The URL can be used to link to this page

Home My WebLink AboutC2023-065 - Power TechContract No. 2023-065 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND POWER TECH CONTRACTING, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Power Tech Contracting, Inc., a(n) Arizona limited liability company the “Vendor”). RECITALS A. The Town issued a Request for Qualifications, RFP No. 2022-030 (“the RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing Traffic Signal Maintenance the (“Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date of execution and shall remain in full force and effect until March 1, 2024 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $357,250 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. The annual amount shall not exceed $71,450. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self- inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. a. General. i. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. ii. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. iii. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. iv. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. v. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. vi. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. vii. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. viii. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. ix. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. x. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: 1. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: a. Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. b. Auto Liability – Under ISO Form CA 20 48 or equivalent. c. Excess Liability – Follow Form to underlying insurance. 2. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. 3. All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. 4. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. b. Required Insurance Coverage. i. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. ii. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. iii. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. iv. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. c. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. a. For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. b. For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. c. Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. d. Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. e. Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. f. Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. a. Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. b. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. c. Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. d. Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. e. Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. f. Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. g. Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. h. Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. i. Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. j. Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. k. Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. l. Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. m. Offset. i. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. ii. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. n. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: Power Tech Contracting, LLC 380 E. Ray Rd. Gilbert, Az. 85296 Attn: Matt Allen or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. o. Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. p. Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. q. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. r. Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. s. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. t. Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. u. Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Linda Mendenhall, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Aaron Arnson (Apr 5, 2023 13:32 PDT) Aaron Arnson Rachael Goodwin (Apr 11, 2023 20:03 PDT) Rachael Goodwin “Contractor/Vendor/Consultant” ____________________________________, By: Name: Title: Power Tech Contracting, Inc., a(n) Arizona limited liability company Matthew J Allen (Mar 21, 2023 17:07 PDT) Matthew J Allen CEO EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND POWER TECH CONTRACTING, LLC [Consultant’s Proposal & Fee Schedule] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFP No. RFP-2022-030 Traffic Signal Maintenance Services RESPONSE DEADLINE: December 1, 2022 at 5:00 pm Report Generated: Thursday, December 15, 2022 Power Tech Contracting Proposal CONTACT INFORMATION Company: Power Tech Contracting Email: matt@powertechcontracting.com Contact: Matt Allen Address: 380 E Ray Rd Gilbert, AZ 85296 Phone: N/A Website: N/A Submission Date: Nov 30, 2022 3:18 PM PROPOSAL DOCUMENT REPORT RFP No. RFP-2022-030 Traffic Signal Maintenance Services PROPOSAL DOCUMENT REPORT Request for Proposals - Traffic Signal Maintenance Services Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* Pass The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* Pass It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* Pass It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connectio n with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process PROPOSAL DOCUMENT REPORT RFP No. RFP-2022-030 Traffic Signal Maintenance Services PROPOSAL DOCUMENT REPORT Request for Proposals - Traffic Signal Maintenance Services Page 3 with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection proc ess by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* Pass It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* Pass The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* Pass In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed PROPOSAL DOCUMENT REPORT RFP No. RFP-2022-030 Traffic Signal Maintenance Services PROPOSAL DOCUMENT REPORT Request for Proposals - Traffic Signal Maintenance Services Page 4 REFERENCE CHECKS* Pass References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. Confirmed 2. Vendor Proposal GENERAL INFORMATION* Pass A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the Proposal. C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that supports the Vendor’s authority to provide services in Arizona. D. Provide a general description of the Vendor’s organization, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last five years. Briefly describe the circumstances and the outcome. PROPOSAL DOCUMENT REPORT RFP No. RFP-2022-030 Traffic Signal Maintenance Services PROPOSAL DOCUMENT REPORT Request for Proposals - Traffic Signal Maintenance Services Page 5 F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly d escribe the circumstances and the outcome. RFP-2022-030_FH_-_Page_1.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* Pass A. Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town, specifically relating experience with respect to Traffic Signal Maintenance Services. B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. RFP-2022-030_FH_-_Page_2.pdf KEY POSITIONS* Pass A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed project manager and project staff. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. PROPOSAL DOCUMENT REPORT RFP No. RFP-2022-030 Traffic Signal Maintenance Services PROPOSAL DOCUMENT REPORT Request for Proposals - Traffic Signal Maintenance Services Page 6 C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. RFP-2022-030_FH_-_Page_3.pdf PROJECT APPROACH* Pass A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to contract management, including its perspective and experience on partnering, customer service, quality control, scheduling and staff. B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s Representatives. RFP-2022-030_FH_-_Page_4.pdfResumes.pdf CONTRACTOR LICENSE: SEE SCOPE (2.1) FOR REQUIREMENT* Pass Search_Result.pdfA_General_Engineering.jpgA17_License.jpg W9* Pass Please download the below documents, complete, and upload. • Form_W-9.pdf PROPOSAL DOCUMENT REPORT RFP No. RFP-2022-030 Traffic Signal Maintenance Services PROPOSAL DOCUMENT REPORT Request for Proposals - Traffic Signal Maintenance Services Page 7 2022_W9.pdf SCHEDULE A* Pass Please download the below documents, complete, and upload. • Schedule_A.pdf Schedule_A.pdf SCHEDULE B* Pass Please download the below documents, complete, and upload. • Schedule_B.pdf Schedule_B.pdf SCHEDULE C* Pass Please download the below documents, complete, and upload. • Schedule_C.pdf Schedule_C.pdf November 30, 2022 Public Works The Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: Traffic Signal Maintenance Services RFP-2022-030 To Whom it may Concern, We are pleased to submit the attached proposal for the Traffic Signal Maintenance Services RFP-2022-030, for the Town of Fountain Hills. We pride ourselves on our excellence in professional services that we offer including traffic signal and streetlight maintenance and installation. Our rapid response and expert knowledge has been proven in the streetlight industry. Customer service is given the highest priority and our crews are diversified, courteous, and clean cut. Some of the traits that set Power Tech Contracting apart from the competition are the following: ● Experts in Traffic Signal and Utility Industry ● Projects Completed on Time and Under Budget ● Extensive Experience with Arizona Municipalities ● Personalized service and 24/7 access to key personnel ● Customized mobile applications for Asset Management We appreciate the opportunity to participate in this process with the Town of Fountain Hills. We are excited about the experience and qualifications our team members bring, and are confident that we can introduce new levels of customer service while fulfilling the highest expectations of workmanship. Please feel free to contact me anytime at (480) 278-0541 cell or Mallen@PowerTechaz.com email. Respectfully, Matthew J. Allen Co-Founder Power Tech Contracting Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 1 GENERAL INFORMATION B. VENDOR IDENTIFICATION INFORMATION Power Tech Contracting, LLC (PTC) is a Phoenix area prime contractor. Our current address resides at 380 E Ray Rd, Gilbert AZ, 85296. PTC is an AZ Limited Liability Company, the Arizona Corporation Commission ID is #L17798760. PTC holds multiple licenses including a General Engineering A License # 295581 & Electrical and Transmission Lines A-17 License # 330935. PTC’s Ownership structure is as follows: Matthew Allen - Member, Justin Hatch - Member & Tim Conway Member. All 3 members are authorized to act on behalf of PTC Contact info for Proposal point of contact: Matt Allen 380 E Ray Rd Gilbert, AZ 85142 (480) 278-0541 matt@powertechcontracting.com C. LOCATION OF THE VENDOR’S OFFICE Principal office and local work office are located at 380 E Ray Rd, Gilbert AZ, 85296 Documentation that supports our authority to provide services in Arizona shall be uploaded in the form of our General Engineering and A17 licenses, included in Section 7.2.5 D. GENERAL DESCRIPTION OF THE VENDOR’S ORGANIZATION Our highly qualified team members bring 100+ years of combined electrical experience, with 25 of those years directly maintaining lighting systems. The Power Tech team is uniquely positioned to provide an unparalleled level of service, with experience in a variety of traffic signal technologies, including hands-on experience with the most up to date techniques and equipment in the industry. Our Company has successfully performed and holds numerous current municipal Traffic Signal and Streetlight maintenance-service contracts with the Town of Paradise Valley, Town of Fountain Hills, City of Casa Grande, City of Sedona, and the Town of Camp Verde. Power Tech Contracting as an organization has been in business for 10 years. E. CONTRACTS OR SUBCONTRACTS HELD BY THE VENDOR THAT HAVE BEEN TERMINATED WITHIN THE LAST FIVE YEARS Power Tech Contracting has not been terminated from any contract in the last five years. All contracts entered into have been fulfilled. F. CLAIMS ARISING FROM A CONTRACT WHICH RESULTED IN LITIGATION OR ARBITRATION WITHIN THE LAST FIVE YEARS. Power Tech Contracting has not entered into litigation or arbitration due to a contract in the last five years. Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 1 EXPERIENCE AND QUALIFICATIONS OF THE VENDOR A. PROVIDE A DETAILED DESCRIPTION OF THE VENDOR’S EXPERIENCE IN PROVIDING SIMILAR SERVICES TO MUNICIPALITIES OR OTHER ENTITIES OF A SIMILAR SIZE TO THE TOWN, SPECIFICALLY RELATING EXPERIENCE WITH RESPECT TO TRAFFIC SIGNAL MAINTENANCE SERVICES. Power Tech Contracting has serviced the traffic signals in Paradise Valley AZ (13 Signals) as well as providing additional services for the last seven years. The work we have done for the Town of Paradise Valley includes but is not limited to: Replacing entire control cabinets and meter pedestals, replacing signal heads, conversion from protected/permissive to a fully protected intersection, replacing UPS units, programming, and replacing controllers, installing, and adjusting video detection, repair of preemption systems, and recertification of MMUs. We also provide on-call emergency services and intersection upgrades as needed to agencies such as: Pinal County - On call and afterhours emergency response, assistance with special projects and upgrades. Assist with routine maintenance for approximately 32 intersections. The City of Casa Grande - After successfully deploying a GrisdSmart ITS system in October Power Tech entered a contract with the City of Casa Grande to provide an array of services including but not limited to, Traffic Signal maintenance, streetlight maintenance, Infrastructure upgrades, on- call and emergency response. The Town of Queen Creek - On-call and afterhours emergency response, assistance with special projects and upgrades. Assist with routine maintenance for approximately 72 intersections. The City of Tolleson - On-call and afterhours emergency response. B. VENDOR MUST DEMONSTRATE SUCCESSFUL COMPLETION OF AT LEAST THREE SIMILAR PROJECTS WITHIN THE PAST 60 MONTHS. FOR THE PURPOSE OF THIS SOLICITATION, “SUCCESSFUL COMPLETION” MEANS COMPLETION OF A PROJECT WITHIN THE ESTABLISHED SCHEDULE AND BUDGET AND “SIMILAR PROJECTS” RESEMBLE THIS PROJECT IN SIZE, NATURE AND SCOPE. PROVIDE A LIST OF AT LEAST THREE ORGANIZATIONS FOR WHICH YOU SUCCESSFULLY COMPLETED A SIMILAR PROJECT . THIS LIST SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION: 1. NAME OF COMPANY OR ORGANIZATION. 2. CONTACT NAME. 3. CONTACT ADDRESS, TELEPHONE NUMBER AND E-MAIL ADDRESS. 4. TYPE OF SERVICES PROVIDED. Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 2 5. DATES OF CONTRACT INITIATION AND EXPIRATION. 1. Town of Paradise Valley Traffic Signal Maintenance Contract Project Description: This contract includes monthly maintenance of all traffic signal components, including cabinet, luminaries, led indicators and cameras. Each Month technicians visit each of the intersections in the Town of Paradise Valley and perform a monthly inspection. This includes inspecting and verifying that components are performing within proper parameters and specifications. This contract also includes emergency callouts for signal malfunctions, storm damage or knockdowns. Project Role: Prime Contractor Project Costs: 210,000.00 Project Dates: 6/15/2015 - Present (Ongoing) Project Owner: The Town of Paradise Valley Project References: Brent Skoglund 602-214-1154 (Bskoglund@paradisevalleyaz.gov), Jerry Cooper 480-797-2063 (Jcooper@paradisevalleyaz.gov) 2. Town of Fountain Hills Traffic Signal Maintenance Contract Project Description: This contract includes monthly maintenance of all traffic signal components, including cabinet, luminaries, led indicators and cameras. This contract also includes emergency call-outs for signal malfunctions, storm damage or knockdowns. Project Role: Prime Contractor Project Costs: 385,800.00 Project Dates: 6/15/2015 - Present (Ongoing) Project Owner: The Town of Fountain Hills Project References: Justin Weldy 602-721-2646 (Jweldy@fh.az.gov), Jeff Pierce 480-816-5129 (Jpierce@fh.az.gov) 3. City of Tolleson Traffic Signal Emergency Call-Out Contract Project Description: On-Call emergency response. This contract also includes emergency call-outs for streetlight pole or traffic signal malfunctions, storm damage or knockdowns. Project Role: Prime Contractor Project Costs: 140,000.00 Project Dates: 6/15/2017 – 11/1/2022 Project Owner: The City of Tolleson Project References: Mike Marquez 480 258 1016 (Mmarquez@tollesonaz.org), Jamie McCracken 623-238-2984 (Jmccracken@tollesonaz.org) Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 1 KEY POSITIONS A. IDENTIFY EACH KEY PERSONNEL MEMBER THAT WILL RENDER SERVICES TO THE TOWN INCLUDING TITLE AND RELEVANT EXPERIENCE REQUIRED, INCLUDING THE PROPOSED PROJECT MANAGER AND PROJECT STAFF Power Tech Contracting’s 3 core values are Build, Learn, Serve. Each of the 3 Founders are focused on one of the values to focus their efforts and ensure that we are the best partner for the municipalities that we contract with. Matt Allen - Build - Matt’s focus is on building, building the team, continuously looking for the best and brightest talent to join the team. Building and maintaining relationships and partnerships with municipalities, clients, and suppliers to ensure that the level of service is unmatched. Matt is involved with contract inception and works with Jay to sync on a weekly basis to ensure that contract obligations are met and that we are looking for ways to add additional value to our partners. Justin Hatch - Learn - Justin’s primary responsibilities include identifying and deploying training opportunities and continuing education opportunities for our team and our partners. This is achieved by looking at new technologies and constantly looking at operation efficiencies to improve the overall customer experience. Justin is involved with numerous industry organizations including IMSA, ITE Arizona and IES. Tim Conway - Serve - Tim’s primary responsibility is community outreach and working with municipalities and nonprofit organizations to coordinate and organize service projects and volunteer opportunities as a way to give back to the community. Power Tech has sponsored many volunteer opportunities and believes that is an essential part of improving and being involved with the communities that we contract with. He will have a limited role in this contract. Jay Hatch – VP of Signals - Jay’s primary responsibilities will be the main contact for day- to-day operations and activities. Jay oversees all aspects of the traffic signal operations for PTC he has extensive knowledge and experience with traffic signal maintenance and troubleshooting. He is actively involved with industry organizations such as IMSA & ITE AZ to stay on top of the latest industry trends and keep expanding his knowledge base. Max Hatch – VP of Lighting - Max’s primary responsibilities are the day-to-day operations for all of our Streetlight projects. He schedules the technicians and directs them to the highest priority areas and cases. He works closely with all of the city inspectors to ensure quality and timely service. Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 2 Austin Trampp - Superintendent – Austin’s primary responsibility is field quality control. For any complicated issues or questions about and unusual situation, Austin can handle it. He is also in charge of revising the field procedures should it be needed. Porter Hamblin - Foreman - Porter is responsible for the Boom truck operation and the placement of all new Streetlight pole installations. He follows procedure and ensures that every installation is completed to the highest quality. Shawn Willis - Technician – At Power Tech, all of our technicians are versatile in their duties and abilities. Each of them is IMSA Work Zone certified and are competent in working with electricity. In Fountain Hills, they will all be taking carful instructions from an on-site supervisor who has experience with the task at hand. Chance Hancock - Technician - At Power Tech, all of our technicians are versatile in their duties and abilities. Each of them is IMSA Work Zone certified and are competent in working with electricity. In Fountain Hills, they will all be taking carful instructions from an on-site supervisor who has experience with the task at hand. B. INDICATE THE ROLES AND RESPONSIBILITIES OF EACH KEY POSITION. INCLUDE SENIOR MEMBERS OF THE VENDOR ONLY FROM THE PERSPECTIVE OF WHAT THEIR ROLE WILL BE IN PROVIDING SERVICES TO THE TOWN. Tim Conway – Community Service Liaison (limited role in this contract) Justin Hatch - Operations Matt Allen – Operations and Purchasing Jay Hatch - Oversee all field operations and day to day requests of Traffic Signal Items Max Hatch - Oversee all field operations and day to day requests of Streetlight Items Austin Trampp - Superintendent Porter Hamblin - Foreman Shawn Willis - Field Technician Chance Hancock - Field Technician C. IF A SUBCONTRACTOR WILL BE USED FOR ALL WORK OF A CERTAIN TYPE, INCLUDE INFORMATION ON THIS SUBCONTRACTOR. INCLUDE A DETAILED PLAN FOR PROVIDING SUPERVISION. We foresee that the majority of the work in this contract will be performed internally. When specific situations require a subcontractor such as underground boring or traffic control, our selection process is based on our own experience guidelines. Those guidelines are focused on utilizing qualified business partners, SBE firms first, who have a reputation for performance, consistency, and balanced value. We select subcontractors in a face-to-face process that establishes a solid determination of past performance, and historical reputation of the principals, in Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 2 conjunction with consistent follow-up on referral resources. Power Tech understands that we are the face of the Town during maintenance functions and that reflection also comes back from the contractors that we select as business partners. Price and performance must always balance in order to ensure good value and consistent results. Any time that we have a subcontractor performing work on our behalf a manager or higher will be onsite to coordinate and oversee all work performed. D. ATTACH A RÉSUMÉ AND EVIDENCE OF CERTIFICATION, IF ANY, FOR EACH KEY PERSONNEL MEMBER AND/OR SUBCONTRACTOR TO BE INVOLVED IN THIS PROJECT. RÉSUMÉS SHOULD BE ATTACHED TOGETHER AS A SINGLE APPENDIX AT THE END OF THE PROPOSAL AND WILL NOT COUNT TOWARD THE PROPOSAL PAGE LIMIT. HOWEVER, EACH RESUME SHALL NOT EXCEED TWO PAGES IN LENGTH. Résumés have been attached separately via the portal. Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 1 PROJECT APPROACH A. DESCRIBE THE VENDOR’S APPROACH TO PERFORMING THE REQUIRED SERVICES IN THE SECTION TITLED SCOPE OF WORK, AND ITS APPROACH TO CONTRACT MANAGEMENT, INCLUDING ITS PERSPECTIVE AND EXPERIENCE ON PARTNERING, CUSTOMER SERVICE, QUALITY CONTROL, SCHEDULING AND STAFF. As a key partner with the Town, we understand that a professional relationship mandates consistent communication, close cooperation, and mutual respect between the parties. Each party has specific and joint responsibilities that progress toward accomplishing a common goal. Our primary goal is to always exceed the expectations of proper maintenance execution. In addition to working with the Town it is also vital that we maintain a professional partnership with the equipment providers, such as Econolite, EDI and Iteris. Over the past seven years Power Tech Contracting has worked closely with the Town to develop best practices to grow and improve the Traffic Signal infrastructure for the Town of Fountain Hills. Some of the results of this partnership include: Asset Management via a custom mobile application, upgrades to the uninterruptable power supply inverters, and scheduled replacements for key components. Partnering is critical in any successful venture. PTC understands the importance of developing strong relationships with all possible representatives from the Town who might be assigned to a project. Our approach across the company is focusing on joint effort to accomplish the objective as opposed to just looking at the profit margin only. A true partnership requires a high level of communication across the board when there is a breakdown on a project it has typically resulted from a breakdown in communication. As such PTC personnel are available 24/7 to ensure the highest level of communication and customer service. Customer Service is top priority for Power Tech Contracting. Our main goal whenever we get a phone call from Town staff with a problem is to say, “Don’t worry about it, we can take care of that!”. We are results oriented and we tend to not be problem finders, but solution achievers. If a problem arises in any sized project, our goal is not to put the problem back on the Town, but to give the Town the best options possible. Quality Control has enabled PTC to take responsibility and pride in every aspect of the job being performed. Each individual involved takes ownership of the task at hand which has been invaluable to successful job completion. Being able to communicate with the field in real time provides information regarding project status and details. Once a project is completed, inspectors will have necessary information to inspect the work and verify resources used. Further, PTC is active in staying up to date on new technology and testing new products. Our technicians are detail oriented. Town of Fountain Hills Traffic Signal Maintenance Services RFP-2022-030 Page 2 Scheduling is typically done upon receipt of a project from the Town. If it is an emergency or urgent situation, Power Tech will ensure that a technician or qualified personnel will drop what they are doing to attend to the situation. If the project is not urgent, we will typically schedule the work to be completed in a day or two from notice. Expected schedule is always communicated to the Town representative and upon completion of the project we inform the same individual. The project manager who receives the project is ultimately responsible for the timely and correct completion of the project. Staff at Power Tech is quality oriented. Prior to hiring, each employee undergoes a thorough background check, and motor vehicle violations are researched for any drivers. All employees are subject to drug testing and all new employees undergo thorough safety training prior to commencing work in the field. Additionally, all personnel are provided top safety equipment and trained on the usage of such equipment. Further, ongoing training is provided to all personnel as well as the performance of impromptu safety checks. The safety of all individuals in and around our work zones is taken seriously. OSHA safety guidelines are followed and reviewed on a weekly basis. B. DESCRIBE ANY ALTERNATE APPROACHES IF IT IS BELIEVED THAT SUCH AN APPROACH WOULD BEST SUIT THE NEEDS OF THE TOWN. INCLUDE RATIONALE FOR ALTERNATE APPROACHES AND INDICATE HOW THE VENDOR WILL ENSURE THAT ALL EFFORTS ARE COORDINATED WITH THE TOWN’S REPRESENTATIVES. The only alternate approach that Power Tech Contracting would consider would be to subcontract some services if we feel that our skill set is not adequate or if the Town’s representative is unsatisfied with our initial performance. In the eventuality this alternative approach is needed, we will obtain written permission from a Town representative that a subcontractor is authorized to perform the service, and we would of course be taking operational responsibility for the project. APPENDIX Résumés (480) 239-0999 Gilbert, Arizona jay@powertechcontracting.com powertechcontracting.com PROFILE Senior Traffic Signal Technician and project manager. I have worked in a variety of city lighting areas, with several different types of equipment. Due to my wide exposure in different municipalities, I have a good handle on the industry, and what hardware is generally the most reliable. I can deploy any new system or repair any non-functioning intersection. CERTIFICATIONS IMSA: Work Zone Safety Traffic Signal Level III KEY SKILLS ●Electrical Troubleshooting ●Econolite Controller Programming ●Utility Location ●New Device Installation ●Detection Systems Jay Hatch VP of Signals PROFESSIONAL EXPERIENCE VP of Signals / Traffic Signal Specialist Power Tech Contracting, Arizona 2015 – Present ●Obtained Highest IMSA certification as it pertains to Traffic Signals ●Principal point of contact for several Traffic Signal contracts including Paradise Valley, Pinal County, Queen Creek, Casa Grande, Sedona, and Camp Verde ●Became familiar with and assisted in the implementation of an adaptive coordination traffic system. ●Doubled the number of Traffic Signal contracts held by Power Tech Contracting. Customer Care Specialist The Results Companies, Provo, Utah 2014 – 2015 ●Moved up through the ranks of customer care very quickly due to my attentive and hardworking nature. ●Assisted customers with a variety of problems and was qualified to handle sensitive information such as SS numbers and credit card information. ●Trained a number of new hires that became successful agents. (480) 290-0881 Gilbert, Arizona jhatch@powertechaz.com powertechcontracting.com PROFILE Co-Founder and Partner Owner of Power Tech Contracting. In my time since founding Power Tech Contracting, we have obtained several maintenance contracts with local municipalities across Arizona. I have leadership and work experience across every level of Power Tech. I make sure that our clients are prioritized and that the job gets done. EDUCATION / CERTIFICATIONS IMSA: Work Zone Safety Traffic Signal Level I Roadway Lighting Level I Eastern Arizona College Associate of Applied Science in Automotive Mechanics December 1993 Justin Hatch Co-Founder PROFESSIONAL EXPERIENCE Co-Founder Power Tech Contracting, Gilbert 2014 – Present ●Director of Operations for City of Phoenix Roadway Lighting ●Quality Control Supervisor ●Shipping and Product management ●Develop Customer Service program to increase client satisfaction ●Facilities Supervisor Project Manager Fluoresco, Phoenix 2011 – 2013 ●Project Manager for the City of Phoenix APS Service Area ●Responsible for quality control for all maintenance operations ●Strengthened communication with citizens calling in requests for streetlight repairs ●Fielded calls from city personnel and PD for emergency situations requiring immediate attention ●Resolved issues with unsatisfied citizens and found solution to appease all parties involved ●Worked closely with City of Phoenix personnel to address issues involving maintenance, billing or special projects ●Worked closely with APS personnel to address issues that arose in the field including replacement and power issues Working Supervisor Republic ITS, Mesa 2009 – 2011 ●Responsible for maintaining traffic signals in the Towns of Paradise Valley, Sedona & El Mirage, AZ. ●Responsible for overseeing servicing and maintaining 40,000 streetlights for the City of Phoenix. ●Project management experience include creating and working within budgets and meeting deadlines. ●Managed customer accounts, analyzed financial statements and budgets. ●Strengthen communication and leadership skills by interaction with customers daily. ●Create and maintain working relationships with municipalities, vendors, and utility companies. ●IMSA Traffic Signal Level 2 Certified Traffic Signal Tech Electrician/Foreman Schlink Electric, Gilbert 1992 – 2016 ●Rough-in electric wiring for new home/commercial construction ●Commercial phase construction projects wiring and switch gear installation ●Install/Trouble shoot outdoor/parking lot lighting ●Foreman/Supervisor responsible for installing electrical systems per spec/drawings ●Oversee installation of underground utilities Electrician Spartan Electric, Gilbert 1986 – 1988 ●Installed electrical systems in commercial, residential, and industrial buildings ●Worked thru apprentice on electrical system installation on commercial and industrial projects (480) 278-0541 Gilbert, Arizona matt@powertechcontracting.com powertechcontracting.com PROFILE Co-Founder and Partner Owner of Power Tech Contracting. My background is in Administration and Accounting, and these are the strengths that I bring to Power Tech. Growing the company and bringing our services to more local agencies is my principal goal. CERTIFICATIONS IMSA: Work Zone Safety Traffic Signal Level II Roadway Lighting Level I Matthew Allen Co-Founder PROFESSIONAL EXPERIENCE Co-Founder Power Tech Contracting, Gilbert 2014 – Present ●Responsible for all accounting & business development activity. ●Work closely with City of Phoenix officials to streamline work orders and prioritize urgent issues. ●Responsible for timely month-end close, financial statement preparation, and financial reporting. ●Analytical presentations as well as RFP and RFQ preparation. ●Devised and implemented collection processes and procedures to reduce the delinquency of AR ●Identified inconsistencies, variances, and trends improve profitability in each municipality. ●Developed and implemented budgeting and forecasting processes across all divisions. Senior Accountant Tri-City Cardiology Consultants, Mesa 2014 – 2015 ●Responsible for timely month-end close, financial statement preparation, and financial reporting. ●Assisted CEO & COO with analytical presentations as well as RFP and RFQ preparation. ●Identified inconsistencies, variances, and trends improve profitability in each market. ●Special projects to determine cost effectiveness of current and potential medical suppliers. ●Developed and implemented budgeting and forecasting processes across all companies. ●Devised and implemented collection processes and procedures to reduce the delinquency of AR 2012 – 2014 EDUCATION W.P. Carey School of Business, ASU Bachelor of Science in Finance August 2011 Controller RM Interiors & Design Inc, Mesa ●Responsible for all accounting activity in 12 companies, across 9 states. ●Responsible for timely month-end close, financial statement preparation, and financial reporting. ●Assisted CEO & COO with analytical presentations as well as RFP and RFQ preparation. ●Identified inconsistencies, variances, and trends improve profitability in each market. ●Developed and implemented budgeting and forecasting processes across all companies. ●Created systems for submitting sales tax reports timely and accurately. ●Devised and implemented collection processes and procedures to reduce the delinquency of AR Streetlight / Traffic Signal Technician Siemens, Phoenix 2009 – 2012 ●Responsible for maintaining traffic signals in the Towns of Paradise Valley, Sedona & El Mirage, AZ. ●Responsible for overseeing servicing and maintaining 40,000 streetlights for the City of Phoenix. ●Project management experience include creating and working within budgets and meeting deadlines. ●Managed customer accounts analysed financial statements and budgets. ●Strengthen communication and leadership skills by interaction with customers daily. ●Create and maintain working relationships with municipalities, vendors, and utility companies. ●IMSA Traffic Signal Level 2 Certified Traffic Signal Tech (480) 299-1638 Gilbert, Arizona tconway@powertechaz.com powertechcontracting.com PROFILE Co-Founder and Partner Owner of Power Tech Contracting. I bring over 25 years of experience in the industry to Power Tech and ensure that best practices are taught and followed. Quality service and workmanship have been my guiding principles in every endeavour. CERTIFICATIONS IMSA: Work Zone Safety Traffic Signal Level II Roadway Lighting Level II Licenses: General Contractor Journeyman Electrician Timothy Conway Co-Founder PROFESSIONAL EXPERIENCE Co-Founder Power Tech Contracting, Gilbert AZ 2014 – Present ●Charity Outreach and Community Projects manager ●Business Development for Commercial Operations ●Lighting and Traffic Signal Training Traffic Signal / Streetlight Manager Republic ITS / Siemens, Mesa AZ 2008 – 2014 ●Manager of streetlight and traffic signals contract for City of Phoenix and other cities in Arizona. ●Supervise and schedule the employees in their daily responsibilities. ●On-call responsibilities for knock downs of streetlights and traffic signal problems. ●Maintained significant profit margins for the company and worked within budget requirements. Company Owner Applegate Homes, Queen Creek AZ 2004 – 2008 ●Founded Applegate Homes in 2004, built 13 homes by 2005 ●Purchased subdivided 17 acres,installed underground utilities, built home paved roads. ●Deal directly with Maricopa Co.,SRP,Queen Creek Water,AT&T, inspectors and customers. Traffic Signal Tech / Inspector City of Mesa, Mesa AZ 1996 – 2004 ●Traffic Signal Inspector / Journeyman Electrician ●Install, inspect, and maintain traffic signal systems. ●Supervised sub-contractors for various projects. ●Maintain and program controllers and monitors. ●Run diagnostics for AC and DC in traffic signal systems. Traffic Signal Tech/Journeyman Salt Lake County, Salt Lake City UT 1991 – 1996 ●Traffic Signal / Journeyman Electrician ●Designed and constructed traffic signal systems throughout the county. ●Installed and maintained street lighting in cooperation with Utah Power and Light. ●As journeyman lineman,modify antiquated street light systems to meet new standards. ●Maintain, program, and troubleshoot controllers and monitors. Electrician National Lighting, Mesa AZ 1989 – 1991 ●Produced licenses,permits required for the development of the business. ●Advertised and developed an extensive customer base. ●Scheduled appointments,and assisted customers with electrical design. ●Presented estimates,placed material orders,installed electrical systems and billed customers. Electrician Chuck’s Lighting, Mesa AZ 1987 – 1989 ●Service Electrician ●Commercial and residential electrical maintenance. ●Service lighting systems. ●Troubleshoot electrical problems. Electrician Schlink Electric, Mesa AZ 1983 – 1987 ●Apprentice Electrician ●New residential and commercial electrical construction. ●Troubleshoot electrical services. 3 RESULTS AS OF 2022-11-15 3:42 PM FROM YOUR SEARCH FOR: NAME : "Power Tech Contracting"* * EXPORT LIST RESULTS MIGHT NOT MATCH CONTRACTOR SEARCH RESULTS EXACTLY DUE TO RESTRICTIONS IN THE DATABASE QUERY. Business Name License No Classification Type Classification Status City State Zip Phone More Info Power Tech Contracting LLC ROC 295581 General Commercial A General Engineering Active Chandler Heights AZ 85127 480-442-3783 More Info Power Tech Contracting LLC ROC 284823 General Residential B General Residential Contractor Active 480-442-3783 More Info Power Tech Contracting LLC ROC 330935 General Commercial A-17 Electrical and Transmission Lines Active 480-442-3783 More Info Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Power Tech Contracting, LLC 4 S 380 E Ray Rd Gilbert, AZ 85296 4 6 1 0 2 5 1 3 3 Form W-9 (Rev. 10-2018)Page 2 By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2018)Page 3 Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. IF the entity/person on line 1 is a(n) . . . THEN check the box for . . . • Corporation Corporation • Individual • Sole proprietorship, or • Single-member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. Individual/sole proprietor or single- member LLC • LLC treated as a partnership for U.S. federal tax purposes, • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes. Limited liability company and enter the appropriate tax classification. (P= Partnership; C= C corporation; or S= S corporation) • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9 (Rev. 10-2018)Page 4 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for . . .THEN the payment is exempt for . . . Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev. 10-2018)Page 5 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account:Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint account) other than an account maintained by an FFI The actual owner of the account or, if combined funds, the first individual on the account1 3. Two or more U.S. persons (joint account maintained by an FFI) Each holder of the account 4. Custodial account of a minor (Uniform Gift to Minors Act) The minor2 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law The grantor-trustee1 The actual owner1 6. Sole proprietorship or disregarded entity owned by an individual The owner3 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) The grantor* For this type of account:Give name and EIN of: 8. Disregarded entity not owned by an individual The owner 9. A valid trust, estate, or pension trust Legal entity4 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation 11. Association, club, religious, charitable, educational, or other tax- exempt organization The organization 12. Partnership or multi-member LLC The partnership 13. A broker or registered nominee The broker or nominee For this type of account:Give name and EIN of: 14. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity 15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B)) The trust 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Form W-9 (Rev. 10-2018)Page 6 The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027. Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 23 TRAFFIC SIGNAL MAINTENANCE SERVICES COST PROPOSAL SCHEDULE “A” FLATRATE MAINTENANCE SCHEDULE TRAFFIC SIGNAL PREVENTIVE MAINTENANCE – FLAT RATE: Preventive maintenance at a "Flat Rate" amount per Intersection for those signalized intersections listed in this Solicitation regardless of facilities: $ . . Note: There are currently 13 signalized intersections maintained by the Town of Fountain Hills. Each intersection will be PM every other month, 6 times per year. Underground Service Marking - FLAT RATE: Underground Service Marking at a "Flat Rate" amount per occurrence: $ . . Special Note: The flat rate fee per intersection represents total compensation for all labor and materials necessary to provide routine "Preventive Maintenance" work as described herein; and for assigning traffic signal technicians as necessary to provide routine preventive maintenance, and to respond to unscheduled/emergency/work 275 00 350 00 24 TRAFFIC SIGNAL MAINTENANCE SERVICES COST PROPOSAL SCHEDULE "B" LABOR SCHEDULE UNSCHEDULED/EMERGENCY WORK ("EXTRA WORK"): The position titles and descriptions listed hereon may not accurately reflect the position titles and descriptions of employees of your firm. For those positions that are not employed by your firm, cross out and mark as "NIA" to indicate that the position is not applicable to the services to be provided by your firm. Hourly Straight Time Hourly Overtime Operations Superintendent All repair work, both field and laboratory, subject to his approval and direction $ . . $ . . Engineering Technician Provides liaison, assist traffic engineer on systems and provides technical data. $ . . $ . . Crew Leader Primary duties are to field troubleshoot and repair field wiring, cabinet wiring, controllers, and perform routine duties of Preventive maintenance. $ . . $ . . Traffic Signal Technician – Field Primary duties are to field troubleshoot and repair field wiring, cabinet wiring, controllers, and perform routine duties of Preventive maintenance. $ . . $ . . Traffic Signal Technician – Laboratory Performs complete repair and maintenance of all controllers, detectors, and associated device that are brought from the field for repairs. $ . . $ . . Traffic Signal Person Primary duties are as directed by lead person in assisting field technicians and accomplishing preventive maintenance procedures as directed. $ . . $ . . Traffic Signal Laborer Primary duties are to assist the signalman and crew in knockdown repairs and modifications as directed. $ . . $ . . Special Note: The flat rate fee per intersection represents total compensation for all labor and materials necessary to provide routine "Preventive Maintenance" work as described herein; and for assigning traffic signal technicians as necessary to provide routine preventive maintenance, and to respond to unscheduled/emergency/work 135.00 202.50 135.00 202.50 125.00 187.50 125.00 187.50 125.00 187.50 95.00 125.00 95.00 125.00 25 TRAFFIC SIGNAL MAINTENANCE SERVICES COST PROPOSAL SCHEDULE “C” VEHICLE AND EQUIPMENT SCHEDULE UNSCHEDULED/EMERGENCY WORK (“EXTRA WORK”) The vehicles and equipment listed hereon may not accurately reflect the rolling stock used by your firm. For those vehicles and equipment that are not used by your firm, cross out and mark as “N/A” to indicate that the vehicle or equipment is not available or necessary for the services provided by your firm. PERSONNEL VEHICLE $ . per Hour PICKUP TRUCK $ . per Hour SERVICE TRUCK $ . per Hour SERVICE/LADDER TRUCK $ . per Hour BOOM/LADDER TRUCK $ . per Hour PAINT RIG TRUCK $ . per Hour TELSTA TRUCK (Hydraulic type – man lift) $ . per Hour AIR COMPRESSOR $ . per Hour Any equipment not listed will be charged per the agreed to equipment rates. The Town of Fountain Hills will pay a maximum travel time of one hour in each direction. Material Mark-Up Material mark-up will not exceed % of supplier's invoice price (cost) that will be furnished to the Town of Fountain Hills in any cost proposal for unscheduled/emergency work ("Extra Work"), or upgrades. 135.00 202.50 135.00 202.50 125.00 187.50 125.00 187.50 30 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND POWER TECH CONTRACTING, LLC [Quote or Work Order] See following pages.