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Backup Documents 03/26/2024 Item #16B 1 (Horsepower Electric, Inc.)
el E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPRECVED TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO R 2 6 2024 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUI Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co ( I} menit Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management -66' 42429' 2. County Attorney Office County Attorney Office 54k/Mi 3/u f Y 4. BCC Office Board of County l Commissioners C/{Ly,s/ 3/2 7 'Y 4. Minutes and Records Clerk of Court's Office tgi 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was 03/26/2024 Agenda Item Number 16. B.1b Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8163 Horsepower number if document is Horsepower Electric Inc. to be recorded Electric Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the FC document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/26/2024 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County � t an option for Attorney's Office has reviewed the changes,if applicable. f� this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the �A4j an option for Chairman's signature. � this line. 16B 1 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 ItIL day of Pi Q.rail 20 24 , 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 I I eta-t#ee-date--of-aeafd-a ems; 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 consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ® Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of _ • Invitation to Bid (ITB) Other ( ) # 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. ', 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] co 1 6 B 1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3 The--pre rtticed-ice Other Exhibit/Attachment: -- -- . 3-4❑ ttetatiensi-tried ef-een ptetion; collection of liquidated-damages in the event of late co tet+ee a el-the . . 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): a project; theri .s-are t , s a business praetiee-td ere-Ewe no he he satisfeetien- r--the-fixed--priee---eentraet i6—authefizech n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. n Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2 16B 1 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 n fur&able---Expe ses4 Travel-and Rei btu '..g-- the-Giaa ty - ave4 e*peRses-shall--be eetfeR-4-2:-061 Fla:--State: Rei b e i g-Fa4tes Mileage $0.44.5 per mile Beall $6.00 L eeh $41 00 D-if}f er $1-9.00 _ Aic#are A'ctua e eeC sl clan fare Rental-ear pec .,...•.e r stanciarellietes Leg Actual cost of lodging at single occui3aneffate 8- 3er-night Reimb e-- g:--telene tee later sk�ell lie v+ties--ae4--selielte-tiees tiodettakeialatirsuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] 16B 1 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Horsepower Electric Inc. Address: 8105 W 20 Ave Hialeah, FL 33014 Authorized Agent: Michael Martinez, President Attention Name & Title: Telephone: (305) 819-4060 E-Mail(s): mike@horsepowerelectric.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: Transportation Engineering Division- 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 [2023_ver.2] 16B '. 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, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. IN Business Auto Liability: Coverage shall have minimum limits of$ 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] 16B 1 a- n R. -by-the G c u rc it4el liability for claims--arising out of the eerf c -s ►ees---under--this Agreement--Gentraete hi-ef--r-eee cry--against County-as-twany-+Maims-+nderr l--free-liras t -each etaiffl and aggregate. Gaverage shall-have G-: I :-fir-age; shaft-have-minimum limits of $ per claim. l - --- :-Go erage spat . 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] 16B 1 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), n Exhibit A Scope of Services, Exhibit B Fee Schedule, I I RFP/ n ITB/❑ Other #23-8163 , including Exhibits, Attachments and Addenda/Addendum, sbseq+t gtretes7 and 1111I 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] 1 6 B • 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: PublicRecordRequestCa�colliercountyfl.qov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] I6B 1 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. n 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] 16B 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. it 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. U■I 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] 16B 1 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] -1 6 B 1 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. ractafls-perse+ nea-RE agerert- e + ed-fer t- 4&p rtise. The County-reser-ves-the Right-t8--perfe o--ensare--~tit ee peteat pereen free e t--The-Gentr-aeter-e atkaesigr, a ely-baser e h-persea as iped-,elga[ unt e#time-a efkbete-to- teet#fie-re�aaredeerviee dat ge ewtng-eene[itien re rnet:(4}--Rfep sul-staat+ally-lhe—same—er--b to uatifieatfoas andifer-experie+ 1-(-2+44:e -vv +t+ng as-far in sewn- e-a&possible: The-Gentraete eRadle-efforts-te-nati-fy-Gelber-Gounty-within se-veR{ -}-da I--ef--prepesed-replaeernen-t perseffnek [RI 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. n ORD€ E #l+et-betw ef--affi®ng-tl-ie-terms eeurn traetec s.-Pfoposal; aad xesutiv ntraet-Decuments--shall take precedence. ICI 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 Fixed Term Service Multi-Contractor Agreement [2023_ver.21 16 1 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 a(�,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. 111 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] 16B I shall only be made 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. ATTEST. 1,. BOARD OF COUNTY COMMISSIONERS Crystal Kr inze't','Cier1 t,f the Circuit COLLIER COU T , FLORIDA Court and Com olier'•.; By: By: Chris airman Dated (SEAL}Attait,pstn h rman's LI signature my Contractor's Witnesses: Horsepower Electric Inc. Contractor DBA :it, c r 6 e By: '. Contractor's FirSt Witness Signature i/ M t c 4-AEC_ I'll O'zrl z pets 1 r,& __de TType/print signature and titleT TTy.•yress name j Contra" Second Witness Usr1oJ(01&(Le 0 TType/print witness nameT Approv d;as tabrm and Legality: 1' Co sty Attorney Print N ' e Page 14 of 17 Fixed Term Service Multi-Contractor Agreement, [2023 ver.2] 6B 1 Exhibit A Scope of Services ■ following this page (pages 1 through 5 ) this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] .. 16B 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. DETAILED SCOPE OF WORK Contractor(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 be directed by 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 l of 5 Exhibit A—Scope of Services i6B 1 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 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. 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 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 Reins/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 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. Page2of5 I G:V 1 Exhibit A—Scope of Services 16B 1 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 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 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 660-2-1063 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. 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, 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 ,ter 168 1 Invitation to Bid (ITB) 23-8163 "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. 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 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. Equipment 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 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� 16B y Invitation to Bid (ITB) 23-8163 "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 ��' 6B 1 Exhibit B Fee Schedule following this page (pages 1 through 2 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] 16B 1 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 Lighting System Maintenance and Repair Description Unit Unit Price Labor and Equipment Rates Routine Maintenance&Repair Supervisor Hour $ 125.00 Signal/Roadway Lighting Technician Level 11 Hour $ 125.00 Signal/Roadway Lighting Technician Level 1 Hour $ 125.00 Laborer Hour $ 75.00 Heavy Equipment(Rate includes Operator): Bucket Truck/Auger Truck Hour $ 200.00 Crane:12 1/2 Ton Hour $ 300.00 Crane: 35 Ton Hour $ 350.00 Minor Equipment: Air Compressor Hour $ 20.00 Generator(fuel included) Hour $ 10.00 Concrete Saw Hour $ 10.00 Markup for Traffic Signal System and Roadway Lighting System Maintenance and Repair Subcontractor Markup Percent 15`%, Parts and Materials Markup Percent 10°/, Part 2:Maintenance Painting of Steel Mast Arm Assemblies and Poles 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 Unit Unit Price Per Vertical Foot Pressure Washing per Vertical Foot Vertical Foot $ 2.50 Abrading Surface per Vertical Foot(I) 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(I) Horizontal Foot $ 8.21 Primer Coating Application per Horizontal Foot Horizontal Foot $ 6.43 Finish Coat Application per Horizontal Foot Horizontal Foot $ 7.14 77The 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 "'� 16B 1 Part 3: Detectors and Loop Assemblies(Furnish and Install) Includes up to 150 ft of Lead-In Cable. Item Description Unit Price 660-1-110 Inductive Loop Detector-2 Channel, $ 500.00 Rack Mounted,Delay&Extend 6'x 6'660-2-102 Loop) Type B Advance Loop(First $ 2,215.00 660-2-2021 6'x 6'Type B Advance Loop $ 2,000.00 (Additional Loops) 6'x 30'660-2-106 Loop) Type F Quadrapole(First $ 2,930.00 660-2-1061 6'x 30'Type F Quadrapole $ 2,645.00 (Additional Loops) 6'x 40'660-2-1062 Loop) Type F Quadrapole(First $ 3,215.00 660-2-1063 6'x 40'Type F Quadrapole $ 2,785.00 (Additional Loops) Prices shall remain finn for the initial term of the Agreement Page 2 of 2 16B 1 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances MIfollowing this page (pages 1 through 11 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement, [2023_ver.2f' 16B 1 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. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards O 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 16B 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 OHS 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. EXHIBITI -2 16B 1 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 16B 1 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 r'� 1 6 B 1 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 16B 1 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 EXHIBITI-6 16B 1 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 1 6 B 1 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 f Authorized Signature V / EXHIBIT I -8 C7;Q� 16B 1 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 Horsepower Electric Inc. By: Signature Michael Martinez, PC.e.5idnt 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 "'r 16B 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status u:ill be verified. Urwerifable statuses will require the PR ME to either proi.,de a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT +\or .Zf0 o, er iecf ic• &1-2502221 IS THE PRIME A rkoaiDA-CERTIFIED DISADVANTAGED. VETERAN Y F! -S THE ACTIVITY OF THIS CONTRACT.._ MINORITY OR WOMEN BUSINESS ENTERPRISE? DEE' Y CONSTRUCTION? 0 IJ DBE/I4IBEI WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS EA CERTIFICATION-FROM THE SMALL BUSINESS MBE? t OP CON'SULTAT.ON? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN, WSE? V F OTHER? 'Y' N SDB aA? r glo IS Th:S SUBMISS ON A REVISION? 1' t) F YES,PEV SION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE MUSE SUBCONTRACTOR OR SUPPLIER TYPE OF WORX OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS (1 Qn.C, TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUB-MUTER HI - c � \ kfr z. to1,- 2.3 Fi-ecI 0 EMAIL A .RESS Of PRIME(SUBMITTE'R) TELEPHONE NUMBER FAX NUMBER imiaRktNc4o1,04 t lat- ic.com ` SSI4P-faup . ;oS--0[et f222 NOTE: This information is used to track and report anticipated DBE of MBE participation in federali--funded contracts. The anticipated DBE or MBE amount is voluntary and..ill not become part of the contractual terms. This form must be submitted at time of response to a solicitation f and when awarded a County contract,the prime,vill be asked to update the information for the grant compliance files. ETHNICITY CODE Black Amerlon BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMv,' Other:not of any other group listed 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPA FTMENT NAME COL'ER CONTRACT P IiFBi Pf P or PO RED- GRANT PROGRAM;CONTRACT ACCEPTED BY: DATE EXHIBIT I-10 A i 1 6 B 1 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 a,,,e)') 3; Signature of Contractor's A orized Official Michael Martinez, President Name and Title of Contractor's Authorized Official 10/17/2023 Date EXHIBIT I -11 C 0 16B 1 shall only be made 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. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller By: By: Chris Hall , Chairman Dated: (SEAL) Contractor's Witnesses: Horsepower Electric Inc. Contractor DBA By: Contractor's First Witness Signature TType/print signature and titleT TType/print witness nameT Contractor's Second Witness TType/print witness name I Approved.asfta; orm and Legality: W 1c. Coty Attorney �� , 14, h\A�-/10.4 Print NAne Page 14 of 17 Fixed Term Service Multi-Contractor Agreement, [2023_ver.2]. 16B 1 AC p' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYYY) 01/17/2024 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 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 NAME: PHONE(A/C,No,Ext). (800)277-1620 X 4800 FAX(A/C,No): (727)797-0704 FrankCrum Insurance Agency,Inc. E-MAIL ADDRESS: 100 South Missouri Avenue INSURER(S)AFFORDING COVERAGE NAIC# Clearwater,FL 33756 INSURER A: Frank Winston Crum Insurance Company 11600 INSURED INSURER B. INSURER C: FrankCrum L/C/F Southern Signal&Lighting, Inc. INSURER D: 100 South Missouri Avenue INSURER E: Clearwater,FL 33756 INSURER F COVERAGES CERTIFICATE NUMBER: 1229753 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSRD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED J CLAIMS-MADE I OCCUR $ PREMISES(Ea occurrence) MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY I=PROJECT O LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ -ONLY -AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ TH- WORKERS COMPENSATION AND WC202400000 01/01/2024 01/01/2025 X PER STATUTE ER A EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Effective 09/12/2009,coverage is for 100%of the employees of FrankCrum leased to Southern Signal&Lighting,Inc.(Client)for whom the client is reporting hours to FrankCrum.Coverage is not extended to statutory employees. Re: 23-8163-Installation and Maintenance of Traffic Signals and Roadway Lighting CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail E Naples,FL 34112 ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16B 1 ACCPREP DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/18/2024 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 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 Rick Senderling WhitCo Insurance Agency LLC NAME:PHONE FAX 5802 State Road 54 (A/C.No.Extl: 727-842-9555 (A/C,No): New Port Richey, FL 34652 ADDARESS: rick@whitcoinsurance.com License#: P212741 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Nautilus Ins Co #17370 INSURED INSURER B: Progressive 10193 SOUTHERN SIGNAL AND LIGHTING, INC. INSURERC: Evanston Insurance Co #35378 16909 US-19 INSURER D: HUDSON, FL 34667 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00007395-1407972 REVISION NUMBER: 132 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 TYPE OF INSURANCE IA DDLISUBR POLICY EFF POLICY EXP SD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y BN965736 02/04/2023 02/04/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTE CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X TNT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ B AUTOMOBILE LIABILITY Y 03200032 06/30/2023 06/30/2024 COMBINED SINGLE LIMIT $ (Ea accidet) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY AUTOS ONLY (Per accident) A UMBRELLA LIAB X OCCUR AN1277257 02/04/2023 02/04/2024 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N 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 02/04/2023 02/04/2024 BPP 50,000 A Inland Marine BN965736 02/04/2023 02/04/2024 Equipment 49,800 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) For any and all work performed on behalf of Collier County. 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 included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E NAPLES, FL 34112 AUTHOR! EP ENTATIVE (RSM) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by RSM on 01/18/2024 at 02:02PM 16B 1 ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `,....---- 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 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 Regina Bunker NAME: Frank H.Furman,Inc. PHONE (954)943-5050 FAX (954)942-6310 (A/C,No,Ext): (A/C,No): 1314 East Atlantic Blvd. ADDRESS: g re ina furmaninsurance.corn P.O.Box 1927 INSURER(S)AFFORDING COVERAGE NAIC# Pompano Beach FL 33061 INSURER A: Houston Specialty Insurance Company 12936. INSURED INSURER B: Imperium Insurance Company 35408 Horsepower Electric Inc INSURER C: Bridgefield Casualty Ins Co 10335 8105 W 20th Ave INSURER D: Indian Harbor Insurance Company 36940 INSURER E: Hialeah FL 33014 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 AUULI,UBH POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 X XCU Broad Form PD MED EXP(Any one person) $ 5,000 A X Contractual Liability Applies Y Y CONHSGL000042700 07/16/2023 07/16/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PJEOT LOC 00000PRODUCTS-COMP/OPAGG $ , OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ - B OWNED SCHEDULED Y Y CON-IIC-CA-0000390-00 03/31/2023 03/31/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XHIRED -/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE CONHSCX000033500 07/16/2023 07/16/2024 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 1,000,000 C OFFICER/MEMBER EXCLUDED? N N/A Y 196-57732 03/31/2023 03/31/2024 E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ , DESCRIPTION OF OPERATIONS below 1000,000 Each Claim $2,000,000 Professional Liability&Contractors D Pollution Liability Y Y PEC005358205 02/04/2024 02/04/2025 Aggregate $2,000,000 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD