled service and craftsmanship that the constituents of Collier County expect and deserve. Respectfully, DA N I E LA G Digitally by DANIE ASigned G COLEMAN COLEMAN 023.10.3010:39:10 04'00' Daniela G Coleman, Executive Secretary Naples Branch Phone: 239-331-8438 1150 Power St., Unit 10, Naples, FL 34104 Fax: 239-331-8439 Co Yer C01414ty Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. ® General Bid Instructions has been acknowledged and accepted. ® Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ® Form 1: Vendor Declaration Statement ® Form 2: Conflict of Interest Certification ® Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. ® Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. f g Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. f g E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. ® Vendor W-9 Form. ® Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ® The Bid Schedule has been completed and attached with your submittal, applicable to bids. ® Copies of all requested licenses and/or certifications to complete the requirements of the project. ® All addenda have been signed and attached. ® County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ® Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Co 1e-r COWIty Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 16th day of October, 2023 in the County of Pasco in the State of Florida. Firm's Legal Name Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email Signature by (Typed and written) Title: ,•'..N j!... EAe , live Secretary MY Comm. Expires August 03, 2027 I ✓j _ (D NO. HH 429172 .� fjF' F Lll�t • Southern Signal & Lighting, Inc 16909 US Highway 19 Hudson, FL 34667 P04000169548 20-2031549 727-819-2061 23 Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: David Rodriguez Title: Superintendent Address: 1150 Power Street, Unit 10 City, State, ZIP Naples, FL 34104 Telephone: 239-571-5212 Email: Antagonizer67@yahoo.com Co 1'e-r C01.nty Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: l . All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Southern Signal & Lighting, Inc. Company Name Signature Daniela G Coleman, Executive Secretary Print Name and Title State of Florida County of Hernando The foregoing instrument was acknowledged before me by means ofZphysical presence or ❑ online notarization, this 16th day of October (month), 2023 (year), by Daniela G Coleman (name of person acknowledging). *(Cr=(Signatyurefotary Public) (Print, Type, or Stamp. . isTioned Name of Notary Public) Personally Known OR Produced Identification •• SJ Co" lJ Type of Identification Produced MY �t�t 9tMt 0 �� �, 2027 7. NO- HH 429172 Co ier Co-uvtty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposalibid. Southern Sienal & Lighting, Inc. Company Name Signature Daniela G Coleman, Executive Secretary Print Name and Title State of Florida County of Hernando The foregoing instrument was acknowledged before me by means of 3� physical presence or ❑ online notarization, this 16th day of October (month), 2023 (year), by Daniela G Coleman (name of person acknowledging). (Signature bf Notary Public) Personally Known OR Produced Identification Type of Identification Produced oc(DAU( S+w�o (Print, Type, or Stamp Commissioned Name of Notary Public) My Comm. Expires August 03, 2027 NO. HH 429172 UB Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: Southern Signal & Lighting, Inc (Name of Company Requesting Reference Information) Daniela G Coleman (Name of Individuals Requesting Reference Information) Name:Nancy L. Buhr (Evaluator completing reference questionnaire) Email: .com FAX: Company:Millerbernd Manufacturing (Evaluator's Company completing reference) T Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Remove failing paint, prep and recoat Completion Date: 10/10/2023 Nashville, TN Project Budget: $60,382.26 Project Number of Days: 14 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: Southern Signal & Lighting, Inc (Name of Company Requesting Reference Information) Daniela G Coleman (Name of Individuals Requesting Reference Information) Name: John Asher, P.E. (Evaluator completing reference questionnaire) Email: com FAX: Company: GL Homes of Florida, Inc. (Evaluator's Company completing reference) Telephone: 23 9-293 -4220 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Traffic Signal at the intersection of Completion Date: October 3, 2023 Immokalee Rd & Twin Eagles Blvd./ Majestice Trails Blvd. Project Budget: +/-$600,000 Project Number of Days: +/-220 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 9 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 98 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: Southern Signal & Lighting, Inc (Name of Company Requesting Reference Information) Daniela G Coleman (Name of Individuals Requesting Reference Information) Name:Norman J. Trebilcock Company:Trebilcock Consulting Solutions (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ntrebilcock(a-,)trebilcock.biz FAX: 239-566-9553 Telephone: 239-566-9551 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Numerous Signal Projects (Valencia, Completion Date: 2022 thru Naples Charter Academy, The Orchards, and BCHD1) 2023 Project Budget: Varying--$300k thru $700k) Project Number of Days: 180 thru 360 days Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 A vital member of our signal construction projects. Solutions oriented. October 10, 2023 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: Southern Signal & Lighting, Inc (Name of Company Requesting Reference Information) Daniela G Coleman (Name of Individuals Requesting Reference Information) Name:Louis J Gaudio Company:Quality Enterprises USA, Inc. (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: LGAUDIO(a),QEUSA.COM FAX: 239-435-7202 Telephone: 239-435-7200 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Co Yer C01414ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: Southern Signal & Lighting, Inc (Name of Company Requesting Reference Information) Daniela G Coleman (Name of Individuals Requesting Reference Information) Name: Reva Jordan, Project Manager (Evaluator completing reference questionnaire) Email: com FAX: Company: DB Civil Construction, LLC (Evaluator's Company completing reference) Telephone: 3 86-256-7460 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Avenue C SW & 2nd Street SW Completion Date: 2/20/2023 FDOT FPID NO 440276-1-58-01 Project Budget: $1,448,158.06 Project Number of Days: 300 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 GENERAL BID INSTRUCTIONS 1. PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified Firms/Vendors/Contractors in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful Vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bidder may be deemed non -responsive if the Bid forms are not properly executed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non -responsive. 2. QUESTIONS 2.1 Direct questions related to this Bid to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsyne.com/bidsync-cas/. 2.2 Bidders must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 3. COMPLIANCE WITH THE BID Bidders must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB may result in disqualification. 4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discover any ambiguity, conflict, discrepancy, omission or other error in the ITB, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the bid. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the Procurement Services Division. 5. PRICING Vendors must provide prices using the unit of measure specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined. 6. ALTERNATE BID PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non -responsive. 7. EQUAL PRODUCT Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the Vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 8. DISCOUNT Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 9. ADDENDA The County reserves the right to formally amend and/or clarify the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those Vendors who downloaded the ITB document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Before submitting a bid response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in deeming your submittal non -responsive. 10. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ 11. QUESTIONS If the Vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: https://www.bidsync.com/bidsync-cas/. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 12. PROTESTS PROCEDURES 12.1 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests. 12.2 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 12.3 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 12.4 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 12.5 Complete instructions for formal protest are set forth in Section 23 of Collier County Procurement Ordinance 2017-08, as amended. The protesting party must have standing as defined by established Florida case law to maintain a protest. 13. IMMIGRATION AFFIDAVIT CERTIFICATION 13.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. 13.2 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposalibid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. 13.3 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system. All vendors shall familiarize themselves with the statutory requirements set fort in the Florida Statutes §448.095 pertaining to the responsibilities of Public Employers, Contractors and Subcontractors. 13.4 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 13.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec.. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. LOBBYING After the issuance of any solicitation, no current or prospective Vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective Vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -Eight of Procurement Ordinance 2017-08, as amended. 15. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document should be submitted with the solicitation response and the document number should be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. LOCAL VENDOR PREFERENCE (LVP) Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. 17. GENERAL INFORMATION When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 18. BID AWARD PROCESS Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Online Bidding system Online Bidding system website: https://www.bidsync.com/bidsync-cas/. 19. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 20. INSURANCE AND BONDING REQUIREMENTS 20.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall be required to provide the Certificate of Insurance(s) with the limits set forth in the solicitation within five (5) days upon notification of selection for award. If the Vendor cannot provide the document within the referenced timeframe, the County reserves the right to award to another Vendor. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 20.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 20.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 20.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." 20.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 20.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 20.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 20.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 20.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 20.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under the Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 20.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 21. ADDITIONAL ITEMS AND/OR SERVICES Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 22. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. The County reserves the right to take into consideration a Vendor's past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. 23. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 23.1 The selected Vendor may be required to sign a standard Collier County contract or accept the County's Purchase Order terms and conditions to serve as a formal contact. 23.2 The resultant contract(s) may include purchase or work orders issued by the County's Project Manager (a/k/a Contract Administrative Agent). 23.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements other documents or agree to any exceptions to the County's terms and conditions provided by the Vendor. 23.4 The County's Project Manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 24. PUBLIC RECORDS COMPLIANCE 24.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) 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 & Public Affairs Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 24.2 The Contractor must specifically comply with the Florida Public Records Law to: 24.2.1 Keep and maintain public records required by the public agency to perform the service. 24.2.2 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. 24.2.3 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. 24.2.4 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. 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. 25. PAYMENT METHOD Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: Purchase Order Number and description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk(a),collierclerk.com 25.1 Payments will be made for articles and/or 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 contract. 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 the agreement. 25.2 In instances where the successful Vendor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 25.3 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 26. ENVIRONMENTAL HEALTH AND SAFETY 26.1 All Vendors and Sub Vendors 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. Vendors and Sub Vendors 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. All firewall penetrations must be protected in order to meet Fire Codes. 26.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 26.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 26.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 27. LICENSES 27.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to DEEM VENDOR NON -RESPONSIVE. A Vendor, with an office within Collier County is also required to have an occupational license. 27.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 27.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 28. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 29. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 30. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime 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 be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 32. SECURITY AND BACKGROUND CHECKS 32.1 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. 32.2 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 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. 32.3 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. 32.4 Collier County Sheriffs Office requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a Vendor from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. 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, the current Collier County Ethics Ordinance 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, including but not limited to: submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 35. DEDUCTION FOR NON-PERFORMANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 37. FLORIDA WOOD PRODUCTS The Vendor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 38. STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, well- groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor 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. 39. PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 40. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document. 41. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 42. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 43. DIRECT MATERIAL PURCHASE 43.1 The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: 43.1.1 Required quantities of material 43.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 43.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 44. GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The Vendor agrees include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the solicitation, or you may BE DEEMED NON- RESPONSIVE. 45. EQUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. All County -purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 46. STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS (43-46 where applicable) The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid& Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 47. 62-761.300 APPLICABILITY 47.1 General Requirements: 47.1.1 Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 110 gallons that contain or contained: (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (2) Pollutants or hazardous substances after December 10, 1990; or (3) Regulated substances in unmaintained storage tank systems. 47.1.2 This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 48. 62-762.301, F.A.C. APPLICABILITY 48.1 General Requirements: 48.1.1 Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. 48.1.2 Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62- 762.401(l)-(2), F.A.C. 48.1.3 Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891, F.A.C. 49. POLLUTION PREVENTION The Vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 50. DEFINITIONS 62-761.200(11) and 62-762.201(16), F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62-761.200(51) and 62-762.201(65), F.A.C.: "Product' as defined in Section 377.19(l 1), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/proposal. DAN I ELA GDigitally by DANIE ASigned G COL MAN COLEMAN Date: ° 0:3931 0400� COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced herein) constitutes the entire Agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No changes or additional terms may be added to the Purchase Order except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, hyper - link, invoice, or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval, and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instructions at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non- conforming or otherwise rejected by the COUNTY. 4. Shipping a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. The risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that the risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remains with VENDOR. The VENDOR shall be responsible for filing, processing, and collecting all damage claims with the shipping carrier and/or its insurance carrier. b) No charges will be paid by the COUNTY for packing, crating, or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in the Purchase Order, no invoices shall be issued, or payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to Page 1 of 7 G/ Operations/Document Approved by Attorney Reviewed 08/10/23; 12/18/13; 5/5/10 COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS show this Purchase Order number. The container and Purchase Order numbers must be indicated on the bill of lading. Packing slips must show the Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each carload of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 5. Payment Terms Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Procurement Ordinance, as amended. All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order and be sent to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Trail, East, Ste 700 Naples FL 34112-5749 OR email to: bccapclerk(cD-collierclerk.com Discounts for prompt payment will be computed from the date of receipt of goods or from the date of receipt of invoices, whichever is later. 6. Time is of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that the undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 7. Changes The COUNTY may, at any time and by written notice, make changes to drawings and specifications, shipping instructions, quantities, and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Page 2 of 7 G/ Operations/Document Approved by Attorney Reviewed 08/10/23; 12/18/13; 5/5/10 COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS 8. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples, or other descriptions furnished or specified by the COUNTY, 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. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 9. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 10. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Procurement Services Division. 11. Indemnification To the maximum extent permitted by Florida law, the VENDOR 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 VENDOR, 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 VENDOR or anyone employed or utilized by the VENDOR in the performance of this 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. 11.1 The duty to defend under this Section 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the VENDOR, 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 VENDOR. VENDOR'S obligation to indemnify and defend under this Section 11 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. Page 3 of 7 G/ Operations/Document Approved by Attorney Reviewed 08/10/23; 12/18/13; 5/5/10 COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS 12. Warranty of Non -Infringement a) VENDOR represents and warrants that all goods sold, or services performed under this Purchase Order are a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright, or trade secret; and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs, and expenses, including but not limited to attorneys' fees, that arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in Section 12 (a). c) If any claim which arises from VENDOR'S breach of Section 12 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality, or additional cost to the COUNTY). 13. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 14. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of 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, as well as the public employment eligibility requirements set forth in Florida Statutes, § 448.095, as amended. The Vendor is required to register with and use the E-Verify system. The Vendor affirms it is not in violation of the provisions stated in Florida Statutes, § § 287.138, which would make it ineligible to transact business with a public agency, as well as Florida Statutes, § 287.128, which prohibits public bodies from contracting with entities owned by certain foreign countries of concern, Florida Statutes, §287.135, which prohibits agencies from contracting with companies for goods or services that are "Scrutinized Companies," as defined therein . Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement, immediately. Any breach of this provision may be regarded by the COUNTY Page 4 of 7 G/ Operations/Document Approved by Attorney Reviewed 08/10/23; 12/18/13; 5/5/10 COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS as a material and substantial breach of the contract arising from this Purchase Order. 15. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to, war, strikes, civil disturbances, and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 17. Taxes The County is exempt from paying any State and local sales taxes when payment is made directly by the COUNTY, for goods and services procured subject to this Purchase Order, and for use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 18. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 19. Termination This Purchase Order may be terminated at any time by the COUNTY for convenience, in whole or in part, upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. Unless directed otherwise in the notice of termination, the Vendor shall incur no further obligations in connection with the Purchase Order upon receipt of a written notice to terminate. 20. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida, or where proper subject matter exists in the United States District Court for the Middle District of Florida. b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the Page 5 of 7 G/ Operations/Document Approved by Attorney Reviewed 08/10/23; 12/18/13; 5/5/10 COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS COUNTY on any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, via e-mail, or by personal delivery, and will be deemed effective upon receipt. Postage, delivery, and other charges shall be paid by the sender. A party may change its address for notices by written notice complying with the requirements of this section. d) The VENDOR agrees that if expressly agreed upon by the parties, reimbursement of any travel expenses that may be associated with this Purchase Order shall be in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees, and authorized persons. e) VENDORS are hereby notified of the provisions of §287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider or give preference based on a Vendor's social, political, or ideological interests. f) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. g) Public Records: IF THE CONTRACTOR (VENDOR) 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 & Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReguestCcD_colliercountyfl.qov The CONTRACTOR/VENDOR 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 Page 6 of 7 G/ Operations/Document Approved by Attorney Reviewed 08/10/23; 12/18/13; 5/5/10 COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTORNENDOR 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. 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. h) 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 contract. 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. i) The Clerk of the Circuit Court and Comptroller of Collier County, Florida, is authorized to review past, present, and proposed County contracts, transactions, accounts, and records. The Clerk's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. END Digitally signed by DAN I ELA G DANIELA G COLEMAN C O L E M A N Date: 2023.10.30 10:39:51-04'00' Page 7 of 7 G/ Operations/Document Approved by Attorney Reviewed 08/10/23; 12/18/13; 5/5/10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Southern Signal & Lighting Inc Date 10-16-2023 Authorized Signature Digitally signed by DANIELA G DANIELA G COLEMAN COLEMAN Date: 2023.10.30 10:41:35-04'00' EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Southern Signal & Lighting, Inc By: DANIELA G Digitally signed byDANIELAG COLEMAN COLEMAN Date: 2023.10.30 10:41:55-04'00' Signature Daniela G Coleman, Executive Secretary Name and Title 16909 US Highway 19 Street Address Hudson, FL 34667 City, State, Zip FCBYEDALQ323 UEI Unique Entity Identifier (for SAM.gov verification) October 16, 2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COU NTY ANTIC.IIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. unverifable statuses will require the PR ME to either proi-ade a reoised statement or provide source do[urnentation ttiat validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE D NUMBER CONTRACT DOLLAR AMOUNT Southern Signal & Lighting Inc 20-2031549 ST-IE}},-,'_-.,y}:_-.{_RTIHEDDISACI'ANTAGED, =-E:�LN IJ 5THEACTIVITYOFTHIS CONrRACT.- MINORiTYORY:Or.'ENBUSINESSENTERPRISE? DBE- J CONSTRUCTION? Y N ;DBE/PABEJWBE) OR HAVE ASMALL DISADVAhTAGED — — BUSINESSSA€ERTIFICATION FROM THE SMALLBUSINESS MOE? N CONSULTATION? Y N ADMINISfRATIONT A5ERVICEDISABLED VETERAN WBE? Y N OTHER? Y N 51)B RA? 'i N IS THIS SUBMISSION A REVISION? 'i N I F YES, RE VISION NUMBER D. IF PR1ME HAS SUBCONTRAUOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE WWBE 5UEKONTRACTORORSUPPLIER TYPE OFWORK OR ETH N IC ITY CO DE SUBJ5LIPPLIER PERCENT OFCONTR4CT VETERAN NAME SPEC :;LTY ;Sae Be owl DOLLAR AMOUNT DOLLARS WBE Rainbow Distributors USA materials 5 % TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDORJCONTRACTOR NAME OF 5UBMITTER CATT THLE OF SUB MITT ER Daniela G Coleman October 16, 2023 Executive Secretary EMAIL ADDRESS OF PRIME [5USMnTERi T°_==FCNE `,UVBE; F:AK NUMBER southernsignalandlighting@gmail.com 727-819-2061 727-857-4097 NOTE: -his information is used to track and report anticipated DBE or MBE participation in federally-furmbed contracts- The anticipated DBE or MBE amount is vDl untary and will not become part of the ccotra€tual terms. This form must be submitted at time of response to a sol icitation- If and when awarded a County contras, the prime will be asked to update the information for the grant cornpliar¢e files. D. SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME :DWERODNTRA€T# IFivRFParPOJRE GRANT PROGRAMfOONTR.ACT ACCEPTED Br DATE E7EMO7K I®E BladcArrrer¢an BA ckmeri[an HA NativeAmsri[an NA, Sub[ont.Asiankmerican SAA AsiarMadricMreri[an APA Nan -Minority Women NIA* Otfier: not of any other group listed Cl EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Southern Signal & Lighitng, Inc Contractor (Firm Name) Digitally signed by DANIELA G DANIELA G COLEMAN COLEMAN Date: 2023.10.30 10:42:10-04'00' Signature of Contractor's Authorized Official Daniela G Coleman, Executive Secretary Name and Title of Contractor's Authorized Official October 16, 2023 Date EXHIBIT I - 11 cots Count Procurement Sewk;2s Division Date: September 22, 2023 Email: Barbara.Lance@colliercountyfl.gov Telephone: (239) 252-8998 Addendum # 1 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # 23-8163 — Installation and Maintenance of Traffic Signals and Roadway Lighting The following clarifications are issued as an addendum: CHANGE: The Invitation to Bid ITB_Bid Instructions Form has been updated with revised E-Verify language: lwy t.,tie —to Bid 1TB instFuetions Fes f , a4 02282 rhas been replaced with Invitation to Bid ITB Instructions Form 07262022.pdf If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. DANIELA G Digitally signed by DANIELA G COLEMAN CO L E M A N Date: 2023.10.30 10:42:26-04'00' (Signature) Southern Signal & Lighting Inc (Name of Firm) Date cots Count Procurement Sewk es Division Date: October 17, 2023 Email: Barbara.Lance@colliercountyfl.gov Telephone: (239) 252-8998 Addendum # 2 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation # 23-8163 — Installation and Maintenance of Traffic Signals and Roadway Lighting The following clarifications are issued as an addendum: CHANGE: The Question/Answer Due Date has been extended from Oet bee- 10, 2023 at 5:00 p to: October 24, 2023 at 5:00 pm. The Bid Due Date has been extended from to: October 31, 2023 at 3:00 pm. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. Digitally signed by DANIELA G DANIELA G COLEMAN COLEMAN _ natp.gn?i in m 1 n•47•4s _na,nn, (Signature) Southern Signal & Lighting Inc (Name of Firm) Date RISK MANAGEMENT DEPARTMENT OCCUPATIONAL SAFETY PROGRAM f COeY County SUBJECT: Maintenance of Traffic REFERENCE: CMA 5807, Countywide JSA # 9 EFFECTIVE DATE: March 13, 2000 REVISION DATE: December 1, 2010 PURPOSE: The purpose of this instruction is to assure that all work being performed in County rights -of -way is performed following both The Manual On Traffic Control Devices (MUTCD) Standards (Current Edition) and/or Florida Department of Transportation (FDOT) standards (Current Edition), thus assuring a safe environment for workers, vehicular traffic and pedestrians on all County roadways, streets, bike paths and sidewalks. SCOPE: This policy shall apply to all work performed in Collier County rights -of -way, including that performed by contractors working for the County, contractors working for developers, utility companies (including work performed by their personnel or sub -contractors) and all county work forces within each department of each division. Both departmental requirements (internal) as well as contractor (external) requirements are outlined in this policy. CONCEPT: This instruction references the MUTCD Section VI and the 600 Series of the Florida Department of Transportation Design Standards. It shall be the sole responsibility of each contractor or department to be familiar with and understand the MUTCD and FDOT Design Standards, including any and all changes, updates or revisions made to these instructions. GENERAL DEFINITIONS: Qualified Work Zone Employee — Means any employee, who by acceptable qualification, has obtained the knowledge, competency, has the experience and holds responsibility for developing and/or ensuring the proper setup of the Maintenance of Traffic Plan or Joint Maintenance of Traffic Plan. Collier County Work Zone Safety Inspector — Shall mean any Collier County employee, who by way of training, qualification and knowledge of traffic safety, has been designated by Collier County's Risk Management Department as a "Work Zone Safety Inspector." Contractor — For all purposes associated with this policy, the term "contractor" shall refer to any and all contractors and/or their respective sub -contractors, working for Collier County, contractors working for developers, utility companies and any and all sub -contractors working for any of the above mentioned parties. Immediately Available — Shall mean that the work zone certified person must be available to a work zone inspector within 20 minutes of initial contact. Lane Closure — For all purposes associated with this policy, the term "closure" or "closures" shall refer to any closing of a Collier County roadway, street, sidewalk, median or bike path. Maintenance of Traffic Plan (MOT Plan) — Shall mean a form used to describe, in detail, the exact location, date, and setup criteria needed and used in conjunction with any "work zone" deemed necessary within a Collier County Right -of -Way. Right-of-Way(s) — Shall mean any Collier County roadway, median, bike path, sidewalk and/or any distances from the edge of these surfaces as established by Collier County. "Shall" or "Must" —These terms, when used, are defined as meaning mandatory. Traffic Control Zone (TCZ) —For all purposes associated with this policy, the term "traffic control zone" or "work zone" shall refer to the entire area from Advanced warning location to the Termination area, where any operations are being performed on any Collier County roadway, street, median, bike path, sidewalk and within the width of any right-of-way associated with such roadways or streets, regardless of distance from roadway. INSPECTION DEFINITIONS: Additional Protection Needed —The existence of any condition or practice which could potentially cause death or serious physical harm that was not visible on the JMOT and/or MOT written plan. This requires work to be stopped, if necessary, in order to make the necessary changes to the work zone. Minor/Non-Serious —The existence of any condition or practice which has the potential to create traffic flow problems, minor visibility issues, etc., but is not serious enough to warrant a stop work condition. Stop Work -Imminent Danger —The existence of any condition or practice which could reasonably be expected to cause death or serious physical harm before such condition or practice can be corrected. Work shall be completely stopped until all corrective measures have been applied. Stop Work -Noncompliance — A violation described in a notice has not been totally corrected within the noted abatement time, and the abatement time should not be extended. Work shall be completely stopped until all necessary corrections have been made. All other related definitions may be found in Part VI of the MUTCD and/or the 600 series of the FDOT Design Standards. A. General Safety Requirements (Internal and External): 1. In addition to the safety requirements provided within this policy, each contractor shall have sole responsibility to follow all applicable OSHA construction regulations. These regulations can be found in OSHA 29 CFR 1926. These regulations shall not be provided by Collier County and knowledge and understanding of these regulations are the responsibility of the contractor. EX.OSHA 29 CFR 1926.651, Subpart "P" Specific Excavation Requirements — outlines the minimum procedures required for performing trenching and excavation work in a safe manner. 2. Violations of OSHA regulations shall be documented and enforced in the same manner as violations of this policy. Failure to comply with any OSHA requirement may result in the same disciplinary action taken for a violation of this policy. 3. High -visibility clothing or vests with retro-reflectorized striping must be worn at all times by all employees working within Collier County Rights -of -Way (see exception in #5 below). This includes personnel that may visit the "work zone" temporarily, such as management and/or vendors. ANSI/SEA 107-2004 or the most current edition, Class 2 or Class 3 garments are required for daytime and night-time use. 4. A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness, including during inclement weather situations where conditions may create hours of darkness during normal daylight conditions. 5. Exception: When other industry apparel safety standards require workers to wear apparel that is inconsistent with Federal, State or County requirements such as NFPA, OSHA, ANSI, etc., the other standards may prevail. However, apparel must still meet high visibility color requirements of fluorescent lime -green or fluorescent red -orange only and must be maintained in good condition and replaced as necessary. EX. Utility workers exposed to high voltage electricity may choose not to wear vests or clothing with retro-reflective striping as long as the color requirements listed above are met. B. Contractor Requirements (External): 1. Each contractor shall maintain at least one employee on -staff that has obtained a Work Zone Traffic Control Safety Qualification from the University of Florida, The Southwest Florida Safety Council, The International Municipal Signal Association (IMSA) or an approved, equivalent qualification from the American Traffic Safety Services Association (ATSSA), the Florida Department of Transportation (FDOT) or any other agency, group or consulting firm that provides FDOT approved certifications in this area. 2. Effective November 6, 2001 each contractor shall obtain one of the above mentioned qualifications within sixty (60) days upon submission of a bid or prior to the start of any work activity and/or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown until qualification is obtained. 3. Each contractor shall maintain copies of employee qualifications on site at all times. Contractors who cannot show immediate proof of certification may be shut down until certification is obtained/presented. 4. Where right-of-way connection or work permits are required, the contractor shall submit a Maintenance of Traffic (MOT) plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The MOT plan must be signed by the contractor's qualified "work zone" employee or developing agency and submitted to all applicable departments. 5. Specific permitting requirements shall be obtained from Collier County's Growth Management Division, Transportation Engineering and Construction Management Department, Collier County's Transportation Operations Section, Permit Section, or other applicable departments, as necessary. This must be done before any work begins. 3 6. In the event the MOT plan changes during the project, documentation of the changes) shall be made by the contractor's qualified Work Zone employee and noted on the worksite MOT plan. The contractor is not required to forward the changes to the MOT plan to applicable Collier County departments or their representatives, unless directed to do so. However, the contractor will be required to show changes on the written MOT plan and resent them upon request. 7. The contractor must ensure that all their employees and sub -contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's qualified Work Zone Safety Inspector will not be immediately available (see definitions). 8. Emergency work that is being performed by a contractor may not require the contractor to submit a MOT plan. However, the contractor must comply with all requirements, as previously described. 9. All signs shown on the MOT shall comply with the current MUTCD — Part VI or the 600 Series of Florida Department of Transportation Design Standards. 10.All standards specified within the current MUTCD — Part VI and/or FDOT Design Standards, 600 series shall be strictly followed and enforced at all times. 11. Every attempt shall be made to avoid lane/road closures: Where it is not possible to completely avoid these closures, the following procedures shall be followed: a. The contractor shall notify Collier County's TECM Department, Transportation Operations Section and/or the Growth Management Division's Community Liaison. Collier County will assist in the public notification of said lane/road closures; however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. b. No road/lane closures will be permitted between the hours of 7:00 — 9:00 a.m. and between 3:30 p.m. and 6230 p.m. Exceptions can be made at the discretion of the Growth Management Administrator or designee. Emergency closures do not fall under these requirements. If an emergency closure is necessary during the times listed above, notification to applicable Collier County's departments must be made as soon as possible (within 1 hour). c. The contractor must also notify Collier County's Bureau of Emergency Services Division and/or any of the below listed agencies when the lane/road closure may cut off a standard route used by Fire, EMS, Police or other emergency agencies. The contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. d. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible (within 1 hour) in the event of an emergency. Notification of project termination shall also be made to above mentioned parties as soon as the project is completed. e. Closures on two-lane two-way roads must be limited, where possible, to single lane closures with traffic controlled by approved traffic control devices, flaggers, temporary traffic lighting and/or other approved means of work zone traffic control as specified within the MUTCD (current edition) and/or the FDOT Design Standards (current edition).NJ An f. Lane closures on multi -lane roads should be limited to single lane closures, where possible. Where single lane closures are not feasible, contractors shall submit justification for the closure of multiple lanes. The Growth Management Administrator or his designee shall make final determination. However, where multiple lane closures create a greater hazard to pedestrians, bicyclists, vehicular traffic or others using existing sidewalks, bike paths or bike lanes, Collier County's Risk Management will have final authority over these closures and will shut down inadequate or dangerous set-ups. g. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. h. If the work cannot be performed without closing all traffic lanes for periods longer than five-minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and/or marked detours or other approved methods. i. The contractor shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plan must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signage and markings that will be used, and any other information deemed necessary according to State (FDOT Design Standards 600 Series) and/or Federal (MUTCD) regulations. j. The MOT Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures other than for an emergency, are authorized without the prior approval of the Growth Management Administrator or an appointed designee. k. If an immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Growth Management Administrator or designee, the Permits Manager or an appointed designee shall be made as soon as possible (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County's Risk Management Department, the Growth Management Division or any Collier County Work Zone Inspector, the contractor shall provide MOT Plans at any time during the project. In the event that the approved MOT plan is not available or not being followed, the contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and will be determined according to the hazards that are presented and their potential effect on public safety. C. Collier county Departmental Requirements (Internal): 1. Each department must develop an MOT Plan for any project involving work or activity that may affect traffic on any County or State Street, roadway, median, bike path or sidewalk, and obtain approval prior to the start of the project from their department's Work Zone Qualified Employee or Risk Management. 5 2. Should any changes to the MOT occur during any phase of the project, a revised MOT plan shall be immediately developed and initiated by the department's Qualified Work Zone Employee. 3. All signs shown on the MOT plan must comply with the current MUTCD — Part VI or the 600 series of the Florida Department of Transportation Design Standards. 4. All aspects of the MUTCD — Part VI or the 600 series of the Florida Department of Transportation Design Standards shall be strictly followed and enforced at all times. All signs and barricades requiring lights shall have them attached and in good working order at all times. 5. Every attempt must be made to avoid lane/road closures: Where it is not possible to completely avoid these closures, the following procedures shall be followed: a. The department involved shall notify Collier County's Community Liaison and/or the Sheriff's Dispatch. The Community Liaison or Dispatch will notify all necessary organizations. b. Lane closures shall be limited, if possible, to single lane closures. c. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. d. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minutes at a time, provisions must be made to maintain access to all developed properties. Access may be by properly signed and/or marked detours or other approved methods. e. The department's Qualified Work Zone Employee or other party shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signing and markings that will be used, and any other information deemed necessary according to State (FDOT Design Standards 600 Series) and/or Federal (MUTCD) regulations. f. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. 6. Every department that has a contractor working for their department must assign a Project Coordinator (usually the Project Manager). All Coordinators must be Work Zone Qualified or have MOT Plans approved by a Work Zone Qualified County employee. The Coordinator and/or the Work Zone Qualified County employee shall audit the contractor on a routine basis, documenting their audits to assure contractor compliance. D. Work Zone Inspections: (Internal and External): 1. Work Zone inspections will be conducted on a routine basis by "Collier County Work Zone Safety Inspectors." These inspections shall be documented on a Collier County Work Zone Violation Notice Form and placed in the respective external contractor's file. These files shall be maintained by Collier County's Risk Management Department. Inspectors shall issue a copy to the contractor, Risk Management, and maintain a copy in their personal files. 2. Inspections will be performed based on the individual inspector's judgment of existing or potential hazards associated with the "work zone" in question. All inspections shall be conducted according to the following criteria: a. Inspectors will locate the individual in charge of the project in question. Inspectors shall present proper identification (Collier County Work Zone Safety Inspector ID), review the MOT plan, inform the contractor(s) of the existing and/or potential hazards and ask for immediate correction. If equipment and tools are not available to immediately correct existing and/or potential hazards, the project must be shut down until corrections can be made. An exception can be made by the inspector where violations/hazards are not immediately dangerous to life, property, or the vehicular traffic navigating the area of concern. If project shutdown poses a greater threat to public safety, the inspector shall require the contractor to notify the Collier County Sheriff's Department and request traffic control assistance until the contractor provides corrective measurement. Where the Sheriff's Department cannot send a representative, the inspector may choose to contact one of the traffic control device vendors and request assistance by way of providing additional traffic control devices. The contractor shall be responsible for any expense associated with traffic control assistance that is provided by the Sheriff's Department or a traffic control device vendor. b. Situations where a language barrier exists or where "competent" supervision is not readily available shall mandate notification to the contractor's home office. Immediate (within 20 minutes) contractor representation will be requested at this time. The contractor's failure to provide immediate representation will result in project shutdown until representation is provided and deficiencies corrected. c. Inspectors may request that additional traffic control devices be added to the work zone based on the existing and/or potential hazards. Additional requests for traffic control shall only be made where situations exist that may be deemed too hazardous to be controlled using the minimum requirements as specified on the existing MOT plan or as stated in the current edition of the MUTCD and/or the 600 series of the FDOT Design Standards. d. The inspector shall remain on location until deficiencies are corrected or until the inspector feels that the work zone is safe. The inspector shall request a signature upon project shutdown or complete correction of the existing and/or potential hazards. Where the contractor refuses to provide a signature, the statement "Failure to sign" shall be placed in the contractor signature box. A copy of the inspection form must then be given to the contractor for their files. 3. Should a contractor/department feel the inspector has made requests that are not warranted and/or if it is felt that the alleged existing and/or potential hazards do not exist; the following requirements shall be met: a. The inspector shall immediately contact Collier County Risk Management Department and request a site visit. Should a member of Risk Management not be available, the contractor must make the minimum necessary corrections, as requested, until a meeting can take place. b. The objections, described in detail, will be noted on the inspection form and shall be submitted to Risk Management for review. However, if the objection to the inspector's request are an obvious attempt to stall the correction process and/or hazards are blatantly obvious to the inspector, the contractor must make all requested corrections and any objections will be noted on the inspection form. c. Should such objections occur, the contractor/department may request a formal meeting with Collier County's Risk Management Department to discuss and address any concerns. This meeting shall not allow exemption to the contractor/ department from any additional work zone safety issues that may have arisen during or after the objections in question. d. Objections to additional work zone safety issues that presented themselves at other locations and/or times shall be handled on an individual basis unless it is deemed necessary to handle all of the issues at the present time. e. Risk Management's decision for corrective action, based on the existing and/or potential work zone hazards, shall be final. 4. Contractor/department work zone files will be maintained in Collier County's Risk Management office. Contractors/departments with multiple (3 or more/month) "IDLH" inspections, resulting in project shutdown may be contacted by Risk Management and a mandatory review meeting may be scheduled. IDLH (Immediately Dangerous to Life and/or Health) Inspections are defined as those that require the immediate shutdown of a project, based on, but not limited to the following criteria: • No signage in place or improper, defective and/or misleading signage that could result in motorist or pedestrian confusion. • No traffic control devices in place, improper placement that cannot be easily corrected, defective and/or misleading devices that could result in motorist or pedestrian confusion. • Inadequate employee, equipment or public access protection. Review meetings will be conducted as follows: a. Review meetings will address the number of negative inspections, existing and/or potential hazards that existed during each inspection, if corrective actions were made in a timely manner, reasons for the continued lack of compliance and potential disciplinary action to be taken by Risk Management and/or County for future compliance failures. b. Review meetings will be conducted on an individual basis with the contractor or department in question and limited to representatives from Risk Management and the contractor or Collier County Department specified representatives. EOO 5. Inspection files shall be archived on an annual (calendar year) basis and each contractor/department will have a new inspection record started for each new year. However, past negative inspections may be used in cases where extreme hazards and/ or multiple negative inspections have existed and shall be referenced when disciplinary measures are needed. 6. It is the sole responsibility of each individual contractor/department to maintain work zone inspection files and remain aware of any negative inspections received. Should a contractor or department need additional copies of inspection reports, it shall be the contractor/department's responsibility to contact Collier County Risk Management and request the reports. Lack of knowledge of an inspection report does not exempt any contractor or department from any potential disciplinary action; therefore, all contracted employees should be advised to submit any inspection reports received to the appropriate individual(s). DANIELAG COLEMAN Digitally signed by DANIELA G COLEMAN Date: 2023.10.30 10:43:01 -04'00' 0 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:Hgpps.fldfs.com/bocexempt/ 2. ® Employer's Liability $_1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance 8. ❑ Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "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 Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 6/23/23 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. DAN I ELA G GICgitally OLEMAN signed by DANIELA CO L E M A N 04'00' 023.10.30 10:43:18 2023 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P04000169548 Entity Name: SOUTHERN SIGNAL & LIGHTING, INC. Current Principal Place of Business: 16909 US HIGHWAY19 HUDSON, FL 34667 Current Mailing Address: 16909 US HIGHWAY19 HUDSON, FL 34667 US FEI Number: 20-2031549 Name and Address of Current Registered Agent: COLEMAN, JAMES T 13541 GARRIS DRIVE HUDSON, FL 34667 US FILED Apr 11, 2023 Secretary of State 7876592386CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title PRESIDENT Name COLEMAN, JAMES T Address 13541 GARRIS DRIVE City -State -Zip: HUDSON FL 34667 Title VP Name PORTO,FERNANDO Address 3280 CEDAR BAY DR. City -State -Zip: MELBOURNE FL 32934 Title TREASURER Name COLEMAN, DANIELA G Address 13541 GARRIS DRIVE City -State -Zip: HUDSON FL 34667 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that 1 am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DANIELA G COLEMAN TREASURER 04/11/2023 Electronic Signature of Signing Officer/Director Detail Date October 30, 2023 To whom it may concern, The following individuals have all applied for their FDOT Advanced TTC certification: 1) James Coleman 2) David Rodriguez 3) Andrew Hall Their certificates are presently being processed and will be issued immediately upon completion. Please feel free to contact me directly if there's anything I can do to assist. Kenneth W. Baldwin 2nd V.P. IMSA Florida and Caribbean Section (786) 439-7314 0� 0 0 Ron DeSantis, Governor Melanie S. Griffin, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES PORTO, FERN_A_NDO JOSE rSOUTHERN SIGNAL& LIGHTING INCH �-. PO BOX 5142 * HUDSONj;AM FL 34674 LICENSE NUMBE'C6C06656 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis, Governor Melanie S. Griffin, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS' LICENSING BOARD THE ELECTRICAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES Additional Business Qualification �COYNE, JEFFREY BECK SOUTHERN SIGNAL & LIGHTING, INC. 16909 U.S. HIGHWAY 19 HUDSON� FL 34667 LICE E N �ER: EC13008514 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 230539 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: www.colliertaxoollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2024 LOCATION: 1150 POWER ST #10 ZONED: INDUSTRIAL PL2015-2247 BUSINESS PHONE: 239-331-8438 STATE OR COUNTY LIC #: EC13008514 A�s COO 1-10 EMPLOYEES r CLASSIFICATION: 05-ELECTRICAL CONTRACTOR CLASSIFICATION CODE: 05100601 This document is a business tax only. This is not certification that licensee is qualified. It does not permit the licensee to violate any existing regulatory zoning laws of the State, county, or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS SOUTHERN SIGNAL & LIGHTING, INC COYNE, JEFFREY BECK 16909 US HIGHWAY 19 HUDSON, FL 34667 -THIS TAX IS NON -REFUNDABLE - DATE 09/18/2023 AMOUNT 18.00 RECEIPT WWW-24-00145339 ��(r �fl7't�FiG�bVl�l'4P/L COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 081261 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2024 LOCATION: 1150 POWER ST #10 ZONED: INDUSTRIAL BUSINESS PHONE: 239-331-8438 STATE OR COUNTY LIC #: CGC062656 1-10 EMPLOYEES CLASSIFICATION: 05-GENERAL CONTRACTOR CLASSIFICATION CODE: 05100101 This document is a business tax only. This is not certification that licr It does not permit the licensee to violate any existing regulatory zonii nor does it exempt the licensee from any other taxes or permits that may be required by law. Corpor V t FORM ition DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS SOUTHERN SIGNAL & LIGHTING, INC PORTO, FERNANDO JOSE SR 16909 US HIGHWAY 19 HUDSON, FL 34667 THIS TAX IS NON -REFUNDABLE - DATE 09/18/2023 AMOUNT 18.00 RECEIPT WWW-24-00145339 1�Ob ��yLPi��vtrYLP/L I James T. Coleman is hereby certified as a Roadway Lighting Technician Level by completing all requirements and examiniation for certification on 9/20/2018 Valid thru 9/20/2021 Certification #RR 19552 �& da- —(K- Donald A. Fullerton - Interim Executive Director Rigoberto Du ron is hereby certified as a Traffic Signal Technician Level 1 by completing all requirements and examination for certification on 1 /23/2020 Valid thru 1 /23/2023 Certification #AA 115708 Toby ciAmings, CAE - Executive birector r ° Q TY Andrew J. Hall is hereby certified as a Traffic Signal Field Technician Level II by completing all requirements and examination for certification on 1 /23/2020 Valid thru 1/23/2023 Certification #BE 115709 Toby C mmings, CAE - Executive (rector David K. Rodriguez is hereby certified as a Traffic Signal Field Technician Level II by completing all requirements and examination for certification on 1 /23/2020 Valid thru 1/23/2023 Certification #BE 104230 Toby C mmings, CAE - Executive 6rector James T. Coleman is hereby certified as a Traffic Signal Senior Field Tech Level III by completing all requirements and examination for certification on 1 /23/2020 Valid thru 1 /23/2023 Certification #CE 19552 �G Toby C mmings, CAE - Executive 6irector Certificate of Completion Andrew J. Hall Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. 10/13/2023 Date Expires Certificate of Completion Kenneth W. Baldwin FDOT Provider # Instructor Safety 1 st Priority 750 NE 199th St. #H2O1 Miami, FL 33179 kabco7@yahoo.com 57209 Certificate # Fir For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com Certificate of Completion David K. Rodgriguez Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. 10/13/2023 Date Expires Kenneth W. Baldwin FDOT Provider # Instructor Certificate # Safety 1 st Priority Certificate of Completion 750 NE 199th St. #H2O1 Miami, FL 33179 FD OT kabco7@yahoo.com For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com Certificate of Completion James T. Coleman Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. 10/13/2023 Date Expires Certificate of Completion Kenneth W. Baldwin FDOT Provider # Instructor Safety 1 st Priority 750 NE 199th St. #H201 Miami, FL 33179 kabco7@yahoo.com 57210 Certificate # Fir For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com Certificate of Completion Rigoberto A. Duron Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. 10/13/2023 Date Expires Kenneth W. Baldwin 57215 FDOT Provider # Instructor Certificate # Safety 1st Priority Certificate of Completion 750 NE 199th St. #H2O1 Miami, FL 33179 FDOT kabco7@yahoo.com For more information about Temporary Traffic Control (TTC) or to verify this certificate www.motadmin.com 0-5081,11; - erg E�E�, fU� IIIIIII a y... ... Company ID Number: 368533 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Southern Signal & Lighting Inc (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 05081,11; - erg E� fU � IIIIIII a y... ... Company ID Number: 368533 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non -citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 0-5081 lP SECtr - erg ...�,fU� z � IIIIIII a ... ... Company ID Number: 368533 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 05081,11; - erg E� fU � IIIIIII a ... ... Company ID Number: 368533 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer Page 4 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 05081,11; - erg E� fU � IIIIIII a ... ... Company ID Number: 368533 uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Page 5 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 05081,11; - erg E� fU � IIIIIII a y... ... Company ID Number: 368533 Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify M-5081,11; - erg E�E�, fU� IIIIIII a y... ... Company ID Number: 368533 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Page 7 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify M-5081 lP SECtr - erg ...�, fU� z � IIIIIII a ... ... Company ID Number: 368533 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form I-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form I-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Page 8 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 05081,11; - erg E� fU � IIIIIII a y... ... Company ID Number: 368533 determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form I-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 0-5081,11; - erg E�E�, fU� IIIIIII a ... ... Company ID Number: 368533 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify M-5081,11; - erg E�E�, fU� IIIIIII a ... ... Company ID Number: 368533 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify E-Verifv. Company ID Number: 368533 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Southern Signal & Lighting Inc .ela Coleman (Please Type or Print) 0/29/2010 re apartment of Homeland Security — Verification Division SCIS Verification Division ime (Please Type or Print) Title ectronically Signed 10/29/2010 gnature jDate Information Required for the E-Verify Program nformation relatina to vour Companv: Companv Name:lSouthern Signal & Lighting Inc Company Facility Address:13541 Garris Dr Hudson, FL 34667 Company Alternate Address: P.O. Box 5142 Hudson, FL 34674 or Parish: Employer Identification Number: 120203154 Page 12 of 13 1 E-Verify MOU for Employer 1 Revision Date 09/01/09 www.dhs.gov/E-Verify 1 E��x ,c�.�IIIIII,�o2 e E.�,=..E a........ y Company ID Number: 368533 North American Industry Classification Systems Code: Administrator: Number of Employees: 5 to 9 Number of Sites Verified for: 2 rn Signal & Lighting Inc ,e you verifying for more than 1 site? If yes, please provide the number of sites verified for each State: • FLORIDA 2 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Daniela G Coleman Telephone Number: (727) 819 - 2061 Fax Number: (727) 857 - 4097 E-mail Address: dgcoleman@tampabay.rr.com Name: Jessica Martin Telephone Number: (239) 331 - 8438 Fax Number: (239) 331 - 8439 E-mail Address: southernsignal@hotmail.com Jessica Martin is no longer with the company Page 13 of 13 1 E-Verify MOU for Employer i Revision Date 09/01/09 www.dhs.gov/E-Verify Form W-9 Request for Taxpayer Give form to the (Rev. November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name (as shown on your income tax return) Southern Signal & Lighting Inc a Business name, if different from above c 0 Vl d Q o Individual/ ❑ ❑'� Corporation ❑ Partnership ❑ Other ► Exempt from backup ❑ 0 3 Check appropriate box: Sole proprietor .................. withholding o H Address (number, street, and apt. or suite no.) Requester's name and address (optional) a 16909 US Highway 19 Collier County Procurement Services City, state, and ZIP code a Hudson, FL 34667 0 List account number(s) here (optional) U) FUM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 2 1 0+ 2 10 1 3 1 1 15 14 9 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Digitally signed byDANIELAG Sign Signature of COLEMAN Here U.S. person ► DANIELA G COLEMAN Date: 203.10.3010:43:35-04'00' Date ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, are: Cat. No. 10231 X Form W-9 (Rev. 11-2005) FIXED TERM SERVICE MULTI=CONTRACTOR AWARD AGREEMENT # 23-8163 for Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT, made and entered into on this day of 2024 , 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 ❑ upei+4heAate-ef-Rea e l; or ❑■ on May 14, 2024 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 cor Agreement under all of the terms and conditions two ( 2 ) additional one (1 ) year(s) Contractor written notice of the County's intention to the end of the Agreement term then in effect. sent of the Contractor, renew the contained in this Agreement for periods. The County shall give the renew the Agreement term prior to 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 ❑ Rdet+ee'te-Rreseed. 3. STATEMENT OF WORK, The Contractor shall provide services in accordance with the terms and conditions of ❑ �e�ee�#er-P-repeeal-(F�F-!�} � Invitation to Bid (ITB) ❑ g#h-- k----I # 23-8163 including all Attachment(s), Exhibits) 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 [2023_ver.2] CAO 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 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ❑ mi�m"r—reed n ❑ Q# er l Lx-hibit/Aftaeh-me4 -e a -e e.• 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): -NONE WAN 10 Tr r C C C- Wo NA e log &�Xlq—C.- C. 0 i" Y+!i�E9G C C■ � 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 Terns Service Multi -Contractor Agreement [2023_ver.2 '� 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. •0. kriaC -e -� a e: �'.eir-�bur�e�er+ts-si�afl�be-a# tf�e-ff�lfewing-rate SIZUBINUMAN 1 • � wal• 11 . . . to - 0MIIRIIMr r 0 Maw MENAr Cp 'IT rr Caw awa 1 r=W= I CAM02 OWN= a • LeI acm 9 IN 19r INVI 0 0 .Y' rQ" Q c a c-o cc ro _a- IVKVr- cM "14 maw 0 0 M 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 # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi-Conhactor Agreement 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: Attention Name & Title: Telephone: E=Mail(s): Michael Martinez, President (305) 819-4060 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- Traffic Operations Address: 2885 South Horseshoe Drive Naples, Florida 34104 Administrative Agent/PM: Leandro A. Goicoechea, Principal Project Manager Telephone: (239) 252-5178 E-Mail(s): Leandro.Goicoechea@collercountyfl.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 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. 0 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. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. FE 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 r- D- ❑ Rr fessiem�I-Na�ili#�r--SfaaN-be-ma+t�tair}ed-dy-tl�e-G�et�ttraetcar-te-en �e-i# -4eg�{ liafb+fi y-der-Eli rie+ng-ea#-of-tie-perferrn.1 ee-of-prefesaian'al-ser-v'ie-es--L4nder--this Agree+-ent. CE)ntr aster waivea-its44ght#of4eGover'yy-againef-Count"64o-a-n-y-elalms--ander- ##ig'ins r-ans� ch��.fl ieve4tmit-s-ef-net-less-4h n4-_eacah elai►ea a+ d-aggrega#s- ❑ !E WWi 1=iabil+ e WIICIW�'ve-rlatni aer-c CUM17 �- ❑ '---'- :-Coverage aMfkMve-pain rnufl+4m0t-,s-ef Oeverage Now in MMM!� EN 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 [2023 ver.2] '� 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. the County by the Transportation Er This Agreement shall be administered on behalf of ineerina Division -Traffic Operations Section 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), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R-F-R/ ❑M ITB/❑ Git�h #23-8163 including Exhibits, Attachments and Addenda/Addendum, ❑ eubseq-ue-Rt quetes, and F Other Exhibit/Attachment: Federal Contract Provisions and Assurances 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 Tert�l Service Multi -Contractor Agreeiuent [2023_ver.2] 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, as well as the requirements set forth in Florida Statutes, §448.095; 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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD 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: PublicRecordReg uest(cbcoIIiercountyfl.gov 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 Page 8 of 17 Fixed Term Service Multi-Conh•actor Agreement Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 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 Countyafter 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- upthe subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. I 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 Page 9 of 17 Fixed Term Service Multi -Contractor Agreement [2023 ver.2,] 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. 25, � 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. ❑� 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 Page 10 of 17 Fixed Terns Service Multi -Contractor Agreement [2023_ver.2] 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. 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. Page 11 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2] 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. ❑ l�E�-FEE-�NIE-L Tk�e-Esractor-'e-peennet-and-reagerr�er�#-#o-be-utilised-fcr this-pr-eject l&ha -be-leedgeable-4rn4he,, eT ise. T,",e-Gei4nfy-serve-s the r-igM4"eFfer;-a oc�t-Ig�a#ien-& �- aj-b&Aeemed-neeerrsae%f +-ce^-e,r&Uie flat e6rlpatent per-son&w+It-be-atA4ed4r-v4h"erfer-maeee- f the-AgFeemant:-The-Gontr-aeter shall -assign ae-r�a�-y-people-any.=�.r�-te-cer�a�lete-tire-sew+earl•-en-a-Tir-e�l� baJie�nd-cac-k�-per-ser-r aes+gned-shall-be-av-ailab le-#or--ar eent-e4flie-adequate4e-meet4he4equired verviee dates=etef=G W et�ehange-f<ey4aeFsen-nel-un-lese4he4olleAvving-eenditierr.,-ere met- apesed-feplaeenien#shave-aebetant4ty-4h e-same-er-better-q ual ifiea-ions a+ deer-e- per-ienee-(2)4hat4he-�eumy-ie-neti#ied4n-AvNt+ng-a6-far-in-adva-nGe-as-psP,sible T-he--Gentr-act�er.&hail4i alswe�=,Gemmerc4aI eenable-e#fe -te notify-Collier-Gei+nt-yjNithin seven-1,7\--da�rs-ef-the-ehaage T-lae-Leant Fetair�s-final-approval caf pFopesed-replaeeer�t per-sennel- 0 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. ❑ 9I�G€-P�91~I�-PSI=G�l3E1�:�o-E:--In-t"^ ^„^�+ �f ^been#lic-�betweer�-er--anaer�g-ttae-to-rye ef-awy-ef-the-GoRtra-&t-0eeu-ments, ther ss4R eposal and,�or-tt�e-Geu�#y° Boar-d-ap•pr�ved-E esutive-�Surnrr�ary -the-Gentr et-Besu ►ants-seatf t %F preeeder-ree- 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County'0 Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 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 Page 12 of 17 Fred Term Service Multi -Contractor Agreement [2023_ver.2] 3I assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 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 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 vI a e-mail (DL-FMOPS(c colliercountyfl.gov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. ❑■ 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 Page 13 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2� .y-11 shall only be made by Collier Countys Risk Management Division Safety Manager and/or Safety Engineer. 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: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's MAt Witness s name Contr cto 's Secoond Witnelss L(S r 1c0�U TType/print witness nameT Approv 1Ts tq rm and Legality: id ' Co ty�Atti rne�u� Print Wine T BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall Horsepower Electric Inc. Contractor Chairman M � (.1+AE.L M � 2,-, NEZ ret S � ►� nf; TType/print signature and title I Page 14 of 17 Filed Tcrm Service i\Qulti-Contractor r�greetnenl, tzoz3_�er.z�- Exhibit A Scope of Services ❑■ following this page (pages through 5 ) ❑ this exhibit is not applicable Page I5 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.2]„ G6 Invitation to Bid (ITB) 234163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" EXHIBIT A SCOPE OF SERVICES This agreement is awarded on a Primary/Secondary basis as follows: Primary Contractor: Southern Signal &Lighting, Inc. Secondary Contractor: Horsepower Electric Inc. Should the Primary Contractor not be able to provide the services within the time period, the Division reserves its rights to move to the Secondary, as necessary. The County further reserves the right to seek services outside of this Agreement if the Primary or Secondary Contractor are unable to perform. The terms "Contract" and "Agreement" may be used interchangeably throughout this Agreement. Corrtractor(s) is expected to assist the Collier County Transportation Engineering Division Traffic Operations Section in performing routine and urgent traffic signal and roadway lighting maintenance and repair work in all areas of Collier County. Routine and urgent traffic signal and roadway lighting maintenance and repair work is to Ue directed Uy Collier County Traffic Operations Section on a furnish and install or install only compensation basis in accordance with the following: • Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition • Florida Department of Transportation Design Standards, Latest Edition • Collier County Traffic Operations Traffic Signal & Roadway Lighting Technical Special Provisions, Latest Edition • Collier County CMA# 5807 Maintenance of Traffic (MOT) requirements (attached) • Traffic Control Signal Devices, Latest Edition • Federal Highway Administration's Manual on Uniform Traffic Control Devices, Latest Edition • Collier County's Technical Special Provisions for Traffic Signal Installations, Latest Edition • Collier County's Roadway Lighting Design Standards, Latest Edition FEMA funding may be used, in part, in support of the services obtained by the Contractor under this Agreement. PART 1, TRAFFIC SIGNAL AND ROADWAY LIGHTING SYSTEM MAINTENANCE AND REPAIR 1.1 Traffic Signal System Maintenance and Repair: a. Maintenance and repair work consists of providing all labor, material, equipment and MOT for routine signal maintenance, minor signal repairs, signal light unit replacement, signal wiring, installation of inductive loop detector with sealant per FDOT Section 660, signal system communications repairs, rebuilding electrical services, urgent repairs, etc. Collier County, at its discretion, may provide controller assemblies, signal indications/heads, or other signal components as deemed necessary. All work assigned shall be completed within fifteen (15) days from the date as notified by the County, unless otherwise agreed to by the parties in writing. Page 1 of 5 Exhibit A — Scope of Services r' , Invitation to Bid (ITB) 23-8163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" 1.2 Roadway Lighting System Maintenance and Repair: a. Maintenance and repair work will include trouble shooting lack of power at luminaires, repair of a specific load center circuit and components, and replacement of conduit and conductors between roadway lighting pole installations, replacement of light pole installations and or load centers knocked down by vehicle crashes or service reasons. This includes all labor, equipment, materials, MOT, vehicles, and components necessary to replace the roadway lighting installation on its existing foundation and/or load center installation. Additionally, the Contractor shall perform an initial callout visit to pick up the knocked down pole and parts and to make the location safe while awaiting a replacement installation. In the event the existing light pole foundation must be replaced, that work will be accomplished under a separate work assignment. Should the Light Pole and Ann be undamaged and reusable, a replacement Transformer Base, Luminaire, and associated components as needed shall be installed to return the installation to normal operating condition. Collier County, at its discretion, may provide roadway lighting components as deemed necessary. U. The County will remain responsible for everyday maintenance of all the Roadway Lighting. 1.3 In the event of an urgent matter, where a potential safety hazard may exist or where traffic is delayed or impeded; the County may deem the repair to be an urgent repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the County. Urgent work will be identified as such by the County staff member notifying the Contractor. An urgent response flat rate fee of $150.00 will be allowed in the event the County requires it regardless of normal or.afterhours. Urgent work shall be given either by e-mail transmission or verbally by telephone, with written documentation to follow within twenty-four (24) hours on business days. 1.4 All work .performed under this Agreement, issued for a specific maintenance/improvement work and/or location, will commence upon issuance of a work assignment and as directed by the Chief Engineer of Traffic Operations, or designee. 1.5 Hourly labor rates shall be inclusive of all overhead, insurance, profit, and travel costs. Labor and equipment rates and applicable markups shall be in accordance with Part 1 of Exhibit B Fee Schedule ("Fee Schedule"). 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. 1.6 Subcontractor/Material Mark - Up: • Use of Subcontractors: The Contractors) will be required to provide proof of the subcontractor services supplied by providing invoices at the time of invoice submission. Subcontractors shall be on a strictly cost plus 15%. Subcontractor rates shall not exceed Contractor rates. • The County reserves the right to furnish any or all materials and/or services should such action be in the County's best interest. In the event parts, materials, etc. are needed, markup for these items shall not exceed 10%. 1.7 Additional Iteins/Services; Pursuant to Section 31. of the Agreement 1.8 On occasion throughout the contract term, it may be necessary for the Contractor to store items such as traffic signal poles &arms, foundation bolts, roadway lighting poles, arms, precast foundations, and/or related ri•affic control structural components in the Contractor's material yard. This service will be a part of the annual contract award and no additional compensation will be made for the storage of any items. Page 2 of 5 `y r, Exhibit A —Scope of Services Invitation to Bid (ITB) 23-8163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" 2. MAINTENANCE PAINTING OF STEEL MAST ARM ASSEMBLIES AND STEEL STRAIN POLES Shall be included in the resultant contract and are a part of the Fee Schedule. 2.1 Maintenance painting will include the preparation and painting of entire intersection steel traffic signal assemblies, and damage to traffic signal assemblies due to vehicle accident. Traffic signal assemblies and damage repair areas painted under the Collier County Traffic Operations Maintenance of Structural Steel Standards will require a five (5) year warranty against Fading and Adhesion per FDOT Section 6494.3 Painting. 2.2 The adhesive nature of the new coating is affected by the existing surface of the vertical pole and horizontal mast arm assembly and various physical, chemical, and mechanical treatments are required to remove surface contamination, oil, greases, and previous surface coating as necessary to produce a suitable surface for the new primer and final coat finish. This may include pressure washing, grinding, sanding, and solvent wiping with xylene or a similar product just prior to coating to remove all exhaust from gasoline and diesel vehicles. 2.3 All labor, material, and equipment utilized to complete the Maintenance Painting of Steel Mast Arm Assemblies and Steel Strain Pole work assignments shall be per Part 2 of the Fee Schedule. 2.4 Unit prices for maintenance shall be inclusive of all labor, tools, material, parts, equipment, travel and all necessary resources to complete the work. 3. DETECTORS AND LOOP ASSEMBLY 3.1 Loop assembly installation includes all necessary labor (including opening or drilling curb windows), machine work, FDOT approved loop sealant, and up to 150 feet of Lead -In Cable. Lead -In Cable in excess of 150 feet will be paid for as a material reimbursement per verification of reasonable cost and proof of purchase for specific job. When more than one loop is installed at an intersection on a single work assignment all loops after the first will be paid as Item 660-2-2021, 660-2-1061 or 660-24063 as applicable. 3.2 Detector installation includes all cabinet wiring necessary to provide a working detector. 3.3 Unit prices for Detectors and Loop Assemblies shall be inclusive of all labor, tools, material, parts, equipment, travel and all necessary resources to complete the work. 4. CONTRACTOR'S REQUIREMENTS/RESPONSIBILITIES: a. Tlie contractor shall be responsible for safe Maintenance of Traffic (MOT) practices in accordance with the current CMA Instruction 5807 of the County Manager Administrative procedure during all phases of project work. Contractor will provide personnel trained and certified in FDOT Approved Temporary Traffic Control (TTC) Intermediate or Advanced Course. Contractor will assure the use of FDOT, and Collier County approved Temporary Traffic Control Devices such as safety vests, traffic cones, and arrow boards at all work locations. Observation of unsafe MOT practices by County Transportation or Risk Management personnel will be grounds for an order to cease work. Continued unsafe MOT practices will be grounds for voiding this contract. b. All MOT shall be considered as incidental work and payment, therefore, is included in the Fee Schedule. No material, equipment, or labor shall be added to invoice costs for• design, set-up, take -down, or maintenance of proper MOT. c. The contractor shall be capable of providing field engineering and technical assistance as may be needed within the contract period. All project meetings, scheduled or unscheduled, field meetings, office work, Page 3 of 5 ;., Exhibit A —Scope of Services r��Y Invitation to Bid (ITB) 234163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" and permit applications preparation work shall be considered administrative overhead and incidental to contract work, and shall be performed without billing. d. As a matter of public safety and liability, urgent service response time shall be adhered to strictly to maintain a minimal level of County liability. Failure by the Contractor to provide expedient response as outlined in scope of work shall constitute contractual default. e. The County reserves the right to separately solicit any job or perform services with County staff, if in the best interest of the County. £ Contractor maybe required to perform work at night and/or on weekends due to lane closure prohibitions during the hours of 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. weekdays on major collectors or arterials, except for urgent repairs. No premium will be paid for night, weekend work or County Holidays. g. The Contractor's Field Supervisor or Project Manager shall be available directly, without involvement of office personnel or answering service, twenty-four (24) hours per day, seven (7) days per week with the Traffic Operations Section during the contract period for the purpose of direct contact with the Traffic Operations personnel. h. Licenses: The Contractor, shall possess the correct occupational licenses. Qualifications shall include General Contractor & Electrical Licenses to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statutes, Ordinances, and rules and regulations of any kind. . In addition, Signal Technicians working inside the traffic signal controller cabinet shall have IMSA Signal Level 11 Certification. Proof of Certification may be requested prior to commencement of work. i. Equip�xe�rt: Contractor shall provide a complete list of all equipment that will be used on this conri•act upon award. The equipment list will include the make, model, year of manufacturer, and the location of the yard where the equipment is stored when not in use. Aerial equipment must have a working height of sixty (60) feet. Contractor should own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will apply only when the equipment is in use at the job site. j. Egcripmeirt Re`rtal: In the event, additional, specialized and/or heavy equipment is needed, Traffic Operations personnel must be notified, in advance, for approval. The reimbursement of additional equipment expense shall be at cost and will apply only for the rental period required for the project. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. k. 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. For all projects that require the contractor to provide traffic control for work along roadways, the Contractor shall comply with the requirements of Collier County's CMA #5807 Maintenance of Traffic Policy. I. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for the repair of unsatisfactory work Page 4 of 5 Exhibit A —Scope of Services �'J, Invitation to Bid (ITB) 234163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" m, Construction Inspection Requirements: All work performed under the Contract shall be initiated and completed within the completion time indicated on the Collier County work assignment provided for each work project unless otherwise requested by the Contractor in writing and approved by the Collier County Traffic Operations Engineer. 1) Collier County Traffic Operations Section Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail (TrafficOps@colliercountyfl.gov) a minimum of seventy-two (72) hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road rights -of -way within Collier County. 2) Collier County Traffic Operations Section Inspection Staff shall also be notified either via form letter or e-mail a minimum of no later than noon the working day prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any changes that necessitate the rescheduling of work that has been previously scheduled shall be provided in writing via e-mail no later than 5:00 pm from the previously scheduled starting date. 3) Collier County Traffic Operation Section Inspection Staff has the full authority to shut down, any and all overhead or underground work that has failed to comply with the aforementioned requisites. 4) Request for, acceptance inspection shall be submitted a minimum of forty-eight (48) hours in advance of the requested inspection time. 5) Upon inspection and acceptance of contract work, the contractor shall submit an invoice for payment, along with a copy of the Purchase Order, along with pertinent As -Built Plans. 6) Be advised that Collier County Traffic Operations reserves the right to refuse payment for any, and/or all work performed without advance notification for inspection being provided either via e- mail, written correspondence, or by some other means of tangible evidence. Further, Collier County Traffic Operations also reserves the right to require excavation and/or exposure of any, and/or all work performed when advance notification was not provided/received by Collier County Inspection Staff as previously indicated, or underground work has been backfilled, and not staked prior to being seen by Collier County Inspection Staff, or Collier County Inspection Staff has any reason to suspect, and/or believe that the underground work may not have been installed per the aforementioned standards, specifications, requirements, etc. No additional payment for such exploratory excavation(s) will be paid. n. Contractor Employee Requirements: All personnel supplied by the Contractor for this Contract shall be either: 1) Employees of the Contractor, that is, NO DAY LABORER OR INDIVIDUAL CONTRACT EMPLOYEE SHALL BE UTILIZED BY THE CONTRACTOR FOR THIS PROJECT, or 2) Subcontractors, licensed in Collier County to perform the work, intended. The use of any and all sub -contractors will require specific written permission of the Traffic Operations Chief Engineer or his representative in advance of their work. Page 5 of 5 • •—�, Exhibit A —Scope of Services `' , Exhibit B Fee Schedule following this page (pages 1 through 2 Page 16 of 17 Fixed Term Service Multi -Contractor Agreement [2023_ver.z] Invitation to Bid (ITB) #23-8163 "Installation and Maintenance of Traffic Signals and Roadway Lighting" EXHIBIT B- FEE SCHEDULE SECONDARY CONTRACTOR: Horsepower Electric Inc. Part 1: Traffic Signal System and Roadway LightinfySyste/n Mai/:tenance and Repair l /.ahnr and R.nuinmen/ 2a1es Routine Maintenance &Repair Supervisor Hour $ 125.00 Signal/Roadway Lighting Technician Level II Hour $ 125.00 Signal/Roadway Lighting Technician Level I Hour $ 125.00 Laborer Hour $ 75.00 Keavv Euuivme►rt (Rate includes Operator): Bucket Truck/Auger Truck Hour $ 200.00 Crane:12 1/2 Ton Hour $ 300.00 Crane: 35 Ton Hour $ 350.00 :Ylinor Equipment: Air Compressor Hour $ 20.00 Generator (fuel included) Hour $ 10.00 Concrete Saw Hour $ 10.00 Marlcu for Traffic Si nal S stem and Road`va Li htin S stem Maintenance and Re air Subcontractor Markup Percent 15% Parts and Materials Markup Percent 10% Pa►•t 2: Maintenance Painting of Steel Mast Arm Assemblies and Poles Labor, Material, &);quipment Rate for Painting Steel Strain Poles and Mast Arm Assemblies with or without Luminaire (Price Includes Preparation and Coating of Luminaire Arm) Description Unit Unit Price Per Vertical Foot Pressure Washing per Vertical Foot Vertical Foot $ 2050 Abrading Surface per Vertical Foot Vertical Foot $ 7.86 Primer Coating Application per Vertical Foot Vertical Foot $ 5.36 Finish Coat Application per Vertical Foot Vertical Foot $ 6.43 Description Unit Unit Price Per Horizontal Foot Pressure Washing per Horizontal Foot Horizontal Foot $ 3.93 Abrading Surface per Horizontal Foot t1r Horizontal Foot $ 8.21 Primer Coating Application per Horizontal Foot Horizontal Foot $ 6.43 Finish Coat Application per Horizontal Foot Horizontal Foot $ 7.14 t11 The adhesive nature of the coating is affected by the surface finish of the substrate. To accomplish this, various physical, chemical and mechanical treatments are required to remove surface contamination, oil, greases, surface layers and improve adhesion. Page 1 of 2 Tnrli PC nn to 1 SO ft of T.earl-Tn Cahle Item Description Unit Price Inductive Loop Detector - 2 Channel, $ 500.00 660-1-110 Rack Mounted, Delay & Extend 6' x 6' Type B Advance Loop (First $ 2,215.00 660-2-102 Loop) 6' x 6' Type B Advance Loop $ 25000.00 660-2-2021 Additional Loops) 6' x 30' Type F Quadrapole (First $ 2,930.00 660-2-106 Loop) 660-2-1061 6' x 30' Type F Quadrapole $ 2,645.00 Additional Loops) 6' x 40' Type F Quadrapole (First $ 3,215.00 660-24062 Loop) 660-2-1063 6' x 40' Type F Quadrapole $ 2,785.00 Additional Loops) Prices shall remain firm for the initial term of the Agreement Page 2 of 2 Her Exhibit/Attachment Description: Federal Contract Provisions and Assurances 0 following this page (pages 1 through 11 ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor• Agreemei��� EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract, Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take A necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women Is business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200,216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity idener (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C,F,R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment, (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5,1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT 1 - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, colorI religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 241 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. VendorlContractor Name Horsepower Electric Inc. Date 10/17/2023 Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Horsep By: Signature r Electric Inc. Michael Martinez, P'r•.esjdent Name and Title 8105 W 20 Ave Street Address Hialeah FL 33014 City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) 10/17/2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLDER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status r: ili be verified. Unverifable statuses teAll require the PR ME to either proFade a rev sed statement, or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME 14AME PRIME F ETI NUMBER, CONTRACT DOLLAR AMOUPfT orS2 �t7�r �2c(Q1C �-2SUz221 ISTHE PRINIE A ORIDA-CERTIFIED DISADVANTAGED, VETERAN 'Y Id 'S THE ACTIVITY OF THIS CONTRACT... AAINORIT'f OR Vi00.SEN BUSINESS ENTERPRISE? DBE? Y CONSTRUCTIOrJ ? fY N (DBE/M r VIBE) OR HAVE A SMALL DISADVArJTAtSED BUSINESS 94CERTIFICATIONFRON. THE SMALL BUSINESS MBE? Y 9r- IS CONSULTATsOfl? Y IIIADMINISTRATION? ASERVICE DISABLED VETERAN? WBE? Y OTHER? Y N SOB SA? 'Y THIS 5UBG4155'ON A REVISION? IV IJ F YES, REV`,SION NUMBER B, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SIV1ALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (see Below) DOLLAR AMOUrfT DOLLARS Ong TOTALS: C. SECTION TO BE COMPLETED BY PRUNE VENDOR/CONTRACTOR ►,.�l rt NAME OF SUBMITTER DATE TITLE OFSUB ITTER de P EMAIL! DRESS OF PRIME (SUBMrTTER) TELEPHONE NUMBER FAX NUMBER ego ` z2z NOTE: This information is used to track and report anticipated DBE a MBE partir-ipation in federaltyfunded contracts. The anticipated DBE or MBE amount is valuntarY and rill not become part of the contractual terms. This form must be SLINmitted at time of response to a solicitation_ If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE E•IackAmerican 8A Hispanic A merican HA NatiVeAmerican NA Subcont, Asian American SAA Asian•PacificAmerican APA Non-minoriri III WAIN Other: not of any other group listed O D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTC.1EWTN01,taIE COL!ERCOIITRACTPi(F9iR^PorPO.REQ4 GRANT PROGRAMICONTRACT ACCEPTED BY: DATE EXHIBIT I - 10 I EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION {To be submitted with each bid or offer exceeding $100 000] The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, can, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Horsepower Electric Inc. Contractor (Firm Signature of Contrfictor's Authorized Official Michael Martinez, President Name and Title of Contractor's Authorized Official 10/17/2023 Date EXHIBIT I - 11 Collier County Solicitation 23-8163 ie-raUnt Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. General Bid Instructions has been acknowledged and accepted. L+� Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. []"0' Form 1: Vendor Declaration Statement P Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - hM2://dos.myflorida.com/sunbiz/ should be attached with your submittal. NKOO Vendor MUST be enrolled in the E-Verify - htips://www.e-verify.gov/ at the time of submission of the proposal/bid & Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal L� E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal if applicable to the solicitation. Form 5: Grant Provisions and Assurances package in its entirety, if applicable are executed and should be included with your submittal. L� Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. EP Copies of all requested licenses and/or certifications to complete the requirements of the project. 19/ All addenda have been signed and attached. [� County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. 9/15/2023 5:43 PM P 29 Collier County Solicitation 23-8163 Co ie,r C014nty Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 17 day of October , 2023in the County of Dade , in the State of FL Firm's Legal Name: Horsepower Electric Inc. Address: 8105 W 20 Ave City, State, zip Code: Hialeah FL 33014 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email Signature by: (Typed and written) Title: 59-2502221 305-819-4060 mikeCcDho Michael Marti relectric.com dent 9/15/2023 5:43 PM P. 30 Collier County Additional Contact Information Solicitation 23-8163 Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 9/15/2023 5:43 PM p. 31 Collier County Solicitation 23-8163 CO Ter C;Ouvtty Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Horsepower Elect ic_lnc. Name Michael Martinez, R ident Print Name and Title State of FL County of Dade -- `` The foregoing instrument was acknowledged before me by means ofNphysical presence or ❑ e notarization, this 17 day of October (month), 2023 (year), by Michael Martinez (, ,e of person acknowledging). ::�;ir'➢•., LISMONOELO Notary Public - State of Florida Commission # HH 198251 'orb` My Comm. Expires Nov t4. 2025 Bonded through National 14otary Personally Known OR Produced Identification N/A Type of Identification Produced (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) 9/15/2023 5:43 PM p 32 DIVISION OF CORPORATIONS ,.i '�X%l Mwe eflIkolda wldl iw Dg artrnent of State /Division of Gorpr�rai:ions / Search Records / Search by Er City cane / li W Florida Profit Corporation HORSEPOWER ELECTRIC INC. Filing Information Document Number M12222 FEI/EIN Number 59-2502221 Date Filed 03/06/1985 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/23/2015 Event Effective Date NONE Principal Address 8105 W 20 AVE HIALEAH, FL 33014 Changed: 04/15/1997 M lling Address 8105 W 20 AVE HIALEAH, FL 33014 Changed: 04/17/1998 Registered Agent Name & Address NUNEZ, RODOLFO, ESQ. 255 UNIVERSITY DRIVE CORAL GABLES, FL 33009 Name Changed: 09/23/2015 Address Changed: 09/23/2015 Officer/Director Detail Name & Address Title PT MARTINEZ, MICHAEL 8105 W 20 AVE HIALEAH, FL 33014 Title D ORTIZ, HECTOR M 8105 W 20 AVE HIALEAH, FL 33014 Title D ORTIZ, HECTOR P 8105 W 20TH AVE HIALEAH, FL 33014 Title V MONDELO, JULIO 8105 W 20 AVE HIALEAH, FL 33014 Title D KONDLA, RICHARD 8105 W 20 AVE HIALEAH, FL 33014 Title S MONDELO, LIS 8105 W 20 AVE HIALEAH, FL 33014 Annual Reports Report Year Filed Date 2021 04/07/2021 2022 04/27/2022 2023 05/08/2023 Document Images 05/08/2023 --ANNUAL REPORT View image in PDF format ' ...... _.......... ._... --.......__..._ .._r_..__..._.. _._..--...._.._.__ ! 04 202 —ANNUAL EP T View image in PDF format � 04/07/202-1 --ANNUAL REPOR-F View image in PDF format 06/18 2020 --ANNU I... REPORT View image in PDF format l28/2 1 9 -- ANN,,UAL REPORT View image in PDF format 04/23/2018 --ANNUAL REPORT View image: in PDF format 04/2.6/2017 --ANNUAL REPORT View image in PDF format ; 04I26/2010 --ANNUAL REPORT Vie J _ w image in PDF format 09/23/2015 --Amendment View image in PDF format 04/30/2015 --ANNUAL REPORT View image in PDF format 4/07 014 -- ANN.QPORT View image in PDF format ' 04/04/20'14 --Amendment View image in PDF format 04/12/2013 --ANNUAL REPORT View image in PDF format j 04/19/2012 —ANNUAL-REPORT View image in PDF formate 04/15/2011 --ANNUAL REPORT View image in PDF format i 02/11/2010 --ANNUAL REPORT View image in PDF format ................._.._._.._ .__.... 04/14/2009 --ANNUAL REPORT .. View image in PDF format 05/01/2-008 --ANNUAL REPO �T View image in PDF format Collier County Solicitation 23-8163 Copier County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposallbid. Horsepower tectric Inc. Company Name 67 � Signature Michael Martinez, President Print Name and Title State of FL county of Dade The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ e tarization, this 17 day of October (month), 2023 (year), by Michael Martinez (name person acknowledging). � Y a LIS MONDE:0 r°/•�`a Notary Pubiic - State of Florida '•� c`= Commission, HH 198257 �'?oFati My Comm. Sxpires!1ov ;a. 2025 Bonded thra gh Nat' Personally Known OR Produced Identification N/A Type of Identification Produced of Notary Public) Type, or Stamp Commissioned Name of Notary Public) 9/15/2023 5:43 PM p. 33 HE An official website of the United States government Here's how you know -Verify Home Cases Reports Resources v Lismondelo My Company Account My Company Profile Company Information Company Name Horsepower Electric Inc. Company ID 1329875 Employer Identification Number (EIN) 592502221 DUNS Number NAICS Code 238 Subsector Specialty Trade Contractors Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Doing Business As (DBA) Name Enrollment Date Aug 06, 2018 Unique Entity Identifier (UEI) Total Number of Employees 20 to 99 Sector Construction Company Addresses Physical Address 8105 W 20 Ave Hialeah, FL 33014 Mailing Address Same as Physical Address 1. Edit Company Addresses Company Access and MOU My Company is Configured to: Verify Its Own Employees Hiring Sites We have implemented a new policy and require more information for existing and future hiring sites. Number of Sites 1 Edit Hiring Sites Memorandum of Understanding View Current MOU U.S. Depo,rtment of H.Pmeland Se-curi. y Q3.-Citizenshi p—end I _mr n ig a_ n. Sry .j L Q - ee$ Accessibitity. P(4!gzim Site Map CountyCollier Co ier Countv kct, Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation 23-8163 Solicitation:,'23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: E, Horsepower Electric Inc. (Name of Company Requesting Reference Information) Michael Martinez (Name of Individuals Requesting Reference Information) Name: Alexander Vickers (Evaluator completing reference questionnaire) Email: FAX: Company: Broward County Traffic Engineering Division (Evaluator's Company completing reference) Telephone: 954-847-2701 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Roadway Traffic & Misc Const. Project Budget: $8,179,480 Completion Date: March 2022 Project Number of Days: 3 Year Contract 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover, invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 9/15/2023 5:43 PM p. 34 Collier County 1` C ; Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation 23-8163 Solicitation:,' 23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: Horsepower Electric Inc. (Name of Company Requesting Reference Information) Michael Martinez (Name of Individuals Requesting Reference Information) Name: Genady Beylin (Evaluator completing reference questionnaire) Email:gbeylin@miamigov.com FAX: Company: City of Miami, Recilience and Public Wo (Evaluator's Company completing reference) Tel Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Street Lighting Installation, Repair and Maintenance- ProjectBudget: $ 1.5 m I n s Completion Date: February 2024 Project Number of Days: 312 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 9 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 9/15/2023 5:43 PM p. 34 Collier County Ce T CC. Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation 23-8163 Solicitation: „ 23-8163 Installation & Maintenance of Traffic Signals & Roadway Lighting Reference Questionnaire for: Horsepower Electric Inc. (Name of Company Requesting Reference Information) Michael Martinez (Name of Individuals Requesting Reference Information) Name: Eddie Martin (Evaluator completing reference questionnaire) Email: emartin@broward.org FAX: Company: Broward County (Evaluator's Company completing reference) 954-577-4643 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." PNC2122875131-Miscellaneous Project Description: Traffic & Roadway Construction Completion Date: March 15, 2022 through March 14, 2024 Project Budget: $ 19,722,806.47 Project Number of Days: 2-Year Contract Item " CrterYa.' Score' (must be com leted) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 0 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 9/15/2023 5:43 PM p. 34 �F D Florida Department of Transportation RON DESANTIS .1.000 NW 1.1.1 th Avenue JARED W. PERDUE, F.E. GOVERNOR M:iaini.,FL 331.72-5800 SECRETARY June 21th, 2022 DELIVERED VIA E-MAIL: mike@horsepowerelectric.com HORSEPOWER ELECTRIC, INC. 8105 W 20th Avenue Hialeah, Florida 33014 Attn: Mike Martinez, Vice President Project Name: SR 944/NW 54 ST @ NW 14 AVE - PEDESTRIAN SAFETY IMPROVEMENT SR 25/NW 36 ST from NW 20 AVE to W 19 AVE - PEDESTRIAN SAFETY IMPROVEMENT Financial No: 442539-1-52-01 & 442537-1-52-01 FAP No: N/A Contract No: E6M84 County: Miami -Dade Subject: Contractor's Past Performance Rating -FINAL Dear Mr. Martinez, The Daily Reports of Construction documenting the Contractor's Past Performance have been evaluated for the period beginning October 18th, 2021, through May 25th, 2022. The attached spreadsheet report summarizes the cumulative rating to date. Your company has ten (10) days from receipt of this notice to appeal the above Performance Status Report. Any such appeal must be accompanied by all available specific facts that support your position. Failure to make an appeal or to provide the specific facts supporting your position, within ten (10) days from receipt of this notice shall constitute a waiver of any rights to appeal the Department's decision at a later date. Sincerely, Van Hay Digitally signed by Ivan Hay Date: 2022.06.22 13:49:23-04'00' Ivan Hay, P.E. North Dade Construction Resident Engineer cc: Mario Cabrera, Heidi Solaun-Dominguez, Dru Badri, Anderson Santiago, Ruben Massani, David Alvarado, John Garzia, Franche Perdomo, Project File. www,fclot.gov Rule 14-22,015, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONTRACTOR'S PAST PERFORMANCE REPORT HORSEPOWER ELECTRIC, INC. (Contractor Name) Franche Perdomo, Project Manager 8105 W 20th Ave Hialeah, FL 33032 (Address) $556,805.65 (Final Contract Amount) Belash, Galina / D6 North Dade Construction (Project Administrator / Firm or Residency) ANSWER ALL QUESTIONS Performance MIAMI-DADE 700-010-25 CONSTRUCTION 09/05 442539-1-52-01 (FIN Project No.) E6M84 (County) (Contract No.) 99561 PEDESTRIAN SAFETY IMPROVEMENT (Type of Work) 05/25/2022 (Date Final Accepted) 1. Pursuit of the Work 2. Proper MOT & Minimize Impacts to Traveling Public 3. Timely and Complete Submittal of Documents 4. Timely Completion of Project 5. Coordination/Cooperation with Construction Engineering Inspection Personnel, Property Owners, and Utility Companies 6. Mitigate Cost and Time Overruns 7. Environmental Compliance 8. Conformance with Contract Documents 9. DBE Utilization Total Score Maximum Value Rated Value 12 12 12 12 8 8 14/20 14 10 10 12 12 10/12 10 20 20 0/4 0 98/98 98 Digitally signed by Galina Belash Digitally signed by Ivan Hay Galina Belash Date: 2022.06.21 15:55:28-04'00' Ivan Hay 'Date: 2022.06.22 16:29:16-04'00' Project Administrator (signature) Date Resident Engineer (signature) Date July 19, 2016 SECRETARY Horsepower Electric, Inc. ]Michael Martinez / President 8105 W 20`h Avenue Hialeah, Florida 33014 Contractor's past Performance Report (Final) RE: Description: SR 5/US 1, (Overseas Hwy); From Atlantic Blvd. MM 99.5 to Tarpon Basin Dr. MM 101,5 FIN No.: 433508-1-52-01 FAP No.: 4851231 P Contract No.: T-6384 County: Monroe The Department has completed the scoring for the Contractor's Past Performance Rating for the above mentioned project. The attached sheets identify the score given to each item and the Initial Past Performance Rating Score of 98% is listed at the top of the sheet. If a meeting is desired to appeal the results of the "Initial Past Performance Rating" said request must be made in writing to the Resident Engineer within ten (10) days from receipt of the "Initial Past Performance Rating". If at the end of ten (10) days, you have not requested a meeting, the Contractor's Past Performance Rating will be Final. Should you have any questions please contact our office at (305) 640-7418. Sincerely, x Claudio Diaferia, P.E. South Miami -Dade and Monroe Resident Engineer cc: Mario Cabrera, P.E., Heidi Solaun-Dominguez, P.E., Barbara Espino, May Sanchez, Mark Croft, P.E, Jacki Hart P.E., Cary Miller, Diana Nieves, Zach Wiginton, Project file www.dot,sti-fiw.fl.us Page lo[l CONTRACT OR'S PAST PERFORMANCE. R1",'-,P0RT HORSEPOWER ELECTRIC, INC. (Contractor Name) (Final Contract Amount) Performance 1.Pursuit oftire Work 2. Proper MOT and Minimize Impacts toTraveling Public 3.Timely and Complete Submittal nfDocuments 4.Timely Completion ofProject 5.Coordination/Cooperation with CBPersonnel, Property Owners, and Utilities Company 0.Mitigate Cost and llmeOverruns 7. Environmental Compliance 433508-1-52-01 (FIN Project No.) 700-010-25 CONTMUCTION 09105 (Gounty) (Contract No.) O777LIGHTING (Typo Of Work) 06-23-2016 (Date Final Accepted) Rated Value 12 12____ 12 12_~__ 8 ____8___ 14/20 notew4 14 ����� 10 10 12 12___ 10/12 nnmww _10___ B.Conformance With Contract Documents 20 20 9. DBE Utilization 0/4 note #4 0 Total Score 981110 98 14 7// 91 Project Administrator (signature) Date EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Horsepower Electric Inc. Date 10/17/2023 Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Horsepower Electric Inc. By: Signature Michael Martinez, sident Name and Title 8105 W 20 Ave Street Address Hialeah FL 33014 City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) 10/17/2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT 5 tatus will be verified. unveffable statuses will require the PkME to either proi-ode a revised statement or provide source documentation that validates a A. PRIP4EVENDOR/CONTRA(TORINFORrylATION PRIME NAME PRIME FE 0 NUMBER CON 7- :,C-7 DOLLAR APAOU'�T SD5 SA? 'y AN I B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRINlE IS TO COMPLETE THIS NEXT SECTION VETERAN NAME SPECIAL7f jsee Belowj DOLLAR AMOUNT DOLL.ARS C. SECTION TO BE COMPLETED BY PRIME VENDORAONTRACTOR EMAIL �KRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE: This information is usedto track and report anticipated DEE W MEE Participation in fAderaliy-fundaed contracts. The anticipated DBE or MBE amount isvoluntar� andwill not become prt of the contractual terms. This form must be submitted at timeof r—e-ponse to a solicitation. f and when wwardled a Count� contract, the prime will be asked to update the information for the grant compliance files. ET"NICIrY CODE hispanic American HA NativeAmerican NA other: not of any other group listed 0 D. SE(TION TO BE COMPLETED BY I-OLLIER COUNTY ACCEPTED BY: EXHIBIT 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100 000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Horsepower Electric Inc. Contractor (Firm Natr e Signature of ContpYctor's &uttfiorized Official Michael Martinez, President Name and Title of Contractor's Authorized Official 10/17/2023 Date EXHIBIT I - 11 Form � Request for Taxpayer (Rev. October2018) Identification Number and Certification Give Form to the requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov1FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Horsepower Electric Inc. 2 Business name/disregarded entity name, if different from above cl 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see a o ❑ Individual sole proprietor or 0 C Corporation ❑ S Corporation p ❑ Partnership ❑ Trust/estate instructions on page 3): to single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Do- 0 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c a� LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is L n another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) ;, is disre from the owner should check the a disregarded 9 ppropriate box for the tax classification of its owner. aoi G Otherinstructions) ❑ (see Do -(Applies to accounts maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 8105 W 20 Ave 6 City, state, and ZIP code Hialeah FL 33014 7 List account number(s) here (optional) I axpayer taentmcation Number (t1N) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN. However, for a - m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F--r--I ©0M©©M©©©E Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 a ove if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends o ou tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property ancel tion of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend, you are not quired sign the certification, but you must provide your correct TIN. Sep the instructions for Part II, later. Sign Signature of Here U.S. person ► FDate ► General Instructions Section references are to the Internal Revenue CoUunleotherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 23-8163 Bid Schedule Installation and Maintenance of Traffic Signals And Roadway Lighting All lines in Parts 1- 3, must be completed, or bidder may be deemed non -responsive. Estimated quantities are for award determination purposes only. Part 1: Traffic Simnal System and Roadway Liahtinm System Maintenance and Repair Description " " t� n Estimated Houxs Untt l =';Unit Pace Total Labor, and Equipment Rates, Routine Maintenance & Repair Supervisor 1,200 Hour $ 125.00 $ 150,000.00 Signal/Roadway Lighting Technician Level II 1,600 Hour $ 125.00 $ 200,000.00 Signal/Roadway Lighting Technician Level 1 1,920 Hour $ 125.00 $ 240,000.00 Laborer 1,920 Hour $ 75.00 $ 144,000.00 Heavy Equipment (Rate includes Operator): Bucket Truck/Auger Truck 1,200 Hour $ 200.00 $ 240,000.00 Crane:12 1/2 Ton 500 Hour $ 300.00 $ 150,000.00 Crane: 35 Ton 80 Hour $ 350.00 ' $ 28,000.00 llfinor Equipment: Air Compressor 130 Hour $ 20.00 $ 2,600.00 Generator (fuel included) 500 Hour $ 10.W $ 5,000.00 Concrete Saw 100 Hour $ 10.0V $ 1,000.00 ,* Sul` Markup:foar Traffic Signal System and Roadway LYghYng System Maintennance and.Repar , Subcontractor Markup Percent 15% Parts and Materials Markup Percent 10% c: lvlaintenance rainunk of ,Yteel Mast Arm Assemblies and poles , Material, & Equipment Rate for Painting Steel Strain Poles and Mast Arm Assemblies with or without Luminaire (Price les Preparation and Coating of Luminaire Arm) Pressure Washing per Vertical Foot 1,000 Vertical Foot $ 2:50 = $ 2,500.00 Abrading Surface per Vertical Foot 1,000 Vertical Foot $ 7.86 $ 7,860.00 Primer Coating Application per Vertical Foot 1,000 Vertical Foot $ 5.36 $ 5,360.00 Finish Coat Application per Vertical Foot 1,000 Vertical Foot $ 6.43' $ 6,430.00 Pressure Washing per Horizontal Foot 2,000 Horizontal Foot $ 3.93 $ 7,860.00 Abrading Surface per Horizontal Foot 2,000 Horizontal Foot $ 8.21 $ 16,420.00 Primer Coating Application per Horizontal Foot 2,000 Horizontal Foot $ 6.43 $ 12,860.00 Finish Coat Application per Horizontal Foot 2,000 Horizontal Foot $ _ 7.14, $ 14,280.00 2;E Total :fa 00 _ 0 The adhesive nature of the coating is affected by the surface finish of the substrate. To accomplish this, various physical, chemical and mechanical treatments are required to remove surface contamination, oil, greases, surface layers and improve adhesion. Part 3: Detectors and Loop Assemblies (Furnish and Install) 1 inemues up to im it of Leau-in gable. 3 � 3 x rxz item: r Descri `` �st,mated ' taL Furnish and ption Units LrmtPr�c�y Mall Prue y y pe y a4 '. } Inductive Loop Detector - 660-1-110 2 Channel, Rack 20 $ 500>00 $ 10,000.00 Mounted, Delay & Extend 660-2-102 6' x 6' Type B Advance 40 $ 2,215:00 $ 88,600.00 Loop (First Loop) 660-2-2021 6' x 6' Type B Advance 20 $ 2,000.00 $ 40,000.00 Loop (Additional Loops) 660-2-106 6' x 30' Type F 20 $ 2,930:00 ` $ 58,600.00 Quadrapole (First Loop) 6' x 30' Type F 660-2-1061 Quadrapole (Additional 15 $ 2,645.00 $ 39,675.00 Loops) 660-2-1062 6' x 40' Type F 40 $ - 3;215.00 $ 128,600.00 Quadrapole (First Loop) 6' x 40' Type F 660-2-1063 Quadrapole (Additional 20 $ 2,785.00 $ 55,700.00 Loops) Sub Total Part 3 421,175 00 Total Part 1 $ 1,160,600.00 Total Part 2 $ 73,570.00 Total Part 3 $ 421,175.00 tal P1ri�e5, 0 0 _ ,w 2 :Z W w ` a u 'W w a a 1"'`I g £J Email: Barbara.Lance@colliercountyfl.gov Telephone: (239) 252-8998 Addendum # 1 Date: September 22, 2023 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # I Solicitation # 23-8163 — Installation and Maintenance of Traffic Signals and Roadway Lighting The following clarifications are issued as an addendum: CHANGE: The Invitation to Bid ITB_Bid Instructions Form has been updated with revised E-Verify language: i _ to —Bid _ _ _ `has been replaced with Invitation to Bid !TB Instructions Form 07262022.udf If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and (Signature) (Name of Firm) a copy of this Addendum with your submittal for the above Date Cotely C014"ty Procurement Services Divisor Date: October 17, 2023 Email: Barbara.Lance@colliercountyfl.gov Telephone: (239) 252-8998 Addendum # 2 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation # 23-8163 — Installation and Maintenance of Traffic Signals and Roadway Lighting The following clarifications are issued as an addendum: CHANGE: The Question/Answer Due Date has been extended from 2023, to: October 24, 2023 at 5:00 nm. The Bid Due Date has been extended from t he =-1 2023, at ?.,�, 00 pm to: October 31, 2023 at 3:00 pm. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign b low and referenced s' licitatior (Signature) (Name of Firm) 1 copy of this Addendum with your submittal for the above Q" G'-,c,,G ` ),, Date