Item C14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15, 20; 12.
Division: Public Works
Bulk Item: Yes x No , Department: Facaity Maintenance/Corrections
Staff Contact Person/Phone #: Bob Stone
797-145 8
AGENDA ITEM WORDING: Approval of Change Order No. 2 to the Agreement with Electronic
System Services, Inc. for the "Energy Retrofit -- Jackson Square" project. Final approval and
implementation of this change order is subject to the approval of the Department of Agriculture &
Consumer Services.
ITEM BACKGROUND: This would be an extension of the new proprietary dashboard and
"Periscope" system that is included within the current project of which is funded through Grant
Agreement #ARS010 between MCBOCC and the Department of Agriculture and Consumer Services.
The Grant Manager has identified additional funds and this effort would be a positive step in achieving
the County's sustainability goals.
PREVIOUS RELEVANT BOCC ACTION: On September 21, 2011, MCBOCC approved execution
and awarded contract to Electronic System Services, Inc. for the "Energy Retrofit -- Jackson Square"
project (Item C31). On June 15, 2011, the MCBOCC approved advertising for construction bids.
January 19, 2011, the MCBOCC approved Task Order PW-HDR-001 with HDR Engineering for
energy audit and design services. On November 9, 2010 Grant Agreement No. ARS010 was executed
by and between the MCBOCC and the Florida Energy and Climate Commission of which was
absorbed by the Department of Agriculture and Consumer Services.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $88,700.00 BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: N/A I SOURCE OF FUNDS: Grant No. ARS010
REVENUE PRODUCING: Yes No A OUNT PER MONTH
AMOUNT PER YEAR
APPROVED BY: County Ariy�� OMB chasing Risk ManagementN�
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with.- Electronic Systems Contract ## PWD 23 6-129-2011
Service Inc.
Effective Date:
Expiration Date:
Contract Purpose/Description.
"Ever Retrofit -- Jackson Square"
Change Order Number 2 in the amount of $88,700
Contract Manager: Bob Stone 607713 995
(Name)
tr-axy.)
Sept. 21, 2011
Final P2�ment .,_.._......
Facilities - 9 or 16
(Department/Stop ##)
for BOCC meeting on Feb. 15, 2012 Aizenda Deadline: Jan. 31.2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 6879700.00 Current Year Portion: $ 687,700.00
Budgeted? YesN No ❑ Account Codes: GG 1114-560620-
Grant: $ 687,700 125-06043-530490- --
County Match: $ NIA .. _
ADDITIONAL COSTS
Estimated Ongoing Costs: $ lyr For:
of included in dollar value above e . maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director 1 5011 t----YesO No[g 3'o t L
Ris Manage ent 1 !�1��� Yes Noe/at I
O.M.B./Pur asing ��v Yes No0 --i Z
County Attorney 30!Z Yes No[f� 3e Z-
Comments:
1,mms r orm xevisea :z1z-IIU ! mcp # 2
MONROE COUNTY PUBLIC WORKS
PROJECT:
Eucrgy Revofit — Jw&wn Square
mome County
Co CTOR.-
Mectronic SYSW n services, Inc
5840 Halifax Avenue
Fort Myers, Florida 33912
Change Order
CHANGE ORDER ER: 002
DATE: Fcbma y 15, 2012
'PROJECT ER.- PWD-236-129-2011
CONTRACT MATTE: 21, 2011
NOTICE To PROCEED. october 7, 2o11
CONTRACT FOR., General C onstmaion
TM CONTRACT IS CHANUED AS FOLLOWS:
To eahance public energy cons=vafion education and pmrtic4mfioN insta11 two additional EnMV
Efficiency Edwadowl Dashboa d symm and five wMitional meter lacationa including corqpuw
madames, digitga end tnehn, 3ACE oontrol pane, vvali brackets, clecIfical power Wiring with
recepUcim con"t for LAN drops, ' with. Periscope soflre system and permit#, Dashbowd
VU&fion locations are to be at the Murray Nclson Cultural Center and the Historic Goa 13uilding. Final
approval and imple motion of this change order is submit to the approval of the 13epuunm of
Agriculture and Consume Services.
The o6ghW Cvnuwt Sum was S5 �0.00
The net change by previously authofized Change Orders So —
The Contrail Sum prior to the Change Order was s5�9 l .00
C The on Sum will be changed by this Change order in the amount of �.; oo
The new Condw Sum iuding this Mange order will be Sol
The Comma Time is not increased.
The dam ofFinal Compledon as of the da:# of this Change order therefore, remains March 15, 2012.
NOT VAL M tTIL SIGNED BY THE CONTRACTOR AND THE owNER
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A ne �IJ[CPw Electronie stems c �ruae„unt►,
Owner's Representative CantrmWr C hvner
10600 Aviation Blvd., Meson, FL
Marathon. FI. 3305�
Address
BY (Signature)
DATE
5PO Halifax Avenue
F r.t My—crL FL 333 2
Address
1100 Isi awnton Strut
K L 33040
Address
BY (Wgn re)
DATE
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Administrative Instr. 8800.1
Enclosure (2)
Energy Retrofit —Jackson Square
ESSI Change Order No. 2
Change Order Attachment per Ordinance No. 004=1 999
Mo. Change Order was not included in the original contract specifications. Yes E No ❑
If Yes, explanation:
I. Three Energy Efficiency Educational Dashboard systems were included within the
contract documents � To enhance Public energy conservation education and
participation, this change order is an Owner's requested change order to provide two
additional dashboard systems that will display Jackson Square information in a public
place at the Murray Nelson Cultural Center and the Historic Gato Building. If approved,
the Dashboards will also be able to display data from five additional meter locations.
2. Five digital meter location systems were included within the contract documents -- To
further Monroe County's sustainability efforts and begin monitoring, tracking and
analyzing energy use of County facilities, it is desired to extend the five meter locations to
ten. The next five largest energy -using facilities could be chosen.
. Change Orderwas included in the original specifications. Yes No 0
If Yes, explanation of Increase in price:
4W Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes Z No
If Yes, explanation as to why It is not subject for a calling for bids:
This would be an extension of the new proprietary, dashboard and "Periscopen
system, which is funded through Grant Agreement #ARS010 between MCBO C and the
Department of Agriculture & Consumer Services. The Grant Manager has identified
additional funds and this effort would be a positive Step in achieving the County's
sustainability goals.
Project architect approves the change order. Yes � No
If no, explanation of why:
This is an Owner initiated change order and the Engineer has no objections
Change Order is correcting an error or omission in design document. Yes ❑ No
Should a claim under the applicable professional liability policy be made? Yes No
Explain:
A9.Iectron c System Services, Inc.
3301 N. Dixie Highway
Baca Raton, FL. 33431
January 27, 2012
Mr. Bob Stone
Monroe county Division of Public works
10600 Aviation Boulevard
Marathon, FL 33050
Reference: Monroe County Buildings throughout the Keys
Regarding: Installation of 2-Flat Touch Screen Displays & 5-Meter & ,]ACE Panel Systems
Dear Mr. Stone,
We propose to furnish and install 2-flat touch screen displays and one will be located at the Cato
Building in Key West and the other in the Murray Building in Key Largo. Also, we will furnish and install
5-Meter & ]ACE Panel Systems in building within the Keys that are to be identified at a later date.
Work Included: computer modules and wall brackets for touch screen displays, conduit for LAN
drops, electrical power wiring, interface with Periscope software system and the components used will
meet ARRA compliance and Davis Bacon Act. .
Price Includes: Materials, engineering, labor, applicable tax and permits.
Work Not Included: LAN wiring to flat touch screen displays and each meter and JACE control panel
and additional meters.
Selling Price: $88,700.00 / Progressive As Billed
Price is valid for 90-days. After 90 days, add 3% to the selling price to cover up to 0 months.
NOTE: The installation for these 5-locations will maximize the current license agreement of the
Periscope software and any additional Meter & ]ACE Panel Systems will require the purchase of an
additional license.
Mark Moore
Branch Manager
Technology Services for Intelligent Buildings 561-955-9006 Office 561--955-9007
Fiectronic System Services, Inc.
3301 N. Dixie Highway
Boca Raton, FL 33431
January 27, 2012
Mr. Bob Stone
Monroe County Division of Public Works
10600 Aviation Boulevard
Marathon, FL 33050
Reference: Monroe county Buildings throughout the Keys
Regarding: Installation of 2-Flat Touch Screen Displays & 5-Meter & JACE Panel Systems
2-Flat Touch Screen TV's with computer Module & Bracket
5-JACE computerized controllers with Ethernet Ports
5-JACE Low Voltage- Power Packs
5-JACE Embedded Work Bench
5-Ethernet Switches
5--Energy Meters with communications Board & Fuse Kit
5-50va Transformers
500 ft-Shielded cable
5-Enclosures with Locks & U L Listing
Shipping & Delivery
Engineering - 50 Hours
Field Installation — 230 Hours
Hotel & Meals
Mechanical & Electrical Permits
Electrical Power Wiring & conduit for LAN
Selling Price
Mark Moore
Branch Manager
4,253.00
13,180.00
878.00
1,174.00
1,463.00
11, 544. o0
91.00
260. o0
537.00
600.00
5, 000 . o0
23,000.00
4,086.00
2,300.00
20,334.00
$88,700.00
Technology Services for Intelligent Buildings 501-955-9006 Office 561-955-9007
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departments. lasing
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Viewlet, assessments can
be made to foster improved
energy awareness.
For Operators
For the owner/operator,
Periscope offers a real-time
"network staters" graphical
viewlet which allows for
immediate color -coded visual
identification of "device health"
or other problem areas
in the connected
NiagaraAxQ network,
For Integrators
For the systems integrator,
Periscope can be used as
a flexible Graphical User
Interface(GUO by integrating
graphical equipment views
and floor plans alongside
standard charts, KPl analyses,
and third -party websites.
For Administrators
For the administrator or energy
manager, Periscope enables
the user to visualize locations
that are deviating from their
. historical performance or
operating outside the norm for
similar structures. Periscope
can also provide timely tracking
of savings enhanced as a result
of investment in conservation
or capital projects.
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�� Overview
Periscopelm by Activelogix is a configurable, browser -based dashboard application that provides
identification of real-time data and historical trends in the rapidly changing environments of
multi -facility operations. Periscope reduces volumes of data from disparate systems into visual
knowledge, providing the opportunity for users to quickly identify issues, assess relationships, and
take action in order to optimize resource efficiencies.
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Periscope is the solution for end users who desire a more dynamic, configurable way to view the
facility information in their enterprise. Due to the wide range of potential users, from the highly
technical to the non -technical, Periscope was designed to provide each user with their own unique
dashboard client. The dashboard can easily be set up and modified from a growing library of
"viewlets" by any user without affecting any other users' preferences and settings.
+0 User -Defined Layouts �". Enterprise Libraries
Periscopes dynamic viewlet sizing and
Periscope allows users to save tabs and
positioning capability allows users to create
viewlets to a shared knowledge library. Users
unlimited dashboard configurations. Users can
can then quickly add pre -configured tabs and
manually move and scale the viewlets, making
viewlets to their dashboards, providing an
them the exact size desired for the best possible
efficient way to create, save, and share a common
dashboard layout.
knowledge base.
MONROE COUNTY PUBLIC WORKS
PROJECT:
Energy Retrofit — Jackson Square
Monroe County
CONTRACTOR:
Electronic System Services, Inc
5 840 Halifax Avenue
Fort Myers, Florida 33912
Change Order
CHANGE ORDER NUMBER: 001
DATE: January 26, 2012
PROJECT NUMBER: PWD-236-129-2011
CONTRACT DATE: September 21, 2011
NOTICE TO PROCEED: October 7, 2011
CONTRACT FOR: General Construction
THE CONTRACT IS CHANGED AS FOLLOWS:
In order to implement certain energy conservation improvements identified through the retro-
commissioning process and offset by allowances provided by the Contractor as documented in Field Order
No. 1, the contract time is hereby extended by (30) thirty days.
The original Contract Sum was $599,000.00
The net change by previously authorized Change Orders $__0----- -----
The Contract Sum prior to this Change Order was $599,000.00
The Contract Sum will be changed by this Change Order in the amount of $ 0__________
The new Contract Sum including this Change Carder will be $599,000.00
The Contract Time will be increased by (30) thirty days.
The date of Final Completion as of the date of this Change Carder therefore, is March 15, 2012.
NOT VALID [JNTIL SIGNED BY THE CONTRACTOR AND THE OWNER
Robert A. Stone, MCPw _ Electronic Systems Services, Inc Monroe Coup FL
Owner's Representative Contractor Owner
10600 Aviation Blvd.
Marathon FL 33050
Address
BY (Signature)
/,7. A
DATE
5840 Halifax Avenue
Fort Meyers, FL 33912
Address
is
(Signa e)
ATE
1100 Simonton Street
Kev West FL 33040
Address
DATE
grure) !
FIELD ORDER (FO)
DATE January 262012 Fo# 1
PROJECT Energy Retrofit — Jackson Scivare
To Electronic S stems Service Inc.
CONTRACTOR
5840 Halifax Avenue Fort Mevers FL 33912
ADDRESS
From Bob Stone Mcrw
OWNER'S REPRESENTATIVE
10600 Aviation Blvd. Marathon FL 33050
5501 College Road Kev West FL 33040
ADDRESS
DESCRIPTION In consideration of the followiniz allowances:
1. Reuse of existinQ flex connectors at chiller,per RFI # 1
2. Reuse of existinR butterflv valves at chiller per RFI # 1
3. Approval and use of a two com ressor chiller vs. use of a s ecified thr
ee cc com ressor
chiller
4. $5000.00 allowance as er Sipec. Section 15080 Para. 3.5.A
Contractor is to supvly and install the following efficiency improvements
1. Duel turbine water flow meter for new chiller per RFI #4
2. Six outside air dampers and control actuators g Freeman Justice Center as identified
through retro commissionin�u
3. Three static pressure sensors reeman Justice Center as identified throu h retro
commissioning
COST IMPACT o
NAME DATE
FIELD ORDER
Updated 1/26/12
Field order Number 1- Allowance Balance Sheet
Allowances
Scope
Comments
Amount
Description
Flex Connectors
Reuse existing flex connectors at chiller
Existing flex connectors are
RFl#1
$ 510.00
in good condition and were
approved for reuse in RFI #1
Butterfly Valves
Reuse existing butterfly valves at
Existing butterfly valves are
chiller - RFi#1
$ 1,085.00
in good shape and were
approved for reuse in RFI #1
Specified - Three compressor
New McQuay chiller is more
Two Compressor
Multistack d Proposed - 171K Pro n
� } p and
efficient and weighs less
Chiller
approved, two compressor Mc
pp p ressor C�uay
$ 18,000.00
than '''"'''hat was specified
(152K) Submittal
while providing desired
redundancy & capacity
Specifications provides for a
Retro-Commissioning
Spec section 15080,para. 3.5.A calls for
$ 5,000.00
$5000 allowance towards
a 5,000 contingency
post award identified
efficiency improvements
Energy Efficiency Improvements
Stop
menu Mid
Amount
Descripti
Install Duel Turbine Water Flow Meter
Enhanced control and
Flow Meter
for New Chiller -RFI #4
$ (5,391.00)
monitoring of chilled water
flow
Install six outside air dampers and
Will provide for
CAS Air Dampers
control actuators @ Freeman Justice
$ (17,517.00)
implementation of specified
Center
unoccupied control
sequence
Static Pressure Sensors
Install three static pressure sensors @
$ �1,0g7.00�
Enhanced air delivery system
Freeman Justice Center
and optimize A/H fan control
Total
$ -
AGREEMENT
ENERGY RETROFIT — JACKSON SOUARE
MONROE COUNTY
ELECTRONIC SYSTEM _SERVICES, INC,
THIS AGREEMENT, made and entered into this 215T day of September, 2011 by
and between MONROE COUNTY, a political subdivision of the State of Florida hereinafter
called "County", whose address is 1100 Simonton Street, Key Vilest, Florida 33040 and
Electronic System Services, Inc., a Florida corporation, hereinafter called "Contractor,
whose address is 5840 Halifax Avenue, Fort Myers, Florida 33912.
WHEREAS, the County is in need of Energy Conservation Measures at its Jackson Square
Complex; and
WHEREAS, the Contractor is licensed, qualified, properly equipped and is in the business
of implementing Energy Conservation Measures; now, therefore
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter
contained, the parties hereto do hereby agree as follows:
1. THE CONTRACT
The contract between the County and the Contractor, of which this Agreement is a part,
consists of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of the Agreement, the Request for Bid, HDR Engineering
Drawings and Specifications as listed below in Paragraph 2.A, all Change Orders and any
addenda, all applicable provisions of the Florida Energy And Climate Commission Grant
Agreement No. ARS01 o that is hereby incorporated by reference, Contractor's Bid
documents, any other amendments hereto executed by the parties, together with the
required County documents furnished as part of the Bid or required to be furnished by the
BID, and all required insurance documentation.
ENERGY RETROFIT -- JACKSON SQUARE
A. The following attached technical drawings and specifications as provided by HDR
Engineering, Inc., titled "Energy Retrofit Jackson Square Key West, Florida" and
dated June 2011, are included within the Contract Documents and Scope of Work.
1. HDR Engineering Inc. Drawing Nos. C-000, 00G-0011 01A-011 OOM-012 OOM-
02, 01 M-01, 02M-01 through 02M-05, 03M-01, 04M-01 through 04M-03; 00E-
01 through 00E-05, 01 E-01 through 01 E-03, 02E-01 through 02E-05, 03E-01,
04E-01 through 04E-04, dated July 2011.
2. HDR Engineering Inc. Technical Specifications dated July 2011 consisting of
ninety-six pages and Specification Sections 08871, 150801 15225, 15400,
16010, 16120, 16130, 16265 & 16490.
B. Applicable provisions of Florida Energy And Climate Commission Grant Agreement
No. ARS010 is included in the Scope of Work and is incorporated within this
agreement by reference with a copy available on request.
C. The following additional Attachments are incorporated within this agreement and are
as follows:
1. Attachment A — Public Construction Bond
2. Attachment B — Special Audit Requirements
3. Attachment C —Wage Determination FL162
4. Attachment D — Certified Payroll Form
5. Attachment E - Labor Standards Interview Form
6. Attachment F — Whistleblower Poster
7. Attachment O — DBA Poster
3. SCOPE of THE WORK -- Energy Retrofit — Jackson Square — Key West, Florida 33040.
A. The Contractor shall perform all of the work required, implied or reasonably inferable
from this agreement. The term "work" shall mean whatever is done by or required of the
contractor to perform and complete its duties under this agreement, including the following:
construction of the whole or a designated part of the project; furnishing of any required
surety bonds and insurance; and the provision or furnishing of labor, supervision, reporting,
engineering services, material, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, debris disposal, the payment of any applicable sales and
use taxes; procurement and payment of any required permits from local, state or Federal
authorities having jurisdiction, royalties and product license fees; fuel, heat, light, cooling,
sanitation and all other utilities as required by this contract. The work is to be coordinated
with the Owner so as to minimize or eliminate any disruption to the Users' normal
operations. Some work may have to be scheduled for after normal working hours.
Contractor is to abide by all security rules and regulations. The work to be performed by
the contractor is generally described as follows:
-2-
ENERGY RETROFIT - JACKSON SQUARE
3.01 DESCRIPTION
A. Provide all labor, material, equipment, and tools as required for complete installation,
testing and commissioning of energy conservation measures as indicated within the
contract drawings and specifications listed in Paragraph 2 above, along with all required
reporting and documentation in compliance with this agreement.
3.02 QUALITY ASSURANCE
A. The Contractor is responsible for the quality of the work performed by his work force of
any tier on this project as well as the quality of the material, equipment and supplies
furnished by the contractor that is to be incorporated into the work.
B. The Contractor will designate a Quality Control Representative who will be on site at all
times while the work is in progress and will have the authority and responsibility to
accept or reject items of work. The Quality Control Representative will be fluent in the
English language and may be the Project Superintendent.
C. The Contractor is responsible for the scheduling of all required testing and inspections.
The Contractor will provide personnel, equipment and documentation to perform
operational and commissioning testing of the equipment, facilities, systems or
equipment constructed, fabricated or installed under this agreement. The Contractor
shall coordinate with the Owner in scheduling such tests and final inspection with at
least ten days notification.
D. Daily Construction/QC Reports shall be submitted by the Contractor on a weekly basis. --
A form can be provided or the Contractor can provide the form containing the following
information
1. Title of Project
2. Name of Contractor
3. Date and day of Report information
4. Note any major shipments received on that day
5. Note major equipment used that day
5. Note manpower used and designate what trades
7. Note any deficiencies in the work and corrective action taken
3. Note any safety violations and corrective action taken
9. Provide a description of work performed by employees and subcontractors along
with any problems or unusual conditions
-3-
ENERGY RETROFIT - JACKSON SQUARE
1 g. Report is to be signed by the authorized representative of the Contractor and
should the signature not be legible, the name shall be printed next to the signature
E. Weekly coordination meetings shall be scheduled and conducted between the Owner
and Contractor. Daily Construction/CSC Reports may be submitted at that time.
3.03 PROGRESS SCHEDULE
A. Prepare and submit to the Owner for approval within ten days of Notice to Proceed,
construction progress schedules for the work, with as needed sub -schedules of related
activities, which are essential to its progress. Incorporate manpower loading related to
each activity identified on the progress schedule.
1. Contactor is to submit format of schedule for approval
2. Submit revised/updated progress schedules with each payment application.
3. Time line between Notice to Proceed and Project Completion date shall not exceed
130 calendar days.
B. Indicate complete sequence of construction by activity, with dates for beginning and
completion for each element of construction.
C. Identify work of separate stages and other logically grouped activities.
D. Provide sub -schedules as needed to define critical portions of the schedule
E. With each schedule submission, indicate progress of each activity to date and the
projected completion date of each activity.
F. Identify activities modified since previous submittal, major changes in scope and other
identifiable changes.
G. Note: It is not incumbent upon the owner or Engineer to notify the Contractor when to
begin, to cease or to resume work, nor to give early notice neither of faulty or defective
work, nor in any way to superintend to relieve the Contractor of responsibility or of any
consequence of neglect or carelessness.
3.04 SCHEDULE of VALUES
A. The Schedule of Values allocated to the various portions of the Work shall be
submitted to the Owner within ten days after the issuance of a Notice to Proceed.
B. Upon the request of the Owner, revise and/or support the values with data of which will
substantiate their correctness.
C. The Schedule of Values forms the basis for the Contractor's Applications for Payment
D: Type schedule on AIA G703 Form; Contractor's standard forms and automated
printout will be considered by the Owner upon the Contractor's request. Identify
schedule with:
-4-
ENERGY RETROFIT -- JACKSON SQUARE
1. Title of Project and location
2. The Engineer and Owner
3. Date of Submission
E. List the installed value of the component parts of the Work in sufficient detail to serve
as a basis for computing values for progress payment during construction
F. For each major line item list sub -values of major products or operations under the item.
G. Include a directly proportional amount of the Contractor's overhead and profit for each -
item.
H . The sum of values listed in the schedule shall equal the total Contract Sum.
I. After review by the Owner, revise and resubmit schedule as required.
3.06 SUBMITTALS -- Submit to the owner shop drawings, product data, certifications and
samples required by the technical Contract Drawings and Specifications as described
below:
A. The Contractor shall submit within ten days of the Notice to Proceed and prior to
proceeding with the work, a preliminary Submittal Schedule to the Owner/Engineer for
review, modification and response. No payment applications will be processed prior to
finalizing the submittal schedule. The Submittal schedule shall contain the following
information for all required submittals:
1. Related drawing number and related note
2. Submittal information required, (i.e., sample, test data, shop drawing, etc.)
3. Date submittal is scheduled to be submitted to the Owner/Engineer
4. Date contractor has scheduled to order material or equipment
5. Date contractor has scheduled delivery to the job -site of material or equipment in
order to meet project schedule
The Contractor shall allow a minimum of two weeks for review of submittal by
Owner/Engineer. The approved Submittal Schedule will then be used to track
submittals and facilitate project schedule.
B. Shop Drawings
1. Provide shop drawings as complete legible submittals (no partial sets) on original
drawings or information prepared solely by the fabricator or supplier.
2. Do not reproduce the Contract Drawings for shop drawing submittals
-5-
ENERGY RETROFIT - JACKSON SQUARE
3. Sheet sizes shall be the same for all sheets and shall not exceed the size of the
Contract Drawings
4. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of
the Engineer and the Contractor
5. Each print shall carry the following information
a. Project Name and Date
b. Names of the Engineer, Owner, Contractor, Supplier and/or Manufacturer
c. Identification of product or material
d. Related drawing number and note
e. Relation to adjacent structure or materials
f. Identification of deviations from Contract Documents
g. Certification that equipment or material complies with the Buy American Act
6. Four submittal copies will be retained by the Owner/Engineer. Contractor shall
provide additional copies as needed for his use and distribution.
C. Product Data
1. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to the Owner/Engineer.
2. Modify product data sheets to delete information of which is not applicable to the
project. Provide additional information if necessary to supplement standard
information
3. Four submittal copies will be retained by the Owner/Engineer. Contractor shall
provide additional copies as needed for his use and distribution.
4. Provide certification that equipment or material complies with the Buy American Act
D. Samples - Provide three window tint samples for Owner's selection. Two sets of
samples will be retained by the Owner/Engineer. Contractor shall provide additional
samples as needed for his use and distribution.
E. Contractor's Responsibilities
1. Before making submittals to the Owner/Engineer, review each submittal, make
changes or notations as necessary to conform to the Contract Documents, identify
such review with review stamp and forward reviewed submittal with comments to
the Owner for review. Return submittals not meeting Contract requirements back to
the submitting subcontractor and do not forward such submittals to the Owner.
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ENERGY RETROFIT ---- JACKSON SQUARE
I
2. After the Owner/Engineer accepted review, distribute copies with one copy to be
maintained at the Project Site for reference use and other copies distributed to
suppliers and fabricators.
3. Do not begin the Work of which requires submittals until return of submittals with the
Engineer's stamp and initials indicating accepted review.
4. The Contractor's responsibility for errors and omissions in submittals is not relieved
by the Owner or Engineer's review of submittals.
5. The Contractor's responsibility for deviation in submittals from requirements of the
Contract Documents is not relieved by the Owner or the Engineer's review of
submittals unless the Engineer through the Owner provides written acceptance of
the specific deviations.
F. Engineer's Responsibilities
1. The Engineer will review submittals with reasonable promptness, checking only for
conformance with the design compliance of the project and compliance with
information given in the Contact Documents.
2. The Engineer will make changes or notations directly on the submittal, identify such
review with his review stamp, obtain and record the Engineer file copy and return
the submittal to the Contractor through the Owner.
3. The Owner/Engineer will return to the Contractor, without review, all submittals not
bearing the Contractor's review stamp or not showing it has been reviewed by the
Contractor.
3.06 DELIVERY & STORAGE
A. Deliver all materials to the job site in manufacturer's original, unopened, undamaged
containers, with legible labels and in sufficient quantity to allow for continuity of work.
B. Select and operate material handling equipment in a safe manner, guarding against
damage to existing construction while conforming to manufacturer's recommendations
of handling and storage.
C. Staging and/or storage areas shall be coordinated with and approved by the Owner
D. The Contractor shall be responsible for the proper storage of all materials, supplies
and equipment to be installed under this Contact. Materials stored on site but not
adequately protected will not be included in estimates for payment. Except for
materials stored within designated and approved storage sheds, vans or trailers, the
Contractor shall not store in any manner at the site any materials and equipment which
will not be incorporated into the permanent Work within seven days from the delivery
date. The Contractor shall be responsible for arranging and paying for the use of
property off the site for storage of materials and equipment as may be required.
E. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery and construction equipment.
ENERGY RETROFIT - JACKSON SQUARE
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F. Flammable materials shall be stored in a cool, dry area away from sparks and open
flames. Follow all precautions as outlined in manufacturer`s Material Safety Data
Sheets.
G. Materials, having been determined by the ownerlowner's representative to be
damaged, shall be immediately removed from the construction site and replaced at no
cost to the owner.
3.07 JOB CONDITIONS
A. S afety
1. Each Contractor and Subcontractor shall conduct work in a safe and practical
manner in conformance with the OSHA Safety and Health Regulations and the
latest edition of the Manual of Accident Prevention, Associated General Contractors
of America.
2. Each Contractor and Subcontractor shall observe all applicable Federal, State, local
and project laws and regulations pertaining to safety and health, pollution control,
water supply, fire protection, sanitation facilities, waste disposal and other related
items.
3. Good housekeeping shall be observed at all times. Waste, debris and garbage shall
be removed daily or placed in appropriate waste containers. Special attention shall
be provided by the Contractor while working in occupied areas regarding noise
pollution, dust containment and keeping the areas clean and safe for occupants and
visitors.
3.08 COORDINATION
A. Prior to commencement of work, a pre -construction conference will be held with the
contractor, and owner/owner's representative(s) to discuss the scope of work,
scheduling and the expectations of all parties involved including any security
measures. The owner/owner's representative shall notify all parties a minimum of ten
days prior to the meeting. After commencement of construction, a weekly coordination
meeting shall be scheduled between the Contractor, owner and any other interested
parties.
B. Planned Service Interruptions: If any utility services must be discontinued temporarily
to perform work, such interruptions shall be described and indicated on a project
installation sub -schedule. The description shall include the length of the interruption,
its time (date, day of week, time of day, etc.) and can be part of the request noted in
the following paragraph.
C. Take all necessary precautions to plan and coordinate the work in a manner that does
not impact facility operations. For any required planned utility service interruptions, the
Contractor shall furnish a request to the Owner for approval at least ten (10) working
days in advance. The request shall identify the affected buildings and duration of
planned outage. Contractor must be aware and take into account that the buildings
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ENERGY RETROFIT -- JACKSON SQUARE
concerned are large public buildings, including the courthouse, and that court
administration, the clerk of courts and others must be included in the planning for utility
service interruptions and must be accommodated.
D. When the implementation of an Installed ECM results in a change in an existing
operations work procedure, the Contractor shall prepare a new written operations work
procedure for approval by the Owner.
E. After completion of installation and County acceptance of Installed ECMs, the
Contractor shall submit as -built drawings to the Owner for approval.
3.09 OPERATIONS AND MAINTENANCE MANUALS AND TRAINING
A. The Contractor shall furnish operation and maintenance (O&M) manuals and
recommended spare parts lists for 0&M of the contractor -installed ECMs and modified
County equipment. O&M plans and spare parts lists shall be submitted prior to any
required training and County acceptance of the project.
B. Thirty (30) days prior to the installation completion, the Contractor shall train County
personnel and/or County Operations and Maintenance (O&M) contractors as required
to operate, maintain, and repair ECM equipment and systems during normal operation
and in the event of emergencies.
a. Train nq„ Program General Requirements: The Contractor shall provide a
training program for County personnel and/or County O&M contractors for each
ECM in a project. The program shall provide instruction on operation,
troubleshooting, maintenance, and repair of ECMs. Training shall include both a
classroom phase and a practical application phase. The course material shall
include the operation and maintenance plans and manuals. The program shall
be conducted on -site, in facilities provided by the County.
3.10 REQUIRED PROVISIONS - Florida Energy And Climate Commission Grant Agreement
No.ARS010
A. The Contractor shall comply with all applicable federal, state and local rules and
regulations. The Contractor acknowledges that this requirement includes compliance
with all applicable federal, state and local health and safety rules and regulations. The
Contractor further agrees to include this provision in all subcontracts issued as a result
of this Agreement.
B. In accordance with Presidential Executive order 12549, Debarment and Suspension
(10 CFR Part 506, later moved to 2 CFR Part 901), the Contractor shall agree and
certify that neither it, nor its principals, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency; and, that the Contractor shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person
who is similarly debarred or suspended from participating in this covered transaction,
unless authorized in writing by USDOE to the Commission.
1, To be included with submission of the bid, the Contractor shall complete and sign
the Certification Regarding Debarments, Suspension, Ineligibility and Voluntary
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ENERGY RETROFIT - JACKSON SQUARE
Exclusion- Lower Tier Federally Funded Transactions located in Section Two,
Response Forms.
2. The Contractor shall include the language of this Section and the Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion- Lower
Tier Federally Funded Transactions, in all subcontracts and sub -grants or lower tier
agreements executed to support the Contractors work under this Agreement.
C. The Contractor shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles_ The Commission, the State of Florida, USDCE or their authorized
representatives shall have access to such records for audit purposes during the term of
this Agreement and for five years following Agreement completion. In the event any
work is subcontracted, the Contractor shall similarly require each subcontractor to
maintain and allow access to such records for audit purposes.
1. The Contractor shall retain and maintain all records referenced in Section 15 and
make such records available for an audit as may be requested. Such records shall
include independent auditor working papers, books, documents and other
evidence, including but not limited to, vouchers, bills, invoices, requests for
payment and other supporting documentation, which, according to generally
accepted accounting principles, procedures and practices, sufficiently and properly
reflect all program costs expended in the performance of this Agreement.
2. The Contractor agrees to comply with the audit requirements of Section 215.97,
Florida Statutes, and those found in Attachment D, Special Audit Requirements as
applicable.
3. The Contractor shall include the audit and record keeping requirements described
above and in Attachment B, Special Audit Requirements, in all subcontracts and
assignments with sub -Contractors of funds according to Section 215.97, Florida
Statutes. For purposes of this Agreement, "sub recipient" shall be defined in
accordance with Section 215.97(2)(x), Florida Statutes.
4. The Contractor must provide copies of any audit referencing this Agreement, the
audit transmittal letter, and any response to such audit to the Commission within 30
calendar days of its receipt. The Contractor should confer with its chief financial
officer, audit director or contact the Commission for assistance with questions
pertaining to the applicability of these requirements.
D. The Contractor certifies that no Federal appropriated funds have been paid or will be
paid, on or after December 22, 1989, by or on behalf of the Contractor, to any person
for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending or
modifying of any Federal contract, grant, or cooperative agreement. If any non -Federal
funds are used for lobbying activities as described above, the Contractor shall submit,
Standard Form-LLL, Disclosure of Lobbying Activities, and shall file quarterly updates
of any material changes. The Contractor shall require the language of this certification
to be included in all subcontracts, and all subcontractors shall certify and disclose
accordingly. [10 CFR Part 501 ]
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ENERGY RETROFIT --- JACKSON SQUARE
1. In accordance with Section 216.347, Florida Statutes, the Contractor is hereby
prohibited from using funds provided by this Agreement for the purpose of lobbying
the Legislature, the judicial branch or a State agency.
2. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in
Section 501 (c)4 of the Internal Revenue Code of 1985 shall not be eligible for sub -
grants under this Agreement, unless such organization warrants that it does not,
and will not, engage in lobbying activities prohibited by the Act as a special
condition of the sub -grant. This restriction does not apply to loans made pursuant
to approved revolving loan programs or to contracts awarded using proper
procurement procedures.
E. The employment of unauthorized aliens by any Contractor /vendor is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
Contractor/vendor knowingly employs unauthorized aliens, such violation shall be
cause for unilateral cancellation of this Agreement. The Contractor shall be
responsible for including this provision in all subcontracts with private organizations
issued as a result of this Agreement.
U.S. law requires companies to employ only individuals who may legally work in the
United States — either U.S. citizens, or foreign citizens who have the necessary
authorization. E-Verify is an Internet -based system, which is free and that allows
businesses to determine the eligibility of their employees to work in the United States.
F. No person on the grounds of race, creed, color, national origin, age, sex or disability
shall be excluded from participation in, be denied the proceeds or benefits of, or be
otherwise subjected to discrimination in performance of this Agreement.
1. The Contractor agrees to comply with 10 CFR Part 1040 "Nondiscrirnination in
Federally Assisted Programs."
2. The Contractor affirms that it is aware of the provisions of Section 287.134(2)(a),
Florida Statutes, and that at no time has the Contractor been placed on the
Discriminatory Vendor List. The Contractor further agrees that it shall not violate
such law and acknowledges and agrees that placement on the list during the term
of this Agreement may result in the termination of this Agreement.
3. The Contractor affirms that it is aware of the provisions of Section 287.133(2)(a),
Florida Statutes, and that at no time has the Contractor been convicted of a Public
Entity Crime. The Contractor agrees that it shall not violate such law and further
acknowledges and agrees that any conviction during the term of this Agreement
may result in the termination of this Agreement. The Contractor shall insert a
provision in accordance with this paragraph in all subcontracts for services in
relation to this Agreement.
G. If the Contractor brings to the performance of this Agreement pre-existing intellectual
property, the Contractor shall retain all rights and entitlements to that pre-existing
intellectual property.
1. All patent rights, copyrights, and data rights must be in accordance with 10 CFR
Part 800.
ENERGY RETROFIT - JACKSON SQUARE
2 . If, during the course of the Agreement, the Contractor modifies a pre-existing
invention to the point where it is a new invention, patentable in its own right, or if
any discovery or subject invention arises or is developed in the course of, or as a
result of, work or services performed under this Agreement, or in any way
connected herewith, the Contractor shall retain the entire right, title, and interest to
each discovery or subject invention, subject to the provisions of this Section. With
respect to any subject invention in which the Contractor retains title, the
Commission shall have a royalty free, nonexclusive, transferable, irrevocable,
paid up license to practice or have practiced for, or on behalf of, the Commission or
the State of Florida the subject invention and sublicense the same.
3. In the event that any books, manuals, films, software, databases, or other
copyrightable material are produced, which are intended to be made available to
the public, the Contractor shall notify the Commission. The Commission shall have
a royalty free, nonexclusive and irrevocable right to reproduce, publish, or
otherwise use the work, and to authorize others to do the same. The Contractor
hereby grants the Commission full authority and right to modify or create derivative
works of, or allow others to modify or create derivative works on behalf of the
Commission, any publications first produced under this Agreement. Any content
submitted to the Commission which is asserted to be exempt under Florida's Public
Records Act, Chapter 1 1 9, Florida Statutes, shall be clearly marked "business
proprietary", "exempt," "confidential," or "trade secret" (as applicable), with the
statutory basis for such claim of exemption, confidentiality, or trade secret
specifically identified in writing. Failure to identify any such content shall constitute
a waiver of any claimed exemption, confidentiality, or trade secret.
4. The terms and conditions specified in Section 3.10.E shall also apply to any
subcontracts made under this Agreement. The Contractor shall be responsible for
informing the subcontractor of the provisions of this Section and obtaining
disclosures.
H. Formal regulations concerning administrative procedures for USDCE grants
appear in Title 10 of the Code of Federal Regulations. Grant program
administrative regulations appear in Part 600. Other USDCE regulations also impact
grant programs. The following list contains regulations and Office of Management and
Budget Circulars, which may appiv to the work performed under this Agreement.
2 CFR 176
Award Terms for Assistance Agreements that include funds under the American
Recovery and Reinvestment Act of 2009, Public Law 111-5
2 CFR 901
Nonprocurement Debarment and Suspension
10 CFR 600
Financial Assistance Rules
10 CFR 601
New Restrictions on Lobbying
10 CFR607
Government wide requirements for drug -free work place (financial assistance
10 CFR 1039
Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
10 CRF 1040
Nondiscrimination in Federally Assisted Programs or Activities
10 CFR 1041
Enforcement of Nondiscrimination on the basis of handicap in programs or
activities conducted by USDCE
10 CFR 1042
Nondiscrimination on the basis of sex in education programs or activities receiving
federal financial assistance
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ENERGY RETROFIT - JACKSON SQUARE
Other Federal Regulations
45 CFR Subtitle A
— Appendix E to
Part 74
Principles for Determining Costs Applicable to Research and Development Under
Grants and Contracts with Hospitals
48 CFR 31
Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
Office of Management and Budget Circulars
A-21
Cost Principles for Educational Institutions
A-87
Cost Principles for State, Local, and Indian Tribal Governments
A-102
Grants and Cooperative Agreements with State and Local Governments
A-110
Uniform Administrative Requirements for Grants and Agreements With Institutions
of Higher Education, Hospitals, and other Non -Profit Organizations
A-122
Cost Principles for Dion -Profit Organizations
A-133
Audit Requirements
All sub -grants and contracts awarded by the Contractor, including small purchases,
shall contain and be governed by the following provisions as applicable:
1. 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."
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)- All contracts
and sub -contracts in excess of $2,000 for construction or repair awarded by
recipients and sub -recipients 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.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by
Federal program legislation, all construction contracts awarded by the recipients
and sub -recipients of more than $2,000 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
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ENERGY RETROFIT — JACKSON SQUARE
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.
a. Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid
unconditionally and not less often than once a week, and, without subsequent
deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment computed at rates not
less than those contained in the wage determination of the Secretary of Labor
which is attached hereto, as Attachment C, and made a part hereof,
regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe
benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph (a)(1)(W) of this section; also, regular
contributions made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as
provided in § 5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each
classification for the time actually worked therein, pmvided that the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this section) and the Davis -Bacon poster (V1IH-1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the
workers.
(ii)(A) The Contracting Officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage determination
and which is to be employed under the Contract shall be classified in
conformance with the wage determination. The Contracting officer shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a
classification in the wage determination;
(2) The classification is utilized in the area by the construction indusiry; and
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ENERGY RETROFIT -- JACKSON SQUARE -
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(B) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting Officer
agree on the classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action taken shall be
sent by the Contracting Officer to the Administrator of the Wage and Hour
Division, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and
so advise the Contracting Officer or will notify the Contracting Officer within
the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the Contracting Officer do not
agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the Contracting Officer
shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all
workers performing work in the classification under this Contract from the first
day on which work is performed in the classification.
Oil) Whenever the minimum wage rate prescribed in the Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person,
the Contractor may consider as part of the wages of any laborer or mechanic
the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall
upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld from the Contractor
under this Contract or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to Davis -Bacon
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ENERGY RETROFIT - JACKSON SQUARE
prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary
to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by theContractor or any subcontractor the full amount of wages
required by the Contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working
on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the Contract, the Department of
Energy, Recipient, or Subrecipient, may, after written notice to the Contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of
1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types 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. Whenever, the Secretary of Labor has found under 29
CFR 5.5(a)(1)(iv) 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 shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved. programs shall maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract
work is performed a copy of all payrolls to the Department of Energy if the
agency is a party to the Contract, but if the agency is not such a party, the
Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead, the payrolls
shall only need to include an individually identifying number for each
employee (e.g_, the last four digits of the employee's social security number).
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ENERGY RETROFIT - JACKSON SQUARE
The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage
and Hour Division Web site at
hftp://www.dol.gov/esa/Whd/forms/wh347instr.htm or its successor site and is
attached to this agreement as Attachment D. The prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number
and current address of each covered worker, and shall provide them upon
request to the Department of Energy if the agency is a party to the Contract,
but if the agency is not such a party, the Contractor will submit them to the
Recipient or Sub -recipient (as applicable), applicant, sponsor, or owner, as
the case may be, for transmission to the Department of Energy, the
Contractor, or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime contractor to
require a subcontractor to provide addresses and social security numbers to
the prime contractor for its own records, without weekly submission to the
sponsoring government agency (or the Recipient or Sub -recipient (as
applicable), applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or subcontractor or his or 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
provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate
information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each 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 Regulations, 29
CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage determination
incorporated into the Contract.
(C) 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
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor
or subcontractor to civil or criminal prosecution under section 1001 of title 18
and section 3729 of title 31 of the United States Code.
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ENERGY RETROFIT - JACKSON SQUARE
(iii) The Contractor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the Department of Energy or
the Department of Labor, 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 Federal
agency may, after written notice to the Contractor, sponsor, applicant, or
owner, take such action 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.
(4) Apprentices and trainees—
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office, or
if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than
the ratio permitted to the Contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a Contractor
is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of
the journeyman's hourly rate) specified in the Contractors or subcontractor's
registered program shall be observed. Every apprentice must be paid at not
less than the rate specified in the registered program for the apprentice's level
of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines
that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination. In the event the
Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize
ENERGY RETROFIT - JACKSON SQUARE
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they
are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and .Training Administration.
Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive order 11240, as amended and 29 CFR
part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in
this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and
Subreeipient's contractors and subcontractor shall insert in any Contracts the
clauses contained herein in(a)(1) through (10) and such other clauses as the
Department of Energy may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of the paragraphs in this
clause.
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ENERGY RETROFIT - JACKSON SQUARE
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR
5.5 may be grounds for termination of the Contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and
interpretations of the Davis --Bacon and Related Acts contained in 29 CFR
parts 1 , 37 and 5 are herein incorporated by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this Contract shall not be subject to the general
disputes clause of this Contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 0, and 7. Disputes within the meaning of this clause include
disputes between the Recipient, Subrecipient, the Contractor (or any of its
subcontractors), and the contracting agency, the U.S. Department of Labor,
or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the Contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of
section 3(a) of the Davis -Bacon Actor 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible
for award of a Government contract by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. 1001.
4. 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 $2,500 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 1.5 times 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.
a. Contract Work Hours and Safety Standards Act. As used in this paragraph,
the terms laborers and mechanics include watchmen and guards.
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ENERGY RETROFIT - JACKSON SQUARE
(1) Overtime requirements. No Contractor or subcontractor contracting for
any part of the Contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on
such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one
andone-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (a)(1) of this section the
Contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (a)(1)
of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph (a)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of
Energy or the Recipient or Subrecipient shall upon its own action or upon
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the Contractor or subcontractor under any
such contract or any other Federal contract with the same prime
Contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (a)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipients
and SubrecipienYs contractor or subcontractor shall insert in any
Contracts, the clauses set forth in paragraph (a)(1) through (4) of this
section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The Recipient shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (a)(1) through (4)
of this section.
5. 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 10 CFR part 600.325, "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.
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ENERGY RETROFIT - JACKSON SQUARE
6. 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).
7. 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.
8. Debarment and Suspension (E.O.s 12549 and 12589) - No contract shall be
made to parties listed on the General Services Administration's List of Parties
Excluded from Federal Procurement or Nonprocurement Programs in accordance
with E.G.s 12549 and 12589, "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.G. 12549. Contractors with awards that exceed the small purchase threshold
shall provide the required certification regarding its exclusion status and that of its
principal. employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C.
1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-
3(e))- Contracts and sub -grants 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 Section 508 of the Federal
Water Pollution Control Act, as amended (33 U.S.C.1368) and Section 1424(e) of
the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)). Violations shall be reported to
the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1954 (P.L. 88-
352) which prohibits discrimination on the basis of sex; (b) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits
discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975,
as amended (42 U.S.C. 51 ❑'1-5107), which prohibits discrimination on the basis of
age; (d) the Drug Abuse office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-515), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523
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ENERGY RETROFIT - JACKSON SQUARE
and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (g) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
(h) any other nondiscrimination provisions in the specific statute(s) made; and, (1)
the requirements of any other nondiscrimination statute(s) which may apply.
11. Compliance with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L.
91-646) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally assisted programs.
These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324
7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
13. Comply, if applicable, with flood insurance purchase requirements of Section_
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the program and to
purchase flood insurance if the total cost of insurable construction and acquisition
is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the
following: (a) institution of environmental quality control measures under the
National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order
(EO) 11514; (b) notification of violating facilities pursuant to EP I1738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplain in accordance with EO 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.); (fl conformity of Federal
actions to State (Clean Air) Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974,
as amended, (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et
seq.) related to protecting components or potential components of the national
wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16
U.S.C. 469a-1 et seq.)
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of
assistance.
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ENERGY RETROFIT - JACKSON SQUARE
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment
of warm bloodied animals held for research, teaching, or other activities supported
by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
4801 et seq.) which prohibits the use of lead based paint in construction or
rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in
accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.
871).
21. Assist the Commission in complying with the State Energy Conservation Program
as described in the Code of Federal Regulations, Title 10, Parts 420 and 450
and guidance issued by the U.S. Department of Energy and subsequent
guidance issued by the U.S. Department of Energy; the Financial
Assistance Rules described in Title 10, Part 600, as well as those regulations
concerning the use of oil overcharge recovery funds.
22. The Commission reserves the right to transfer equipment acquired under this
grant as provided in Title 10, Part 600.117. The Recipient can obtain a
release of this right upon application containing certain commitments.
23. Compliance with the Buy American Act (41 U.S.C. 10a--10c) By accepting funds
under this Agreement, the Contractor agrees to comply with sections 2 through 4
of the Act of March 3, 1933, popularly known as the "Buy American Act." The
Contractor should review the provisions of the Act to ensure that expenditures
made under this Agreement are in accordance with it. It is the sense of the
Congress that, to the greatest extent practicable, all equipment and products
purchased with funds made available under this Agreement should be American -
made.
24. Preservation of open and competition and government neutrality towards
contractors' labor relations on federally funded construction projects
a. Unless in conflict with State or local laws, you must ensure that bid
specifications, project agreement, or other controlling documents in
construction contracts awarded pursuant to this agreement, or pursuant to a
subaward to this agreement, do not:
Require or prohibit bidders, offerors, contractors, or subcontractors to
enter into or adhere to agreements with one or more labor
organizations, on the same or other related construction projects); or
2. Otherwise discriminate against bidders, offerors, contractors, or
subcontractors for becoming or refusing to become or remain signatories
or otherwise to adhere to agreements with one or more labor
organizations, on the same or other related construction projects).
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ENERGY RETROFIT - JACKSON SQUARE
b. The term "construction contract" as used in this provision means any
contract for the construction, rehabilitation, alteration, conversion,
extension, or repair of buildings, highways, or other improvements to real
property.
c. Nothing in this provision prohibits bidders, offerors, contractors, or
subcontractors from voluntarily entering into agreements with labor
organizations.
25. Compliance with the provision included in Title XV and Title XVI of Public
Law 111-5, the American Recovery and Reinvestment Act of 2009.
26. Segregation of Costs - Recipients must segregate the obligations and
expenditures related to funding under the Recovery Act. Financial and accounting
systems should be revised as necessary to segregate, track, and maintain these
funds apart and separate from other revenue streams. No part of the funds from
the Recovery Act shall be commingled with any other funds or used for a purpose
other than that of making payments for costs allowable for Recovery Act projects.
27. False Claims Act- Recipient and sub -recipients shall promptly refer to the DOE or
other appropriate Inspector General any credible evidence that a principle,
employee, agent, contractor, sub -Contractor, 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.
4. THE CONTRACT AMOUNT
A. The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract per Paragraph 4.B of which follows, the Contract sum of Five Hundred and
Ninety Nine Thousand Dollars ($599,000.00).
B. This paragraph specifies administrative and procedural requirements necessary to
prepare and process Applications for Payment.
1. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart -type,
contractor's progress scheduled per Paragraph 3.03
b. Contract completion shall not extend 130 days past the issuance date of a
Notice to Proceed.
2. Schedule of Values: Coordinate preparation of the Schedule of Values with the
Progress Schedule. Submit Schedule of Values per Paragraph 3.04.
3. Application for Payment: Partial. progress payments may be issued to the
Contractor with the Owner's approval and with submission of properly executed
invoice and partial release of liens. Ten percent retainage will be withheld on all
progress payments. Attach a legible copy of vendor's invoice or bill of sale,
listing Serial Number, for all equipment costing $1,000 or more, installed under
this agreement during the current invoicing period. When the final work is
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ENERGY RETROFIT - JACKSON SQUARE
r
f 41
accepted by the owner, the contractor shall invoice the County for full and final
payment.
A. The owner may decline to make payment, may withhold funds, and if
necessary, may demand the return of some or all of the amounts
previously paid to the contractor, to protect the owner from loss because
of:
1. defective work not remedied by the contractor nor, in the opinion of the
owner, likely to be remedied by the contractor;
2. claims of third parties against the owner or the owner's property;
3. failure by the contractor to pay subcontractors or others in a prompt and
proper fashion;
4. evidence that the balance of the work cannot be completed in
accordance with the contract for the unpaid balance of the contract
price;
5. persistent failure.to carry out the work in accordance with the contract;
6. damage to the owner or a third party to whom the owner is, or may be,
liable.
7. failure to submit accurate required reporting elements i.e. weekly
certified payroll, daily reports, invoicing etc.
In the event that the owner makes written demand upon the contractor for
amounts previously paid by the owner as contemplated in this subparagraph,
the contractor shall promptly comply with such demand.
4. When all of the work is finally complete and the contractor is ready for a final
inspection, it shall notify the owner thereof in writing. Thereupon, the owner will
make final inspection of the work and, if work and all submissions are complete,
in full accordance with this contract and this contract has been fully performed,
the owner will promptly issue a final certificate for payment certifying that the
project is complete and the contractor is entitled to the remainder of the unpaid
contract price, less any amount withheld pursuant to this contract. Guarantees
and warranties required by the contract shall. commence on the date of
completion of the work. If the owner is unable to issue its final certificate for
payment and is required to repeat its final inspection of the work, the contractor
shall bear the cost of such repeat final inspections), which cost may be
deducted by the owner from the contractor's final payment.
5. The contractor shall not be entitled to payment unless and until it submits to the
owner invoices with supporting documentation acceptable to the Clerk of Court
of which may include partial and final releases and waivers of lien; releases and
waivers of lien from all subcontractors of the contractor and of any and all
parties required by the owner. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may
govem the Clerk's disbursal of funds. The County designates the Clerk of
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ENEROY RETROFIT --- JACKSON SQUARE
Courts as its agent under the Local Government Prompt Payment Act, Florida
Statues Section 218.735
6. Acceptance of final payment by the contractor shall constitute a waiver of all
claims against the owner by the contractor except for those claims previously
made in writing against the owner by the contractor, pending at the time of final
payment, and identified in writing by the contractor as unsettled at the time of its
request for final payment.
C. Final. payment, constituting the entire unpaid balance of the Contract Amount, shall be
made by the Owner to the Contractor when the Contract has been fully performed by
the Contractor.
D. Liquidated Damages: The work to be performed under this contract shall be
commenced within ten (10) calendar days after date of Notice to Proceed and shall be
finally completed within one hundred and thirty (130) days after the date of this Notice
to Proceed. Inasmuch as failure to complete the project within the time fixed above will
result in substantial injury to the Owner, and as damages arising from such failure
cannot be calculated with any degree of certainty, it is hereby agreed that if the project
is not finally completed, with finally completed being the issuance of a Certificate of
Final Completion by the Owner or within such further time, if any, in accordance with
the provisions of the Contract Documents shall be allowed for such final completion,
the Contractor shall pay to the Owner as liquidated damages for such delay, and not
as a penalty, Three Hundred dollars ($300.00) for each and every calendar day
elapsing between the dated fixed for final completion above and the date such final
completion shall have been fully accomplished. Said liquidated damages shall be
payable in addition to any excess expenses or costs payable by the Contractor to the
Owner and shall not exclude -the recovery of damages by the Owner under other
provisions of the Contract Documents, except for Contractor's delay. This provision of
liquidated damages for delay shall in no manner affect the Owner's right to terminate
the contract as provided elsewhere in the Contract Documents. The Owner's exercise
of the right to terminate shall not release the Contractor from his obligation to pay said
liquidated damages in the amount set out above. It is further agreed that the Owner
may deduct from the balance retained by the Owner, under the provisions above, the
liquidated damages stipulated therein for delay, or such portions thereof as the said
retained balance will cover.
E. The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner hall be an extension of time on the Contract.
5. WARRANTY
A. The contractor warrants to the owner that all labor furnished to progress the work
under this contract will be competent to perform the tasks undertaken, that the product
of such labor will yield only first-class results, that materials and equipment fumished
will be of good quality and new unless otherwise permitted by the contract, and that the
work will be of good quality, free from faults and defects and in strict conformance with
the contract and warrant same for a period of one year, notwithstanding any required
extended warranties or service agreements, commencing at final completion. This
one-year warranty is inclusive of all labor, transportation, equipment and material cost
with no cost to the owner. All work not conforming to these requirements may be
considered defective.
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ENERGY RETROFIT - JACKSON SQUARE
B. If, within any guarantee period, repairs or changes are required in connection with the
guarantee work, which in the opinion of the Owner is rendered necessary as a result of
the use of materials, equipment or workmanship, which are defective or inferior or not in
accordance with the terms of the Contract, the Contractor shall, promptly upon receipt
of notice from the Owner and without expense to the Owner, proceed to
Place in satisfactory condition in every particular all of such guaranteed work,
correct all defects therein; and
Make good all damages to the structure or site or equipment or contents thereof,
which, in the opinion of the Owner, is the result of the use of materials, equipment or
workmanship which are inferior, defective or not in accordance with the terms of the
Contract; and
Make good any work or materials or the equipment and contents of structures or site
disturbed in fulfilling any such guarantee.
If the Contractor, after receipt of any such written notice, fails within seventy-two (72)
hours to commence at the job site with performance of the work necessary to remedy
all defects in the work described in such notice so as to provide the Owner with the
subject project completed in accordance with all requirements of the Contract
Documents, or fails to complete the performance of such remedial work with a
reasonable time after commencing same, the Owner shall be entitled to have such
defective work remedied on the account of the Contractor, in which event, the
Contractor shall be fully liable for all costs and expenses reasonably incurred by the
Owner in having such defective work remedied.
6. CHANGES IN THE WORK
A. Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating
this agreement, by change order or by field order.
B. Change order shall mean a written order to the contractor executed by the owner,
issued after execution of this agreement, authorizing and directing a change in the
work or an adjustment in the contract price or the contract time, or any combination
thereof. The contract price and the contract time may be changed only by change
order.
C. Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced
by (1) the change in the contract price being set forth in the change order, (2) such
change in the contract price, together with any conditions or requirements related
thereof, being initialed by both parties and (3) the contractor's execution of the change
order, or (b) if no mutual agreement occurs between the owner and the contractor,
then the change in the contract price, if any, shall then be determined by the owner on
the basis of the reasonable expenditures or savings of those performing, deleting or
revising the work attributable to the change, including, in the case of an increase or
decrease in the contract price, an allowance for direct job site overhead of 5%, and
profit 5% will be utilized.
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ENERGY RETROFIT - JACKSON SQUARE
D. The execution of a change order by the contractor shall constitute conclusive
evidence of the contractor's agreement to the ordered changes in the work, this
agreement as thus amended, the contract price and the contract time. The
contractor, by executing the change order, waives and forever releases any claim
against the owner for additional time or compensation for matters relating to or arising
out of or resulting from the work included within or affected by the executed change
order.
7. CONTRACTOR'S ACCEPTANCE of CONDITIONS
A. This Agreement and the provision of the services at the location listed have been fully
considered by the Contractor, who understands the same and agrees to their
sufficiency and suitability. Under no circumstances, conditions, or situations shall this
Contract be more strongly construed against the County than against the Contractor.
B. The passing, approval, and/or acceptance by the County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
Failure on the part of the Contractor, immediately after Notice to Correct shall entitle
the County, if it sees fit, to correct the same and recover the reasonable cost of such
replacement and/or repair from the Contractor, who shall in any event be jointly and
severally liable to the County for all damage, loss, and expense caused to the County
by reason of the Contractor's breach -of this Contract and/or his failure to comply
strictly and in all things with this Contract and with the specifications.
8. INDEMNIFICATIONMOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this,
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTYrs
elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason
of, or in connection with, (A) any activity of Contractor or any of its employees, agents, sub-
contractors or other invitees during the term of this Contract, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, sub -contractors or other invitees,
or (C) Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Contract, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses relate to events or circumstances that occur during the term of this
Contract, this section will survive the expiration of the term of this Contract or any earlier
termination of this Contract.
In the event that the service is delayed or suspended because of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses or lost revenue resulting from such delay.
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ENERGY RETROFIT -- JACKSON SQUARE
The first ten dollars ($1 g.gq) of remuneration paid to the Contractor is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by
the insurance requirements contained elsewhere within this agreement. The provisions of
this section shall survive the expiration or earlier termination of this agreement.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor. and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the Contractor or
any of his/her employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
10. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Contractor, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for therein,
such approval shall in no manner or event be deemed to impose any obligation upon the
board in addition to the total agreed -upon price of the services/goods of the Contractor and
compensation to County.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the Contractor. The Contractor shall possess proper licenses
to perform work in accordance with these specifications throughout the term of this contract.
13. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the contract, the
Contractor shall furnish to the County Certificates of Insurance indicating the minimum
coverage limitation as listed below:
A. General Liability -- include as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
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ENERGY RETROFIT — JACKSON SQUARE
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be $1,000,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $500,000 per
person; $1,000,000 per Occurrence; and $100,000 Property Damage.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made Policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of 48 months following the termination or
expiration of the contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
B. Vehicle Liability — include as a minimum:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be $1.000,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $500,000 per
Person; $1,000,000 per Occurrence; and $100,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED
AS ADDITIONAL INSURED.
C. Workers Compensation — limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain a
minimum rating of A -VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized
self -insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and Certificate of Insurance, providing details on the Contractor's
Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
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14. PUBLIC CONSTRUCTION BOND
A Public Construction Bond must be provided to Monroe County within fifteen (15) days
after award of contract, in the form provided as Attachment A of this agreement, as a
guarantee for the faithful performance of the Contract (including guarantee and
maintenance provisions) and the payment of all obligations arising thereunder. The public
Construction Bond shall be in an amount at least equal to the contract price. This contract
is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated
herein. If the properly executed Public Construction Bond is not received by the County
within the fifteen (15) day period, the contract may be awarded to the next selected
Bidder/Proposer.
15. CONTRACTOR'S RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed herein, subject to the terms and conditions set forth in these
contract documents. Contractor shall at all times exercise independent judgment and shall
assume responsibility for the services to be provided.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to -the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY
Director, Middle Keys Operations
Monroe County Facilities Maintenance
10500 Aviation Blvd.
Marathon, FL 33050
'Ann, 0 ,J
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR OR REPRESENTATIVE AT JOBSITE
Mr. W. Steve Brody, CEO FOREMAN
5840 Halifax Avenue
Fort Myers, Florida 33912
Notice shall be deemed received when hand delivered, delivered by mail, or when deemed
undeliverable by the U.S. Postal Service.
17. CANCELLATION
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ENERGY RETROFIT - JACKSON SQUARE
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i
A) In the event that the Contractor shall be found to be negligent in any aspect of
installation, stocking, maintenance, repair, or service, the County shall have the right
to terminate this agreement after five days written notification to the Contractor.
B) in the event that the Contractor (1) refuses or fails to supply enough properly skilled
workers or proper materials; (2) fails - to make payment to Subcontractors for
materials or labor in accordance with the respective agreements between the
Contractor and the Subcontractors; (3) disregards laws, ordinances, or rules,
regulations or orders of a public authority having jurisdiction; (4) disregards
requirements under the Florida Energy and Climate Commission Grant Agreement
No. ARS010 (5) or otherwise is guilty of substantial breach of a provision of the
Contract Documents, the Owner may terminate the Contract.
C) When any of the above reasons exist, the Owner after consultation with the
Engineer that sufficient cause exists to justify such action, may without prejudice to
any other rights or remedies of the Owner and after giving the Contractor and the
Contractor's surety, if any, 72 hours written notice, terminate employment of the
Contractor and may, subject to any prior rights of the surety may (1) take
possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor; (2) accept assignment
of subcontracts and (3) finish the Work by whatever reasonable method the Owner
may .deem expedient. When the Owner terminates the Contract for one of the
reasons stated herein, the Contractor shall not be entitled to receive further payment
until the Work is finished.
D) This contract may be terminated if the State or Federal government fails or refuses
to reimburse the County under the Florida Energy and Climate Commission Grant
Agreement No. ARS010 upon ten (10) days written notice to contractor delivered by
hand or certified mail, return receipt requested, of intent to terminate and the date
on which such termination becomes effective. Contractor shall cease work as
directed. In such case, Contractor shalt be paid for all work executed and
termination expenses, and expenses incurred prior to termination. No payment
shall be made for profit for work, which has not been performed.
18. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the agreement, the County and Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
19. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
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ENERGY RETROFIT -- JACKSON SQUARE
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principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor or not paid to County pursuant
to this Agreement were spent for purposes not authorized by this Agreement or wrongfully
retained by Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been
paid.
20. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of
this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
21. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and
court costs, as an award ,against the non -prevailing party, and shall include attorney's fees
and court costs, in appellate proceedings.
22. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the County and Contractor and their respective legal representatives,
successors, and assigns.
23. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate or individual action, as required by law.
24. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant Bids, and funding solicitations shall be approved by each party
prior to submission.
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
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ENERGY RETROFIT - JACKSON SQUARE
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County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between re p resenta#ives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
Paragraph 16 concerning cancellation.
26. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
27. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent Jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party,. effective the date of the court order. County or Contractor
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title V1I1
of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement. Monroe County Code Ch. 13, Art. V1, prohibiting discrimination
on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age. 11) Any other
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ENERGY RETROFIT - JACKSON SQUARE
nondiscrimination provisions in any Federal or state statutes, which may apply to the parties
to, or the subject matter of, this Agreement.
28. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
29. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
30. NO SOLICITATIONIPAYMENT
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at, its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
31. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statues, and made or received by the
County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
32. NON -WAIVER of IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the
County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the County be required to contain any provision for
waiver.
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ENERGY RETROFIT — JACKSON SQUARE
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33. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers agents or employees of any of any public agents or
employees of the County, when performing their respective functions under this Agreement
within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers agents, volunteers, or employees
outside the territorial limits of the County.
34. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
state statute, and case law.
33. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the County and the Contractor
agree that neither the County nor the Contractor or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
36. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
37. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
38. EXECUTION IN COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument any of the parties hereto may execute this Agreement by signing any such
counterpart.
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ENERGY RETROFIT - JACKSON SQUARE
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39. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
40. CONTINGENCY STATEMENT
Monroe Caunty's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date
j,r=above in four (4) counterparts, each of which shall, without proof or accounting for the
Wrts
, be deemed an original contract.
� KGLHAGE, CLERK
BY:
c� �v deputy Clerk
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c�f Date.
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(SEAL)
Attest:
By: By:
WITNESS
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Title: F(I
By:
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(,*ITNESS
Title: � C0- I.Qx�-c
ENERGY RETROFIT -- JACKSON SQUARE
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, LORIDA
By:
ay airman
MONROE COUNTY ATTpRN
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RPROVED AS TO F
NATILEENE !N. CpgSE�
DateASSIBTgN OUNTY gnpqNEY
CONTRACTOR
Title:
Date: 2) ) E-) -2)10 1� I
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