#99-2961 Amendment #1 (Johnson Controls, Inc.)
EXHIBIT A-I Contract Amendment #1
"99-2961 - "Energy Management"
This amendment, dated ,A1~ 01- , 20 I 0 to the referenced agreement shall be by and between
the parties to the original Agreement, Johnson Controls, Inc. (to be referred to as "Contractor") and
Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 99-2961 - "Energy Management"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract as per the Exhibit "AI-A" and "A I-B"
attached to this Amendment and incorporated herein by reference.
The following shall be added to the Agreement as the last paragraph ofItem 2, Statement of Work:
"This Agreement shall remain in force until such time as all outstanding Work issued prior to the
expiration of the Agreement period have been completed."
The following shall be added to the Agreement as the last paragraph ofItem 3,CompensationlPayments:
"Contractor agrees to comply with Grant Agency Requirements outlined in Exhibit A I-A and to
complete the Granting Agency Forms in Exhibit AI-B when grant funding is paying for all or any
portion of Work assigned to the Contractor."
All other terms and conditions of the agreement shall remain in force.
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(s) indicated below.
Accepted:
Ina:J /1
OWNER:
,2010
CONTRACTOR:
Johnson Controls, Inc.
BY:~
,-
ORillA
~ ""' 1 c:J 6"S Ef J1
Type Name of Signatory
DEPARTMENT DIRECTOR
BY:~
'- Sl(lP amp
DIVISION ADMINISTRATOR
By: ~~ r ,L.{JP
Contract #99-2961 - Energy Management
Amendment # 1
CONTRACT SPECIALIST ~
By~maJ.
Lyn ood
Contract #99-2961 - Energy Management
Amendment # 1
Exhibit A1 - A
Grant 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, and/or 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
FederaVState 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 nonprocurement 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:/Iwww.epls.aov/ and the State of Florida at http://dms.mvflorida.com/
business_operations/state-purchasinglvendor _ 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.aovI?Q=contentlact).
A. Reaistration: 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.aov. CCR registration must be completed before issuance
of a Notice to Proceed. Registration must be maintained during the life of the grant
funded contract.
B. Reoortina: 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 "D & 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
Contract #99-2961 - Energy Management
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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.
C. Buv 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. A Buy
American Certification will be required prior to the issuance of a Notice to Proceed and
further documentation must be provided as requested throughout the life of the
contract.
D. Davis-Bacon Act. as amended (40 U.S.C. 276a to a-7): Section 1606 ofthe 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. The following US Department of labor prevailing wages
in decision FL20080111 02/12/2010 is applicable to this project.
Statements and Pavrolls: (29 CFR3) Payrolls and basic records relating thereto shall
be maintained by the contractor and each subcontractor during the course of the work
and preserved for a period of 3 years from the date of completion of the contract for all
laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at
the site of the work.
The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the ty'pes described in Section 1 (b)(2)(B) of the Davis Bacon
Act); daily and weekly number of hours worked; deductions made;'and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a notation
indicating whether the employee does, or does not, normally reside in the labor area as
Contract #99-2961 - Energy Management
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defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to
Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and
each subcontractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially responsible. that the
plan or program has been communicated in writing to the laborers or mechanics
affected, and show the cost anticipated or the actual cost incurred in providing benefits.
Contractors or subcontractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprentices and
trainees, and ratios and wage rates prescribed in the applicable programs.
Each contractor and subcontractor shall furnish, each week in which any contract work
is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding
weekly payroll period). The payroll submitted shall set out accurately and completely all
of the information required to be maintained under paragraph 2b of this Section V. This
information may be submitted in any form desired. Optional Form WH-347 is available
for this purpose and may be purchased from the Superintendent of Documents
(Federal stock number 029-005-0014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors.
Each payroll submitted shall be accompanied by a "Statement of Compliance," signed
by the contractor or subcontractor or his/her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following: 1.
that the payroll for the payroll period contains the information required to be maintained
under paragraph 2b of this Section V and that such information is correct and
complete; 2. that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that
each laborer or mechanic has been paid not less that the applicable wage rate and
fringe benefits or cash equivalent for the classification of worked performed, as
specified in the applicable wage determination incorporated into the contract. 4. The
weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement
of Compliance" required by paragraph 2d of this Section V. 5. The falsification of any of
the above certifications may subject the contractor to civil or criminal prosecution under
18 U.S.C. 1001 and 31 U.S.C. 231. 6. The contractor or subcontractor shall make the
records required under paragraph 2b of this Section V available for inspection, copying,
or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
them available, the SHA. the FHWA, the DOL. or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
Contract #99-2961 - Energy Management
Amendment # 1
GENERAL DECISION: FL20080111 02/12/2010 FL 111
Date: February 12, 2010
General Decision Number: FL20080111 02/12/2010
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 Publication Date
o 07/10/2009
1 09/04/2009
2 02/12/2010
ELEC0349-005 08/31/2009
Entire County except that portion due west of Broward County and east of the south southwest
comer of Hendry County
ELECTRiCiAN.................. ....
Rates
$ 25.05
Fringes
7.56
ELEC0728-00508l31/2009
Remainder of County
ELECTRiCiAN..................... .
Rates
$ 28.46
Fringes
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); Gantry &
Overhead Cranes; Hydro Cranes Over 25
Tons but not more than 50 Tons
(Without Oiler/Apprentice);
Hydro/Friction Cranes without Oiler/
Apprentices when Approved by Union; &
All Type of Flying Cranes;
Boom Truck................. $ 28.30 8.78
Contract #99-2961 - Energy Management
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Cranes with Boom Length
Less than 150 Feet (With
or without jib); Hydro
Cranes 25 Tons & Under, &
Over 50 Tons (With
Oiler/Apprentice); Boom
Truck................ .... ...
OPERATOR: Mechanic..............
OPERATOR: Oiler.................
$ 27.57
$ 27.57
$ 22.24
8.78
8.78
8.78
--------------------
IRON0272-00310/01/2006
Rates
Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL
$ 26.70
6.43
-----------------------------
PAl N0365-002 07/01/2008
PAINTER: Spray Only.............
Rates
$ 19.50
Fringes
6.90
----------------------
SUFL2009-008 OS/22/2009
Rates
BRICKLAyER....................... $ 18.95
CARPENTER........................ $ 16.23
CEMENT MASON/CONCRETE FINISHER $13.05
INSULATOR - PIPE & PIPEWRAPPER $13.13
Fringes
0.00
3.70
1.49
3.03
0.00
LABORER: Asphalt Shoveler $ 7.88
LABORER: Common or General...... $11.79
2.03
LABORER: Concrete Saw........... $12.63
0.00
LABORER: Mason Tender - Brick... $ 13.00
0.00
LABORER: Mason Tender -Cement/Concrete $12.83 1.90
LABORER: Pipelayer.............
LABORER: Roof Tearoff..........
$ 12.31
$ 8.44
$ 12.00
$11.41
$ 11.00
$ 13.73
1.19
0.00
0.00
LABORER: Landscape and Irrigation
OPERATOR: Asphalt Spreader
0.00
OPERATOR: Backhoe/Excavator
0.00
0.00
OPERATOR: Blade/Grader
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OPERATOR: Bulldozer $ 15.01 0.00
OPERATOR: Distributor $ 12.37 0.00
OPERATOR: Forklift $14.00 0.00
OPERATOR: Loader $ 13.80 1.79
OPERATOR: Paver $ 11.69 0.00
OPERATOR: Pump $ 19.00 0.00
OPERA TOR: Roller $ 10.68 0.00
OPERA TOR: Screed $ 11.34 0.00
OPERA TOR: Tractor $ 9.91 0.00
OPERA TOR: 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
SHEETMET AL 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)).
Contract #99-2961 - Energy Management
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In the listing above, the "SU" 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
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
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
Contract #99-2961 - Energy Management
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E. 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
F. Equal Employment Opportunity: All contracts shall contain a provision requiring
compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O.
11375, II 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."
G. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.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.
H. Contract Work Hours and Safety Standards Act (40 U.S.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 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.
I. 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
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Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding
agency .
J. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U. S. 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).
K. Byrd Anti-Lobbying Amendment (31 U.S.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.
L. 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.
M. Protecting State and Local Government and Contractor Whistleblowers: 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 Genera', 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
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-
Contract #99-2961 - Energy Management
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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.).
N. Waste Disposal - The County may request the assistance of the awarded supplier to
assist with developing a disposal plan for sanitary or hazardous waste generated by a
specific project and will expect documentation verifying proper disposal of such waste.
O. False Claims Act - Contractors and vendors shall promptly refer to the DOE or other
appropriate Inspector General any credible evidence that a principal, employee, agent,
contractor, sub-grantee, subcontractor or other person has submitted a false claim
under the False Claims Act or has committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving
those funds.
Contract #99-2961 - Energy Management
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Exhibit A1-B
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 orovides that first tier Contractors of ARRA funds must register with Central Contractor
Reoistration database (CCR). CCR registration can be completed at htto:/lwww.ccr.gov. CCR registration
must be completed before the first quarterly Section 1512 report is due.
Federal reoortino on oroiects funded bv the Recovery Act. will reauire contractors and subcontractors to
reoort 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 form(s) 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 Comptroller General.
PROVIDE THE FOLLOWING FOR ARRA 1512 REPORTING:
Prime
Sub #1
Sub #2
Sub #3
Sub #4
Sub #5
Contract #99-2961 - Energy Management
Amendment # 1
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:
::brt N~ () r-\ C6NTR ()l. 5' 'N C
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 bidder/signatory.
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.
J-et'JN '1 c::b~ cP k S ...,n~M ~ &~ Cf-f )A~-(
Name(s) and Title(s) of Authorized Representative(s)
.:JOHNSON ~(I~O~ IN t .
NameOfBUsl~ness .
_ 05 "'Or- r~lcl '
AuthQ,J:iHd'"Si a e(s) Date
(B) 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
Contract #99-2961 - Energy Management
Amendment # 1
BUY AMERICAN CERTIFICATION
Section 1605 of the American Recovery and Reinvestment Act states that:
II None of the funds appropriated or othe/Wise made available by this Act may be used for a
project for the construction, alteration, maintenance, or repair of a public building or public work
unless all of the iron, steel, and manufactured goods used in the project are produced in the
United States. II
To meet this requirement, the undersigned hereby certifies that all of the material, equipment
and accessories which are to be incorporated into the Contract #99-2961 - Energy
Management to be funded by monies from the American Recovery and Reinvestment Act, has
been manufactured from domestic construction material as defined by 40 CFR 35.936~13(D)
and that information verifying such will be provided as requested throughout the. life of the
con~ct..
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Name of Contractor
C>~-OT- '~IO .
Date
S'"fc;\ ~(f'\ S ~CA1 .t't1rH~
Title
Contract #99-2961 - Energy Management
Amendment # 1
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions.
(1) Manufactured good means a good brought to the construction site for incorporation into
the building or work that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi-
State, regional, or interstate entities which have governmental functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Domestic preference. (1) This award term and condition implements Section 1605 of the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by
requiring that all iron, steel, and manufactured goods used in the project are produced in the
United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as
follows: As Determined by waivers
(3) The award official may add other iron, steel, and/or manufactured goods to the list in
paragraph (b)(2) of this section and condition if the Federal Government determines that-
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable.
The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the cost of the overall project by
more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1)(i)
Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
Contract #99-2961 - Energy Management
Amendment # 1
with paragraph (b)(3) of this section shall include adequate information for Federal
Government evaluation of the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery
costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not
have requested the determination before the funds were obligated. If the recipient does not
submit a satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other actions taken to cover costs
associated with acquiring or using the foreign iron, steel, and/or relevant manufactured
goods. When the basis for the exception is the unreasonable cost of the domestic iron,
steel, or manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in 2 CFR 176.11 O(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant
with section 1605 of the American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following information and any applicable
supporting data based on the survey of suppliers:
Contract #99-2961 - Energy Management
Amendment # 1
Foreign and Domestic Items Cost Comparison
FOREIGN AND DOMESTIC ITEMS COST COMPARISON
Description Unit of Measure Quantity Cost (Dollars)*
Item 1:
Foreign steel. iron, or
manufactured aood
Domestic steel, iron, or
manufactured aood
Item 2:
Foreign steel. iron, or
manufactured aood
Domestic steel. iron or
manufactured aood
List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction sfte.
Contract #99-2961 - Energy Management
Amendment # 1
Patricia L. Morgan
From:
Sent:
To:
Cc:
Subject:
Attachments:
DeLeon Diana [DianaDeLeon@colliergov.net]
Wednesday, May 26, 2010 9:40 AM
shawn.simpson@jci.com
dennis.linguidi@colliergov.net; Wood, Lyn; Camp, Skip; Patricia L. Morgan
99-2961 Energy Management
99-2961 Energy Mgmt #1 (JCI).pdf
Mr. Simpson,
Attached is amendment #1 to the referenced contract.
Thanks,
Diana De Leon
Collier County Board of County Commissioners
Purchasing Dept., Bldg. G
3301 E. Tamiami Trail
Naples, FL 34112
(239)252-8375; Fax (239)252-6597
dia nadeleon@colliergov.net
Under r"\onda Ldvv, e..rnail addresses dre j:>llt)!!C records If you (ia not warn your e-lTlall ad(lress relea(,ec! in rp~;pon::,(-~ tu a r\ubl1c ff'j":,Oi(J::,; fio nut
electronic mail to IhiS entity Instead contact ttllS office by telephone 01 In wlllinq
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