The URL can be used to link to this page

#10-5417 (Electrical Contracting Serv) A G R E E MEN T 10-5417 for "ARRA Green LiQhtinQ for Parks" THIS AGREEMENT is made and entered into this ~day of Ap;, I , 2010, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Electrical Contracting Service, Inc., authorized to do business in the State of Florida, whose business address is 2375 West 77th Street, Hialeah, Florida 33016 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: This Agreement shall commence after receipt of the Notice to Proceed, in the form of a letter from the Contract Manager. The work shall begin within ten (10) days after receiving a Notice to Proceed from the County and the Contractor shall have the Work complete on or before the expiration of three hundred sixty five (365) days from the date of the Notice to Proceed. 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 thirty (30) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term, not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide labor and materials to retrofit existing light fixtures with new Energy Efficient Lighting (Musco's Green Generation Lighting System) in accordance with the terms and conditions of BID #10-5417, ARRA Green Lighting for Parks and the Contractor's bid referred to herein and made an integral part of this agreement. This project is being funded by the American Recovery and Reinvestment Act (ARRA) under a grant from the United States Department of Energy (USDOE), Energy Efficient and Conservation Block Grant (EECBG) and the Contractor must meet all the requirements for ARRA implementation, disposal and reporting as set forth in Exhibits I.A, I.B and I.C, granting requirements. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of Four Hundred Eighty Five Thousand Eight Hundred and Nine Dollars ($485,809.00), based on the unit prices set forth in the Contractor's bid, subject to Change Orders as approved in advance by the Project Manager or his designee. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Electrical Contracting Service, Inc. 2375 West 77th Street; Hialeah, FL 33016 305/556-0041 Telephone; 305/820-0553 Fax Page -1- Charles H. Floyd, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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 Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to comrnence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terrninate Page -2- said Agreement for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General 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 Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreernent. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 12.BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. Page -3- 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 "A". 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, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish 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 "B" 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 "C". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list 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 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 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. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16.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. Page -4- 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. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed 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. 18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19. 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 and ready for occupancy by Owner. 20.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. Page -5- 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. 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 Owner is entitled as a matter of law. 22.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. 23. 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 Owner 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 Owner. 24. 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 Owner or Owner'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 Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page -6- 25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. 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. 26. 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 therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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 punch list. 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, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his 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: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) 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. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page -7- 27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, BID No. 10-5417, any addenda, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Order. 29. 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, 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 contract held by the individual and/or firm for cause. 30.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. 31. 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. No markup shall be applied to sales tax. 32 IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. 33. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 35.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. Page -8- IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. lerk of COu~\c.. ~L- ~~ First Witness "'S' ,Ad (\'\0-<"" I,",> Type/Print Witness Name ~7! Second Witness c~""" k t--'\ ^.~^ Type/Print Witness ame BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '-1. ^ Lv C~~ By: ~ Fred W. Coyle, Chairman . Electrical Contracting Service, Inc. '>\i ~ By: .~~~'-~ _ ,U - Signature _CA" Pr \", ~ r-:= \ h-1,1 Typed Signature pr~ ',., ;\"' " i- Title Page -9- EXHIBIT A PUBLIC PAYMENT BOND Bond No.S720375 Contract NO.1 0-5417 KNOW ALL MEN BYTHESE PRESENTS: That Electrical Contracting Service Inc 2375 'd 77 St, Hialeah, Fl 33016 , as Principal, and Old Dominion Insurance Company ,as Surety, located at_ 4601 Touchton Road East, Jacksonville, Fl 32245-6100 (Business Address) are held and firmly bound to Board of County Commissioners for Collier County, Fl as Oblige in the sum of Four hundred eighty-five thousand eight hundred ($ and nlne tll,l'>,R09. for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. 13 day of Apri 1 fi xtures \"lith ARRA Green Lighting in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. WHEREAS, Principal has entered into a contract dated as of the 2010,:tGtil_,withObligefor labor and materials to retrofit li ht energy efficient lighting ( Musco Green Generation Bid # 10-~417 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 13 day of Apri 1 2010 20, the name of under-signed representative, pursuant to authority of its governing body. Page -10- Signed, sealed and delivered in the presence of: PRINCIPAL: f;; ~ Jd~/- J! Witnesses as to Principal Electrical Contracting Service Inc By: Name: Its: ~,.'~,,,^ \... ~'-\~ Charles Flovd President STATE OF COUNTY OF Florida lJade The foregoing instrument was acknowledged before me this Ie; of fr\ f'ttLGH 201'0, by_ Cf-hFtR.lJS FLO'lO , as PR..E.!>- of f!Lfcnf/Cf!-c CDfoJT1GA<--rllJG- .SE.-rCl) INC, a r:: L- corporation, on behalf of the corporation. He/she is treri(o~ known to me OR has produced as identifica' n and did (did not) take an oath. . .!:./~ My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Old Dominion Insurance Sompany (Printed Name) 4601 Touchton Road East Jacksonville, Fl 32245-6100 f-L--~ ~ {;I-- 71 Witness as to Surety (Authorized Signature) (Printed Name) OR Page -11- ~~ ~>L/ tI if 71 Witnesses 6tJpfA ~~ As Attorney in Fact Charlot Floyd (Attach Power of Attorney) Advanced Insurance Underwriters LLC 3250 N 29 Ave (Business Address) Charlotte Floyd (Printed Name) , Hollywood, Fl 33020 954 4169696 (Telephone Number) STATE OF Florida COUNTY OF Broward The foregoing instrument was acknowledged before me this ~ day of fI1 n- ~( tt 20@., by C~~!fif5E p L.() Y vJ , as 0 fJ E IN fiC T of (9/...() ()A) , Surety, on behalf of Surety. He/She is ersonall)! known to me OR has produced as ident" ication a ho did (did no a e an oath. My Commission Expires: TOL.\lrJ (AFFIX OFFICIAL SEAL) Notary Public, State of \:::\.. 0 RivA Commission No.: \l 0, ol./.- l\ 5' Q""~Y ...~~ Nota. ry Public State of Florida ~ ~ George o Town ~ c: Z My Commission 00707245 T;).OfIf\.o" Expires 10/24f2011 Page -12- EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. 5720375 Contract NO.1 0-5417 KNOW ALL MEN BY THESE PRESENTS: That Electri ca 1 Contractinq Service Inc 2375 L~ 77 St, Hialeah, Fl ,as Principal, and Old Dominion Insurance Company ,as Surety, located at 4601 Touchton Road, East, Jacksonville, Fl 32245-6100 (Business Address) are held and firmly bound to Boa rd of County Commi ss i oners for Co 11 i er County, as Oblige in the sum offour hundred ei ohtv-fi ve thousand. ei ght hundred nine ($ 435,809.00 ) 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 200_, with Oblige for lrihnr rinrl mritpriril< tn rptrnfit 1 i~ht fiyt'lre< '~ith lighting ( Musco Green Generation) Bid # 10-5417, ARRA Green Lighting April 2010 pnpr~y @ffici@~t 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 -13- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 13 day of Apri 1 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 2010 Signed, sealed and delivered in the presence of : fL /.-- /h-...o ~z;o (/ Pi Witnesses as to Principal PRINCIPAL: Electrical Contracting Service Inc By: ~.~~~~~\~ Name: r.h,,,lp, Flnyrl " "~ P"p,irlpnt STATE OF COUNTY OF A6<'.I... fJ...." >v~ The foregoing instrument was acknowledged before me this ~ day of M A I<-ci-t 20o)::;fD,by ('f1ftPL{:S. FLOYD ,as Ej!""-S of E.u:..i2'TR-lcflL fK: s~() / IVC ,a L corporation, on behalf of the corporation. He/She is er onal], known to me OR has produced as identif ation and did (did not) an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ure otary) fJ{}AJCV lUtS Name: (Legibly Printed) ~\\\\\\\\\mIllIlIJJIIJ/~, #~",~l t-'U';~~ ~O,r...... U( ~ ~.s. .... ....0~ ~ '- . ~ ~ : NANCY IVETTE '. % .. . . ~ E : U~NNI~ : a ~ (/) o. My Commission : <( ~ "',..-'I'. E".S.!t.25,2013:~!j .,%,...,;:....uu 13!H!J...~ ~~~ .~~ ~ ...... 0 #<; ~Q. OFf\.. ~'" ~/""I/II/1II1\I\\\\\I\\'I1 Notary Public, State of Commission No.: Page-14- ATTEST: SURETY: Old Dominion Insurance Company (Printed Name) 4601 TOllchtnn Rniln Fil<;t Jacksonville. Fl 32245-6100 f-A- ~ ~'">= '(/- l! Witness as to Surety ~l--- ,f c/ Witnesses ~~-:; ~- 71 (Printed Name) A'O:tt{!~!#~ Floyd (Attach Power of Attorney) Advanced Insurance Underwriters LLC 3Z~U N Z~ Ave Hollvwood. Fl 33020 (Business Address) (Printed Name) Charlotte Floyd STATE OF COUNTY OF n_ l3R 0 L..)A" ~O 954 416%96 (Telephone Number) The foregoing instrument was acknowledged before me this 2o/D,by elf/fri2LOtrE F(OYtJ ,as 0 of Q l D P () {\11 I N i 0 ^ J , Surety, on behalf 0 Surety. He/She is ersonally nown to me OR has produced as identification who did (did no My Commission Expires: otary) Name: <;c: 0 pet 0 \" 0 w N (Legibly Printed) Notary Public, State of 1"\...01< IDA Commission No.: 00'1 Q '1;:) '-I " (AFFIX OFFICIAL SEAL) , - 'd , ~'1.(J.ct-_ Notary Public State of FIOri a , , ~~ 't- George D Town . .; My Commission 00707245 '\.Of;"o'f Expires 10/24f2011 ,~ Page -15- ~_,o,_,~__,___._",~"_,_",__~"._~..'C_""W'.~"".~,_'_"__'''~__.''_~r~..___.____~,______ 'fJ . '~, ,... :.'-" '" ~., , '.' " .'. " ~OLD DOMINION . r, ~JrNsuRANcE €0MPANY A~8mber 01 The Mal"Str"'" America Grov~' POWER OF ATTORNEY 06-0104115 ,;.,. , .,'. , ',' .'.' . KNOW ALL MEN BY THESE PRESENTS: That Old Dommion Insurance Company, a Florida corporation haVing its principal offi<;e in'the City of Jacksonville, State of Florida, pursuant to Article XU Section 2 of the By-Laws of said Company, to wit: . . ^ ^, ' "ArticleXIl Section 2: The board of directors, the president, any'vice president, secretary, or the ,treasurer shall have the power pnd authority to appoint atto!11eys-in-fact and to authorize them to execute on behalf of the company and' affix the seal of the company thereto, bonds, recognizances, contracts of indemnity, or writings obligatQry. in the nature .of a bond, recognizance or conditional undertaking and to remove 'any such attorneys:in-fact at any time and revoke the power and authority' given to them." does hereby make, constitute and apPQint A Hadi Fatid, C.11atloh~ floyd, Harvey Sheldon --------___________ its true and lawful'Attomeys~in-fact..to make, execute, seal an~ deliver for and on ils.behalf, and as its act and bonds, undertakings, recognizances, contracts of indemnity; or other writmgs obligatory in nature of a bond subject to the folloWil1g limitation: , '", 1) No one bond to excee<f Five Million Dollars ($5,000,000.00). . . ., and to b.ind Old Dominion Insurance Company thereby as fully and to the same extent as if such instruments were signed by the d;rly authorized officers of the Old Dominion InsuranceCQmpany; the acts qf ~aid Attorney are hereby ratified and confirmed. -,.. ~', . This power of attorney is signed and sealed by facsimIle under and by the authority of the following resoh.ition adopted by the Directors Of Old Dominion Irlsurance Company. .. RESOL VED, that the sign<Jtures and attestations of such officers and the seal of the Company may be affixed to any such power of Attorney by facsimile, ane! any such 'Power of Attorney bearing such facsimile ~ignatUresor facsimile seal shan be valid and binding upon the Company when so affixed ';"ith I;espect tq any bond, or other contract of lOdemnity or writing obligatory in the nature thereof. IN WITNESS WHEREOF, Old Dominion Insurance Company has. caused these presents to be signed by its Vice President and its corporate seal to be hereto affi"ed this 1st day of March, 2006. OLD DOMINION INSURANCE COMP ANY By; State oflilorida, County of Duval. On this March 1, 2(jQ6 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly conrmissioned and qualified, Came Brian J. Beggs Gfthe Old DGminiGn Insurance CGmpany, tG me persGnally known to be the officer described hetein, and who executed the preceding inslIUmcn~ 'lnd he ackJl()wlcdged the execution of same, and being by me fully sworn, depoked and said that he" is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as oflicer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that ArtiCle XlI Gf the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville, FIGrida this 1st day of March, 2006. ~ ~"" ' '--', . p. A. Harrell \,.. rI ~~~~s,eg~~ ~~25 ':. " ." . " ,,' , .11i..-,. ~TlOtF""$tl&I<<.---~lll}.1Ot8 I, William C. McKeIUla, Secretary of the Old Dominion Insurance Company, do bereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company and which is still in full force and effect IN WITNES~ WHEREOF, I have hereunto set my hand and affixed the seal of said CGmpany at J~'-:d Florida this ~ day of _.-l1ilrc1L-.._,.2_010~_. $~ (~A W ARNfNG: Any unauthorized reproduction or alteration of this uocument is prohibited. Tn CON~rRlvl v A[.lDITY of the attached bond piease call 1-800-225-5646. TO.SUBMIT A CLAIM: Send all correspondence to 55 We'it Street, Keene, NH 03431 Ann: Bond Claims. "",\\\\~~~~rllllllq", ,$>\,~t?ll'o~"'\ ~"",,, ."f~..'"f'~ \~(:;;:~"~J 7~1111111/1111111\\\\\\"~~ Printed in cooperation with the American Institute of Architects (AlA) by the Old Dominion insurance Company of 4601 Touchton Rd. East #3300, Jacksonville, FL 32246 904-642-3000. The ianguage in this document conforms exactly to the language used in AlA Document A310, February, 1970 edition. 68-5302 (11100) . 444117 ACORD. CERTIFI _ .TE OF LIABILITY INSURANCE "'TE~ 1/27/10LCA THl8 CER11FICATE IS ISSUED AS A MAllER OF INFORMATION ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1KIS CERTIRCATE DOES NOT AMEND, EXTEHD OR ALTER THE COVERAGE AFFORDED BY THE POUCIElI BELOW. PRODUCER Advanced Inaurance UndMwrIlers 3250 North 29th An. Hollywood, FL S302G-1313 954 963-41666 Electrlcel Contracting Servlce, Inc. 2375 West 77 Slnlet HlalHh, FL 33016 INSURERS AFFORDING COVERAGE ,.......,... Naulll.. Insurance Co n ..."".,. '" Ev.....lnaurance Comp"" 'NSUR'" Co Ihe Phoenllllns Co (Tnvalara "...",.... '" Ma Insurance Co of Fl INSURERI!':. HAlC. ......... COVERAGES THE POLICIES OF INSURANCE \..ISTED BELOW HAVE BEEN JSSueD TOme INSURED NAMED ABOVE FOR THE POLICV PERIOD INDICATED. NOTWITHSTANDING N4Y REQUIREMENT. TERM OR CONDITION OF ANY CON'IlW:T OR 01llER llOCUIoIeNT WITH RESPECTTO WHICH THIS ceR11F1CATE MAY BE ISSUED OR MAY PERTAIN, THE INSUIWlCE AFFORDED BY THE POIJCIES DESCRIlED HEREIN IS SUBJECT TO AU. THE TERYS. EXCUJ810NS AND CONDmONS OF SUCH POLICIES. AGGR~TE UMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. nPI! OF I&IUIWfCE PDI.JCT_ y A X """......1.IMIJrY NC963164 CO,..I!RCIAL GENEfW. UABlUTY CLAIMS MADE [i] OCCUR I.t:DEXPllilnYone PERBOHAL. AW lNJUR'r' GENERAL AGaREQATE PROOUCT8. COMPIDP AUG X D 4150090002452 0110112010 01/0112011 COMBINED B1NGl.E UMIT ,..- '1,000,000 X X X BODU.Y INJURY l""'.......l . BODILY INJOOV (fIw8DCldllm) . PROPeRTY DAMAGE c C"--l _UAIIlUn .... AUTO onERlliAN AUTO ONl.Y: AUTO ONlY - EA ACaDEHT , ...ACe $ AOG $ $ . $ . $ EACH OCCUAllENCE OCCUR AGGREGATE DEDUCTIBlE AETEH110H S B =:;~nDllMO 21DOOO24~1101 Nf'( PRC:JIl'ftE11)MARTNeRlEXECUllYE fill', ~EXClweD? U . -- . C ""'Ill EQUIPMENT I64I07tl48Al14OPHX FLOATERlRENTAL 01/8112010 111/111/2011 x we STA1U. D'n+ E.l. EACH ACCIDENT .11100 00lI E.LOiSEASE-"'EMPC $100111100 E.LIllllEASE_l'OUCYliMIT 11000 0011 $557,326 ANY ONE OCCUR $557,326 ANNUAL AGGR 111101120111 01/0112011 OUCRlPlJON Of ONltA11OH8/LQC1t.notdt/VI!HICLI!81EXCLU1tC1H8 ADDED.V INIWl-. NT J 1PECfAJ.1ItmVIIlON8 For any .nd ell work porfarmad on behalf of COil.... Coullly (s.. Attll<:hed DalIcrfptlons) CE FlCA TE HOLD R TlO 111 for Non-P . Collier Coullly Purchalng Departm.nt 33111 ramll!lll Trail Eat NIIp1... FL 34112 IHOlA.D Nff OF lIfE! AIIOVE DE&CRaED POUCIIi. .e'CAJfCeUED IIeF'DRr: l1tI! ellPlIlAllOH DAlIiTHEREOF. Tm! tAUWfOlHS1JImRWRJ. EltDEAVORl'OlIMR. -3Q... UAY$WIIm'EN NCmC6 TO nE CI!R1FICATE tIOLDER NAEDTO 1tfE LEFT.BUT FM.URE TO 00 eo ItWJ. ...-oR NO O8l.KIATJOIf OR I.JABILJ1Y OF AMY KIlO lJIIlOM THE IdURER. R8" N'JaI(q all ACORD 25 (2OOlI10111 of 3 1fS8016211M6lll1861 Ii 1118"z009 A '111. ACORD nama and logo ... rogloto.-d mom of ACORD CORPORATION. All rfghbl.........d. LeA IMPORTANT If the <:ertillcate holder!e an ADDmONAl. INSURED. the poIlc:y(las) must be .....dotsed. Aslalernanl on !hie ""rtilicatu d""" not confer rlg/ltlIlo the certificale holder in lieu of such endotse""'nt(s).. II SUBROGATION IS WAIVED. subject to thatermlland condltiansollhepollc:y,c:ertain po/ieiaS may ntqulre an endorsemant A ala_I on this C8ltIficale _ not confar rigl11B to the certillcata hOlder In tleu of such andorsemBnl(s). DISCLAIMER The Cartfflcata of Insurance does not conaIilula a conlracl between Ih9 iSeulng insu/lll(e), authorized representa1lva or prodUClll", and the C8flifiCllte holder, nor does tt alllrmatlVBly or negallvely amand, 8ldand or alter lI1a coverage afforded by the polldes listed thereon. ACORD 25 (2008101) 2 of3 iIS8076211M800881 D CRIPTIONS (Continued from'. ~ge 1) Blenket AddlUonellnsured Endonemenlepplln to 0......1 LIability policy. - Supplemental Neme - Nemed Insured reade;- Electrtcat ConlradIng Service, In..., & C&C Aullllflna.lnc:, AM8 25.3 (_1) 3 ofS ts807821/MBO0881 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("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 200_ for the period from to (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, have been fully satisfied and paid. (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._ CONTRACTOR BY: ITS: President DATE Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of , a corporation, on behalf of the corporation. personally known to me or has produced identification and did (did not) take an oath. He/she is as My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page-16- EXHIBIT C 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) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No 10-5417 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project 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 $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION 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: $ 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 DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: (Type Name & Title) By OWNER'S Project Manager: Page -17- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 10-5417 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -18- EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: 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 substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -19- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: 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 ,20_ Design Professional 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 -20- EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date 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 Page -21- The following warranty is attached to and made a part of this Certificate: Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page -22- EXHIBIT G WARRANTY I n 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 -23- Exhibit I.A Granting Agency Requirements Funded by the US Department of Energy Energy Efficiency and Conservation Block Grant Program It is the intent of the County, whenever feasible, to use this agreement for the design, planning and/or execution of projects funded by County, andlor public and/or private granting agencies. The purchase of all goods and services that are funded through Federal and/or State Grant Appropriations shall be subject to the compliance and reporting requirements of the Federal/State Granting Agency. 1. Debarment and Suspension (E.O.s 12549 and 12689)- Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the non procurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Contractors debarment and suspension status will be validated at the Federal Excluded Parties List System at: https://www.epls.Qov/ and the State of Florida at http://dms.mvflorida.com/ business _ operations/state _pu rchasing/vendor _ information. 2. American Recovery and Reinvestment Act of 2009 (ARRA) Special Terms and Conditions: The American Recovery and Reinvestment Act of 2009, Pub L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long- term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases (http://www.recoverv.Qov/?Q=contentlact) A. ReQistration: Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor Registration database (CCR). CCR registration can be completed at http://www.ccr.Qov. CCR registration must be completed before to issuance of a Notice to Proceed. Registration must be obtained during the life of the grant funded contract. B. ReportinQ: Federal reporting on projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA) , requires vendors to report their Dun and Bradstreet number (DUNS). Vendors who do not know their DUNS number may receive more information through www.dnb.com and select "0 & B D-U-N-S Number." A DUNS number request takes approximately 30 days to receive and there is no cost. Vendors will need this number if they are awarded a project with ARRA funds by Collier County prior to issuance of a Notice to Proceed. This number must be maintained through the life of the grant funded contract. Depending on the contract amount and annual gross revenues in Federal awards, vendors may also need to report the names and compensation of the five most highly compensated officers of the company. A DUNS number is one of the requirements for registration in the Central Contractor Registration. In addition, the vendor shall provide any required data such as but not limited to number of jobs created to adhere to the reporting requirements of ARRA funding by the deadlines the County establishes. Page -24- 3. Buy American: Section 1605(a) of the Recovery Act directs that, subject to certain exceptions, no funds appropriated or otherwise made available for a project may be used for the purchase of equipment and products, construction, alteration or repair of a public building or public work unless all the iron, steel and manufactured goods used are produced in the United States. The law covers Recovery Act-funded federal contracts as well as Recovery Act-funded state and local public works projects. 4. Contracting with small and minority firms, women's business enterprise and labor surplus area firms. (1) The vendor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and 5. Equal Employment Opportunity-All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 6. Copeland "Anti-Kickback" Act (18 US.C. 874 and 40 US.C. 276c) -All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 7. Davis-Bacon Act, as amended (40 U.s.e. 276a to a-7) - Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency_ Prevailing wages are available at the US Department of Labor's site http://www.qpo.qov/davisbacon/ fl/html. General Decision Numbers FL080111 and FL080252 are attached. 8 Contract Work Hours and Safety Standards Act (40 US.C. 327-333) -Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance Page -25- with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11/2times the basic rate of pay for all hours worked in excess of 40 hours in the work week Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9. Rights to Inventions Made Under a Contract or Agreement -Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 10. Clean Air Act (42 US.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 US.C. 1251 et seq.), as amended -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11. Byrd Anti-Lobbying Amendment (31 US. C. 1352)- Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award Such disclosures are forwarded from tier to tier up to the recipient. 12. Access to Records - With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized -- (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. 13. Protecting State and Local Government and Contractor Whislleblowers. - The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct), a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: - gross management of an agency contract or grant relating to covered funds; - a gross waste of covered funds; - a substantial and specific danger to public health or safety related to the implementation or use of covered funds; - an abuse of authority related to the implementation or use of covered funds; or - as violation of law, rule, or regulation Page -26- related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: - Order the employer to take affirmative action to abate the reprisal. - Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. _ Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). Page -27- I a~,c; I UI.J General Decision Number: FL080111 02/12/2010 FL111 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number o 1 2 Publication Date 07/10/2009 09/04/2009 02/12/2010 ELEC0349-00S 08/31/2009 Entire County except that portion due west of Broward County and east of the south southwest corner of Hendry County Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 25.05 7.56 ELEC0728-00S 08/31/2009 Remainder of County Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 28.46 12.5%+5.00 * ENGI0487-007 01/01/2010 Rates Fringes OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for work) j Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice) ; Hydra/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranesj Boom Truck. . . . . . . . . . . . . . . . . . $ 28.30 Cranes with Boom Length Less than 150 Feet (With 8.78 http://www.wdol.gov/wdollscafiles/davisbacon/FLll ] .dvb 2/16/2010 Page 3 of 5 OPERATOR: Paver.................$ 11.69 0.00 OPERATOR: Pump..................$ 19.00 0.00 OPERATOR: Roller................$ 10.68 0.00 OPERATOR, Screed................$ 11.34 0.00 OPERATOR: Tractor...............$ 9.91 0.00 OPERATOR: Trencher..............$ 11.75 0.00 PAINTER: Brush and Roller Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13.46 0.00 PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . . $ 17.83 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 13. 58 0.00 ROOFER (Metal Roofs only)........$ 14.26 0.59 ROOFER, Including Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply and Slate & Tile (Excluding Metal Roof)...................... $ 13.92 0.52 SHEETMETAL WORKER................$ 18.79 3.21 TILE SETTER......................$ 14.61 0.00 TRUCK DRIVER: Dump Truck........$ 10.00 0.00 TRUCK DRIVER: Lowboy Truck......$ 12.09 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------- ---------------~---------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)) . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - In the listing above, the !ISDn designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. -------------~-------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS http://www.wdol.gov/wdollscafiles/davisbaconiFLlll.dvb 2116/2010 Page 5 of 5 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/FLlll.dvb 2/16/2010 Department of Energy Golden Field Office 1617 Cole Boulevard Golden, Colorado 80401-3305 February 4, 20 I 0 Dear ARRA Recipient: In your Energy Efficiency and Conservation Block Grant (EECBG) award, the current Special Terms and Conditions contain the provision entitled "Waste Stream". This provision required all recipients to provide documentation to the Department of Energy (DOE) Project Officer demonstrating that the recipient or subrecipient has prepared a disposal plan for sanitary or hazardous waste generated by the proposed activities, prior to the expenditure of Federal funds to dispose of sanitary or hazardous waste. DOE was subsequently required to provide written approval of the proposed disposal plan. The provision has been revised to remove the requirement for submittal and approval of the waste management plan, and will be incorporated into your award through a modification in early 2010. The revised provision now reads as follows: WASTE STREAM The Recipient assures that it will create or obtain a waste management plan addressing waste generated by a proposed Project prior to the Project generating waste. This waste management plan will describe the Recipient's or subrecipient's plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a result of the proposed Project. The Recipient shall ensure that the Project is in compliance with all Federal, state and local regulations for waste disposal. The Recipient shall make the waste management plan and related documentation available to DOE on DOE's request (for example, during a post-award audit). Please note that recipients are responsible for collecting and maintaining waste management plans for sub recipients as applicable. Until the modification is executed by DOE, this letter will serve as official notification of the change. For questions or concerns regarding your award, please contact your cognizant DOE Project Officer. Sincerely, , ~a- Sara Wilson Contracting Officer r,d,,,' R"y'';'" r"""," * r"""" "" R",-,"" r,p'" .,V' ;~\~~~. Carrier County ~ ':',>,',:',,_c ,:tt::', ~,,-,,;:,:,..-~,:-,,~'!T~~i\,;,,,.->,_ ,',,-, 'x,> :',.c_': !,:"'i'~~":'--/HI'i'",-!'~""i, 'c.c-",!l"_i';',":,,' '" Public Utilities Division Solid Waste October 19, 2009 Ms. Jennifer Holman Project Officer U.S. Department of Energy Golden Field Office 1617 Cole Boulevard, MS 1521 Golden, CO 80401 Re: Waste Stream Clause - DE-EE000783 Dear Ms. Holman: In an effort to remove the award conditions related to the National Environmental POlicy Act (NEPA) that have been placed on Collier County's Energy Efficiency and Conservation Block Grant (DE-EE000783), this letter should serve as verification that Collier County provided due diligence to each Activity listed in our Application and our Assistance Agreement related to the Waste Stream Clause. The waste that will be created and the disposal plan for each is described by Activity below. The Solid Waste Management Department can verify that the Collier County Landfill has capacity to accept the allowable solid wastes created as a result of these projects. Activity #1: Facilities Management Energy Efficiency Retrofits Waste Created: Lamp fixtures, light bulbs, ballasts, and chiller equipment. Disposal Plan: Materials that can be recycled will be boxed up and taken to the Naples Recycling Center via the Facilities Department. The chiller will be dismantled onsite and have the refrigerant removed and recovered prior to dismantling. To be in compliance during this project, Collier County Facilities Department will follow Section 608 of the Clean Air Act of 1990, as amended (CM), including final regulations published on May 14, 1993 (58 FR 28660), August 19, 1994 (59 FR 42950), November 9, 1994 (59 FR 55912), and July 24, 2003 (68 FR 43786). .Gl). ScJ.dWasle t'~1r"J€m"nl OBpMI11El1I' 3301 Tomiami Tra,l East. 8ldg. H . Naples. Florida 341 t2' 239.252.2508 . FAX 239.774.9222 Ms. Jennifer Holman October 19, 2009 Page 2 of 3 The Department will also require, as part of the service agreement and/or contract, that the contractor/vendor be responsible for the proper disposal of all waste generated as a result of these projects. This will include proper disposal/recycling of solid waste as described in 40 CFR 260 Appendix 1, universal waste as described in 40 CFR Part 273 Standards for Universal Waste Management, and hazardous waste as described in 40 CFR part 260-268 RCRA regulations governing hazardous waste to include possible offsite disposal requiring a certified TDS (Treatment, Storage and Disposal Facility). Activity #2: Parks and Recreation Green Lighting System Retrofits Waste Created: Light fixtures, lamp fixtures, and metal halide fixtures. Disposal Plan: Materials that can be recycled will be boxed up and taken to the Naples Recycling Center via the Parks and Recreation Department. Waste lamps that are removed from light fixtures will be packed up and delivered to the warehouse of the vendor that Collier County Parks and Recreation Department chooses to use for installation of all new lamps. Parks and Recreation will ensure that the vendor requires and provides Certificates of Recycling that reflect the address where the waste was generated, the date it was recycled, a description of the material recycled, and the location in which it was recycled. This Certificate of Recycling will be maintained by the vendor and Collier County Parks and Recreation Department will request copies for maintaining a paper trail. The Department will require, as part of the service agreement and/or contract, that the contractor/vendor be responsible for the proper disposal of all waste generated as a result of these projects. This will include proper disposal/recycling of solid waste as described in 40 CFR 260 Appendix 1, universal waste as described in 40 CFR Part 273 Standards for Universal Waste Management, and hazardous waste as described in 40 CFR part 260-268 RCRA regulations governing hazardous waste to include possible offsite disposal requiring a certified TDS (Treatment, Storage and Disposal Facility). Activity #3: Public Utilities Energy Savings Retrofits Waste Created: Light fixtures, iamp fixtures, ballasts, and packaging material. Disposal Plan: Materials that can be recycled will be boxed up and taken to the local recycling center by the contractor. The Department will require, as part of the service agreement and/or contract, that the contractor/vendor be responsible for the proper disposal of all waste generated as a result of these projects. Ms. Jennifer Holman October 19, 2009 Page 3 of 3 This will include proper disposal/recycling of solid waste as described in 40 CFR 260 Appendix 1, universal waste as described in 40 CFR Part 273 Standards for Universal Waste Management, and hazardous waste as described in 40 CFR part 260-268 RCRA regulations governing hazardous waste to include possible offsite disposal requiring a certified TDS (Treatment, Storage and Disposal Facility). Activity #4: Public Utilities PV Waste Generated: Packaging material and construction debris (this does not include PV panels which are ordered and delivered at the appropriate size and will not be cut down). Disposal Plan: Materials that can be recycled will be boxed up and taken to the local recycling center by the contractor. The Department will require, as part of the service agreement and/or contract, that the contractor/vendor be responsible for the proper disposal of all waste generated as a result of these projects. This will include proper disposal/recycling of solid waste as described in 40 CFR 260 Appendix 1, universal waste as described in 40 CFR Part 273 Standards for Universal Waste Management, and hazardous waste as described in 40 CFR part 260-268 RCRA regulations governing hazardous waste to include possible offsite disposal requiring a certified TDS (Treatment, Storage and Disposal Facility) Please let me know if you need any additi C;""e~r~ . ~~~# ~~/i~ Daniel R. Rodriguez, ~A., , Director Solid Waste Man ment Department C: Joshua Thomas, Assistant Grant Coordinator, Collier County Grants Office EECBG - DE-EE0000783 Grant File Exhibit I.B Granting Agency Forms GRANTING AGENCY FORMS DISCLOSURE OF DUNS AND CCR NUMBERS The American Recovery and Reinvestment Act of 2009, Pub. L 111-5, (Recovery Act) was enacted to preserve and create iobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection such as the number of iobs created, and resources as specified in Act itself and as discussed below. Registration Section 1512 provides that first tier Contractors of ARRA funds must reqister with Central Contractor Reqistration database (CCR). CCR registration can be completed at http://www.ccr.gov. CCR registration must be completed before the first quarterly Section 1512 report is due. Federal reportinq on proiects funded bv the Recoverv Act. will require contractors and subcontractors to report their DUNS number. The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS number, visit www.dnb.com and click on "D & B D-U-N-S Number" to obtain a number. Compliance with American Recovery and Reinvestment Act of 2009: This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the federal reporting requirements for the project(s), through monthly reports, for both the contractor and subcontractors. The Contractor shall provide the required information on formes) provided by the County in the timeframe indicated in the instructions and shall further include these reporting requirements in all subcontracts. Authority of the Comptroller General: Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the authority: (1) to examine any records of the Contractor or any of its subcontractors, or any State or Local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or Local government agency administering the Contract, regarding such transactions. Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict in any way any existing authority of the Com ptroller General. PROVIDE THE FOLLOWING FOR ARRA 1512 REPORTING: NAME CCR# !(;. i.c;i. Prime Sub #1 Sub #2 Sub #3 Sub #4 Sub #5 Page -28- Granting Agency Forms: Declaration of Debarment The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as "Debarment and Suspension") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Electrical Contracting Service, Inc. Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and/or suspend/debar the bidderlsignatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Charles H. Floyd - President Name(s) and Title(s) of Authorized Representative(s) Electrical Contracting Service, Inc. N\'~e~f ~USi"-~SS ~ /~o.c_\..\~\.\. Jan. 28, 2010 Authorized Signature(s) Date (8) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s) and Title(s) of Authorized Representative(s) Name of Business Authorized Signature(s) Date #10-5417 ARRA Green Lighting for Parks 11 """" ,,-.. Exhibit I.C Musco lighting Specification Immokalee Community Park Bid Proposal Field Lighting Project Immokalee, FL SECTION 16526 - SPORTS FIELD LIGHTING PART 1 - GENERALSUMMARY A. Work covered by this section of the specifications shall conform to the contract documents, as well as state and local codes. B. The purpose of these specifications is to define the performance and design standards for Collier County. The manufacturer 1 contractor shall supply lighting equipment to meet or exceed the standards set forth by the criteria set forth in these specifications. C. The sports lighting will be for the following fields: 1. Baseball 2. Softball 3. Softball #2 4. Tennis - 2 courts 5. Basketball- 3 courts D. The primary goals of this sports lighting project are: 1. Life Cycle Cost: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated, and the field(s) should be proactively monitored to detect fixture outages over a 25 year life cycle. To allow for optimized use of labor resources and avoid unneeded operation of the facility, customer requires a remote onloff control system for the lighting system. 2. Environmental Light Control: It is the primary goal of this project to minimize spill light and glare. 3. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players and the enjoyment of spectators. Therefore the lighting system shall be designed such that the light levels are guaranteed for a period of 25 years. E. Design and Permitting 1. Contractor shall be responsible for providing all necessary electrical design drawings required for permitting. 2. Contractor shall be responsible for securing all necessary permits. 1.1 LIGHTING PERFORMANCE A. Performance Requirements: Playing surfaces shall be lit to an average constant light level and uniformity as specified in the chart below. Light levels shall be held constant for 25 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Measured average illumination level shall be +1-10% of predicted mean in accordance with IESNA RP~1, and measured at the first 100 hours of operation. #10-5417 ARRA G.--. Lighting for Par1<s 12 -, ""' Average Constant Maximum to Grid Grid Area of Lig hting Minimum Light levels Unifonnitv Ratio Points Spacing Baseball Infield 50 footcandles 2.0:1.0 25 30' x 30' Baseball Outfield 30 footcandles 2.5:1.0 105 30' x 30' Softball Infield 50 footcandles 2.0:1.0 25 20' x 20' Softball Outfield 30 footcandles 2.5:1.0 65 20' x 20' Tennis 40 footcandles 2.5:1.0 45 10' x 10' Basketball 40 footcandles 2.5:1.0 45 10' x 10' 1. lumen maintenance control strategy: A constant light system shall use automatic power adjustments to achieve a lumen maintenance control strategy as described in the IESNA Lighting Handbook 9" Edition Lighting Controls Section pages 27-2 and 27-3: "lumen maintenance control strategy calls for reducing the initial illumination of a new system to the designed minimum level. As lumen depreciation occurs, more power is applied to the lamps in order to maintain constant output' 2. Independent Test Report: Manufacturers bidding as a constant light system must provide an independent test report verifying the field perfonnance of the system for the duration of the life of the lamp, signed by a licensed professional engineer with outdoor lighting experience. 1.3 A. LIFE CYCLE COSTS Energy Consumption: The average kWh consumption for the field lighting system shall be 182 kW or less. B. Complete lamp Replacement: Manufacturer shall include all group lamp replacements required to provide 25 years of operation based upon 500 usage hours per year. C. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including parts and labor for 25 years from the date of equipment shipment fndividuallamp outages shall be repaired when the usage of any field is materially impacted. Owner agrees to check fuses in the event of a lumina ire outage. D. Remote Monitoring System: System shall monitor lighting perfonnance and notify manufacturer if individualluminaire outage is detected so that appropriate maintenance can be scheduled. The manufacturer shall notify the owner of outages within 24 hours, or the next business day. The controller shall detennine switch position (Manual or Auto) and contactor status (open or closed). E. Remote Lighting Control System: System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communication link. Trained staff shall be available 24r7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields, to only having pennission to execute "earlyoff' commands by phone. Controller shall accept and store 7-day schedules, be protected against memory loss during #10-5417 ARRA Green Lighttng for Parks 13 """ -- power outages, and shall reboot once power is regained and execute any commands that would have occurred during outage. F. Management Tools: Manufacturer shall provide a web-based database of actual field usage and provide reports by facility and user group. G. Communication Costs: Manufacturer shall include communication costs for operating the controls and monitoring system for a period of 25 years. H. 25-Year Life Cycle Cost: Manufacturer shall submit 25-year life cycle cost calculations as follows. Equipment price and tota/life cycle cost shall be entered separately on bid form. Luminalre energy consumption eO a. tlluminaires x _kW demand per luminaire x .20 kWh rate x 500 11'> t;,J'10 annual usage hours x 25 vears b. Cost for spot relamping and maintenance over 25 years + Assume 25 repairs at $ 500 each if not included with the bid 0 Cost to relamp all luminaires during 25 years c. 500 annual usage hours x 25 years I/amo reolacement hours x $125 + lamo & labor x # fixtures if not included with the bid 0 Extra energy used without base bid automated control system d. $ Energy consumption in item a. x 10% if control system not included + 0 with the bid Extra labor without base bid automated on/off operation f. $8.00 per hour x .5 hours per on/off cycle x 6.250 cycles over 25 + vears if control svstem not included with the bid 0 TOTAL 25-Year Life Cycle Operating Cost = Y)<'HO~O 1.4 Energy Efficiency and Conservation Block Grant (EECBG) Program: This project has been submitted for EECBG funding and must meet all requirements for application and reporting. Manufacturers must supply the following data per www.eecbCl.enerClV.QOV requirements. A. Jobs created and/or retained B. Life Cycle Costs Savings Analysis - as described in item 1.4 above C. Carbon dioxide (C02) emission reduction - energy kW savings provided by the lighting system shall be converted into CO2 savings according to the EPA guidelines found at hllo://www.eoa.Clov/cleanenerClv/enerClv-resources/refs.html. D. 'Buy American" proviSion - products used for this project must be manufactured in the United States and meet the 'Buy American' provision of the ARRA - American Recovery and Reinvestment Act of 2009. #10-5417 ARRA Green Lighting for Parks 14 -- ~ Exhibit I.C Musco lighting Specification Immokalee Community Park Bid Proposal Field Lighting Project Immokalee. FL A. 25-Year Life Cycle Cost: Manufacturer shall submit 25-year life cycle cost calculations as follows. Equipment price and total life cycle cost shall be entered separately on bid form. Luminalre energy consumption a. !t luminaires x _IN'{ demand per luminaire x .20 kWh rate x 500 435,140.00 annual usaae hours x 25 vears b. Cost for spot relamplng and maintenance over 25 years + 0 Assume 25 repairs at $ 500 each If not Included with the bid Cost to relamp all luminaires during 25 years c. 500 annual usage hours x 25 years Ilamo reolacement hours x $125 + 0 lamo & labor x # fixtures if not included with the bid E.xtra energy used without base bid automated control system d. $ Energy consumption in Item a. x 10% If control system not Included + 0 with the bid Extra labor without base bid automated on/off operation f. $8.00 per hour x .5 hours per on/off cycle x 6.250 cycles over 25 + 0 I vears If controlsvstem not included with the bid TOTAL 25-Year Life Cycle Operating Cost = 435,140.00 -- --- 1.5 WARRANTY AND GUARANTEE A. 25-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; lamp replacements; system energy consumption; monitoring, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full tenn. Warranty may exclude fuses, stann damage, vandalism, abuse and unauthorized repairs or alterations. 1.6 DELIVERY TIMING A. Equipment On-Site: The equipment must be on-site 4-6 weeks from receipt of approved submittals and receipt of complete order infonnation. 1.7 A. PRE-BID SUBMITTAL REQUIREMENTS Approved Product: Musco's Light-Structure GreenTU System is the approved product. All substitutions must provide a complete submittal package for approval as outlined in Submittal Information at the end of this section at least 10 days prior to bid. Special manufactUring to meet the standards of this specification may be required. An addendum will be issued prior to bid listing any other approved lighting manufacturers and designs. B. Design Approval: The owner / engineer will review pre-bid shop drawings from the manufacturers to ensure compliance to the specification. If the design meets the design requirements of the specifications, a letter will be issued to the manufacturer indicating approval for the specific design submitted. 1.8 ALTERNATE SYSTEM REQUIREMENTS A. Compliance to Specifications: Acceptance of a bid alternate does not negate the contractor and lighting manufacturer's responsibility to comply fully with the requirements of these specifications. Any exceptions to the specifications must be clearly stated in the prior approval submittal documents. B. Light Level Requirements: Manufacturer shall provide computer models guaranteeing light levels on the field over 25 years. If a constant light level cannot be provided, a maximum Recoverable Light Loss Factor of 0.70 shall be applied to the initial light level design to achieve the following Initial and targeUmaintained light levels. For alternate systems, scans for both initial and maintained light levels shall be submitted. Average Maximum Average Initial to Area of Lighting Light Levels TargeUMaintained Minimum Grid Grid Light Levels Uniformity Points Spacing Ratio Baseball I nfield 71.5 footcandles 50 footcandles 2.0:1.0 25 30' x 30' Baseball Outfield 42.8 footcandles 30 footcandles 2.5:1.0 105 30'x 30' Softball Infield 71.5 footcandles 50 footcandles 2.0:1.0 25 20'x 20' Softball Outfield 42.8 footcandles 30 footcandles 2.5:1.0 65 20'x 20' Tennis 57.2 footcandles 40 footcandles 2.5:1.0 15 20'x 20' #10-5417 ARRA Green Lighting for Parks 15 """ ,-.., Basketball 57.2 footcandles 40 footcandles 2.5:1.0 C. Revised Electrical Distribution: Manufacturer shall provide revised electrical distribution plans to include changes to service entrance, panel, and wire sizing. PART 2 - PRODUCT 2.1 LIGHTING SYSTEM CONSTRUCTION A. System Description: Lighting system shall consist of the following: 1. Galvanized crossarm assembly for attachment to existing concrete structures. 2. All luminaries shall be constructed with a die-cast aluminum housing or external hail shroud to protect the luminaire reflector system. 3. Manufacturer will remote all ballasts and supporting electrical equipment in aluminum enclosures mounted approximately 10' above grade. The enclosures shall include ballast, capacitor and fusing for each luminaire. Safety disconnect per circuit for each pole structure will be located in the enclosure. 4. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation. 5. Controls and Monitoring Cabinet to provide on-off control and monitoring of the lighting system, constructed of NEMA Type 4 aluminum. Communication method shall be provided by manufacturer. Cabinet shall contain custom configured contactor modules for 30, 60, and 100 amps, labeled to match field diagrams and electrical design. Manual Off-Dn-Auto selector switches shall be provided. 6. Contractor shall install controVcontractor cabinet to be supplied by manufacturer to the existing service panel. Contractors/controls require 120V feed. Contractor to verify availability. If not available, a step-down transformer shall be supplied by the Contractor. B. Manufacturing Requirements: All components shall be designed and manufactured as a system. All luminaires, wire hamesses, ballast and other enclosures shall be factory assembled, aimed, wired and tested. C. Durability: All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed steel shall be hot dip galvanized per ASTM A123. All exposed hardware and fasteners shall be stainless steel of at least 18-8 grade, passivated and polymer coated to prevent possible galvanic corrosion to adjoining metals. Pole mounting hardware to attach crossarms shall be hot-dip galvanized per ASTM 153. All exposed aluminum shall be powder coated with high performance polyester. All exterior reflective inserts shall be anodized, coated with a clear, high gloss, durable fluorocarbon, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All wiring shall be enclosed within the crossarms, pole, conduit or elecbical components enclosure. D. Lightning Protection: All structures shall be eauiooed with Iiahtnina orotection meetinll NFPA 780 standards. Contractor shall verifv comDliance or suoolv and install a around rod of not less than 518" in diameter and 8' in lenath. with a minimum of 20' embedment. Ground rod should be connected to the structure by a copper main down conductor with a minimum size of #2 for poles with less than 75' mounting height and 2/0 for poles with more than 75' mounting height. E. Safety: All system components shall be UL Listed for the appropriate application. "'10-5417 ARRA Green Lighting for Pam 16 """' """' F. Electric Power Requirements for the Sports Lighting Equipment: 1. Electric power: 480 Volt, 3 Phase 2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage. PART 3 - EXECUTION 3.1 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA RP-6-01 , Appendix B. B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles, uniformity ratios, and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be liable to any or all of the following: 1. Manufacturer shall at his expense provide and install any necessary additional fixtures to meet the minimum lighting standards. The Manufacturer shall also either replace the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind load. 2. Manufacturer shall minimize the Owner's additional long term fixture maintenance and energy consumption costs created by the additional fixtures by reimbursing the Owner the amount of $3,000.00 (three thousand dollars) for each additional fIXture required. 3. Manufacturer shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. #1()'5417 ARRA Green Ughting for Parks 17