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Agenda 03/22/2022 Item #16C3 (Contract #19-7592 Building Automation Energency Management Services)03/22/2022 EXECUTIVE SUMMARY Recommendation to approve proposal No. 9723, under Contract No. 19-7592, Building Automation Energy Management Services, from Juice Technologies, Inc. d/b/a Plug Smart, and authorize the issuance of a Purchase Order in the amount of $307,017.50, to replace the proprietary N2 Johnson Controls Metasys Building Automation System with new BACnet Reliable Controls at the Collier County Sheriff’s Office (“CCSO”) Jail (J1) building at the Collier County Government Center. (Project No. 50221). OBJECTIVE: To replace the existing proprietary N2 Johnson Controls Metasys Building Management System for the HVAC systems at the CCSO Jail (J1) building with new BACnet open protocol Reliable Controls. CONSIDERATIONS: BACnet is a communication protocol for Building Automation and Control networks designed to allow communication of building automation and control systems that meet American National Standards Institute (“ANSI”) and International Standards Organizations (“ISO”) standards. The Board approved Building Automation Energy Management Services Agreement No.19- 7592 (the “Agreement”) on April 28, 2020 (Agenda No. 16.C.9), awarding it to Juice Technologies, Inc. d/b/a Plug Smart (“Plug Smart”) as the primary vendor. Plug Smart is a North Naples based company founded in 2008 with headquarters in Columbus, Ohio and has been a reliable vendor with Collier County on multiple previous and ongoing projects. On December 2, 2020, the Infrastructure Surtax Citizen Oversight Committee approved the Reliable Building Automation Upgrades, which included the replacement of the N2 Johnson Controls Metasys Building Management System. On January 11, 2022, the Facilities Management Division received a Time and Materials Not to Exceed proposal under the terms and conditions of Agreement from Plug Smart for the CCSO Jail (J1) building in the amount of $307,017.50. Under the Agreement, proposals more than $200,000 must receive Board approval to issue a Purchase Order. Staff is also attaching its Cost Reasonableness memorandum, which analyzes the price quoted by Plug Smart based on a comparison of price components against established market prices, such as labor rates, dollars per square foot, etc., to justify the reasonableness of the quoted price. Using industry st andards of square footage and equipment costs, staff determined the proposal to be fair and reasonable (staff’s component price estimate was $305,000) and recommends approving a Purchase Order to Plug Smart in the amount of $307,017.500. Payment and Performance Bonds will be obtained upon Board approval and prior to the issuance of the Purchase Order as required by Section 22.A. of the Contract. FISCAL IMPACT: Funding in the amount of $307,017.50 is available in Infrastructure Sales Tax Fund (318), under the Reliable Building Automation System Upgrades Project No. 50221. Source of funding is surtax. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. RECOMMENDATION: To approve proposal No. 9723, under Agreement No. 19-7592, Building 16.C.3 Packet Pg. 565 03/22/2022 Automation Energy Management Services, from Juice Technologies, Inc. d/b/a Plug Smart, and to authorize the issuance of a Purchase Order by staff in the amount of $307,017.50. Prepared By: John McCormick, PE, Principal Project Manager, Collier County Facilities Management Division ATTACHMENT(S) 1. PlugSmart Proposal (PDF) 2. 19-7592 JuiceTech. Agreement-dba-PlugSmart_Amendt#1_FullyExecuted (PDF) 3. [Linked] 19-7592 Juice Technologies_Contract (PDF) 4. Cost Reasonableness Packet CCSO-J1 revised (PDF) 5. Surtax Checklist (PDF) 16.C.3 Packet Pg. 566 03/22/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 21413 Item Summary: Recommendation to approve proposal No. 9723, under Contract No. 19-7592, Building Automation Energy Management Services, from Juice Technologies, Inc. d/b/a Plug Smart, and authorize the issuance of a Purchase Order in the amount of $307,017.50, to replace the propr ietary N2 Johnson Controls Metasys Building Automation System with new BACnet Reliable Controls at the Collier County Sheriff's Office ("CCSO") Jail (J1) building at the Collier County Government Center. (Project No. 50221). Meeting Date: 03/22/2022 Prepared by: Title: – Facilities Management Name: Paula Brethauer 02/15/2022 9:25 AM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 02/15/2022 9:25 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 02/15/2022 3:17 PM Procurement Services Sandra Herrera Additional Reviewer Completed 02/25/2022 3:14 PM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 03/02/2022 5:56 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/08/2022 1:51 PM Facilities Management Ed Finn Director - Facilities Completed 03/08/2022 6:54 PM Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/08/2022 3:44 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/10/2022 10:10 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/10/2022 11:24 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/10/2022 4:30 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/11/2022 9:22 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/14/2022 10:10 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/16/2022 6:40 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM 16.C.3 Packet Pg. 567 1 Plug Smart Job #9723 Job Reference Naples Jail (J1) N2 Replacement Requested By John McCormick Region Florida - Controls Proposal #9723 Proposal Date 11 Jan 2022 Expiry Date 11 Aug 2022 Reference Naples Jail (J1) N2 Replacement Sales person Darrick Hatch Plug Smart - an AMERESCO company 640 Lakeview Plaza Blvd. Suite J Worthington Ohio 43085 2398772515 Billing Collier County Board of Supervisors / Collier County Facilities 3335 Tamiami Trail E, Naples Florida 34112 Site Address Building J1 3319 Tamiami Trail E Naples FL 34112 # Item & Description Amount 1 Description Replacement of the N2 proprietary Johnson Controls BMS system with new BACnet Reliable Controls. (4) EXISTING Air Handler Roof Top Units Furnish and install necessary Reliable Controls controllers, relays, sensors, etc… to meet sequences of operation. (3) EXISTING Air Handler Units Furnish and install necessary Reliable Controls controllers, relays, sensors, etc… to meet sequences of operation. (32) EXISTING Exhaust Fans Controller Status for 32 Exhaust Fans. (7) EXISTING VAV Boxes with Reheat Furnish and install necessary Reliable Controls controllers, relays, sensors, etc… to meet sequences of operation. (10) EXISTING VFD integrations Graphics, Trending, Alarming for 10 existing BACnet VFDs Low voltage cabling, as needed New graphics for each building Thermostats, VOC Sensors, Temp / Humidity, CO2 sensors, and Occupancy Sensors Trending / alarming of critical items Customer Onsite Training IAQ sensors tied into IAQ Dashboard Includes Payment and Performance Bond Project setup and staging Estimated Material $37,261.36 + 10% = $40,987.50 Estimated Labor Project Manager hours: ($140x202 = $28,280) Network Engineer hours: 307,017.50 PROPOSAL 16.C.3.a Packet Pg. 568 Attachment: PlugSmart Proposal (21413 : CCSO Jail (J1) - Reliable Building Automation Upgrades) 2 Sub Total 307,017.50 Total $307,017.50 Thank you for the opportunity to provide you with an estimate! Pricing does not include Freight or Sales Tax unless displayed. #Item & Description Amount ($135x170 = $22,950) Lead System Specialist hours: ($125x665 = $83,125) Controls Tech hours: ($115x1145 = $131,675) Terms & Conditions Per the BAEMS Contract #19-7592, Time and Material not to exceed $307,017.50 Authorized Signature 16.C.3.a Packet Pg. 569 Attachment: PlugSmart Proposal (21413 : CCSO Jail (J1) - Reliable Building Automation Upgrades) DocuSign Envelope ID: D218EE4B-78DC-4E51-93C9-6EF248A82A0B16.C.3.bPacket Pg. 570Attachment: 19-7592 JuiceTech. Agreement-dba-PlugSmart_Amendt#1_FullyExecuted (21413 : CCSO Jail (J1) - Reliable Building Automation DocuSign Envelope ID: D218EE4B-78DC-4E51-93C9-6EF248A82A0B4/23/2021Sally Ashkar16.C.3.bPacket Pg. 571Attachment: 19-7592 JuiceTech. Agreement-dba-PlugSmart_Amendt#1_FullyExecuted (21413 : CCSO Jail (J1) - Reliable Building Automation DocuSign Envelope ID: D218EE4B-78DC-4E51-93C9-6EF248A82A0B16.C.3.bPacket Pg. 572Attachment: 19-7592 JuiceTech. Agreement-dba-PlugSmart_Amendt#1_FullyExecuted (21413 : CCSO Jail (J1) - Reliable Building Automation ►� .1�► Va ft ►�`i11i1uI Date. May 7, 2020 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #19-'7592 "Multi -Contractor Award —Building Automation Energy Management Services" Contractor: Juice Technologies, Inc. Attached for your records is an original of the referenced document above, (Item #16C9) adopted by the Board of County Commissioners on Tuesday, April 28, 2020. The Board's Minutes &Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment MULTI -CONTRACTOR AWARD AGREEMENT # 19-7592 foI Building Automation Energy Management Services THIS AGREEMENT, made and entered into on this 990 day of 20)05 by and between Juice Technologies, Inc. D/B/A Plug Smart , authorized to do business in the State of Florida, whose business address is 1040 Collier Center Way, Suite 12, Naples, FL 34110 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): V111TNESSETH: 1. AGREEMENT TERM. The Agreement shall be fora five ( 5 )year period, commencing ❑� upon the date of Board approval eF on- and terminating five ( 5 ) year(s) from that date or until all outstanding ❑ Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional two ( 2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of CA I�IPurchase Order ❑"'^+;^^ +^ or^^^^.� 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms QtheF and conditions of ❑� Request for Proposal (RFP) ❑ t -o��—;mod—(•I��-} ❑ I ) # 19-7592 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement.❑ The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 LIM The procedure for obtaining Work under this Agreement is outlined in Exhibit A —Scope A Services attached hereto. 4. THE AGREEMENT SUM. 0 Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑� Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. � Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 01 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. . 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Juice Technologies, Inc. D/B/A Plug Smart Address: 1040 Collier Center Way #12 Naples, FL 34110 Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Authorized Agent: Attention Name & Telephone: E-Mail(s): Rich Housh, CEO Title: Axel Korn, Senior Project Manager (800) 518-5576 / (239) 877-2515 axel.horn@plugsmart.com All Notices from the Contractor to the County shall be deemed duly served if mailed or eICA %o to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division lR'.CP� Administrative Agent/PM: Telephone: E-Mail(s): 3335 Tamiami Trail East Naoles. Florida 34112 John McCormick, Principal Project Manager (239) 252-8247 JohnMcCormick@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE, The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be, objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 PAPROON until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,0001000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. � Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. E. ❑� Cyber Liability: Coverage shall have minimum limits of $1,000,000 per claim. III Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), O Exhibit A Scope of Services, M Exhibit B Fee Schedule, RFP/ ❑0 # 19-7592 including Exhibits, Attachments and Addenda/Addendum, F subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, Exhibit C-2 Public Page 6 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1 C�i Performance Bond, ❑� Exhibit D - Release and Affidavit Form, 0 Exhibit E — Form of Contract Application for Payment, Exhibit F - Change Order, FM Exhibit G - Certificate of Substantial Completion, ] Exhibit H -Certificate of Final Completion, M Exhibit I - Warranty, and El8the 17, APPLICABILITY. Sections corresponding to any checked box (m) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended,- and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a. specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT. Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252=8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 0 BONDS. A. When a construction project is in excess of $200,000, the Contractors) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 �` - `MAE^ §V VA AVWVWWWV4Vj--- -- --IWA 900:1 -- --a -- - .. - - -- - -W,^MMM NOW om an - IN .r r -a _LWA _ . .. IiT .. . . ^. A *- - - VNFO► - - - - WA - -- ^- AW ME :. TM V My - W r am r MA LW!11 MCA . _ . _ 24. � PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums Page 9 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1 due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26, SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 210 0 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in Lite performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a, condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. 0 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER,_ SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. � PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County 's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 re V If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. LEJ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 35. 01 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally Page 12 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1 accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40. ❑ 1/��N Tho (,nn+r n+nr c r,ora r�r-ol r ., ti r,nivo-nr,++n be utilized fnr this r jeet WRAP Ir WAW maws QIRVILVI MOL�lVtOM WAR IF 0 IN 1110A� INN end Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 GA County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County Is Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K `Ktnzel,,CfCk;of Court & Comp Dated SL• ( �., �•'1tgn6fiire only, Contractor's Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders ,Chairman Juice Technologies, Inc._ D/B/A Plug Smart Contractor Bye Contractor's irst Witness Sigagiture �r l<PVA1 TType/print signature and titleT TType/print witness nameT �01 Contractor s Second Witness �' cur�n eu R izk- TType/print witness nameT App�d as to Form and Legality: ty Print Name O Page 16 of 33 Mulll-Contractor Award Agreement 2017.006 Ver.1 G� 0 following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services through 2 ) Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 RFP# 194592 "Building Automation Energy Management Services" EXHIBIT A SCOPE OF SERVICES The Contractor shall have experience with building automation and energy management system, including repairs, maintenance, training, technical support, and parts with multiple building facilities and various types of county or municipality facilities such as corrections, administration, maintenance, recreational and educational facilities. Contractors shall have local sales and service representatives who shall be able to respond and be on site to a call within two hours and should be available remotely when specifically requested by the County. The Contractor will have the capability to provide controls and interface with the building automation server. Collier County preferred control systems are Computrols, Delta, and Reliable; any other system considered to be equivalent MUST be approved by the Facilities Management Division. The legacy system is Johnson Controls Metasys. Building Automation System Standards Implementation of the new user interface will be achieved via the installation of a server -based software package carrying an active BACnet Testing Laboratories (BTL) BACnet Advanced Operator Workstation (B- AWS) listing. The software may reside on a local server furnished and installed by the selected BAS vendor, a virtual server created within the Collier County IT infrastructure, or in a cloud server application, including but not limited to any type of energy management /building automation technology solutions. Maintenance and Repair of Building Automation and Control Systems The Contractor must be able to install, maintain, repair and supply -all components related to County building automation and control systems, including but not limited to Computrols, Delta, Reliable, Legacy Systems (Metasys) and future approved open source building automation systems. The Contractor will allow County staff to purchase parts and materials for Building Automation and Control Systems for in house staff to perform minor work. Training Extent of Training: The Contractor shall be available to provide annual training at the request and schedule of the County. The Contractor shall have an established training programs for systems operations and maintenance and repair. The training will be defined and referenced by previous customers. The training program shall engage a factory - authorized service representative with complete knowledge of the control system with project -specific examples and experience. The training program shall be an ongoing program to include the latest technologies and updates with access to video playback of content specific training guides. This will allow new and current maintenance personnel to revisit specific content at any time. Minimum Training Requirements: • Base extent of training on scope and complexity of the system • Provide no less than five days of on -site training total. • Stagger training over multiple training classes to accommodate County's requirements. All training shall occur before the end of the warranty period. • Total days of training shall be broken into not more than 20 separate training classes. • The Contractor shall video each training session including training aids with sound. The County shall be provided with three sets of each training session including handouts on CD or DVD for use with future training sessions. The County shall not be restricted from duplicating the training material including the handout material and/or the video material for future training purposes. The duplicate training material shall be delivered to the County within 10 business days of the training session. Page 1 of 2 • Contractor shall include a help line assistance to the County within the warranty period, and beyond. Work Assignments The County is interested in working with the Contractor who is responsive to their requests for quotes and complete work in a timely manner. Any single job over $200,000 will require Board approval and performance and payment bonds. Product Certificates: Data Communications Protocol Certificates: Certifying that each proposed DDC system component complies with ASHRAE 135. Warran The Contractor shall provide a warranty for all materials and workmanship for a minimum of one year from the date of substantial completion and acceptance of the work by Collier County. During the warranty period, the Contractor shall upgrade the software at no extra charge to Collier County each time as needed. The Contractor is requested to propose options of various Manufacturer warranties to the County for consideration. Page 2 of 2 Exhibit B Fee Schedule following this page (pages through ) ❑ this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 RFP# 19-7592 "Building Automation Energy Management Services" EXHIBIT B FEESCHEDULE JUICE TECHNOLOGIES, INC. D/B/A PLUG SMART (PRIMARY CONTRACTOR) Item Position Title Hour!Rate* 1 Project Manager $140 2 Lead System Specialist $125 3 System Architect/Network Engineer $135 4 System Technician $85 5 Service/Controls Technician $115 *Prices shall remain firm for the initial term of this contract Marku on Materials 1�% Markup on Subcontractors 15% Page 1 of 1 ❑ this exhibit is not applicable KNOW ALL MEN Principal, and Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. as as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. BY THESE PRESENTS: That WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance drawings and specifications, which contract is incorporated by reference and made a part hereof, is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: with and Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum %J this Payment Bond, regardless of the number of suits that may be filed by claimants. body. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under -signed representative, pursuant to authority of its governing Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Signed, sealed and delivered in the presence of: PRINCIPAL: By: _ Witnesses as to Principal Name: Its: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me notarization, this of 20 , by _ of a He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety by means of ❑physical presence or ❑online as corporation, on behalf of the corporation. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) 101 Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means notarization, this of 20 , by of a corporation, on behalf of the He/she is personally known to me OR has produced as identification and did (did not) take an oath. corporation. My Commission Expires: (AFFIX OFFICIAL SEAL) of ❑physical presence or ❑online (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL [VIE:: BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of 20 with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2, Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before notarization, this of 20 , by _ of , a He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) me by means of ❑physical presence or ❑online as corporation, on behalf of the corporation. (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑online notarization, this of 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) (•F1i"im (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF STATE OF (_ Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) in accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF The foregoing instrument notarization, this of _ was acknowledged 20 CONTRACTOR BY: ITS: DATE: before _, by of , a He/she is personally known to me OR has produced as identification and did (did not) take an oath, My Commission Expires: (AFFIX OFFICIAL SEAL) [Corporate Seal] me by means of ❑physical presence or ❑online NAME: as corporation, on behalf of the corporation. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ roject Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name &Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional DATE: (DP's Name) ((Zignature) (Type Name &Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 26 of 33 (Signature) DATE: _ (Type Name and Title) Multi -Contractor Award Agreement 2017.006 Ver.1 r=�� ❑ this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: Change #: Purchase Order #: Contractor/Firm Name: Project Manager Name: Pro ject Name: Department: Project #: Current BCC App oved Amount mount Last BCC Approval Date; Ag en Item # # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount w ..-rI A. Revised Contract/Work Order r Total $ vi0.00 #DIV/01 Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/01 Change from Current Amount Notice to Proceed Date # of Days Added below) C Completion Date, Description of the Tasks) Change, and Rationale for the hange Original �� Last Approved �� Revised Date �� Completion Date Date Includes this change) Select Tasks ❑Add new tasks) ❑Delete tasks) ❑Change tasks) ❑Other (see Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested changes) to the tasks) and 1 or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the imnact if this chanae is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: ill be Acceptance of this Change Order shall constitute a modification to contract /work order identified above and wsubject to all the same terms and conditions as contained in the contract /work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: _ (Contractor /Vendor /Consultant /Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: (Procurement Professional Date: Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT; CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the. following specified parts thereof: OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title 20_ CONTRACTOR accepts this Certificate of Substantial Completion on 20_ By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on . 20 By: OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 By: OWNER Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver. l Description: ❑ following this page (pages this exhibit is not applicable Other Exhibit/Attachment through ) Page 33 of 33 Multi -Award Agreement 2017.006 Ver.l PLUGSMA-01 LMOO CERTIFICATE OF LIABILITY INSURANCE DA3/19/2020 IDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSocial Risk Advisors 283 South State Street Suite 102 Westerville, OH 43081 INSURED Juice Technologies Inc. Dba Plug Smart 350 E 1st Ave Ste 210 Columbus, OH 43201 !`C�TI CI(`ATC AlI IAARFR• F: 942-1226 nsoclalra.com Cincinnati I REVISION NUMBER: 41 942-1226 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY I DDL IN D SUER WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP M IDD LIMITS EACH OCCURRENCE 1,000,000 $ DAMAGE TO RENTED PREMISES Ea occurrence 500,000 $ CLAIMS -MADE OCCUR X ENP 0247224 6/13/2019 6/13/2020 MED EXP (Any oneperson) $ 10,000 X OHIO STOP GAP PERSONAL & ADV INJURY $ 13000,000 X EMPLOYERS LIABILITY GENERALAGGREGATE $ 21000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY �X PRO ❑ LOC JECT PRODUCTS -COMP/OP AGG $ 210003000 A OTHER: General Aggregate AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 120001000 $ X ANY AUTO X ENP 0247224 6/13/2019 6/13/2020 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY Per accident $ PeOPE13TY DAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1 O,000,OOO AGGREGATE $ 10,0003000 EXCESS LIAB CLAIMS -MADE X ENP 0247224 6/13/2019 6/13/2020 $ DED X RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A STATUTE EORH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mores ace is required) Collier County Board of County Commissioners is an additional insured under the commercial general liability and automobile liability policies for any and all work performed on behalf of Collier County on a primary and noncontributory basis if and to the extent required by written contract. Contract# 19-7592 Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 40 Stanford Drive, 2nd Flr Farmington CT 06032 INSURED JUICTEG02 Juice Technologies Inc, dba Plug Smart 350 East 1st Ave., Suite 210 Columbus OH 43201 rnvoonr_Gc f_FRTIFI(:ATF NI IMRFR• �n77R11R� aryn Parker 860-269-2164 AFFORDING Assurance REVISION NUMBER: NAIC # 39462 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $„ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JEC LOC PRODUCTS -COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY A COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA H. STATUTE ER $ E.L-EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Contractors Pollution Professional Liability Protective Indemnity PCXB-5008462-0419 4/15/2019 4/15/2021 $2,000,000 Ea Claim $2,000,000 Ea Claim $2,000,000 Ea Claim $2,000,000 Aggr $2,000,000 Aggr $2,000,000 Aggr DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ADDITIONAL COVERAGE LIMITS: Technology Professional Liability: $2,000,000 Each Claim/$2,000,000 Aggregate: Retroactive Date 1-15-2015 Biological Pollution Liability: $2,000,000 Each Claim / $2,000,000 Aggregate Cyber Liability: $1,000,000 Each Claim / $1,000,000 Aggregate Media & Personal Injury Liability: $2,000,000 Each Claim / $2,000,000 Aggregate Mitigation: $500,000 Each Claim / $500,000 Aggregate Site Pollution Liability for Insured Property: $1,000,000 Each Claim / $1,000,000 Aggregate Collier County Board of Commissioners is included as additional insured as required by written contract. CERTIFICATE TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Dhio I Bureau of Workers' 30 w, spring St. Compensation Columbus, OH 43215 Certificate of Ohio Workers' Compensation This certifies that the employer listed below participates in the Ohio State Insurance Fund as required by law. Therefore, the employer is entitled to the rights and benefits of the fund for the period specified. This certificate is only valid if premiums and assessments, including installments, are paid by the applicable due date. To verify coverage, visit www,bwc.ohio.gov, or call 1-800-644-6292. This certificate must be conspicuously posted. Policy number and employer 01563060 JUICE TECHNOLOGIES INC PLUG SMART 5800 WINDWARD PKWY # 135 ALPHARETTA, GA 30005-8802 Period Specified Below 07/01 /2019 to 07/01 /2020 ohio. ov www.bwc, g n (� Issued by: BWC Administrator/CEO You can reproduce this certificate as needed. Ohio Bureau of Workers' Compensation Required Posting Section 4123.54 of the Ohio Revised Code requires notice of rebuttable presumption. Rebuttable presumption means an employee may dispute or prove untrue the presumption (or belief) that alcohol, marihuana or a controlled substance not prescribed by the employee's physician is the proximate cause (main reason) of the work -related injury. The burden of proof is on the employee to prove the presence of alcohol, marihuana or a controlled substance was not the proximate cause of the work -related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers' Compensation Act. Bureau of Workers' �l'll0 Compensation You must post this language with the Certificate of Ohlo Workers' Compensation. DP-29 BWC-1629 (Rev. Jan. 10, 2019) COLLIER COUNTY For the Acquisition of Goods and Services Funded By Federal/State Grant Programs COST REASONABLENESS PURPOSE: Grantees must document cost is reasonable for all procurements, even those informal (including micro) as fair and reasonable. DESCRIPTION OF PROCUREMENT (GOODS OR SERVICES) The price quoted by ( ) is deemed to be fair and reasonable based on the following analysis: CHECK ALL THAT APPLY Comparison of proposed pricing for same or similar item with historical pricing from previous purchases of the same item, adjusted by market data such as a Consumer or Producer Price Index or Inflation Rate over the corresponding time frame Comparison to the same or similar item found on existing Federal, State, or municipal contracts Comparison of price components against established market prices, such as labor rates, dollars per square foot, etc., to justify the price reasonableness of the whole Comparison of proposed pricing with in-house, independent cost estimates for the same item The quoted price is from a regulated utility Other (e.g., verifiable sales information for the same/similar item sold to supplier’s other customers Comparison with competing supplier’s prices, catalogue pricing or price lists, commercially advertised sale prices, or prices obtained through other market research (e.g., Internet, trade journals, etc.) for the same/similar item. SUMMARY OF QUOTES - FOLLOW COUNTY POLICY - ATTACH WRITTEN QUOTES IF APPLICABLE Date Quote Obtained Contractor Name Price Shipping Total Notes COMMENTS: Prepared By Date est. FY15 v.1 16.C.3.d Packet Pg. 573 Attachment: Cost Reasonableness Packet CCSO-J1 revised (21413 : CCSO Jail (J1) - Reliable Building Automation Upgrades) MEMORANDUM Utilizing the information below collected over the past 3 years, we compared the associated time and material (T&M) rates of each contractor to the national averages of similar scopes of work. We also applied the established $4.50 to $5.50 costs per square foot (SF) averages along with a comparative component replacement cost (as seen in the attached). We then compared this cost against the Contractors proposal and have validated that the prices received are “reasonable and customary”. Currently, all prices are in line with our expectations. - In late 2017, Collier County issued RFI # 17-7157 to provide qualification proposals for the replacement of the JCI/Metasys Building Automation Control System. The proposals received were evaluated in early 2018 and Plug Smart and ESSI were identified as the most qualified. - An internal exhaustive study of manufacturers of BAS options to replace JCI/Metasys in 2019 identified three (3) superior systems that met all criteria requirements and price points, (Reliable, Delta, and Computrols) which were then adopted into our Collier County Vertical Standards. - In May of 2019, Stantec completed a BAS assessment report which identified all of the control points and current conditions as well as a quantitative scope to replace / repair the existing conditions. - In early 2020, we completed an internal cost evaluation based on the Control Points identified by the BAS Assessment Report with established national cost standards on component replacement costs as compared to costs based on the SF of each building. This data ultimately resulted in the original budget of $4,000,000.00. ⋅ See attached spreadsheet for details and individual building system estimates and prices. - The Building Automation Contract (19-7592) was officially approved with Plug Smart and ESSI as the Primary/Secondary vendors and the time and material (T&M) rates were reviewed and accepted. - In December of 2020, the Surtax committee approved the Reliable Building Automation System upgrades and the replacement of the JCI/Metasys BAS in the amount of $4,000,000.00. We intend to award Proposal No. 9723, under Building Automation Energy Management Services Contract No, 19-7592, utilizing a Time and Materials pricing approach. All time and material (T&M) rates are established in Exhibit B-Fee Schedule of the Building Automation Energy Management Services Contract No. 19-7592. Respectfully, John McCormick, P.E. Principal Project Manager Facilities Management Division 16.C.3.d Packet Pg. 574 Attachment: Cost Reasonableness Packet CCSO-J1 revised (21413 : CCSO Jail (J1) - Reliable Building Automation Upgrades) Low Multiplier High Multiplier 4.50$ 5.50$ Vendor Supplied Buildings Building Sqft. Price / Sqft. (Low) Price / Sqft. (High) Price / Equipment Price / Plug Smart Proposal J-1 Main Campus 102,972 463,374.00$ 566,346.00$ 305,000.00$ 307,017.50$ Immokalee Jail 39,478 177,651.00$ 217,129.00$ 210,000.00$ 273,653.00$ Building K Chiller Plant 5,520 24,840.00$ 30,360.00$ 272,000.00$ 197,113.00$ Internal Component Cost Estimates Price / Component Air Handler 20,000.00$ Fan Coil Unit 12,000.00$ VAV 3,000.00$ Exhaust Fans 2,000.00$ Monitoring 2,000.00$ Integration 8,000.00$ Plant Control 20,000.00$ Lighting / Smoke/Ionizer 2,000.00$ Buildings Plant Control Air Handler Fan Coil Units VAV Exhaust Fans Monitor Integration Lighting Smoke Ionizer Price / Equipment J-1 Main Campus 7 7 32 -10 ---305,000.00$ Immokalee Jail -6 -14 19 -1 -1 -210,000.00$ Building K Chiller Plant 7 1 --14 --272,000.00$ Internal Estimates 16.C.3.d Packet Pg. 575 Attachment: Cost Reasonableness Packet CCSO-J1 revised (21413 : CCSO Jail (J1) - Reliable Building Automation Upgrades) 16.C.3.ePacket Pg. 576Attachment: Surtax Checklist (21413 : CCSO Jail (J1) - Reliable Building Automation Upgrades)