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HomeMy WebLinkAboutItem 06 Approval to Upgrade Bulldog Football Field Lights City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 20, 2026 Item #: 6 Contact Name: Daniel Abdo Department Director: Mark Johnson Contact Number: Ext. 5101 City Manager: Craig Shadrix Subject: Approval to Upgrade Bulldog Football Field Lights. (Parks Operations Manager Abdo) Background Summary: As part of Capital Improvements for the Ocoee Bulldog Football Field located in Vandergrift Central Park, the Parks and Leisure Services Department has budgeted $160,000.00 in Fiscal Year 26/27 for field lighting improvements. Staff is requesting approval to waive the bid process and piggyback off of Clay County bid # 23/24-284, expiring 7/23/2027, for the installation of new LED luminaires by Musco Lighting for these services. Musco Lighting has submitted a proposal to supply and install the LED luminaires in accordance to the plans, with unit pricing, in the amount of $159,547.00 based upon the aforementioned contract. Issue: Should the Honorable Mayor and City Commission approve piggybacking off the Clay County bid # 23/24-284 and award the supply and installation of the LED luminaires with Musco Lighting in the amount of $159,547.00? Recommendations: Staff recommends the Honorable Mayor and City Commission approve the piggybacking of the Clay County bid # 23/24-284 and award the supply and installation of the LED luminaires to Musco Lighting in the amount of $159,547.00 and authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required bonds and insurance are received. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Attachments: 1. Signed Clay County Contract #23-24-293 2. Ocoee Bulldog Retrofit Quote with deterants 2026 Financial Impacts: Funds are appropriated in the Parks and Leisure Services Department Budget, account number 317-572-10- 6302. (Job #P000482), for ballfield lighting improvements at Ocoee Bulldog Field located in Vandergrift Central Park in the amount of $159,547.00. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Consent Clay County Agreement/Contract No. 2023/2024 – ______ AGREEMENT TO PROVIDE VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND RECREATION This Agreement to Provide Various Equipment and Amenities for Parks and Recreation (“Agreement”) is entered into and shall be deemed effective as of July 24, 2024, and is between Musco Sports Lighting, LLC, a Foreign Limited Liability Company authorized to do business in Florida (“Contractor”), and Clay County, a political subdivision of the State of Florida (the “County”). RECITALS WHEREAS, the County issued an Invitation for Bid, Bid No.: 23/24-074 (“Bid”), to establish a firm, fixed percentage discount from manufacturer’s and/or bidder’s current catalog/supply/product information price list for the purchase and installation of various equipment and amenities for parks and playgrounds to include a means for qualifying suppliers and establishing pricing for ballpark lighting services and court surfacing; and WHEREAS, the Contractor responded to the Bid with a proposal that included Contractor’s products and discount pricing and pricing details for such products and services (“Proposal”); and WHEREAS, the County evaluated the proposals submitted, and on July 23, 2024, the Clay County Board of County Commissioners of Clay County, Florida (the “Board”) accepted staff’s evaluation and awarded the Bid to the 23 companies that responded to the Bid; and WHEREAS, the awarded Bids will be utilized on an as needed and as requested basis; and WHEREAS, to the extent permitted by applicable law, the Contractor agrees to offer and extend this Agreement and pricing to any states, municipalities, local governments, school districts, higher educational institutions, public utilities, hospitals, and any other governmental agencies or non-profit organizations; and WHEREAS, the parties hereby acknowledge and expressly agree that the terms and conditions of the Bid, including any addendums and attachments thereto, as well as the Proposal apply to this Agreement and are incorporated herein by reference; and WHEREAS, the parties desire to enter into this Agreement in accordance with the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged and all objections to the sufficiency and adequacy of which are hereby waived, the parties agree as follows: 293 2 1.EQUPIMENT, PRODUCTS, OR SERVICES (a)The above recitals are true and correct and are incorporated herein by reference. (b)For purposes of this Agreement, the County Representative shall be Howard Wanamaker, County Manager, and the Project Manager shall be Donna Fish, Buyer 1 with Clay County Purchasing, or designee. (c)The Contractor agrees to provide the Products and Services in accordance with the Bid Scope of Work attached hereto as Attachment A, its Proposal attached hereto as Attachment B, and the terms and conditions of this Agreement when ordered and/or requested from time to time by the County. As used herein, “Products” shall mean all equipment, amenities, materials, and/or products that the Contractor agrees to provide as stated in its Proposal. As used herein, “Services” shall mean any services that the Contractor agrees to provide as stated in its Proposal or as requested under this Agreement, including, but not limited to, installation of Products for parks and playgrounds, ballpark/field lighting services, court surfacing, and other related services. (d)Products and/or Services will be ordered and/or requested by personnel designated by the County on an as needed basis for the quantity requested during the term of the Agreement. Such orders/requests will be made in accordance with the method of ordering section of Attachment A.The County at its sole discretion will generate purchase orders as a result of approved quotations submitted in response to a request. Depending on the Services ordered, the Contractor may be required to enter into a separate agreement or task order with the County addressing such Services. (e)No later than 30 days prior to the anniversary date of this Agreement throughout the Agreement term, the Contractor may submit an updated Proposal to the Project Manager reflecting any changes to manufacturers and/or Products. Upon receipt, the Project Manager shall review and approve or reject the updated Proposal in writing. If the Project Manager approves the updated Proposal, it shall automatically be deemed to be incorporated into this Agreement and shall replace and/or modify Attachment B, in whole or in part, as applicable, as of the date of approval, without the need for a formal amendment or further action by either party. If the Project Manager does not approve the updated Proposal, the original Proposal shall continue without modification. (f) In providing the Products and Services, the Contractor shall: 1.Be familiar with the ordered/requested Products and/or Services, deadlines, requirements, and the conditions under which the Products and/or Services are to be provided; 2. Conduct business in a manner that reflects favorably at all times on the services and the goodwill and reputation of the County; 3. Avoid deceptive, misleading or unethical practices that are or might be detrimental to the County; and 3 4. Not use any false, deceptive or misleading trade practices in the performance of the Services. (g)In entering into this Agreement, the Contractor represents that it now has or will secure all equipment and personnel required to provide all Products and Services as may be requested under this Agreement. The Contractor shall assign such personnel as are necessary to assure faithful prosecution and timely delivery of the Products and/or Services pursuant to the requirements of this Agreement. The Contractor shall ensure that the personnel assigned to provide the Products and/or Services comply with the terms of this Agreement, have current licenses and permits required to provide the Products and/or Services, and are fully qualified and capable to perform their assigned tasks. (h)The Contractor represents and warrants to the County that Contractor is experienced with providing the Products and Services described in this Agreement and is qualified and competent to provide such Products and perform such Services. The Contractor shall provide any and all Products and perform any and all Services requested in a timely, efficient, workmanlike, and cost-effective manner that comports with professional industry standards, applicable federal, state and local laws and regulations, and in accordance with the applicable professional standards. (i)The Contractor shall provide the Products and Services using the degree of care and skill ordinarily exercised by similarly practicing professionals performing similar services under similar conditions in the same or similar geographic area and in compliance with all applicable laws (“Standard of Care”). (j)In performance of this Agreement, the Contractor is bound by and shall comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to the Products and/or Services. Any reference in this Agreement to a particular law, rule, or regulation in no way implies that no other law, rule, or regulation applies. Any violation of these laws, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the County to terminate this Agreement upon delivery of written notice of termination to the Contractor as outlined herein. (k)The County may elect, in certain circumstances, to purchase only Products and have such Products installed by others (e.g., volunteers, County staff, etc.). If such election is made, the Products will be shipped to a designated location. (l)Non-Exclusive. The parties acknowledge and agree that this Agreement is non-exclusive. Nothing in this Agreement shall be construed to prevent either party from entering into similar agreements with other third parties, or from engaging in any other business activities for such products and/or services, including, but not limited to the use of other available bids or contracts. (m)The County gives the Contractor no guarantee of any Products or Services or any specific amount or quantity of Products or Services that may be accomplished or performed by the Contractor during the term of this Agreement. Additionally, the County makes no guarantee of usage by other users or Contracting Entities of this Agreement. 4 (n)The County may conduct performance evaluations at any time during the term of this Agreement to ensure the Contractor’s compliance with the Agreement. One or more evaluations may be conducted solely at the discretion of the County. 2.ADDITIONAL PRODUCTS OR SERVICES (a)If the County identifies or the Contractor recommends any additional products or services to be provided by the Contractor that are not covered under the Agreement but are beneficial to the County, such additional products and/or services, including scope, timing, and fees, as applicable, must be mutually agreeable between the County and the Contractor and authorized in writing by the County. 3.TERM (a)The term shall begin on July 24, 2024 (“Effective Date”) and shall remain in effect for a period of three years continuing through July 23, 2027, unless sooner terminated as provided herein. The Agreement may be renewed for two additional one year periods upon subsequent written agreement of the parties. (b)The parties hereto mutually understand and agree that time is of the essence in the performance of this Agreement. The Contractor agrees to timely provide the requested Products and/or Services in accordance with the Agreement and the deadlines that may be established for such Products and/or Services. (c)Notwithstanding the termination or expiration of this Agreement, this Agreement will survive as to any and all pending purchase orders, contracts, etc., until all of the rights and obligations of both parties thereunder have been fulfilled or the purchase orders, contracts, etc. have been terminated. 4.WARRANTIES AND REPRESENTATIONS (a)The Products and Services shall comply with all rules, regulations, and requirements set forth in this Agreement and the Attachments to this Agreement. (b)Warranties related to the Products and/or Services provided under this Agreement shall be established and confirmed at the time of each individual order. For each order, the Contractor shall provide a warranty statement specifying the duration, scope, and terms of the warranty applicable to the specific Products and/or Services being purchased. Depending on the Services ordered, the warranty may be set forth in a separate agreement or task order with the County addressing such Services. (c)Neither the Services, nor any Products provided by the Contractor under this Agreement will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party. (d)The Contractor certifies that all Products meet all federal and state requirements. Upon 5 completion of installation of play equipment and/or playground surfacing, the Contractor shall furnish to the County’s Purchasing Department a certificate stating the Products/equipment/surfacing and its installation meet all federal and state requirements as outlined in the publications set forth in Attachment A under the Compliance with Laws and Codes section. The Contractor further certifies that if the Product(s) delivered and/or installed are subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the Product(s) and installation into compliance shall be borne by the Contractor. (e)The Contractor warrants that all Products and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, the Contractor warrants the Products and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. (f)All material, equipment, manufacturer, or other special warranties required by the Agreement or applicable to the Products and/or Services shall be transferable to, or issued in the name of the County, and provide the warranty period. The period of manufacturer’s warranty shall begin to run at the time the Products are received and accepted by a representative of the County. Notwithstanding anything to the contrary, Contractor’s equipment warranty shall begin upon shipment, not delivery and acceptance. 5.PIGGYBACKING, SALES REPORTS, AND ADMNISTRATIVE FEE (a)To the extent permitted by law, the Contractor agrees to offer and extend this Agreement and pricing to any states, municipalities, local governments, school districts, higher educational institutions, public utilities, hospitals, and any other governmental agencies or non-profit organizations (collectively “Contracting Entities”). (b)The County as the lead agency for the Bid shall not be liable or responsible for any costs, damages, liability, or other obligations incurred by any Contracting Entities. The Contractor including its subsidiaries shall deal directly with each Contracting Entity concerning the placement of orders, issuance of purchase orders, issuance of contracts, contractual disputes, invoicing, payment, and all other matters relating or referring to such Contracting Entities access or use of the Agreement and/or pricing. Accordingly, any Contracting Entity wishing to use this Agreement will be responsible for placing its own orders, issuing its own purchase order/documents/price agreements/contracts, providing for its own acceptance, making any subsequent payments, addressing any contractual disputes, and handling all other matters relating or referring to its access or use of the Agreement and/or pricing. The Contracting Entities are responsible for obtaining all certificates of insurance and bonds as may be required. (c)Volume Sales Report. Throughout the term of this Agreement, the Contractor shall submit a quarterly volume sales report (“Sales Report”) to the County’s Purchasing Department by email at purchasing@claycountygov.com or U.S. mail to the Clay County Board of Commissioners, Attn: Purchasing Department, PO Box 1366, Green Cove Springs, Florida 32043. Quarterly Sales Report dates are as follows: December 31, March 31, June 30, and September 30. Sales Reports must be delivered to the County’s Purchasing Department no later 6 than the 15th day of the following month. Initiation and submission of the Sales Reports are the responsibility of the Contractor without prompting or notification by the County. The Sales Report must be provided regardless of whether or not any sales have been conducted during such quarter (i.e., if there are no sales, Contractor must submit a Sales Report indicating that no sales were made during that particular quarter). The Sales Report must include the following: •Contracting Entity’s name and contact information; •Detail of any Products sold/purchased including description, quantity, and price; •Detail of any Services sold/purchased and/or performed; and •All transactions pertaining to sales for Products and/or Services and pricing for that quarter to include the date the purchase was invoiced/sale was recognized as revenue by Contractor. (d)Administrative Fee. The Contractor agrees to pay to the County an administrative fee equal to 1.5% of the eligible revenues generated from the sale of Products or Services to Contracting Entities utilizing this Agreement and/or pricing under this Agreement. For purposes of this Agreement, “eligible revenues” shall mean the gross amount actually received by the Contractor from the sale of Products purchased and/or installed utilizing this Agreement, excluding any amounts attributable to shipping, freight, handling charges, taxes, mandatory fees, or any other expenses not directly related to the core sale or installation transaction. (e)The County will review the Sales Report and will prepare an invoice to the Contractor for payment of the administrative fee based on the Sales Report submitted for that quarter. Such invoices will be submitted to the Contractor at its email address provided to the County’s Purchasing Department. Upon receipt of an invoice submitted under this paragraph, the Contractor shall submit payment pursuant to the instructions on the invoice within 30 calendar days of the invoice date. (f)Failure of the Contractor to provide the quarterly Sales Reports and payment of administrative fees in accordance with an invoice, shall be considered a breach of the Agreement. A late penalty of 15 percent on the value of the administrative fee may be assessed to the Contractor for each month the payment of such fee is not received. (g)The Contractor agrees to cooperate with the County in auditing transactions under this Agreement to ensure that the administrative fee is paid on all Products and/or Services purchased under this Agreement. 6. PRICING AND PAYMENT (a)All Products and Services under this Agreement will be priced and/or discounted as stated in Contractor’s Proposal. It is understood that Contractor’s current catalog/supply/product information price list are subject to change throughout the term of this Agreement. However, percent discount shall remain fixed for the entire term of this Agreement including any renewals or extensions thereto. (b)Freight must be pre-paid and added to the Invoice and the quote. The County will pay actual freight charges. 7 (c)Sales Promotion/Price Reduction. The parties acknowledge that sales promotions may occur during the term of the Agreement which will lower prices of Products and Services for the period of such sales promotion. The Contractor acknowledges and agrees that the County shall receive the full benefit of such reductions if lower than the discount established by this Agreement. The County must be notified of these sales promotions in writing, specifying the beginning and ending dates of the sales promotions. (d)The County shall pay the Contractor for the Products and Services provided under this Agreement in compliance with the specifications at the prices in accordance with Attachment B upon presentation of an Invoice submitted to the Paying Agent in accordance with paragraph 7. 7.PAYMENT PROCEDURES (a)As used herein, the term “Act” means the Local Government Prompt Payment Act set forth in Part VII of Chapter 218, Florida Statutes; the term “Invoice” means a statement, invoice, bill, draw request or payment request submitted by the Contractor under this Agreement; and the term “Submittal Date” means, with respect to an Invoice, the submittal date thereof to the Paying Agent. Invoices shall be submitted to Clay County Comptroller’s office (“Paying Agent”) by Email at invoices@clayclerk.com or U.S. Mail at Clay County BOCC, PO Box 988, Green Cove Springs, FL 32043 ATTN: Accounts Payable. All payments will be governed by the Act. (b)Invoices shall be signed by the Contractor and must include the following information and items: 1.The Contractor’s name, address and phone number, including payment remittance address. 2. The Invoice number and date. 3.Reference to the Agreement by its title and number as designated by the County and Purchase Order number. 4. Identify the Products and/or Services covered by the Invoice. 5.The total amount of payment requested, the total amount previously requested, and the total amount paid to date for such Products and/or Services covered by the Invoice. 6.Supporting documentation necessary to satisfy auditing requirements (both preaudits and post-audits), for cost and Services completion. 7.The Contractor must provide any additional documents, certificates, or information as needed to support or document the Invoice as may be requested by the County. (c)Upon receipt of an Invoice submitted under this paragraph, the Paying Agent and/or Project Manager shall date stamp the Invoice as received. Thereafter, the Paying Agent and/or 8 Project Manager shall review the Invoice and may also review the Products and/or Services as delivered, installed, or performed to determine whether the quantity and quality of the Products and/or Services is as represented in the Invoice and is as required by this Agreement. If the Paying Agent and/or Project Manager determines that the Invoice does not conform with the applicable requirements of this Agreement or that the Products and/or Services within the scope of the Invoice have not been properly delivered, installed, or performed in full accordance with this Agreement, the Paying Agent and/or Project Manager shall notify the Contractor in writing within 10 business days after the improper Invoice is received that the Invoice is improper and indicate what corrective action on the part of the Contractor is needed to make the Invoice proper. (d)By the submittal of an Invoice hereunder, the Contractor shall have been deemed to have warranted to the County that all Products and/or Services for which payments have been previously received from the County shall be free and clear of liens, claims, security interests or other encumbrances in favor of the Contractor or any other person or entity for failure to make payment. (e)The parties will attempt to settle any payment dispute arising under this paragraph through consultation and a spirit of mutual cooperation. The dispute will be escalated to appropriate higher-level managers of the parties, if necessary. If the dispute concerning payment of an Invoice remains unresolved within 30 days following the Submittal Date, then the Project Manager shall schedule a meeting between the Contractor’s representative and the Project Manager with the County Manager, to be held no later than 43 calendar days following the Submittal Date, and shall provide written notice to the Contractor regarding the date, time and place of the meeting no less than 5 calendar days prior thereto. At the meeting, the Contractor’s representative and the Project Manager shall submit to the County Manager their respective positions regarding the dispute, including any testimony and documents in support thereof. The County Manager shall issue a written decision resolving the dispute within 45 calendar days following the Submittal Date, and serve copies thereof on the Contractor’s representative and the Project Manager. (f)The County’s review, approval, acceptance of, or payment for the Products and/or Services provided under this Agreement may not be construed or deemed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Contractor will be and remain liable to the County in accordance with applicable law for damages suffered by the County caused by the Contractor’s negligent performance of any of the Products and/or Services furnished under this Agreement 8.INDEMNIFICATION (a)To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the County including its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Agreement. 9 (b)The County does not agree to and shall not indemnify the Contractor or any other person or entity, for any purpose whatsoever. To the extent any indemnification by the County may be construed under this Agreement, any such indemnification shall be subject to and within the limitations set forth in Section 768.28, Florida Statutes, and to any other limitations, restrictions and prohibitions that may be provided by law, and shall not be deemed to operate as a waiver of, or modification to, the County’s sovereign immunity protections. (c)This paragraph shall survive the expiration or termination of this Agreement. 9.INSURANCE (a)The Contractor shall maintain throughout the term of this Agreement and completion of any Services and during any renewal or extension term(s) of this Agreement or as required herein insurance of the following types and with such terms and limits: 1.Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: •$1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury •$1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations •$50,000 each occurrence for Damage to Rented Premises •$5,000 Medical Expenses (any one person) Commercial and General Liability policy must include coverage for contractual liability and independent contractors. 2.Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 3. Workers’ Compensation and Employer’s Liability Any person or entity performing work for or on behalf of the County must provide Workers’ Compensation and Employer’s Liability insurance in limits not less than: •Workers Compensation Statutory limits •Employers Liability $100,000 Each Accident $500,000 Disease Policy $100,000 Disease-Each Employee Exceptions and exemptions may be allowed by the County Manager, if they are in accordance with Florida Statutes. 10 The Contractor waives, and the Contractor shall ensure that its insurance carrier waives, all subrogation rights against the County, its employees, agents, boards, and commissions, for all losses or damages. The County requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones Act, if applicable. For any Contractor who has exempt status as an individual, the County requires proof of Workers’ Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work. 4.Umbrella/Excess Insurance If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, the Contractor may provide an Umbrella/Excess insurance policy to comply with the insurance requirements. (b)Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Prior to any work or services being performed under this Agreement, the Contractor must deliver valid certificates of insurance for the required insurance coverage to the County’s Purchasing Department. (c)The certificates of insurance for the required coverages, with the exception of Workers’ Compensation and Employer’s Liability shall name “Clay County, a political subdivision of the State of Florida, and The Board of County Commissioners, Clay County, Florida, its employees, agents, boards and commissions, as their interests may appear” as “Additional Insureds.” The coverage shall contain no special limitation on the scope of protection afforded to the County, its employees, agents, officials, boards, and commissions. The certificates of insurance shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificates of insurance will show a retroactive date, which should be the same date of the initial Agreement or prior. The Agreement number, and/or other identifying reference must be listed on the certificates of insurance. (d)The Certificate Holder on the certificates of insurance should read as follows: “Clay County Board of County Commissioners, P.O. Box 1366, Green Cove Springs, FL 32043” or as otherwise designated by the County’s Purchasing Department. (e)The certificates of insurance shall be provided to the County with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the Certificate Holder. In the event the Agreement term goes beyond the expiration date of any insurance policy, the Contractor shall provide the County’s Purchasing Department with an updated certificate of insurance no later 11 than ten (10) days prior to the expiration of the insurance currently in effect. The County reserves the right to suspend the Agreement until this requirement is met. If any required insurance coverage is canceled, terminated, or revoked, the Contractor agrees to immediately suspend its operations until replacement insurance is obtained and verified. (f)These insurance requirements may be modified and/or waived, in whole or in part, upon written approval by the County Manager or designee, without the need for a formal amendment to the Agreement. 10.BONDS (a)A Performance Bond and Payment Bond may be required for specific projects and/or Services provided under this Agreement as security for the faithful performance and payment of the Contractor’s obligations. Whether such Bonds will be required, will be based upon the size and price of each particular project and/or purchase under this Agreement. If such Bonds are required, the Contractor understands, acknowledges, and agrees that the Contractor shall cause the Bonds to be recorded in the public records of the County with the Clay County Clerk of Court and Comptroller at the Contractor’s sole expense, and shall deliver a certified copy of the recorded Bonds to the County’s Purchasing Department prior to receiving a purchase order for the project. 11.DEFAULT AND TERMINATION (a)Default. If the Contractor breaches any covenant made by it hereunder; fails to satisfactorily perform any condition, provision, or obligation of this Agreement; fails to make progress so as to endanger performance under the terms and conditions of the Agreement; fails to perform on time or timely deliver any requested Products; provides false or inaccurate information; fails to address and/or correct any deficiencies identified by the County during a performance evaluation; fails to timely submit reports as required herein; fails to pay the administrative fee; fails to comply with applicable rules, laws and regulations; or whenever the Contractor ceases operation, dissolves its corporation, or otherwise no longer provides the Products and/or Services under the terms of this Agreement, the County may consider the Contractor to be in default and may assert a default claim by giving the Contractor a written notice of default. Except for a default by the Contractor for failing to comply with applicable laws, rules, and regulations or for no longer providing the services contemplated under this Agreement which must be cured immediately or is otherwise subject to automatic termination for cause, the Contractor shall have 10 calendar days after receipt of the notice of default to either cure the default or, if the default is not curable within 10 calendar days, provide a written cure plan to the County describing how and when the default will be cured, which the County in its sole discretion may approve or disapprove. The Contractor will begin implementing the cure plan immediately after receipt of notice by the County that it approves the plan. If the Contractor fails to cure or the County does not approve the cure plan, then the County may terminate this Agreement for cause. (b)Termination for Cause. Upon the failure or inability of the Contractor to cure the default as provided above, unless otherwise agreed in writing, the County may, at its option, without 12 releasing or waiving its rights and remedies against the Contractor and without prejudice to any other right or remedy it may be entitled to hereunder or by law, terminate this Agreement, in whole or in part, for cause immediately upon written notice of termination by the County Representative to the Contractor. In the event the County terminates the Agreement, in whole or in part, because of default by Contractor, the County may procure goods, services, materials, and/or work similar to those terminated, and the Contractor shall be liable for any damages, costs, and any other expenses incurred due to this action. If it is determined that the Contractor was not in default or that the default was excusable (e.g. failure due to causes beyond the control of, or without the fault or negligence of the Contractor), the rights and obligations of the parties shall be those as provided in the provision for Termination for Convenience. (c)Termination for Convenience. The County may whenever the interests of the County so require, terminate the Agreement, in whole or in part, for the convenience of the County. The County Representative shall give 30 calendar days prior written notice of termination to the Contractor, specifying when the termination is to become effective. In the event of any such termination, the Contractor shall be paid by the County for all Products and/or Services satisfactorily provided up to receipt of the notice of termination, and thereafter until the date of termination, the Contractor shall be paid only for such Services as are specifically authorized in writing by the County. The Contractor may terminate this Agreement for the convenience of the Contractor by giving the County 180 calendar days advance written notice. (d)Unless directed differently in the notice of termination, the Contractor shall incur no further obligations in connection with the terminated Products and/or Services and shall stop any work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the Contractor shall terminate outstanding orders and/or subcontractor agreements related to the terminated Products and/or Services and shall transfer all Services in progress, completed Services, and other materials related to the terminated Services to the County. The Contractor agrees to refund to the County all pre-paid sums for Products and/or Services that have been cancelled and will not be delivered. (d)Termination of this Agreement or a portion hereof under the provisions incorporated herein shall not relieve the Contractor of its responsibilities for the completed portion or concerning any just claims arising out of the Products provided and/or Services performed. 12.TAXES (a)In that the County is a governmental agency exempt from sales and use taxes, the County shall pay no such taxes, any other provisions of this Agreement to the contrary notwithstanding. The County shall provide proof of its exempt status upon reasonable request. 13.APPROPRIATED FUNDS (a)The Contractor acknowledges that in the budget for each fiscal year of the County during which the term of the Agreement is in effect a limited amount of funds are appropriated which are available to make payments arising under the Agreement. Any other provisions of the Agreement to the contrary notwithstanding, and pursuant to the provisions of Section 129.07, 13 Florida Statutes, the maximum payment that the County is obligated to make under the Agreement from the budget of any fiscal year shall not exceed the appropriation for said fiscal year. 14.PUBLIC RECORDS (a)The Contractor acknowledges the County’s obligation under Art. 1, Section 24, Florida Constitution, and Chapter 119, Florida Statutes, as from time to time amended (together, the Public Records Laws), to release public records to members of the public upon request. The Contractor acknowledges that the County is required to comply with the Public Records Laws in the handling of the materials created under the Agreement and that the Public Records Laws control over any contrary terms in the Agreement. In accordance with the requirements of Section 119.0701, Florida Statutes, the Contractor covenants to comply with the Public Records Laws, and in particular to: 1.Keep and maintain public records required by the County to provide the Products and Services requested under the Agreement; 2.Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County; and 4.Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the Services. If the Contractor transfers all public records to the County upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. (b)The Contractor’s failure to comply with the requirements of this paragraph shall be deemed a material breach of this Agreement, for which the County may terminate the Agreement immediately upon written notice to the Contractor. (c)The Contractor acknowledges the provisions of Section 119.0701(3)(a), Florida Statutes, which, as applicable to the County and the Contractor, require as follows: 1.A request to inspect or copy public records relating to the Agreement must be made directly to the County. If the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the 14 Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 2.If the Contractor does not comply with the County’s request for records, the County shall enforce the Agreement provisions in accordance with the Agreement. 3.If the Contractor fails to provide the public records to the County within a reasonable time, the Contractor may be subject to penalties under Section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (904) 529-3604, publicrecords@claycountygov.com, POST OFFICE BOX 1366, GREEN COVE SPRINGS, FLORIDA 32043. 15.AUDIT (a)The Contractor shall retain all records relating to this Agreement for a period of at least five (5) years after the Agreement ends or terminates, whichever occurs first. All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida Statutes. The County reserves the right to examine and/or audit such records. This provision shall survive the termination or expiration of this Agreement. 16.SCRUTINIZED COMPANIES CERTIFICATION (a)In compliance with Section 287.135(5), Florida Statutes, the undersigned hereby certifies that the Contractor is not participating in a boycott of Israel as defined in Section 287.135(1), Florida Statutes; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in Section 287.135(2), Florida Statutes; and does not have business operations in Cuba or Syria as defined in Section 287.135(1), Florida Statutes. In accordance with Section 287.135(3), Florida Statutes, the County shall have the option of terminating this Agreement if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as defined in Section 287.135(1), Florida Statutes. 17. E-VERIFY REQUIREMENT (a)Pursuant to Section 448.095, Florida Statutes, the Contractor shall register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the 15 Agreement, and shall expressly require any subcontractors performing work or providing services pursuant to the Agreement to likewise register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the term of the subcontractor agreement. Subcontractors shall provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as set forth in Section 448.095(2)(b)1, Florida Statutes. Upon request, the Contractor must provide evidence of compliance with this provision. Failure to comply with this provision is a material breach of the Agreement, and the County shall have the option of terminating this Agreement at its discretion. 18.HUMAN TRAFFICKING ATTESTATION (a)In compliance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of the Contractor, a nongovernmental entity, hereby attests under penalty of perjury as follows: 1.The Contractor does not use coercion for labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes, as may be amended from time to time. 2.If, at any time in the future, the Contractor does use coercion for labor or services, the Contractor will immediately notify the County and no contracts may be executed, renewed, or extended between the parties. 3.By execution of this Agreement, the undersigned represents that undersigned has read the foregoing statements and confirms that the facts stated in it are true and are made for the benefit of, and reliance by the County. 19.PUBLIC ENTITIES CRIMES (a)A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (b)By signing this Agreement, the Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this Section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from the County’s competitive procurement activities. (c)In addition to the foregoing, the Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether the Contractor has been placed on the convicted vendor list. 16 (d)The Contractor will promptly notify the County if it or any subcontractor of the Contractor is formally charged with an act defined as a “public entity crime” or has been placed on the convicted vendor list. 20.SUSPENSION AND DEBARMENT (a)By execution of this Agreement, the Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any state or federal department or agency. 21.INDEPENDENT CONTRACTOR (a)The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the parties or to impose any liability attributable to such a relationship upon either party. 22.NO ASSIGNMENT (a)The Contractor shall not assign any of its rights or duties under this Agreement to any other party without the prior written consent of the County, which consent may be withheld by the County for any or no reason. Any such assignment attempted by the Contractor without such prior written consent shall be null and void. If the Contractor attempts to assign any such rights or duties without securing such prior written consent, this Agreement may be declared in default and terminated by the County. 23.SUBCONTRACTORS (a)The Contractor shall provide the names of all subcontractors performing any work or services under this Agreement to the Project Manager. The County reserves the right to approve the utilization of any subcontractors in connection with this Agreement. Such written authorization may be obtained from the Project Manager on behalf of the County. The County further reserves the right to reject any quotation in response to a request for quotation if such quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award, failed to deliver on time contracts of a similar nature, or is not in a position to perform properly under this Agreement. (b)Any subcontractor utilized by the Contractor shall be supervised and compensated by the Contractor. (c) The Contractor shall be fully responsible to the County for the (i) acts and omissions (ii) satisfactory performance and (iii) timeliness of the Services of its subcontractors and of persons directly or indirectly employed by them. 17 (d)The Contractor shall cause appropriate provisions to be inserted in all subcontractor agreements relative to the Services giving the Contractor the same powers that the County may exercise over the Contractor under any provision of this Agreement. (e)Nothing in the Agreement shall be construed as providing any subcontractor with any rights or remedies against the County or any of its employees, principals, officers, or agents for nonpayment or otherwise. 24.NO THIRD-PARTY BENEFICIARIES (a)Any other provisions of this Agreement to the contrary notwithstanding, no third-party beneficiaries are intended or contemplated under this Agreement, and no third-party shall be deemed to have rights or remedies arising under this Agreement against either party to this Agreement. 25.CONFLICT OF INTEREST (a)Throughout the term of this Agreement, the Contractor must not accept nor perform any other employment, assignments of contracts nor obligations that would conflict with the Contractor’s duties and obligations provided under this Agreement. 26.AMENDMENT OR MODIFICATION OF AGREEMENT (a)The Agreement may only be modified or amended upon mutual written agreement of the County and the Contractor. No oral agreements or representation shall be valid or binding upon either party. The Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms to or by incorporating such terms onto the Contractor’s documents forwarded by the Contractor to the County. 27.FURTHER ASSURANCES (a)Each of the parties shall cooperate with one another, shall do and perform such actions and things, and shall execute and deliver such agreements, documents and instruments, as may be reasonable and necessary to effectuate the purposes and intents of this Agreement. 28.REMEDIES (a) The parties will attempt to settle any dispute arising from this Agreement through negotiation and a spirit of mutual cooperation. The Contractor and the Project Manager will use reasonable efforts to arrange meetings as needed, at mutually convenient times and places, to address and work toward resolution of issues that arise in the performance of this Agreement. The dispute will be escalated to appropriate higher-level managers of the parties, if necessary. Each party shall have the right to seek the judicial enforcement and interpretation of this Agreement. 18 29.GOVERNING LAW AND VENUE (a)This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation, mediation, or other action proceeding between the parties arising out of this Agreement lies in Clay County, Florida. 30.ATTORNEYS’ FEES (a)In the event either party shall retain an attorney to litigate on its behalf against the other party regarding the enforcement or interpretation of this Agreement or regarding the rights, remedies, or obligations of the parties arising under this Agreement, the party prevailing on the majority of its claims, or which successfully defends against a majority of the other party’s claims, shall be entitled to an award of reasonable attorney’s fees, court costs, and any other expenses against the other party, including fees, court costs, and any other expenses incurred from the date of referral of the dispute to the prevailing party’s attorney through the conclusion of litigation, or incurred in bankruptcy or on appeal. Nothing contained herein is intended to serve as a waiver of sovereign immunity and extend the County’s liability beyond the limits established in Section 768.28, Florida Statutes. 31.WAIVER (a)No waiver by either party of any term or condition of this Agreement will be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, subparagraph, clause, phrase, or other provision of this Agreement. 32.SEVERABILITY (a)If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. 33.HEADINGS (a)The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of any or all of the provisions hereof. 34.ENTIRE AGREEMENT (a)This Agreement represents the entire understanding between the parties regarding the subject matter herein and supersedes all previous agreements, whether oral or written. 35.COUNTERPARTS (a)The Agreement may be executed in any number of counterparts and by Lhe separateparties in separate counterparts, each of which shall be deemed to constitute an original and all ofwhich shall be deemed to constitute the one and the same agreement. 36.ATTACHMENTS (a) The Attachments listed below are incorporated herein by reference and made a part or this Agreement as if set out fully herein. Attachment A: Bid Scope of Work Attachment B: Proposal 37.AUTHORITY (a) The parties agree to ulilizc electronic signatures and that the digital signatures of theparties set forth below are intended to authenticate this Agreement and have the same force andeffect as manual written signalures. Each person signing on behalf of the pat1ies represents an Iwarrants that he/she has fu 11 authority to execute th is Agreement on bchal f of such party and thatthe Agrccmcnl will constitute a legal and binding obligation of such party. IN WITNESS WHEREOF, the partie have executed this Agreement a or· lhe date stated in the introductory paragraph. co� By�� Print Name: James M. Hansen 1 rint Title: __ S_e _c_r_e_t_a_ry ________ _ CLA V COUNTY, a political subdivision of the State of Florida 13y: ---------------1 loward Wanamaker 'ounty Manager on bchalr of the Board ol' ·ounty Comm is ioncrs F:llo1llrac1ll'ur hasing\Various l·.quipmcnl and l\111c11itic, li,r l'�rb 1\gn:c1m:1H.doc 19 ATTACHMENT A BID SCOPE OF WORK INVITATION FOR BID 23/24-074 VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND RECREATION Clay County 477 Houston Street Green Cove Springs, FL 32043 RELEASE DATE: May 16, 2024 LAST DATE FOR INQUIRIES: May 31, 2024, 4:00 pm BID DUE: June 13, 2024, 4:00 pm RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://secure.procurenow.com/portal/claycounty 1.Scope of Work 1.1. Purpose The purpose of this bid is to establish a firm, fixed percentage discount off manufacturer’s and/or supplier's current catalog/supply/product information price list for the purchase and installation of various equipment and amenities for parks and playgrounds. The bid is also a means for qualifying vendors and establishing pricing for ball park lighting services and court surfacing. 1.2. Scope 1.The bid will establish a firm, fixed percentage discount off manufacturer’s and/or supplier’s current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by Clay County Parks and Recreation. Additionally, this bid will also establish a firm, fixed percentage off manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities for parks and playgrounds as needed. The County reserves the right to award to multiple bidders. 2.It is understood that bidder’s current catalog/supply/product information price list are subject to change; however, percent discount shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in the bid. If the bidder offers specialized catalogs, the catalogs must be submitted separately from any other catalog offered by the bidder throughout the duration of the contract. 3.This bid is also a means for qualifying bidders for ball park lighting services and court surfacing. Qualifying bidders will be requested to provide pricing on a project by project basis as defined in the method of ordering section of this bid. The qualified bidder(s) providing the lowest responsive quote based on contracted pricing will be awarded the project. 4.Freight must be pre-paid and added to the invoice and the quote. The County will pay actual freight charges. 5.Performance and payment bonds may be required for specific projects. This requirement is driven by the size and price of each particular job. Bidders will be required to meet this requirement before receiving a purchase order for the project. 6.The County reserves the right to purchase from other agreements when in the best interest of the County. Responsibility: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment or amenities ordered, unless otherwise specified by the County. The County may elect, in certain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers. County staff). These items will be shipped to a designed location and off-loaded by the bidder or bidder’s representative. 1.3. Method of Ordering The County may generate a Request for Quotation, on an “as needed” basis, for park and playground equipment and/or ball field lighting, lighting installation, and court surfacing together with a request for additional services required to complete that project (see attached Quote sample sheet). The County reserves the right to send such Request for Quotation to any or all awarded bidders. The Request for Quotation can define the project exactly or the Request for Quotation can describe a desired end result, allowing the bidder to design the park or playground site. After generating a Request for Quotation for a project, and before bidder’s submission of its quotation in response to the Request for Quotation, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder’s quotation in response to the Request for Quotation must contain each of the following: •A detailed breakdown of the cost for the entire project. Descriptions of additional services related to the project, together with their price, shall also be listed. •Include Catalog Name, Number and associated discount. When quoting projects where freight would be charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. •Names of any and all subcontractors on the project. It is understood the bidder remains responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to a Request for Quotation if said quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. •Project Completion Date. •Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to use other available bids or contracts when in the best interest of the County. 1.4. Administrative Fee (Piggybacking) Cooperative Contract: The Bidder agrees to extend provisions and pricing of this contract to any Municipal, County, Public Utility, Educational Institution, Hospital, or any other non-profit or governmental organization. Governmental entities wishing to use this contract will be responsible for issuing their own purchase documents / price agreements, providing for their own acceptance, and making any subsequent payments. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. Clay County makes no guarantee of usage by other users of this contract. A 1.5 percent administrative fee on Eligible Revenues will be paid to the County for any contracts/purchase orders the Bidder receives or agrees to enter into with other entities under the provisions and pricing of the County's contract. The Bidder shall provide quarterly Volume Sales Reports to the County about additional sales to other entities under the provisions and pricing of the Contract. The Reports shall include the ordering agency, detail of items sold including description, quantity, and price; and shall include all transactions pertaining to sales under the contract provisions and pricing for that Reporting Period. Bidder shall provide the Volume Sales Reports regardless of whether or not any sales have been conducted. Failure of the Bidder to provide quarterly reports as required, may be deemed breach of the contract. All payments of administrative fees are due 30 calendar days after the closing of each quarter. A late penalty of 15 percent on the value of the Administrative Fee may be assessed to the Bidder for each month the payments are not received. All sales shall include the 1.5 percent administrative fee. Volume Sales Reports and Administrative fees will be mailed to the Clay County Board of Commissioners, Attn: Purchasing Department, PO Box 1366, Green Cove Springs, Florida 32043. 1.5. Qualification of Installers If a bidder utilizes a sub-contracted installer for any park or playground equipment, lighting, or court surfacing a list of sub-contracted installers must be included with this bid. Additionally, upon request the bidder must supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub- contracted installer, is an authorized installer, certified to install various equipment and amenities for parks and playground equipment as required by each manufacturer. 1.6. Catalogs and Manufacturer Suggested Retail Price (MSRP) Lists Each bidder shall submit with this bid, a website link of each catalog and current catalog/supply/product price list for each catalog submitted. All catalogs and price lists shall clearly identify the bidder’s name, address and telephone number. If digital catalogs are not available on website, catalogs must be mailed or delivered to the Clay County Purchasing Department, Fourth Floor, 477 Houston Street, Green Cove Springs, FL 32043 prior to bid opening. Annually Bidder may request that new manufacturers be added. The County reserves the right to approve or deny this request. SALES PROMOTION/PRICE REDUCTION: It is understood that sales promotions occur during the course of the contract that will lower prices of products for the period of the sales promotion. The County shall receive the full benefit of such reductions if lower than the discount established by this bid. The County must be notified of these promotions in writing, specifying the beginning and ending dates of the sales promotions. 1.7. Compliance With Laws and Codes Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: A. American Society for Testing and Materials (ASTM) ASTM-F1487 Standards – Methods of testing Playground Equipment for Public Use ASTM-F1292 Standards - Method for testing various surfacing materials to determine their “critical height” (the fall height below which a life-threatening head injury would not be expected to occur) Copies may be obtained from the: American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B.Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground Safety. Copies may be obtained from the: US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301)504-7923 C.National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the: National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148-4150 (703)858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. Copies may be obtained by calling: (800)514-0301 Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the County a certificate so stating the equipment /surfacing and its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any if the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. 1.8. Award The County reserves the right to award to multiple bidders. There is no guarantee any purchase order will be issued after award. Purchase orders will be issued subject to availability of funds. 1.9. Site Inspections It is incumbent upon all bidders to examine the site and insure that they are aware of all conditions that may affect the contract work. The County will not be responsible for conclusions made by the Bidder. No claims for additional compensation will be considered on behalf of any Contractor, Sub-Contractor, materials suppliers or others on account of that person’s failure to be fully informed of all requirements of all parts of this bid. 1.10. Work Hours Workdays and hours – Normal work hours of Monday through Friday, 7:30 a.m. to 5:00 p.m. unless approved by the County Project Manager or designee. Any work performed outside of the normal County business hours will require prior County approval and payment to the County for all expenses incurred by the County may be required. 1.11. Permit & Fees The Bidder shall comply with all applicable State and local laws, ordinances, codes, and regulations. The Bidder is required to familiarize themselves with all permits required for each individual project. If a County permit is required, this project is not exempt from permit fees and permit fees must be paid to the County Building Department by the Contractor. For questions about permitting please contact: Clay County Building Department Phone: (904) 269-6307 Email: permits@claycountygov.com Website: https://www.claycountygov.com/government/building All other permits, assessments, fees, bonds, and other charges as necessary to perform and complete the work of the individual project is the responsibility of and will be paid for by the Contractor, including any related inspection fees. 1.12. Clean up & Restoration of Site The Bidder is responsible for anything damaged due to the direct result of installation or construction. Remove all debris from site and dispose of appropriately at Contractor expense. Bidder shall maintain work site in a safe manner, and daily clear construction debris. 1.13. Bidder and Subcontractor Requirements 1.The Bidder shall be licensed to perform all work listed in the Scope of Work provided. 2.The Bidder shall own or have full access to the appropriate personnel and equipment to complete the project requested. 1.14. Subcontractors and Major Material Suppliers Contractor shall submit names of subcontractors and major material suppliers that they anticipate utilizing for any portion of the Work required within this RFB. The County reserves the right to approve all Sub-Contractors. If Sub-Contractors are to be utilized, their names must be included within this Bid. The County may request references of the Sub-Contractors prior to approval. Responsibility for the performance of the Contract remains with the main Contractor exclusively. After the commencement of the project, Sub-Contractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County. If any Subcontractor or Major Material Supplier is found to be incompetent, careless, or neglectful, or unduly delays progress of work, they shall be dismissed. Another shall then be employed in its place, as approved the County. 1.15. Damage to Public or Private Property If property (public or private) is damaged while Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the County prior to the final acceptance of the work. Contractor will be responsible for applying and securing any permits that may be required to complete such repairs. Contractor must provide protection necessary to prevent damage to property being repaired or replaced. If the work site has any pre-existing damage, the Contractor shall notify the County Project Manager in writing. Failure to do so shall obligate the Contractor to make repairs per the above section. Any damage to property (public or private) caused by the action of the Contractor shall be repaired or replaced at the expense of the Contractor to the satisfaction of the County. Failure to restore said property within five (5) working days following notification will result in a deduction from the final payment invoice. All damage which occurs as a result of the Contractor’s application of materials shall be remedied by the Contractor at no additional cost to the County. Repairs made as a result of damage must be guaranteed for a period of thirty (30) days. Should the replacement be damaged within the 30- day period the Contractor shall replace the materials continually until the area is re-established. Should the County have any expenses incurred due to the Contractor not restoring the property/damage within said time, any appropriate labor, material, and/or equipment use or rental to restore damaged property to its original condition will be deducted from the final Invoice prior to a payment being made. 1.16. Compliance with Occupation Safety and Health Act The Bidder warrants that the product(s) and/or service(s) supplied to Clay County shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970 as amended and the failure to comply will be considered a breach of contract. Clay County shall be held harmless against any unsafe conditions and contractor employee incidents. Bidder certifies that all material, equipment, services, etc., furnished in this bid meets all OSHA requirements for the applicable Sectors. Bidder further certifies that, if the successful bidder, and the material, equipment, service, etc., delivered or provided is subsequently found to be deficient in any OSHA requirement in effect on date of delivery or service fulfillment date, all costs necessary to bring the material, equipment, service, etc., into compliance with the aforementioned requirements shall be borne by the bidder. All Personal Protective Equipment used by the Contractor and their employees shall be ANSI certified and meet OSHA standards. 1.17. Unsatisfactory Equipment and/or Services The County will discuss all instances of unacceptable equipment and/or services with the awarded Bidder. This shall be immediately rectified by the Bidder at no charge to the County, to include any labor and materials as it may apply. During this time, the County may suspend service with the Bidder until the problem(s) are corrected or may elect to use another company on an emergency basis. A record of failure to perform or of an unsatisfactory performance may result in supplier debarment. 1.18. Payment The Contractor may request payment no more than once monthly, based on the amount of work completed. All partial estimates and payments found to be in error shall be subject to correction in the estimates and payments subsequent thereto, and in the final estimate and payment. Payments will be made in accordance with the Florida Local Government Prompt Payment Act. The amount of such payments shall be the total value of the project work completed to the date of the estimate, based on the quantities and the Contract unit and/or lump sum prices, less an amount retained and less payments previously made. The amount retained shall be determined in accordance with Section 255.078, Florida Statutes. 1.19. Warranty The Contractor shall provide a warranty for equipment and parts. Warranty will begin from the date of final acceptance. 1.20. Term The term of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (1) year renewal options. Discounts from this solicitation shall prevail for the full duration of the contract and including subsequent extensions. The County reserves the right to use other available bids or contracts when in the best interest of the County. 1.21. Performance Evaluation A work performance evaluation will be conducted periodically to ensure compliance with the Contract. 1.22. Cancellation of Contract If the awarded Bidder fails to maintain acceptable product quality or to perform adequately in accordance with the terms, conditions and specifications established in this Request for Bid, the County reserves the right to cancel the contract upon thirty (30) days written notice to the Contractor. 1.23. Additional Services If the County and/or awarded Bidder identifies any additional services to be provided by Bidder that are not covered under the Agreement but are beneficial to the County, such additional services shall be mutually negotiated between the County and the Bidder. Example Request for Quotation Various Equipment and Amenities for Parks and Playgrounds Description of Project: Price Quotation: Manufacturer Item and Page Number Quantity MSRP Unit Price Contract Discount Extended Price *When quoting projects where freight would be charged, include those costs so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. Additional Services Required: Description Quantity Unit Price Extended Price Total: $ List any Subcontractors: 1.Name 2. Address 3. Telephone Number 4. Contact Name 5.Designated Work 6. Subcontractor Cost ATTACHMENT B PROPOSAL Clay County Purchasing / Administrative and Contractual Services 477 Houston Street, Green Cove Springs, FL 32043 [MUSCO SPORTS LIGHTING, LLC] RESPONSE DOCUMENT REPORT RFB No. 23/24-074 Various Equipment and Amenities for Parks and Recreation RESPONSE DEADLINE: June 13, 2024 at 4:00 pm Musco Sports Lighting, LLC Response CONTACT INFORMATION Company: Musco Sports Lighting, LLC Email: musco.contracts@musco.com Contact: Beth Sheeley Address: 100 1st Avenue West PO Box 808 Oskaloosa, IA 52577 Phone: (800) 825-6030 Website: www.musco.com Submission Date: Jun 12, 2024 3:11 PM Clay County RFB #23/24-074 Sports Lighting Pricing Sheet Manufacturer: Musco Sports Lighting, LLC Address: 100 1 st Ave West City, State, Zip Code: Oskaloosa, IA 52577 Contact: Beth Sheeley Phone: 800-825-6030 Fax: Email: Federal ID#: 641-672-1996 musco .contracts@musco.com 42-1511754 Terms: 25% of contract price required with order. Balance due Net 30 days upon delivery. All prices include delivery within Clay County, FL to the job site and are for the lighting system materials only. Section I: Musco Sports Lighting Price List A.Light-Structure System™ with Total Light Control -TLC for LED ™ & SportsCluster ® System with Total Light Control -TLC for LED™ Light-Structure System™ with Total Light Control-TLC for LED'" The Light-Structure System™ with TLC for LED ® includes precast concrete bases, galvanized steel poles, electrical components enclosures, wire harnesses, luminaire assemblies and Control-Link ® Control & Monitoring package. Installation is NOT included in pricing for the items listed in Section 1. WARRANTY AND GUARANTEE: Musco will provide all materials and labor to maintain operati on of the Light-Structure System™ with Total Light Co ntrol-TLC for LED™ to original design criteria for 25 years. Musco products and services are guaranteed to perform for the cust omer as detailed in the "Musco Constant 25™" document. SportsCluster ® System with Total Light Control -TLC for LED ® SportsCluster ® System with TLC for LED ® includes electrical components enclosures, wire harnesses, luminaire assemblies and Control-Link ® Control & Monitoring package (does not include poles or concrete bases). Utilizes existing sports lighting poles that are compati ble with Musco's lighting system. Installation is NOT included in the pricing for the items listed in Section 1. WARRANTY AND GUARANTEE: Musco will provide all materials and labor to maintain operati on of the SportsCluster ® System with Total Light Control-TLC for LED™ to original design criteria for 1 o years. Musco products and services are guaranteed to perform for the customer as detailed in the "Musco Constant 1 0™" document. The Constant 1 0'" warranty is contingent upon a site inspection. �co. 2 50fc 3 50fc 4 50fc $42,941 Mini-Pitch System™ Modular Sports Solution Mini-Pitch Svstem™ -10year parts and labor warranty ught Level Price for TLC-LED Materials 40' x84' 25fc $80,000 50'x104' 20fc $85,000 6rt x120' 15fc $90,000 MuscoVision ® Automated Sports Broadcasting 1\lluscoVision® - 5 year pai1s and labor warranty Price for Material� per field Diannnd Field* $12,000 Rectangular Field/Court* $12,000 *750 hours of streaming included; additional hours available for purchase *For every year of maturity of the contract please take into account a 2.5% increase for materials on MuscoVision®. B.Other Applications/ Supplemental Items Additional lighting for security, special areas, replacing fixtures on existing poles or non-standard field sizes & pole locations Control-Link Retrofit Unit (material only) Control-Link Unit -Multiple Services (material only) Osprey Nest Platforms TLC for LED ®-RGBW Fixture TLC for LED ®-RGBU Fixture LED Security Fixture (mount on Musco pole) LED Pathway Lighting (8' pole with LED fixture) LED Area Lighting (15' pole with LED fixture) ED Roadway Lighting (30' pole with LED fixture) LED Bollard Lighting (42" pole with LED fixture) Section II: Adders Cost $4,200 Per Fixture $9,850 Per Unit $8,040 Per Unit $3,600 Each $6,000 Per Fixture $6,000 Per Fixture $2,500 Per Fixture $2,760 Per Pole $2,700 Per Pole $3,060 Per Pole $960 Per Pole A.The above pricing is based upon 2023 FBC 130 mph. For each 10 mph increase in wind zone, the equipment and installation price will increase by 20%. B.Florida Building Code, 2023 edition with supplement for public schools will add up to 20% to the price of the job plus any applicable wind zone in crease adder. C.Broward County, Miami -Dade County, and Palm Beach County for HVHZ wind zone will add up to 30% to the price of the job plus any applicable wind zone increase adder. D. During the term of this contract, technical upgrades to these produ cts may periodically become available and may be offered to the owner. Bidder reserves the right to supply CXY:X) rnusco. upgraded technology provided it maintains on-field lighting performance and enhances benefit, additional costs may vary. E.This pricing is based on using Musco's typical 5700 Kelvin/75 CRI LED fixtures. Other Kelvin & CRI LED fixture combinations are available and may add additional cost. F.The pricing is based on 480v; other voltage options are available and may add additional cost. G.This pricing is based on standard installation. If a pier foundation, suspended pier foundation, or other non-standard installation is required price will increase by 15% plus any applicable wind zone increase adder. H.Standard soil conditions-rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost. I.Pricing is based on using Musco's Control-Link ® Control & Monitoring package. Musco's Show-Light ® entertainment services packages are availa ble and will increase the equipment cost by 20%. Musco is not responsible for obtaining rights to or any cost associated with music licenses. J.Sales tax, labor and unloading of the equipment is not included as part of the materials only pricing. K.Pricing is based on shipment of the entire project together to one location. Delivery time of order, submittal approval, and confirmation of order details include voltage and phase, and pole location is approximately 10-12 weeks standard shipping . L.This pricing does not include situations with obstructed site access and the related matting, and non-standard equipment that would be required, which may add additional cost. M.This pricing list should not be considered complete and exhaustive due to the nature of each project being a unique, design-build situation. Additional costs will be incurred with non-standard situations and design elements. CXXY:) rnusco. Section Ill: Labor Costs- A.Pole Installation (price per pole) Max diameter 36" no suspension Pole Height LS 2023 FBC 130 mph price with Musco precast base Pole LS 2023 FBC Height 130 mph Price 40' $7,500 50' $7,500 60' $8,500 70' $9,500 80' $10,500 90' $11,000 100' $13,000 11 0' $17,000 B.Sub-Standard Soil Conditions -The above installation price is based upon 130 mph wind zone installed in standard class 5 soils. If sub-standard soil conditions exist, it is understood that there may be additional costs associated with a sub-standard soil installation and the owner agrees to accept the additional costs. In addition, because wind zones sometimes impact pole size, there may be a 10% increase in the cost of installation for each 10 mph increase in wind zone. C. Removal of Existing Concrete Poles D.Removal of Existing Wooden Poles E.Straighten Concrete Pole F.Patching Concrete Poles G.Installation of Fixtures on Existing Poles H.Installation of Osprey Platform I.Installation of Control Link Retrofit J.Retrofit existing Gymnasium with LED K.Site Inspection -Evaluation of existing lighting system a:x:x:) musco. $10,000 per pole $4,500 per pole $10,000 per pole $5,500 per pole $17,000 per pole $3,600 per platform $8,500 per unit $1,500 per fixture $5,000 per project Section IV: Electrical Costs A. Service Options Option A-200 Amp Service (Section IV, A, 1) Option B -400 Amp Service (Section IV, A, 1) Option C -600 Amp Service (Section IV, A, 1) Option D -800 Amp Service (Section IV, A, 1) $28,300 each $34,300 each $42,300 each $48,300 each *Musco does not manufacture main distribution panels and delivery timing may vary and differ from Musco equipment delivery schedule. B.Conduit, Pull Boxes and Conductors 1.Wiring from Panel to Contactors a.Connect wiring from one 3 pole, 30 amp breaker to one 3 pole, 30 amp contactor using 3 #6 conductors, max distance of 10 feet b. Connect wiring from one 3 pole, 60 amp breaker to one 3 pole, 60 amp contactor using 3 -#4 conductors, max distance of 10 feet 2.Wiring from Contactors to Poles a.2" PVC with (4) #1 THWN conductors $30 per foot b.2 ½" PVC with (4) 3/0 C.4" PVC with (4) 500mcm d.(2) 4" PVC with (4) 300mcm $600 each $800 each $65 per foot $105 per foot $207 per foot $225 per foot 3.Copper Conductors in PVC Conduit pricing is based on a 500' maximum distance. After 500' the per foot pricing will apply. A 10 $10,800 B 8 $11,960 C 6 $12,420 D 4 $13,580 4.Pull Boxes a.Brooks 38T pull box with 8" x 8" x 6" PVC box Inside b.Connect 4-#1 conductors from pull box to sports lighting pole, maximum distance of 10 feet CXXY:) rnusco. $11.50 per foot $17 .30 per foot $23.00 per foot $28.80 per foot $2,700 each $1,800 each C.Installation of Contactor Cabinets a.48" Cabinet b.72" Cabinet D.Lightning Protection 1.Surge Arrestor-protection at remote electrical enclosure 2.Surge Arrestor-protection on line side of panel E.Pole Grounding 1.Provide and install ground rods for poles 70' and below 2.Provide and install ground rods for poles 80' and above F. Miscellaneous CAT 6 cable with conduit-for show lights, and show light retrofit Dark Sky International Phase 1 design approval Dark Sky International Phase 2 light level reading Remove drilling spoils from site Storage container Dumpster Section V: Engineered Plans A. Electrical Engineering Drawings, sealed by P.E. 1.Adder for 200 amp service 2.Adder for 400 amp service 3.Adder for 600 amp service 4.Adder for 800 amp service B.Structural Engineering Drawings, sealed by P.E. 1.Foundation and pole plans based on assumed soils 2.Foundation and pole plans based on Geotech report C.Geotech report *max of 6 samples per project D.Bonding (over $200,000) E. Site survey F.Project management CXXX) rnusco. $8,500 each $12,000 each $9,200 each $13,500 each $2,500 per pole $3,900 per pole $17 per foot $1,000 per design $3,000 per design $400 per pole $2,800 each $3,000 each $12,100 each $17,450 each $25,900 each $41,450 each $1,850 per project $3,800 per project $14,500 per project $2,000 per $100,000 $5,000 per project $15,000 per project Section VI: Yearly Adjustments A.During the term of this contract, technical upgrades to these products may periodically become available and will be offered to the owner. Musco reserves the right to supply upgraded technology provided it maintains the on-field lighting performance, enhances benefits, and does not exceed the prices bid when applied to a project application under the current contract provisions. B.During the term of this contract if the State of Florida Building Code and/or wind speeds change, Musco reserves the right to adjust pricing accordingly. C.This pricing list should not be considered co mplete and exhaustive due to the nature of each project being a unique, design-build situation. Additional costs will be incurred with non-standard situations and design elements. Sports Lighting -Base Bid Lighting Equipment Part 1 -General A.The project goals are as follows: i.Guaranteed Light Levels: Selection of the appropr iate light levels impacts the safety of the players and the enjoyment of the spectators. Therefore, the lighting system shall be designed such that the light levels are guaranteed for a period of 25 years. ii.Environmental Light Control: Provide precise control of light with engineered optic systems using proven spill and glare reduction methods. The lighting system manufacturer needs to certify that they can meet or exceed all local lighting ordinances, offsite spill, and glare. If required, the lighting manufacturer will meet Dark Skies requirements. iii. Life Cycle Costs: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated, and the field(s) should be proactively monitored to detect luminaire outages over a 25-year life cycle. iv.Control and Monitoring: To allow for optimized use of labor resources and to avoid unneeded operation of the facility, a remote on/off control system for the lighting system must be included. Fields should be proactively monitored to detect luminaire outages over the 25-year life cycle. All communication and monitoring costs for the 25-year period shall be included in the pricin g. B.Sports Lighting Performance i.The performance shall be in accordance with IES guidelines, which states maintained average illuminance levels are values which the lighting system should always meet or exceed. ii.Uniformity Ratio: The foot-candle level shall have a uniformity ratio of maximum ratio of not greater than the following: 1.The manufacturer guarantees field light inten sity levels and uniformity ratios at initial start-up and throughout rated life of the lamp and shall be maintained for the warranty life. Football-Standard 4-pole layout, with poles located at the 15-yard line, with setbacks from the field as given below with two options for lighting levels to be submitted and quoted . CCXX) rnusco. Field Size Pole Target light large Light Uniformity Grid Grid Points Setback Level Level Spacing 360 X 160 50' 30fc 50fc 2.0:1 30' X 30' 360 X 160 70' 30fc 50fc 2.0:1 30' X 30' 360 X 160 100' 30fc 50fc 2.0:1 30' X 30' 360 X 160 120' 30 fc 50fc 2.0:1 30' X 30' Soccer-Standard 4-pole layout, with poles located at a distance of (Field Length/2-((Field Width/2+ Setback ) x 0.40)) from the centerline, with setbacks from the field as given below . Standard outside pole locations for a 6-pole design would be located at a distance of 72 72 72 72 (Field Length/2 -((Field Width/2 + Setback ) x 0.28) from the center line, with setbacks from the field as given below with two options for lighting levels to be submitted and quoted. Field Size Pole Target light large Light Uniformity Grid Grid Points Setback Level Level Spacing 330 X 200 30' 30 fc 50fc 2.0:1 30' X 30' 77 330 X 200 50' 30 fc 50 fc 2.0:1 30' X 30' 77 360 X 210 30' 30 fc 50 fc 2.0:1 30' X 30' 84 360 X 210 50' 30 fc 50fc 2.0:1 30' X 30' 84 360 X 225 30' 30 fc 50fc 2.0:1 30' X 30' 96 360 X 225 50' 30 fc 50fc 2.0:1 30' X 30' 96 Baseball -(90' Base path ) -Standard A-pole locations are 50' down line and 55' off for a 90' base path . Standard B-pole locations are 5' beyond the outfield radius and 1 O' off the foul line for a 4- pole design and are at a distance down the line of ((Foul Line+ (Base path* 0.5))/2) and 40' off the foul line for a 6-pole and 8-pole design. Standard C-pole locations are 5' beyond the outfield radius at an angle of 20 degrees from the foul line for a 6-pole design and 10 degrees from the foul for an 8- pole design . Standard D-pole locations are 5' beyond the outfield radius at an angle of 30 degrees from the foul line for an 8-pole design. Sottball -(60' Base path ) -Standard A-pole locations are 35' down line and 40' off for a 60' base path. Standard B-pole locations are 5' beyond the outfield radius and 1 O' off the foul line for a 4- pole design and are at a distance down the line of ((Foul Line+ (Base path*0.5)/2) and 40' off the foul line for a 6-pole and 8-pole design . Standard C-pole locations are 5' beyond the outfield radius at an angle of 20 degrees 5' beyond the outfield radius at an angle of 20 degrees from the foul line for a 6-pole design and 10 degrees from the foul line for an 8-pole design. Field Type Field Size Target large Light Un iformity Uniformity Gr id Gr id light Level Infield Outfield Sp acing Points Level (inf/out) (infield/ (Inf/out ) outfield 60' Base Path 200' 30/20 fc 50/30 fc 2.0:1 2.5:1 20' X 20' 25/73 60' Base Path 225' 30/20 fc 50/30 fc 2.0:1 2.5:1 20' X 20' 25/96 60' Base Path 250' 30/20fc 50/30 fc 2.0:1 2.5:1 20' X 20' 25/119 60' Base Path 300' 30/20fc 50/30 fc 2.0:1 2.5:1 20' X 20' 25/181 �co. 60' Base Path 320' 30l20fc 50/30 fc 2.0:1 2.5:1 20' x 20' 25/209 90' Base Path 300' 50/30 fc 70/50 fc 2.0:1 2.5:1 30' X 30' 25/73 90' Base Path 325' 50/30 fc 70/50 fc 2.0:1 2.5:1 30' X 30' 25/90 90' Base Path 350' 50/30 fc 70/50 fc 2.0:1 2.5:1 30' X 30' 25/106 90' Base Path 320/360/320 50/30 fc 70/50 fc 2.0:1 2.5:1 30' X 30' 25/100 90' Base Path 330/400/330 50/30 fc 70/50 fc 2.0:1 2.5:1 30' X 30' 25/121 Tennis -Standard pole locations are 6' beyond the serving line and 3' outside the fence . # Courts Target Light Level Uniformity 2 50 fc 2.0:1 3 50 fc 2.0:1 4 50 fc 2.0:1 6 50 fc 2.0:1 Pickelball-Standard pole locations are 6' beyond the serving line and 3' outside the fence . # Courts Target Light Level Uniformity 2 50 fc 2.0:1 3 50fc 2.0:1 4 50fc 2.0:1 Basketball -Outdoor -Standard pole locations are at the center line. # Courts Target Light Level Uniformity 2 50 fc 2.0: 1 Basketball-Indoor - Lighting shall be provided utilizing LED luminaires * Court size Target Light Level Uniformity 94' X 50' 80fc 2.0: 1 Parking Lots -Lighting shall be provided utilizing LED luminaires* Parking Lot Total Square Feet Target Average Light Uniformity Level 320' X 200' 64,000 1 fc N/A *Pricing for alternate size parking lots may be determined by calculating a cost per square foot of the base size parking area and utilizing this cost to a different size area. C. Point by Point Analysis i.Measurements of light shall be demonstrated on computer generated model that consists of a grid of a specified number of points covering a stated area on an equally spaced grid. See the below chart for the exact specifications of points, areas, and grid spacing for each field. CJ:Y:X) rnusco. ii.Light Level and Uniformity Ratio shall be calculated and shown on the computer­ generated model. The Light Levels and Uniformities must meet or exceed the defined criteria. Computer Models -Test Stations Area of Lighting Size of Area to be Covered Grid Spacing Football Entire Field 30' X 30' Soccer Entire Field 30' X 30' Baseball Entire Field 30' x30' Softball Entire Field 20' X 20' Tennis Courts 1-6 Entire Court 20' X 20' Pickleball Courts 2-4 Entire Court 10' X 10' Basketball Courts 2 Entire Court 20' X 20' Basketball-Indoor Entire Court 10'x10' Parking Lot Entire area (320' X 200') 4' x4' D.Spill/Glare Equipment Part 2 -Product i.Light Control Luminaires: All luminaires shall utilize spill light and glare control devices including, but not limited to, internal shields, louvers, and external shields. No symmetrical beam patterns are accepted. ii.Glare Control: Maximum candela measured at 5' above grade at a distance of 150' should be better than that of a comparable HID design. These values are defined for typical sports fields listed below. * Typical Field Type Maximum Candela at 150' Baseball s;J,000 candela Softball s;J,000 candela Football s;J,000 candela Soccer s;J,000 candela Tennis s;J,000 candela Pickle ball s;J,000 candela *If the design of the project requires the pole setback to be greater than 70' from the edge of the field, the candela value at 150' may exceed the value stated in the above chart. A. Sports Lighting System Construction CXXX) rnusco. i.System Description - Light-Structure System'" shall consist of the following: a.Galvanized steel poles and cross-arm assembly. No di rect burial steel or inverted base steel poles are allowed. 1.The cross-arm mounting plate shall be attached to the cross-arm assembly at the factory. b. Pre-engineered concrete base embedded in concrete backfill. Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel CXXX) musco. portion of the foundation is located a minimum of 18 inches above final grade. The concrete for the anchor bolt foundations shall be allowed to cure for a minimum of 28 days before the pole stress is applied. c.All luminaires shall be constructed with die cast aluminum housing to protect the luminaire reflector system. If the manufacturer cannot provide die cast aluminum housing, external hail shrouds shall be required. Luminaires shall be complete with an external visor. The luminaire and visor should be powder coat painted to match the Electrical Component Enclosure. d.Manufacturer must mount all drivers and supporting electrical equipment in aluminum enclosures mounted approximately 10' above grade. The enclosures shall be touch safe and include drivers and fusing with indicator lights on fuses to notify when a fuse is to be replaced for each luminaire. Safety disconnect per circuit for each pole structure will be located in the enclosure. e.Manufacturer shall provide surge protection at the pole equal to or greater than 40 kA for each line to ground (common mode) as recommended by current IEEE. f.Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation. g. All luminaires, visors, and cross-arm assemblies shall withstand 150 mph winds and maintain luminaire aiming alignment. h.Control cabinet to provide remote on-off control and monitoring of the lighting system. i.Manufacturer must supply a signed warranty covering the entire system (Light Structure System'") for 25 years from the date of shipment. ii.System Description -SportsCluster ® System (existing structures) shall consist for the following: a.Galvanized cross-arm assembly for attachment to existing structures. 1.The cross-arm mounting plate shall be attached to the cross-arm assembly at the factory b. All luminaires shall be constructed with a die cast aluminum housing to protect the luminaire reflector system. If manufacturer cannot provide die cast aluminum housing, external hail shrouds shall be required. Luminaires shall be complete with an external visor. The luminaire and visor should be powder coat painted to match the Electrical Component Enclosure. c.Manufacturer must mount all drivers and supp orting electrical equipment in aluminum enclosures mounted approximately 10' above grade. The enclosures shall be touch safe and include drivers and fusing with indicator lights on fuses to notify when a fuse is to be replaced for each lumi naire. Safety disconnect per circuit for each pole structure will be located in the enclosure. d.Wire harness complete with an abrasion protection sleeve, strain relief and plug­ in connections for fast, trouble-free installation. �co. e. All luminaires, visors, and cross-arm assemblies shall withstand 150 mph winds and maintain luminaire aiming alignment. f.Control cabinet to provide remote on-off control and monitoring of the lighting system. g. Product assurance and warranty program is contin gent upon site inspection and compatibility with existing structures. h.Manufacturer must supply a signed warranty covering the entire system (SportsCluster ® System) for 1 O years from the date of shipment. iii.Manufacturing Requirements a.All components shall be designed and manufactured as a system. All luminaires, wire harness, drivers and other enclosures shall be factory assembled, aimed, wired, and tested. iv.Durability a.All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All expos ed steel shall be hot dip galvanized per ASTM A 123. All exposed hardware and fasteners shall be stainless steel of at least 18-8 grade, passivated and polymer coated to prevent possible galvanic corrosion to adjoining metals. All exposed aluminum shall be powder coated with high performance polyester. All exterior reflective inserts shall be anodized, coated with a clear, high gloss, durable fluorocarbon, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All wiring shall be enclosed within the cross-arms, pole, or electrical components enclosure. v. Lightning Protection a.Manufacturer shall supply and equip all structures with lightning protection meeting NFPA 780 standards. Manufacturing shall integrate the required grounding electrode into the structure. System shall be UL listed. b. If grounding is NOT integrated into the structure the Manufacturer shall supply an electrode of not less than 5/8" in diameter and 8' in length, with a minimum of 1 O' embedment. Grounding electrode shall be connected to the structure by a grounding electrode conductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for poles with more than 75 feet mounting height. vi.Safety a.All safety components shall be UL listed for the appropriate application. vii.Electric Power Requirements for sports lighting equipment a.Maximum total voltage drop to the discon nect switch located on the poles shall not exceed 3% of rated voltage. Voltage/Phase to be determined for each specific site. viii.Building Code a.The base bid of the lighting system must comply with Florida Building Code Edition 2023, Exposure C, Standard Variation with a wind speed of 130 mph. ix. Structural Design a. The stress analysis and safety factor of the poles shall conform to AASHTO 2013 (LTS-6) Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals. x. Soil Conditions a. The design criteria for these specifications are based on soil design parameters that shall meet or exceed those of a Class 5 material as defined by 2023 FBC, Table 1806.2. It shall be the installation contractor's (or manufacturer's) responsibility to notify the owner of soil conditions other than the design criteria. The owner shall then be responsible and absorb the additional costs associated with: 1. Engineered foundation embedment de sign by a registered engineer in the State of Florida 2.Additional materials and/or services required to achieve alternate foundation 3.Geotechnical report xi.Foundation Drawings a.Project specific foundation drawings stamped by a registered engineer in the State of Florida. The drawings shall be available to the owner at the time of the permit. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. B. Control and Monitoring i.Instant On/Off Capabilities a.System shall provide instant on/off luminaires. ii. Lighting contactor cabinet(s) a.Constructed of NEMA Type 4 aluminum, designed for easy installation with contactors, labeled to match field diagrams and electrical design. b. Manual off-on-auto selector switches shall be provided. iii.Optional Dimming a.System shall provide for "High, Medium, Low" or "High/Low" dimming. b. System shall include key activated switches to allow for automated dimming control or manual override. iv. Remote Lighting Control System CXXX) rnusco. a. System shall allow owner and users with a security code to schedule on/off system operation via web site, phone, fax or email up to 1 O years in advance. b. Manufacturer shall provide and maintain two-way TCP/IP communication link. c.Tra ined staff shall be available 24/7 to provide scheduling support and assist with reporting needs. d.The owner may assign various security levels to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as a full scheduling capability for all fields to only having permission to execute "early off" commands by phone. The scheduling tool shall be capable of setting curfew limits. e.Controller shall accept and store 7-day schedules, be protected against memory loss during power outages, and shall reboot once power is regained and execute any commands that would have occurred during power outage. v.Remote Monitoring System a.System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. b.The controller shall determine switch position (manual or auto) and contactor status (open or closed). vi.Management Tools a.Manufacturer shall provide a web-based database and dashboard tool of actual field usage and provide reports by facility and user group. 1.Dashboard shall also show current status of luminaire outages, control operation and service 2.Mobile applications will be provided suitable for I0S, Android and Blackberry devices. b.Hours of Usage 1.Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner. a.Cumulative hours shall be tracked to show the total hours used by the facility. b.Report hours saved by using early off and push buttons by users. c.Communication Cost 1.Manufacturer shall include communication cost for the operating of the control and monitoring system for a period of 25 years. vii.Warranty CXXX) rnusco. a.25 Year Warranty (Light-Structure System'") 1. Manufacturer shall supply a signed warranty covering the entire system for 25 years from the date of shipment. 2.Warranty shall guarantee specified target light levels. 3. Manufacturer shall maintain specifically funded financial reserves to assure fulfillment of the warranty for the full term. 4.Warranty does not cover weather conditions events such as lightning or hail damage, improper installation, vandalism or abuse, unauthorized repairs or alterations, or product made by other manufacturers b.1 O Year Warranty (SportsCluster ® System) 1.Manufacturer shall supply a signed warranty covering the entire system of 1 O years from the date of shipment. 2.Warranty shall guarantee specified target light levels. 3.Manufacturer shall maintain specifically funded financial reserves to assure fulfillment of the warranty for the full term 4.Warranty does not cover weather conditions events such as lightning or hail damage, improper installation, vandalism or abuse, unauthorized repairs or alterations, or product made by other manufacturers 5.Constant 1 O™ warranty is contingent upon a site inspection c.Maintenance 1.Manufacturer shall monitor the performance of the lighting system, including on/off status, hours of usage and luminaire outage for the life of the warranty (date of equipment shipment). 2.Parts and labor shall be covered such that individual luminaire outages will be repaired when the usage of any field is materially impacted. 3.Owner agrees to check fuses in the event of a luminaire outage. d.Exclusions 1.Maintenance, repair or replacement necessitated by loss or damage resulting from any external causes such as, but not limited to, theft, environmental conditions, negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs by third parties, attachments, damage to cabinetry, equipment modifications, vandalism, animal or insect infestation, physical damage to covered products parts or components, or acts of God/nature (including, but not limited to: earthquake, flood, tornadoes, typhoons, hurricanes and lightning). 2.It is the customer's responsibility to check and ch ange fusing. e. Manufacturer shall have in place, the personnel, procedures, and processes to implement and execute the warranty as detailed in this section of the sp ecification. viii.Inspection and Verification �co. a.The lighting manufacturer shall guarantee illumination light levels for the life of the warranty. 1.Field measurements shall be done per IESNA RP-6-22 recommendations. 2. Failure to achieve the required results will require individual luminaire re-aiming and re-measurements at the expense of the manufacturer. Part 3 -Installation (pole const ruction, pole removal, and relight) A.Pole Installation i.Provide pricing for labor to install owner furnished poles & fixtures. Price will include unloading of the equipment upon arrival to job site, excavation of holes, assembly of the poles and luminaires, all wiring from the remote electric enclosures to the luminaires, proper grounding, installation of the pre-stressed foundations with concrete backfill, pole erection and aiming. Installation assumes standard soils of 2000 psf with no rock or abnormal collapsing holes. B.Removal of existing poles or structures i.Provide pricing for labor to take down existing poles, structures and fixtures and remove them to a staging area on the job site designated by the owner. Concrete and steel poles will be completely removed. Any pre-engineered concrete base will be cut-foundations will not be removed but cut and jack hammered to a foot below grade. Wood poles may be cut off 2 feet below grade, as long as the stumps are covered back with soil. C.Installation of fixtures on existing poles i.Provide pricing for labor to take down existing fixtures and remove them to a staging area on the job site designated by the owner. The cost will also include labor to install the new fixtures on the existing structure. Installation assumes that the pole structure and wiring will be sufficient to handle the new fixtures. Owner assumes all responsibility of struc tural integrity of existing poles. CXXX) musco. D.Owner and Bidder responsibilities i.Owner's responsibilities a.Provide total access to the site and poles location for construction. Equipment must be able to move from location to location on standard rubber tires -no towing required. b.Remove any trees, limbs, shrubs, etc. for total access to poles locations. c. Survey in pole locations and aiming points (one per field) for sighting in lighting cross arms. Mark home plate, foul lines, and field boundary lines. Final grade elevations will also need to be marked if necessary. d.Removal, replacement, and repair of all fencing necessary for construction. e.Repair and replacement of any field turf, asphalt, curbs, and concrete inadvertently damaged during installatio n. f.Provide area on site for disposal of spoils from foundation excavation. g.Locate and mark existing underground utilities not covered by "One Call" and irrigation systems including sprinkler he ads prior to excavation. Bidder will not be responsible for repairs to unmarked utilities. h.Pay for any power company fees and requirements, if necessary. i. Additional charges will apply for foundation excavation and construction in nonstandard soils (rock, caliche, high water table, collapsing holes, alluvial soils, etc.) Standard soils are def ined as Class 5 soils in the 2023 Edition of the Florida Building Code and can be excavated using standard earth auguring equipment. j.Provide a source of water such as a fire hyd rant or 2" water line for foundation excavation. Pay for any all fees associated with the water access and usage. k.Pay for any and all permitting fees. ii.Bidder's responsibilities a.Provide required poles, fixtures, foundations, and associated designs. b.Provide structural design for poles and foundations, certified by a professional engineer licensed in the State of Florida c.Provide layout of poles locations and aiming diagram d. Provide light test upon completion of works, once owner supplied electrical system is energized. e.Provide review of electrical design as provided by Electrical Contractor or Electrical Engineer. f.Provide bonding per the State of Florida requirements. g.Provide equipment and materials to offload equipment at job site per scheduled delivery. h.Provide storage containers for material, including electrical enclosures. i.Provide adequate trash containers for cardboard waste and packing debris. j.Provide adequate security to protect delivered products from theft, vandalism, and damage during installation. k.Obtain any and all required permits. Costs to be paid by Owner. l.Make appropriate contact to ensure utility locations have been marked prior to excavation and trenching. Repair any damage to existing utilities made during construction. m.Provide materials and equipment to inst all Musco's Light-Structure System™ foundations as specified on layout. n.Remove augured spoils to owner design ated location at job site. o.Provide materials and equipment to assemble and install Musco's TLC for LED ® fixtures and terminate all necessary wiring. p.Provide equipment and materials to assemble and erect Musco's Light­ Structure System™ poles. Part 4-Electrical Supply labor/equipment A.Electrical Services �CO. i.All services are to be quoted at 277 /480-volt three phase. Base all service feeders on a length of 150 feet at burial depth of 36" with no obstructions in the path. Provide lump sum costs for equipment and labor to install each of the following four options. a.Option A 1.200 amp three phase meter can 2.200 amp main circuit breaker N3R 42 circuit panel with 8 three pole 30 amp breakers 3.Service feeders. (4) 3/0 conductors in a 2 1 /2" raceway. 150' 4.Build service rack out of 2" galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and one lighting contractor cabinet sized at 72" high, 36" wide and 12" deep. The lighting contactor cabinet will be provided by the sports lighting manufacturer and installed. 5.Pull necessary permits b.Option B 1.400 amp three phase meter can 2.400 amp main circuit breaker N3R 42 circuit panel with 8 three pole 60 amp breakers 3.Service feeders. (4) 500 mcm conductors in a 4" rac eway. 150' 4.Build service rack out of 2" galvanized pipe with gal vanized uni-strut to accommodate meter can, electrical panel and one lighting contractor cabinet sized at 72" high, 36" wide and 12" deep. The lighting contactor cabinet will be provided by the sports lighting manufacturer and installed. 5.Pull necessary permits c.Option C 1.600 amp three phase meter can 2.600 amp main circuit breaker N3R 42 circuit panel with 12 three pole 60 amp breakers 3.Service feeders. (2) 4" raceways with (4) 300 MCM conductors in a 4" raceway. 150' 4.Build service rack out of 3" galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and one lighting contractor cabinet sized at 72" high, 36" wide and 12" deep. The lighting contactor cabinet will be provided by the sports lighting manufacturer and installed. 5.Pull necessary permits d.Option D 1.800 amp three phase CT enclosure 2.800 amp three phase CT meter can 3.800 amp main circuit breaker N3R 42 circuit panel with 12 three pole 80 amp breakers 4.Service feeders (2) 4" raceways with (4) 500 mcm conductors in each raceway. 150' 5.Build service rack out of 3" galvanized pipe with galvanized uni-strut to accommodate meter can, CT enclosure, electrical panel and one lighting contractor cabinet sized at 72" high, 36" wide and 12" deep. The lighting contactor cabinet will be provided by the sports lighting manufacturer and installed. 6.Grounding per NEC and local building codes 7.Pull necessary permits ii.Conduit, pull boxes and conductors a.Provide equipment and labor to install conduit, pull boxes and conductors. All installations are to be in PVC schedule 40 pipe at a burial depth of 36" with twin conductors. iii.Lightning protection �co. a.Surge Arrestors: UL labeled and rated for 277/480 V, 3 phase, 4 wire, as manufactured by Erico (TDX-50) or equal and shall be attached to the bottom of the remote electrical enclosure and/or on line side of main electrical panel. End of Bid SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Parks Elect ric Servi ce Inc 2986 Florence Drive Address: Middleburg, FL 32068 Phone Number: 9 04-237-0165 ContactName: Cl a u d e Parks Business Name: Davco Address: -----------------4885 Park Ridge Boulevard Boynton Beach, FL 33426 Phone Number: 561-732-3434 ContactName: Russ White/ Mark Komar Business Name: Electrical Contracting Service 2375 West 77th Street Address: Hialeah, FL 33016 Phone Number: 3 05-5 56 -0 041 ContactName: Charl ie Fl oyd/ Chuck Floyd Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer( s ), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) SUB-CONTRACTOR EQUIPMENT INSTALLERS: B . N Bentley Electric Company of Naples usmess ame: __________________ _ Address: 4406 Enterprise Ave Naples, FL 34104 Phone Number: 239-643-5339 Contact Name: S t ev e Bent l e y B . N Simmonds Electrical of Naples, Inc. usmess ame: __________________ _ 8941 Quality Road Address: Bonita Springs, FL 34135 Phone Number: 23 9-643-27 70 Contact Name: Noe Al v arado Business Name: __________________ _ Address: Phone Number: ------------------- Contact Name: __________________ _ Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer( s ), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) Musco Sports Lighting * 2220 Cluster Oak Dr. #H * Clermont, FL 34711 Telephone (352) 243-9999 * Fax (352) 243-2791 OCOEE BULLDOG FOOTBALL Prepared for: City of Ocoee Date: October 1, 2026 Field Description: Pricing for: 360 x 160 Football Sports Cluster LED™ System delivered to your site in Five Easy Pieces™  Galvanized steel pole top luminaire assembly’s  UL Listed remote electrical component enclosure & Pole length wire harness  Factory-aimed and assembled LED luminaires Also Includes:  10 Year warranty and maintenance program that includes all materials, labor  Guaranteed of a constant light for 10 years.  Connect to existing Service and Control Link  10-year proactive monitoring  80% less glare light than other open-faced LED technology  Osprey Deterrents Materials Only Pricing listed below is based on Clay County bid # 23/24-284 Field Description QTY $ Per Total 360 x 160 Foottball 1 121,967$ 121,967$ Installation of fixturees to existing poles 6 8,000$ 48,000$ Adder for Osprey Deterrents 6 2,000$ 12,000$ Deduct for Ocoee 1 (22,420)$ (22,420)$ TOTAL 159,547$  Sales tax is NOT included as part of this budget estimate. Retrofit installation  Reasonable access to the pole locations must be provided  No field reparations are included in quote. Pricing furnished is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. Andrew W. Akers