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Agenda 03/14/2023 Item #16C1 (Replace existing proprietary N2 Johnson Controls Building Maganement System for the HVAC and Fire Smoke Control SAystems at the Collier County Courthouse Annex)16.C.1 03/14/2023 EXECUTIVE SUMMARY Recommendation to approve proposal No. 10581, under Agreement 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 $430,237.17 to replace the proprietary N2 Johnson Controls Building Management System with new BACnet Reliable Controls at the Collier County Courthouse Annex (Building Ll). (Project No. 52162) OBJECTIVE: To replace the existing proprietary N2 Johnson Controls Inc. ("JCI") Building Management System for the HVAC and Fire Smoke Control systems at the Collier County Courthouse Annex on the main campus with new BACnet open protocol Reliable Controls. CONSIDERATIONS: BACnet is a communication protocol for Building Automation and Control (`BAC") networks designed to allow communication of building automation and control systems that meet American National Standards Institute and International Organization for Standardization standards. The existing JCI controls for the HVAC and Fire Smoke Control systems in the Courthouse Annex are interlocked and must communicate during a fire or smoke event. Recent testing of the Fire Smoke Control system identified deficiencies with the controls and mechanical equipment that could potentially create a life/safety hazard should an emergency take place within the building. The proposed work will correct the deficiencies identified and allow for proper communication and operation between the HVAC and Fire Smoke controls systems. The Board approved Building Automation Energy Management Services Agreement No.19-7592 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 vendor with Collier County on multiple prior and ongoing projects. Facilities Management Division received a Time and Materials Not to Exceed proposal under Agreement No. 19- 7592 from Plug Smart on December 19, 2022, for the Courthouse Annex (Building L 1) in the amount of $430,237.17. Per the Agreement, proposals in excess of $200,000 must receive Board approval for Purchase Order issuance. 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 standards of square footage and equipment costs, staff determined the proposal to be fair and reasonable, and recommends approving a Purchase Order to Plug Smart in the amount of $430,237.17. 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 Agreement. FISCAL IMPACT: Funding in the amount of $430,237.17 for the replacement of N2 Johnson Controls Building Management System for the HVAC and Fire Smoke Control systems at the Collier County Courthouse Annex on the main campus is available in the County -wide Capital Projects Fund (301), Project (52162). 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. 10581, under Agreement No. 19-7592, Building 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 $430,237.17. Prepared by: Tim Rygiel, Project Manager, Facilities Management Division Packet Pg. 518 16.C.1 03/14/2023 ATTACHMENT(S) 1. 19-7592 Juice Technologies —Agreement (PDF) 2. 19-7592 JuiceTech.-dba-P1ugSmart_Amendt#1 FullyExecuted (PDF) 3.2022.12.19_Proposal_L1 Annex Smoke Control (PDF) 4.2023.01.19_Cost Reasonableness (PDF) Packet Pg. 519 16.C.1 03/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doe ID: 24452 Item Summary: Recommendation to approve proposal #10581, under Agreement 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 $430,237.17 to replace the proprietary N2 Johnson Controls BMS with new BACnet Reliable Controls at the Collier County Courthouse Annex. Meeting Date: 03/14/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 02/01/2023 10:11 AM Submitted by: Title: — Facilities Management Name: John McCormick 02/01/2023 10:11 AM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Tim Rygiel Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Corporate Compliance and Continuous Improvement Megan Gaillard Facilities Management Procurement Services Procurement Services Public Utilities Department County Attorney's Office Public Utilities Department Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office County Manager's Office Board of County Commissioners Jennifer Belpedio Manager - Real Property Sue Zimmerman Additional Reviewer Sandra Herrera Additional Reviewer Drew Cody Level 1 Division Reviewer Scott Teach Level 2 Attorney Review George Yilmaz Level 2 Division Administrator Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Susan Usher Additional Reviewer Ed Finn CMO Completed Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 02/01/2023 10:19 AM Completed 02/01/2023 10:39 AM Completed 02/01/2023 10:53 AM Additional Reviewer Completed 02/04/2023 9:38 AM Completed 02/06/2023 1:44 PM Completed 03/01/2023 4:00 PM Completed 03/02/2023 2:46 PM Completed 03/06/2023 12:22 PM Completed 03/07/2023 9:29 AM Completed 03/07/2023 9:49 AM Completed 03/07/2023 9:52 AM Completed 03/07/2023 10:55 AM Completed 03/07/2023 3:46 PM 03/07/2023 6:32 PM Completed 03/08/2023 8:33 AM 03/14/2023 9:00 AM Packet Pg. 520 16.C.1.a MULTI -CONTRACTOR AWARD AGREEMENT # 19-7592 for Building Automation Energy Management Services THIS AGREEMENT, made and entered into on this oc00 day of 2Qo0, by and between Juice Technologies, Inc. D/B/A Plug Smart i , 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"): WIT NESSETH: AGREEMENT TERM. The Agreement shall be for a five ( 5 ) year period, commencing 0 upon the date of Board approval E -- , 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 a ❑N Purchase Order ❑•Rde iee-t&-P,=eeeed- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of 0 Request for Proposal (RFP) ❑ 1*v4a#ton te— Bid --(IT-B) ❑ Oth , ) # 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 c 0 E 0 r 0 a c m N a) L0 ti r Packet Pg. 521 16.C.1.a 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 0 guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. E 0 0 3.3 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. MWOMMIT- -- _ . .. 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". ........... - - - - - - - -- -- _ • ` _ _ _ 1,161,11011,111 . . _ . _ . . . . _ P r. _ . .. . . . . N WV 4.1 Price Methodology (as selected below): ❑E 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. FN_1 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 Packet Pg. 522 16.C.1.a [E-1 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. o 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). o 0 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 m approval of invoices submitted on the date of services or within six (6) months after completion ofLo 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 r deemed of the essence with respect to the timely submission of invoices under this Agreement. z° 4-4 ❑ Travel and RoiFmnburn�•.l�1 CEvoensV Tr �i�l r�r! D-imhiiff-s-ple `xpe,-'nses .. must_b__ � i . Q ■ �V! sN• W. . . S��+n� i ratirr ■� ��Y�ruir���� .� � - r ii i� ��.w�a<i.�.: rcrir....a•��i�i�.�.� 1 1 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.' Packet Pg. 523 16.C.1.a Authorized Agent: Rich Housh, CEO Attention Name & Title: Axel Korn, Senior Project Manager o Telephone: (800) 518-5576 / (239) 877-2515 E-Mail(s): axel.horn@plugsmart.com E 0 a All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: m Board of County Commissioners for Collier County, Florida N a) Division Director: Damon Grant Division Name: Facilities Management Division r 0 z Address: 3335 Tamiami Trail East Naoles, Florida 34112 E Administrative Agent/PM: Telephone: E-Mail(s): John McCormick, Principal Project Manager (239) 252-8247 John.McCormick@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 Packet Pg. 524 16.C.1.a 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. .2 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner o 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 a, 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 m shall be limited to that portion of the Agreement Amount earned through the date of termination. LO 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. r 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, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. FE-1 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. FE-1 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. 0 Cyber Liability: Coverage shall have minimum limits of $ 1,000,000per claim F-- ❑ Q v�or n�nim_ 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 Packet Pg. 525 16.C.1.a 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 o 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 o 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 a, 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. m N LO 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, R RFP/ ❑ 4T-W0 QtheF # 19-7592 , including Exhibits, Attachments and Addenda/Addendum, M subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, R Exhibit C-2 Public Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 526 16.C.1.a Performance Bond, ❑N Exhibit D - Release and Affidavit Form, 0 Exhibit E — Form of Contract Application for Payment, FEI Exhibit F - Change Order, FN� Exhibit G - Certificate of Substantial Completion, FO-1 Exhibit H -Certificate of Final Completion, Al Exhibit I - Warranty, and ❑ 8theF 17. APPLICABILITY. Sections corresponding to any checked box (N) 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 c 0 E 0 a m N a) LO r Packet Pg. 527 16.C.1.a within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. o 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 o the contract term and following completion of the contract if the Contractor does not a 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 m the public agency upon completion of the contract, the Contractor shall destroy anyLO duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon r completion of the contract, the Contractor shall meet all applicable requirements for z° 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. i 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 Contractor(s) 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 subjeci to the Owner's approval. Mt MaIRM—W&A lip■ - - Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 t Packet Pg. 528 16.C.1.a A- A - a - - -- - - -- -- --- --MmzMa -- - H-MMY-11I.C.M.- HUM - - - - _ . Man 01.11 24. FE-1 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 Packet Pg. 529 16.C.1.a 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. 27. 0 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the 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 resull 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 anc executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executec Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver c 0 E 0 a m N a) LO r Packet Pg. 530 16.C.1.a 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. FE� 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, FO-1 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 frorr the Contract Documents have been caused thereby. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver c 0 0 a m N a) L0 r Packet Pg. 531 16.C.1.a 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. FN_1 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 paymen! shall not become due and payable. 35. [0-1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipmen. covered by this Agreement will conform to the requirements as specified, and will be of satisfactor} material and quality production, free from defects, and sufficient for the purpose intended. Good: shall be delivered free from any security interest or other lien, encumbrance or claim of any thirc party. Any services provided under this Agreement shall be provided in accordance with generally Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Vera c 0 E 0 0 a m N a) LO r Packet Pg. 532 16.C.1.a accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. o Contractor further warrants to the County that all materials and equipment furnished under the o Contract Documents shall be applied, installed, connected, erected, used, cleaned and a 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 'Noconformance 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 o entitled as a matter of law. Z 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. Ir Igor11 \iYt�i.!l�rri _ Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 533 16.C.1.a c 0 �a FN_1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this o Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to 5 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. 00 N a) LO 41. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any tr of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County r Board approved Executive Summary, the Contract Documents shall take precedence. Z 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 separateE 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.' Packet Pg. 534 16.C.1.a 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's 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 c 0 E 0 a m N a) L0 r Packet Pg. 535 16.C.1.a 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 ` of Court & Comp bller . t� t - t + Dated% ("�.)r, `t °�gntfire only. Contractor's Witnesses: Contractor's Kirst Witness ,Y- &L L<aZiy TType/print witness nameT P a A --I Contractors Second Witness C'Cucr new RiZ,k TType/print w tness nameT Apprd as to Form and Legality: ,. f n . ty Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4L By Burt L. Saunders . Chairman Juice Technoloqies, Inc. D/B/A Plug Smart Contractor By: SigngiturG����� TType/print signature and titleT Page 16 of 33 c 0 �a 0 a .3 m N 01 ti o� Multi -Contractor Award Agreement 2017.006 Ver.1 ZE a Packet Pg. 536 16.C.1.a Exhibit A Scope of Services 0 following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 537 16.C.1.a RFP# 19-7592 "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. Buildin14 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 Packet Pg. 538 16.C.1.a • 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 c performance and payment bonds. Q as Product Certificates: Data Communications Protocol Certificates: Certifying that each proposed DDC system component complies m with ASHRAE 135. w LO o� Warran The Contractor shall provide a warranty for all materials and workmanship for a minimum of one year from z 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 a) Contractor is requested to propose options of various Manufacturer warranties to the County for consideration. Page 2 of 2 Packet Pg. 539 16.C.1.a 4'L"M Fee Schedule Al following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 540� 16.C.1.a RFP# 19-7592 "Building Automation Energy Management Services" EXHIBIT B FEESCHEDULE JUICE TECHNOLOGIES, INC. D/B/A PLUG SMART (PRIMARY CONTRACTOR) Item Position Title Hourly Rate* 1 Project Manager $140 2 Lead System Specialist $125 3 System Architect/Network Engineer $135 4 System Technician $85 5 Service/Controls Technician $115 *Prices shall remain firm for the initial term of this contract Markup on Materials 10% Markup on Subcontractors 15% Page 1 of 1 Packet Pg. 541 16.C.1.a ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind 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 contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 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 of this Payment Bond, regardless of the number of suits that may be filed by claimants. 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 body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 c 0 E 0 a m N a) r Packet Pg. 542 16.C.1.a Signed, sealed and delivered in the presence of: PRINCIPAL: o E 0 r 0 By: a Witnesses as to Principal Name: Its: =a 0 m STATE OF N COUNTY OF n The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 by as z° of a corporation, on behalf of the corporation. _ He/she is personally known to me OR has produced E as identification and did (did not) take an oath. d My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (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) •E Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 543 16.C.1.a 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 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) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver c 0 E 0 r 0 a m N a) Lf> r Packet Pg. 544 16.C.1.a ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN 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.' c 0 E 0 a m N a) rn r Packet Pg. 545 16.C.1.a 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. o 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. 0 a 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. m N Signed, sealed and delivered LO in the presence of: PRINCIPAL: r O Z Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: 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) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver Packet Pg. 546 16.C.1.a ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) c 0 0 r 0 a m N a) LO r The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online c 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: (Signature of Notary Public -State of Florida) MINIM (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver Packet Pg. 547 16.C.1.a ❑ 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 CONTRACTOR M ITS: DATE: 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) [Corporate 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 Commissioner No.: Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 c 0 E 0 a m N a) LO rl- - Packet Pg. 548 16.C.1.a ❑ 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) GN 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 : (DP's Name) (Signature) (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 Packet Pg. 549 16.C.1.a ❑ this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: Change #: = Purchase Order #: Project #: I Contractor/Firm Name: F Project Name: �— Project Manager Name: Department: gficiinal Contract/Work Order Amount Original BCC Approval Date; Agenda Iter Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Tota! $ 0.00 #DIV/01 Change from Current BCC Approved Ami Cumulative Changes $ 0.00 #DIV/01 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved C� Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject 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 i Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: 7 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: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 550 16.C.1.a ❑ this exhibit is not applicable OWNER'S Project No. 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: HIM 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 tc 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 c 0 0 r 0 a m N a) LO r Packet Pg. 551 16.C.1.a The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, o heat, utilities, insurance and warranties shall be as follows: E 0 RESPONSIBILITIES: a OWNER: 0 m N LO CONTRACT OR: r 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 Design Professional ,20— By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER By: Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1 Packet Pg. 552 16.C.1.a ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 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 c 0 E 0 r 0 a m N a) LO r l Packet Pg. 553 16.C.1.a Executed by Design Professional on 120 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 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 5 4 16.C.1.a ❑ 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.1 Packet Pg. 555 16.C.1.a Other Exhibit/Attachment Description: ❑ following this page (pages through ) W this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.I Packet Pg. 556 16.C.1.a PLUGSMA-01 LMOORE DATE (MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS O CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES M BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED E 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. Q If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on i) this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ' jAHlc°,NN , Ext): (614) 942-1226 FAX Ne):(614) 942-1226 pp INSocial Risk Advisors 283 South State Street Suite 102 A DARIEss:service@insocialra.com rn Westerville, OH 43081 INSURERS AFFORDING COVERAGE NAIC # I� ti INSURER A: Cincinnati Insurance Company 10677 INSURED INSURER B : O Juice Technologies Inc. Dba Plug Smart INSURERC: Z INSURER D 350 E 1 st Ave Ste 210 Columbus, OH 43201„pip at COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE ADDL IN D SUER WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP M IDD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS -MADE [X] OCCUR X ENP 0247224 6/13/2019 6/13/2020 DAMAGE(RENTED PREMISESS Ea occurrence) 500,00( $ OHIO STOP GAP X MED EXP (Any oneperson) $ 10,00( X EMPLOYERS LIABILITY PERSONAL & ADV INJURY $ 1,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO JECT❑LOG GENERALAGGREGATE $ 2,000,00( P- 2,000,00( $ OTHER: General Aggregate A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,00( $ BODILY INJURY Per erson $ ANY AUTO X ENP 0247224 6/13/2019 6/13/2020 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Ix PeOracEatlenDAMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 10,000,00( $ EXCESS LIAB CLAIMS -MADE X ENP 0247224 6/13/2019 6/13/2020 AGGREGATE $ 101000100( DED X RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE PERH ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICEWMEMBER EXCLUDED? ❑ (Mandatory in NH) NIA 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 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 557 16.C.1.a r ® I DATE (MM/DD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 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. p IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 7 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on Q this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). C PRODUCER P CONTACT NAME: Sha n Parker Alliant Insurance Services, Inc. PHONEo FAX A/C No): c • 860-269-2164(AC, 7 40 Stanford Drive, 2nd Flr m Farmington CT 06032 A REss: sha n.MA arker@alliant.com INSURERS AFFORDING COVERAGE NAIC # N CD INSURER A: Berkley Assurance Company 39462 i ; INSURED JUICTEG02 INSURER B : Juice Technologies Inc, dba Plug Smart INSURER C : 350 East 1 st Ave., Suite 210 O Z Columbus OH 43201 INSURERD: COVERAGES CERTIFICATE NUMBER:207781162 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY 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 $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS -COMPIOP AGG $ POLICY D PRO LOC JECT OTHER: AUTOMOBILE LIABILITY COEaMBI accidNED ent cl.ntl SINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO 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 $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE STATUTE EER E.L.EACHACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Contractor's 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 HOLDER CANCELLATION 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 558 16.C.1.a OhioI Bureau of Workers' Compensation 30 W. Spring St. 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. Policy number and employer 01563060 JUICE TECHNOLOGIES INC PLUG SMART 5800 WINDWARD PKWY # 135 ALPHARETTA, GA 30005-8802 www.bwc.ohlo.gov Issued by: BWC This certificate must be conspicuously posted. Period Specified Below 07/01 /2019 to 07/01 /2020 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' OhioCompensation You must post this language with the Certificate of Ohio Workers' Compensation. DP-29 BWC-1629 (Rev. Jan. 10, 2019) Packet Pg. 559 DocuSign Envelope ID: D218EE4B-78DC-4E51-93C9-6EF248A82AOB 16.C.1.b FIRST AMENDMENT TO AGREEMENT #19-7592 FOR BUILDING AUTOMATION ENERGY MANAGEMENT SERVICES THIS AMENDMENT made and entered into on this day of 2021, by and between JUICE TECHNOLOGIES, INC. d/b/a Plug Smart (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WHEREAS, on April 28, 2020, (Agenda Item 16.C.9), the County entered into an Agreement with Contractor to provide building automation energy management services for repairs, maintenance, training, technical support, equipment, and repair parts for County -wide building automation and control systems; and WHEREAS, the parties desire to amend the Agreement to revise Section 4. The Agreement Sum, to clarify that Exhibit B -- Fee Schedule pertains to Time and Material. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: Words Strueli Through are deleted; Words Underlined are added 1. Section 4 shall be replaced in its entirety by the following: "4. THE AGREEMENT SUM. ® The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4_.1. ® Contractor's quoted prices for Time & Materials shall be based on Exhibit B- Fee Schedule. Contractor's total quoted price for Time and Materials is a Not -to -Exceed amount, which shall be the maximum amount payable by the County, and the County shall not be liable for any costs incurred above the Not -to -Exceed amount. Under the Time and Materials Not -to -Exceed payment method performance under this Agreement shall only be reimbursed for actual costs expended and incurred up to the maximum quoted amount. Payment will be made upon receipt of a proper invoice pursuant to Section 4.1 of this Agreement 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". N a) LO ti N LO r C E t V M r Pagel of 3 a First Amendment to Agreement # 19-7592 s , Packet Pg. 560 DocuSign Envelope ID: D218EE4B-78DC-4E51-93C9-6EF248A82AOB 16.C.1.b quoted priees shall be based on -Exhibit B Fee Sehedule. Payment will be made upon reeeip of a proper invaiee- and--upon-a}3p' ' known as tthe"Lo rn Manager, and in eompliance with Chapter 218, Fla. Stats., otherwise Ln Govertifflent Prompt Payment Art".» ti 2. Exhibit B — Fee Schedule shall be amended to include a statement to indicate that the hourly rates and material markup percentages shall apply to Time & Materials option of the Price Methodology in Section 4. L See attached. 3. Except as amended herein, all other terms and conditions of the Agreement, which is incorporated herein by reference, shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this First Amendment by an authorized person or agent on the date and year first written above. CONTRACTOR BOARD OF COUNTY COMMISSIONERS JUICE TECHNOLOGIES, INC. d/b/a COLLIER COUNTY, FLORIDA Plug Smart By: AV/ — S'gnature TType/print signature and titleT W1042-1 Date Approved as to Form and Legality: FDocuSignetl by: � asp Assistant County Attorney Sally Ashkar Print Name DocuSigned by: L ,e(nF H By: Sandra Herrera, Director of Procurement Services Division 4/23/2021 Date Page 2 of 3 First Amendment to Agreement 919-7592 Packet Pg. 561 DocuSign Envelope ID: D218EE4B-78DC-4E51-93C9-6EF248A82AOB 16.C.1.b RFP# 19-7592 "Building Automation Energy Management Services" EXHIBIT B FEESCHEDULE JUICE TECHNOLOGIES, LLC dba PLUG SMART (PRIMARY CONTRACTOR) Item Position Title HourlyRate* 1 Project Manager 40 $12 2 Lead System Specialist $15 3 System Architect/Network Engineer $ 5 4 Technician $85 5 -System Service/Controls Technician $115 *Prices shall remain firm for the initial term of this contract _Markup on Materials 10% Markup on Subcontractors 15% *Contractor's total quoted price for Time and Materials is a Not -to -Exceed amount, which shall be the maximum amount pyable by the County, and the County shall not be liable for any costs incurred above the Not -to -Exceed amount Under the Time and Materials Not -to -Exceed payment method performance under this Agreement shall only be reimbursed for actual costs expended and incurred up to the maximum quoted amount. Page 3 of 3 First Amendment to Agreement # 19-7592 N rn Ln CD N M LO C N E t V r r f.. Q Packet Pg. 562 WaGWORK" Bill To Collier County Board of Supervisors / Collier County Facilities Collier County Board of County Commissioners 3299 Tamiami Trl E Suite 700 Naples Florida 34112-5749 Project Address: Bldg L1 Annex 3315 Tamiami Trail E Naples FI 34112 # Item & Description 0 c 13721 Jetport Commerce Parkway, Unit 5 =a Proposal # Proposal Date Expiry Date Sales person Plug Smart Job # Job Reference Requested By Region W Ft Myers Florida 33913 2398772515 m N CD LO ti 10581 19 Dec 2022 11 May 2023 Darrick Hatch 9943 (previously FL- 8512C) L1 Annex Smoke Control John McCormick Florida - Controls Rate Amount Description 1.00 0.00 0.00 Plug Smart will remove the proprietary JCI HVAC Controls and furnish/install a complete BACnet Reliable controls system and tie into the existing Reliable Controls Front -End server located at the County's Facilities Management Office to address the failed smoke control system. 2 Scope of Work - Description 1.00 0.00 0.00 A.) AHU Controllers Replacement (UUKL Smoke Rated Controllers) and Smoke Panel conversion. Each of the (8) existing proprietary JCI AHU controllers will be replaced with a new Reliable Controls UUKL Smoke Control -Rated advanced BACnet controller. Controllers to include HOA switches. Supply/return air temperature sensors, outside air temp/humidity, and duct static pressure sensors will be replaced. Connection to and reuse of existing valves/dampers actuators, VFDs, and relays included. Work to be done during normal working hours (M-F, 8:00 AM-5:00 PM). The existing problematic Smoke Control Panel will be removed and replaced with a new Reliable Controls UUKL Smoke Control -Rated advanced BACnet controller will be installed within the existing override panel, and the smoke evacuation system will be tested. Requires hard -wired interface to the Fire -Alarm system/relay bank through AHU on the 2nd floor, and to ensure proper operation testing is to be coordinated by/furnished by Collier County for the fire -alarm contractor. New controllers, sensors, relays, and programming for building chilled water pump system. New controllers will also be provided to control the atrium exhaust fans for smoke control. Existing Smoke Control Graphics and programming will be modified and updated on Terms & Conditions per the BAEMS Contract #19-7592, Time & Material Not To Exceed Total Amount Shown. Packet Pg. 563 Item & Description Qty Rate Amount the existing server. All controllers and Reliable Controls-labled product will come with the 5-YEAR WARRANTY PER SPEC. 'a Any mechanical items or sequences of operation that are found to be deficient m during the project upgrades will also be noted and reported back to CCG Facilities rn for a recommended course of action. LO ti Collier County to furnish fire alarm contractor to provide assistance with complete C6 functional testing of the smoke control system once operational and fully installed. Includes removal of NAE and all associated JCI equipment. 6 Z B.) Replace defective Air Flow Monitoring Stations on (8) AHU's and (1) Exhaust: r y E Plug Smart proposes to replace the defective/rusted Airflow Measuring Station With an Integral Damper located in the ductwork. Q Included: L_ - Cutout and removal of defective AFMS - Reinsulating ductwork - Check, Test, and confirmation of controls equipment - Plenum Rated Poly Tubing and Wiring r 00 C.) Air and Water System Controls Retrocommissioning: lO o Plug Smart will conduct floor -by -floor test and balance (TAB) of the AHU and N associated Exhaust Fans using specialized and calibrated instruments to measure p temperature, pressures, rotational speeds, electrical characteristics, velocities, and r air quantities to measure overall system performance. Typical HVAC system components and parameters to investigate include: Q. _ Air System Flow Rates — Discharge Air, Return Air, Outside Air, and Exhaust Air. Water System Flow Rates — Secondary Pumps, Makeup Pumps, Chilled Water Differential Pressures (DP), Cooling Coil DP, and Cooling Coil Flow. - Temperatures — Temperatures will be measured on both waterside and airside HVAC equipment. Chilled Water Supply, Chilled Water Return, AHU Discharge Temp, Space Temps, Return Temps, ETC. - Maintenance Test — Checking air filters and all dampers, manual and automatic to ensure proper function and maintenance - System Balance Retrocommission — Adjust any HVAC equipment to return functionality to data specified in as-builts. Collier County to furnish the following: - Collier County to provide the most -recent as -built information. Scope of Work 1.00 0.00 0.00 • AHU 1-2: OA damper actuator is unhooked and the damper actuator is unresponsive, the damper is stuck in the closed position - Removal and Replacement of the Damper and actuator. • AHU 2-1: is missing the damper actuator for the modulating damper. Furnish & install actuator. • AHU 3-1: OA damper is not moving when commanded, the damper is stuck in the open position - Removal and Replacement of damper and actuator. • AHU 3-1: is missing the damper actuator for the modulating damper. Installation of new damper actuator. • AHU 5-1: OA damper is not moving when commanded, the damper is stuck in the closed position - Removal and Replacement of damper and actuator. • AHU 7-1: the chilled water valve is faulty and is stuck at 100% open, will not close Valve to be removed, replaced. EF Controls Deficiencies Corrections: • EF-1-3: Actuator is operational, but the associated airflow station has failed and needs to be replaced. - Replacement of AFMS. Terms & Conditions per the BAEMS Contract #19-7592, Time & Material Not To Exceed Total Amount Shown. Packet Pg. 564 # Item & Description • EF-1-2: Actuator to be remounted • EF-1-1: Not maintaining CFM setpoint. The actuator appears to be set manually although not overridden, the actuator stays at a static setpoint. Programming not operating as designed. New PID loop in the BAS programming • EF-2-3: The actuator works properly, but the airflow station is faulty. Replace AFMS. • EF-2-2: The actuator works properly but the airflow station is offline. The controller is not communicating. The controller may be bad. - Recommend replacing JCI Controller • EF-2-1: Not maintaining CFM setpoint. The actuator appears to be set manually although not overridden, the actuator stays at a static setpoint. Programming not operating as designed. New PID loop to be programmed. • EF-3-1: Not maintaining CFM setpoint. The actuator appears to be set manually although not overridden, the actuator stays at a static setpoint. Programming not operating as designed. New PID loop to be programmed. • EF-4-3: Not maintaining CFM setpoint. Adjustment of PID loop in BAS programming. • EF-4-1: Actuator not automatically actuating. Adjustment of PID loop in BAS programming. • EF-5-3: Actuator not automatically actuating. Adjustment of PID loop in BAS programming. • EF-6-2: Bad damper actuator - Recommend replacing the actuator. • EF-6-1: Actuator not automatically actuating. Adjustment of PID loop in BAS programming. • EF-7-3: Damper at 100% but not making setpoint. Manual damper adjustments. • EF-7-2: Damper set at 50%. Actuator not automatically actuating. Adjustment of PID loop in BAS programming. • EF-7-1: Actuator not maintaining setpoint. Appears to be getting a constant signal for 75% regardless of setpoint. No overrides in the system. Adjustment of PID loop in BAS programming. Qty Rate Amount 4 Materials - Controls - 5125 93,723.59 1.00 93,723.59 Anticipated Material for the project. 5 Materials - Markup 9,372.36 1.00 9,372.36 Material markup per contract. 6 Labor - Project Manager 414.31 140.00 58,003.40 Anticipated project management hours for the project. Hour(s) 7 Labor - Network Engineer 516.40 135.00 69,714.00 Anticipated engineering hours for the project. Hour(s) 8 Labor - Lead System Specialist 483.68 125.00 60,460.00 Anticipated lead system specialist hours for the project. Hour(s) 9 Labor - Controls Tech 642.93 115.00 73,936.95 Anticipated controls technician hours for the project. Hour(s) c 'a m N a) LO ti C6 V- Terms & Conditions per the BAEMS Contract #19-7592, Time & Material Not To Exceed Total Amount Shown. Packet Pg. 565 # Item & Description Qty Rate Amount 10 Scope of Work - Description 15,919.56 1.00 15,919.56 0) Estimated Smoke Testing and Support Subcontractor 'a - Subcontract invoices to be submitted per contract. m N a) 11 Sub Contractor Markup 2,387.93 1.00 2,387.93 ti Subcontractor Markup per contract: o6 15% Mark-up on subcontractor per contract rate. V_ O Z 12 Scope of Work - Description 35,315.11 1.00 35,315.11 r m Estimated Test & Balance Subcontractor Cost - Subcontract invoices to be submitted per contract. L Q 13 Subcontractor Markup 5,297.27 1.00 5,297.27 m Subcontractor Markup per contract: 15% Mark-up on subcontractor per contract rate. r 00 LO 14 Description 6,107.00 1.00 6,107.00 0 Bond per contract on $424,130.17 (Tiered pricing) -a Thank you for the opportunity to provide you with an estimate! Sub Total 430,237.17 Pricing does not include Freight or Sales Tax unless displayed. Total $430,237.17 Terms & Conditions per the BAEMS Contract #19-7592, Time & Material Not To Exceed Total Amount Shown. Packet Pg. 566 16.C.1.d 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) Courthouse Annex Building L1-Plug Smart will remove the proprietary JCI HVAC Controls and furnish/install a complete BACnet Reliable controls system and tie into the existing Reliable Controls Front -End server located at the County's Facilities Management Office to address the failed smoke control system. The price quoted by ( PlugSmart ) 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: Component price estimate $390,200.00 High sq.ft. price estimate $718,284.00 Low sq.ft. price estimate $598,570.00 Plugsmart Proposal $430,237.17 See attached spreadsheet. Prepared By John McCormick, PE Date 01/19/23 est. FYI v.1 N N d C N R C 0 N O d 0 U i rn 0 ri N O N r a m E t 0 r a Packet Pg. 567 •ON;uauaaaj6daapun `�gg0�# lesodoid anoiddd : ZgbtiZ) ssaualgeuoseab;soO— 66 MEZOZ :;uauay38llV co w 6 a a> .�c R a 16.C.1.d Co 7e-r C01.14ty Public Utilities Department Facilities Management Division 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 $5.00 to $6.00 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 JCl/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 JCl/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. - 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. We intend to award Proposal No. 10581, 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, M CCo rrYl I CkJ o h n Digitally signed by McCormickJohn Date: 2023.01.19 14:15:51-05'00' John McCormick, P.E. Interim Director Facilities Management Division r a Facilities Management Division • 3335 Tamiami Trail East, Suite 101 • Naples, Florida 34112-5356 - 239-252-8380 Packet Pg. 569