PORT OF PALM BEACH DISTRICT REQUEST FOR PROPOSALS. For PORT OF PALM BEACH LED RETROFIT. RFP Issue Date: October 3, 2017

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1 PORT OF PALM BEACH DISTRICT REQUEST FOR PROPOSALS For PORT OF PALM BEACH LED RETROFIT RFP Issue Date: October 3, 2017 Sealed Proposals Due: October 30, 2017

2 PORT OF PALM BEACH DISTRICT MARITIME OFFICE COMPLEX 6TH FLOOR ONE EAST 11 TH STREET RIVIERA BEACH, FLORIDA REQUEST FOR PROPOSALS (RFP) Issue Date: October 3, 2017 Title: Port of Palm Beach LED Retrofit RFP # Period of Agreement: Pre-Proposal Meeting: Sealed Proposals Due: Inquiries: Upon designation of agreement until project completion. Proposers are highly encouraged to attend the optional Pre- Proposal meeting scheduled for October 10, 2017 at 2:00 p.m. (local time) at 1 E. 11 th Street, Riviera Beach, in the Port s Conference Room By October 30, 2017 at 2:00 p.m. (local time) at the above address This RFP is determined to be complete. Please limit your inquiries to one inquiry prior to the sealed proposal date. Please contact Ken Hern, Sr. Director of Facilities, at khern@portofpalmbeach.com. IF PROPOSALS ARE MAILED, SEND DIRECTLY TO: Purchasing Department Port of Palm Beach District Maritime Office Complex 6 th Floor One East 11 th Street Riviera Beach, FL The outside envelope or mailing container must be labeled Port of Palm Beach LED Retrofit, RFP # IF HAND DELIVERED, DELIVER TO: The same address as above

3 TABLE OF CONTENTS: REQUEST FOR PROPOSALS - ADVERTISEMENT REQUEST FOR PROPOSALS DESCRIPTION OF WORK EXHIBIT A REQUIRED INSURANCE EXHIBIT B SWORN STATEMENT OF CONTRACTOR EXHIBIT C SAMPLE AGREEMENT EXHIBIT D GENERAL CONDITIONS EXHIBIT E PRICE PROPOSAL FORM ATTACHMENT 1 NARRATIVE STATEMENT ATTACHMENT 2 SPECIFIC REFERENCES ATTACHMENT 3 PROPOSER QUALIFICATION FORM ATTACHMENT 4

4 REQUEST FOR PROPOSALS PORT OF PALM BEACH LED RETROFIT # PORT OF PALM BEACH DISTRICT RIVIERA BEACH, FLORIDA 1. Sealed Proposals for Port of Palm Beach LED Retrofit RFP # will be received by the Port of Palm Beach District until 2:00 p.m., (local time), on October 30, 2017 at One East 11 th Street, Riviera Beach, Florida 33404, 6 th floor. Proposals received after this time will be returned unopened. Proposals submitted will be opened publicly and the names of the Offerors read aloud thereafter. 2. The intent of this RFP is to solicit sealed proposals to establish an agreement for LED Retrofit for the Port of Palm Beach District. 3. The Request for Proposal will be available on the Port of Palm Beach s website at: on October 3rd, 2017 at 2:00 p.m. (local time). 4. Proposers are highly encouraged to attend the optional pre-proposal meeting scheduled for October 10, 2017 at 2:00 p.m. (local time) at 1 E. 11 th Street, Ste. 600, Riviera Beach, FL 33404, in the Port s Conference Room. 5. Offerors will be permitted to withdraw their Proposals at any time prior to the Proposal opening. 6. The Offeror agrees that the Proposal shall be good and may not be withdrawn for a period ending ninety (90) days thereafter, or the execution of the Contract between the successful Offeror and the Port. 7. The Port reserves the right to waive any technicalities/irregularities and/or to reject any and/or all Proposals. The Port further reserves the right to award a contract to that Offeror whose submittal best serves the interest of the Port, in the sole discretion of the Port. Advertised Palm Beach Post

5 REQUEST FOR PROPOSALS # DATE OCTOBER 3, 2017 VENDOR: The Offeror REQUESTING DEPARTMENT The District or PPB Purchasing Department Maritime Office Complex 1 E. 11 th Street, Suite 600 Riviera Beach, FL YOU ARE INVITED TO SUBMIT A PROPOSAL ON THE FOLLOWING PROJECT: PORT OF PALM BEACH LED RETROFIT SECTION 1: PURPOSE 1.1 The purpose of this Request for Proposals (RFP) is to solicit sealed proposals to establish an agreement for LED Lighting Services for the Port of Palm Beach District. SECTION 2: DEFINITIONS 2.1 Contractor refers to the Offeror under this Request For Proposals (RFP) with which the Port of Palm Beach District enters into an agreement for LED Lighting Services. 2.2 Offeror refers to any individual, corporation, partnership or agency which responds, in writing, to this RFP. 2.3 District or PPB is the Port of Palm Beach District - a Special Taxing District of the State of Florida, established under Chapter 7081, Law of Florida. The District is responsible for the RFP. The District will enter into the resulting agreement. 2.4 The Agreement is the resulting document entered into between PPB and the successful Offeror. SECTION 3: PROPOSAL REQUIREMENTS 3.1 The District is accepting proposals from qualified LED Lighting companies ( The Offeror ) for LED Lighting Services for the Port of Palm Beach District. 3.2 Proposers are highly encouraged to attend the optional pre-proposal meeting scheduled for 2:00 p.m. (local time) on October 10, 2017, at 1 E. 11 th Street, Ste. 600, Riviera Beach, FL 33404, in the Port s Conference Room.

6 3.3 Sealed proposals will be received until October 30, 2017 at 2:00 p.m. Proposals will be accepted at: Port of Palm Beach District Maritime Office Complex 6 th Floor 1 E. 11 th Street, Riviera Beach, FL Proposals must be marked: Port of Palm Beach LED Retrofit RFP # All proposals will be opened publicly and the names of all Offerors will be read aloud. 3.6 All proposals received after the specified time and date will not be accepted. The time and date for receipt of proposals will be scrupulously observed. The District will not be responsible for late deliveries or mail delays. The time/date stamp located at the District s Reception Area on the 6 th Floor of the Maritime Office Complex will be the official authority for determining late proposals. 3.7 The Port of Palm Beach District reserves the right to accept or reject any or all proposals and to accept the proposal which best serves the interests of the Port of Palm Beach District. 3.8 The Port will not award a contract to any Offeror who cannot prove to the satisfaction of the Port that they have a minimum of five (5) years of experience in the type of work called for in the Description of Work, are licensed in the State of Florida and are financially able and organized to successfully carry out the Work. 3.9 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public work, may not submit bids on leases of real property to a public entity, may not be awarded or may not perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, for a period of thirty-six months from the date of being placed on the convicted vendor list Any Offeror wishing to receive a copy of the List of Offerors is required to enclose a stamped, self-addressed envelope with the proposal response M/WBE Goal. The District has an overall goal to provide 12% M/WBE participation in professional services. Describe your approach to help the District achieve its M/WBE goal. SECTION 4: GENERAL PURPOSE OF THE PROPOSAL 4.1 The District, through its Purchasing Department, is soliciting proposals from qualified Lighting companies to provide full-service LED Lighting services.

7 4.2 All respondents to this REQUEST FOR PROPOSALS (RFP) must have demonstrated experience in full-service LED Lighting services and must meet all criteria/requirements identified in this RFP, including but not limited to: (See Exhibit A) SECTION 5: PROPOSAL SUBMITTAL 5.1 All responses will be addressed to the Purchasing Department, Port of Palm Beach District, Maritime Office Complex, 6th Floor, One East 11 th Street, Riviera Beach, FL Proposals should be as thorough and detailed as possible so that the District may properly evaluate the Offeror s capabilities to provide the required services. 5.2 Offerors are required to submit the following items as a complete proposal: 1. Completed Price Proposal form (See Attachment 1) 2. The return of this complete RFP, and all addenda acknowledgements, if any, with three (3) copies signed, as originals, and submitted as required. Offerors must organize their responses to include page numbers on every page of the proposal. 3. A written Narrative Statement (See Attachment 2) including: a. Experience in providing services of the general nature and the variety or services available through the Offeror. This must demonstrate the Offeror s qualifications and recent related experience. b. Management, Supervisory and Staff experience c. Specific plans for meeting the service requirements of the District d. A brief statement as to why the Offeror is best qualified to perform the required services e. Location of all operations in Palm Beach County. Other pertinent data deemed valuable during the evaluation. 4. A Detail of References (See Attachment 3) which details the specifics of this requirement. 5. Proposer Qualification Form (See Attachment 4) including, but not limited to: A. Experience in providing lighting services of the general nature and the variety or services available through the Offeror. This must demonstrate the Offeror s qualifications and recent related experience. B. Management, Supervisory and Staff experience. C. Location of all lighting operations in Palm Beach County. And other pertinent data deemed valuable during the evaluation.

8 6. All addenda acknowledgements, if any. SECTION 6: PROPOSAL EVALUATION Preliminary evaluation will be based upon the following factors: Description Maximum Score Qualification and Experience of Firm 20% Firm s ability to perform services as in the 20% Description of Work Cost to Port for Services 20% Responsiveness to District s Requirements 20% References 20% TOTAL 100% The above criteria are not necessarily listed in the order of importance. SECTION 7: ADDITIONAL REQUIREMENTS AND STIPULATIONS 7.1 Pursuant to the Florida Public Records Act, materials submitted by all respondents and the results of the District s evaluation are open to public inspection. Offerors should take special note of this as it relates to any proprietary information that may be included in proposals.

9 EXHIBIT A DESCRIPTION OF WORK LIGHTING SPECIFICATIONS Port of Palm Beach LED Retrofit HIGH MAST LIGHTING Lighting System with LED Light Source PART 1 GENERAL 1.1 SUMMARY A. Work covered by this section of the specifications shall conform to the contract documents, engineering plans as well as state and local codes. B. The purpose of this specification is to define the lighting system performance and design standards for the area using an LED Lighting source. The manufacturer / contractor shall supply lighting equipment to meet or exceed the standards set forth in these specifications. C. The primary goals of this LED lighting project are: 1. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of operations on the facility for all port workers. Therefore, light levels shall be guaranteed to not drop below specified target values for a period of 10 years. 2. Environmental Light Control: It is a primary goal of this project to minimize both spill light and glare to all port personnel and surrounding properties as defined in this specification. 3. Life-cycle Cost: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs, including materials, lift and labor shall be eliminated for the entire warranty period. 4. Control and Monitoring: To allow for optimized use of labor resources and avoid unneeded operation of the facility, customer requires a remote on/off control system for the lighting system. The facility shall be proactively monitored by the manufacturer to detect luminaire outages over a 10-year life cycle. All communication and monitoring costs for 10-year period shall be included in the bid.

10 1.2 LIGHTING PERFORMANCE A. Illumination Levels and Design Factors: Port surfaces shall be lit to an average target illumination level and uniformity as specified in the chart below. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Appropriate light loss factors shall be applied and submitted for the basis of design. Average illumination level shall be measured and confirmed by the Engineer, Installing Contractor and Lighting Manufacturer. Illumination levels shall not drop below desired target values in accordance to IES, Maintained Average Illuminance and shall be guaranteed for the full warranty period.

11 Area of Lighting Zone 1 Poles HM20 - HM23 Zone 2 Poles HM01 HM19 Average Target Illumination Levels 2.5 fc Horizontal 2.7 fc Horizontal Maximum Grid Points Grid Spacing 7 fc ' x 30' 12 fc ' x 30' West edge of SR710 Glare n/a 300 Candela spacing Berth Glare 200 from Berth Edge n/a 1 Candela spacing B. Hours of usage: Designs and Life Cycle Cost Analysis shall be based on the following hours of usage Area of Lighting Annual Usage Hours 10 year Usage Hours Entire Port 4,380 43,800 C. Color: The lighting system shall have a minimum color temperature of 5700K and 75 CRI. D. Mounting Heights: To ensure proper aiming angles for reduced glare and to provide better visibility, minimum mounting heights shall be as described below. Higher mounting heights may be required based on photometric report and ability to ensure the top of the field angle is a minimum of 15(fifteen) degrees below horizontal. Max # of Poles Pole Designation Minimum Pole Height 26 HM01 HM26 100'

12 1.3 ENVIRONMENTAL LIGHT CONTROL A. 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. B. Glare Control: The Maximum Candela viewed from any one fixture along the western edge of SR710/Old Dixie Highway shall not exceed 300 candelas. The Maximum Candela viewed from any one fixture at a distance of 200' from the East Berth Edge shall not exceed 1.0 candela. C. Spill Scans: Spill scans must be submitted indicating the amount of horizontal and vertical footcandles along the same specified lines as for Glare Control. Footcandle readings shall be taken at 20' intervals. Illumination level shall be measured in accordance with the IESNA LM-5-04 after 1 hour warm up. D. Manufacturer shall provide the first page of a photometric report for all luminaire types proposed showing horizontal and vertical axial candle power to demonstrate the capability of achieving the specified performance. Reports shall be certified by a qualified independent testing laboratory with a minimum of five years experience or by a manufacturer s laboratory with a current accreditation under the National Voluntary Laboratory Accreditation Program for Energy Efficient Lighting Products. Reports shall remain confidential and be returned to the manufacturer after the bid is awarded. No fixture proposed to be used on this project shall produce candela readings greater than 0 Candela at degrees above the 0-aiming point of the fixture. 1.4 LIFE-CYCLE COSTS A. Manufacturer shall submit a 10-year life cycle cost calculation as outlined in the required submittal information. B. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including PARTS, LABOR & LIFT for 10 years from the date of equipment shipment. Individual outages shall be repaired when the usage of any area is materially impacted. Owner agrees to check fuses in the event of a luminaire outage. PART 2 PRODUCT 2.1 LIGHTING SYSTEM CONSTRUCTION A. Manufacturing Requirements: All components shall be designed and manufactured as a system. All luminaires, wire harnesses, drivers and other enclosures shall be factory assembled, aimed, wired and tested. B. Durability: All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed carbon steel shall

13 be hot dip galvanized per ASTM A123. All exposed aluminum shall be powder coated with high performance polyester or anodized. All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better, passivated and coated with aluminum-based thermosetting epoxy resin for protection against corrosion and stress corrosion cracking. Structural fasteners may be carbon steel and galvanized meeting ASTM A153 and ISO/EN 1461 (for hot dipped galvanizing), or ASTM B695 (for mechanical galvanizing). All wiring shall be enclosed within the cross-arms, pole, or electrical components enclosure. Exposed wiring from the cross arm to the fixture is not allowed. C. System Description: Lighting system shall consist of the following: 1. Galvanized steel poles and cross-arm assembly. Alternate: Round Spun Concrete pole with a minimum of 8,000 psi and installed with concrete backfill will be an acceptable alternative provided building code, wind speed and foundation designs per specifications are adhered to. 2. Non-approved pole technology: a. Direct bury steel poles which utilize the extended portion of the steel shaft for their foundation will NOT be accepted due to potential for internal and external corrosive reaction to the soils and long term performance concerns. 3. Pre-stressed concrete base embedded in concrete backfill allowed to cure for hours before pole stress is applied. Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation is located a minimum of 18 inches above final grade. The concrete for anchor bolt foundations shall be allowed to cure for a minimum of 28 days before the pole stress is applied unless shorter cure time approved by structural engineer of record. 4. Manufacturer will remote all drivers and supporting electrical equipment in aluminum enclosures mounted approximately 10 feet 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. Disconnect per circuit for each pole structure will be located in the enclosure. Integral driver fixtures will not be accepted. 5. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation. 6. All luminaires, visors, and cross-arm assemblies shall withstand 150 mph winds and maintain luminaire aiming alignment. 7. Control cabinet to provide remote on-off control and monitoring of the lighting system. Cabinet shall be constructed of aluminum and be rated NEMA Type 4. Communication method shall be provided by manufacturer. Cabinet shall contain custom configured contactor modules for 30, 60, and

14 100 amps, labeled to match area diagrams and electrical design. Manual off-on-auto selector switches shall be provided. 8. Lightning Protection: Manufacturer shall provide integrated lightning grounding via concrete encased electrode grounding system as defined by NFPA 780 and be UL Listed per UL 96 and UL 96A. If grounding is not integrated into the structure, the manufacturer shall supply grounding electrodes, copper down conductors, and exothermic weld kits. Electrodes and conductors shall be sized as required by NFPA 780. The grounding electrode shall be minimum size of 5/8 inch diameter and 8 feet long, with a minimum of 10 feet 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. D. Safety: All system components shall be UL listed for the appropriate application. 2.2 ELECTRICAL A. Electric Power Requirements for the Lighting Equipment: 1. Electric power: 480 Volt, 3 Phase 2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed five (5) percent of the rated voltage. B. Energy Consumption: The average kw consumption of the lighting system for the entire port retrofit (26 poles as identified in bid documents) shall be less than or equal to kW. The maximum kw consumption for the lighting system shall be kw. 2.3 CONTROL A. Instant On/Off Capabilities: System shall provide for instant on/off of luminaires. B. Remote Lighting Control System: System shall allow owner and users with a username and security code to schedule on/off system operation via a web site, phone, fax or for up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communication link. Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels to schedulers by function and/or area. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all areas to only having permission to execute early off commands by phone. Scheduling tool shall be capable of setting curfew limits. 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 outage.

15 C. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. The controller shall determine switch position (manual or auto) and contactor status (open or closed). D. Management Tools: Manufacturer shall provide a web-based database and dashboard tool of actual usage and provide reports by facility and user group. Dashboard shall also show current status of luminaire outages, control operation and service. Mobile application will be provided suitable for IOS, Android and Blackberry devices. Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for the lighting system that is readily accessible to the owner. 1. Cumulative hours: shall be tracked to show the total hours used by the facility 2. Report hours saved by using early off and push buttons by users. E. Communication Costs: Manufacturer shall include communication costs for operating the controls and monitoring system for a period of 10 years. PART 3 EXECUTION 3.1 DELIVERY TIMING Delivery Timing Equipment On-Site: The equipment must be on-site 6-8 weeks from receipt of approved submittals and receipt of complete order information. 3.2 LIGHTING QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA LM B. Light Level Accountability 1. Light levels are guaranteed not to fall below the target maintained light levels for the entire warranty period of 10 Years. 2. The contractor/manufacturer shall be responsible for an additional inspection one year from the date of commissioning of the lighting system and will utilize the owner s light meter in the presence of the owner. 3. The contractor/manufacturer will be held responsible for any and all changes needed to bring the lighting back to compliance for light levels and uniformities. Contractor/Manufacturer will be held responsible for any damage to the area during these repairs. C. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles and uniformity ratios are not in conformance with the requirements of the

16 performance specifications and submitted information, the Manufacturer shall be required to make adjustments to meet specifications and satisfy Owner. 3.3 WARRANTY AND GUARANTEE A. 10-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 10 years from the date of shipment. Warranty shall guarantee specified light levels. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. 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. Maintenance: Manufacturer shall monitor the performance of the lighting system, including on/off status, hours of usage and luminaire outage for 10 years from the date of equipment shipment. Manufacturer shall notify Owner when there is an outage detected. Individual luminaire outages shall be repaired when the usage of any lighted area is materially impacted. Owner agrees to check fuses in the event of a luminaire outage.

17 REQUIRED SUBMITTAL INFORMATION FOR ALL MANUFACTURERS (NOT PRE-APPROVED) 10 DAYS PRIOR TO PROPOSAL All items listed below are mandatory, shall comply with the specification and be submitted according to pre-proposal submittal requirements. Complete the Yes/No column to indicate compliance (Y) or noncompliance (N) for each item. Submit checklist below with submittal. Yes / No Tab Item Description A B C D E F G H I J K L Letter/ Checklist Equipment Layout On Port Lighting Design Off Port Lighting Design Environmental Light Control Design Photometric Report Performance Guarantee Structural Calculations Control & Monitoring System Electrical Distribution Plans Warranty Project References Listing of all information being submitted must be included on the table of contents. List the name of the manufacturer s local representative and his/her phone number. Signed submittal checklist to be included. Drawing(s) showing area layouts with pole locations Lighting design drawing(s) showing: a. Facility Name, date, file number, prepared by b. Outline of facility or facilities being lighted, as well as pole locations referenced to the center of the facility or facilities (x & y), Illuminance levels at grid spacing specified c. Pole height, number of fixtures per pole, as well as luminaire information including wattage, lumens and optics d. Height of light test meter above surface. e. Summary table showing the number and spacing of grid points; average, minimum and maximum illuminance levels in footcandles (fc); uniformity including maximum to minimum ratio, coefficient of variance (CV), coefficient of utilization (CU) uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. Lighting design drawing showing initial spill light levels along the boundary line (defined on bid drawings) in foot-candles. Light levels shall be taken at 20-foot intervals along the boundary line. Readings shall be taken with the meter orientation at both horizontal and aimed towards the most intense bank of lights. Environmental glare impact scans must be submitted showing the maximum candela from the berth edge on a map of the surrounding area until 300 candelas or less is achieved. Provide first page of photometric report for all luminaire types being proposed showing candela tabulations as defined by IESNA Publication LM Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 years experience. Provide performance guarantee including a written commitment to undertake all corrections required to meet the performance requirements noted in these specifications at no expense to the owner. Light levels must be guaranteed to not fall below target levels for warranty period. Pole structural calculations and foundation design showing foundation shape, depth backfill requirements, rebar and anchor bolts (if required). Pole base reaction forces shall be shown on the foundation drawing along with soil bearing pressures. Design must be stamped by a structural engineer in the state of Texas, if required by owner. Manufacturer of the control and monitoring system shall provide written definition and schematics for automated control system to include monitoring. They will also provide ten (10) references of customers currently using proposed system in the state of Texas. Manufacturer bidding an alternate product must include a revised electrical distribution plan including changes to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of Texas. Provide written warranty information including all terms and conditions. Provide ten (10) references of customers currently under specified warranty in the state of Texas. Manufacturer to provide a list of 10 projects where the technology and specific fixture proposed for this project has been installed in the state of Texas. Reference list will include project name, project city, installation date, and if requested, contact name and contact

18 M N O P Q Product Information Delivery Non- Compliance Life-cycle Cost Calculation Fixtures Product Specifications phone number. Complete bill of material and current brochures/cut sheets for all product being provided. Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information. Manufacturer shall list all items that do not comply with the specifications. If in full compliance, tab may be omitted. Document life-cycle cost calculations as defined in the specification. Identify energy costs for operating the luminaires. Maintenance cost for the system must be included in the warranty. All costs should be based on 10 Years. (complete table below) Provide fixtures manufacturer specifications, including total weight load for the top of the fixture. Fixtures must be bottom heavy. 10-Year Life Cycle Operating Cost a. b. Luminaire energy consumption luminaires x kw demand per luminaire x $.10 kwh rate x 4,380 annual usage hours x 10 years Cost for maintenance, not covered, for 10 years Assume 20 repairs at $ each if not included with the bid $ + $ TOTAL 10 -Year Life-cycle Operating Cost = $ The information supplied herein shall be used for the purpose of complying with the specifications for Port of Palm Beach. By signing below I agree that all requirements of the specifications have been met and that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in the Non-Compliance section. Manufacturer: Signature: Contact Name: Date: / / Contractor: Signature:

19 EXHIBIT B REQUIRED INSURANCE COVERAGE The limits of liability for the insurance required under this Contract shall not be less than as follows: A. Workers Compensation: 1. Employer s Liability $1,000, B. Contractor s Liability Insurance: 1. General Aggregate (Except Products Completed Operations) $1,000, Products Completed Operations Aggregate $1,000, Personal Injury (Per Person/Occurrence) $2,000, Each Occurrence (Bodily Injury/Property Damage) $2,000, Excess Liability General Aggregate $1,000, Each Occurrence $1,000, C. Automobile Liability: 1. Bodily Injury Each Person $1,000, Each Accident $1,000, Property Damage Each Occurrence $1,000, OR 3. Bodily Injury and Property Damage Combined Single Limit Each Occurrence $1,000, Aggregate $1,000, D. Contractual Liability: 1. General Aggregate $1,000, Bodily Injury and Property Damage Combined, Each Occurrence $1,000,000.00

20 EXHIBIT C SWORN STATEMENT OF CONTRACTOR SWORN STATEMENT PURSUANT TO SECTION (3)(A) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn Statement is submitted to the PORT OF PALM BEACH DISTRICT ( PORT ) by whose business address is, and (if applicable) its Federal Employer Identification Number (FEIN) is:. (If the entity has no FEIN, include the Social Security Number of the individual signing this Sworn Statement:. 2. I understand that a public entity crime as defined in Florida Statutes (1)(g), means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that a convicted or conviction as defined in Florida Statutes (1)(b), means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an affiliate as defined in Florida Statutes (1)(a), Means: (a) (b) A predecessor or successor of a person convicted of a public entity crime: or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under

21 an arm s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a person as defined in Florida Statutes (1)(e), means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term person includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this Sworn Statement. [Indicate which statement applies.] Neither the entity submitting this Sworn Statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of this entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this Sworn Statement or one or more of its offices, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of this entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this Sworn Statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of this entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this Sworn Statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PORT IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PORT PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT.

22 PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM: STATE OF FLORIDA COUNTY OF PALM BEACH By: The foregoing instrument was acknowledged before me this day of, 20, by, as president of, a Florida corporation on behalf of the corporation. He/she is personally known to me or has produced as identification., Notary Public, Commission No., Name of Notary, typed, printed or stamped

23 EXHIBIT D SAMPLE AGREEMENT Port Of Palm Beach District Contract Between Owner And Contractor ( Services) [Use this form where (i) the Port has put the work out for bid or (ii) or the contract is exempt from bid) or (iii) the Port is Piggy-backing on a bid that was put out by another entity (State, City or County) and accepted by the issuing entity.[ This Contract (the "Contract"), is made and entered into as of this day of 2016 ( Effective Date ), by and between the PORT OF PALM BEACH DISTRICT, a political subdivision of the State of Florida, created under chapter 7082, Laws of Florida, 1915, and the various special acts that are supplementary and amendatory thereto, (the "Owner") and, a Florida corporation (the "Contractor"), whose address is, Florida. This is a non-exclusive contract, and Owner retains full rights to use any contractor it deems appropriate for the types of services provided for under this Contract. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree: Section 1 DOCUMENTS INCORPORATED BY REFERENCE This Contract includes the work ( Work ) described on EXHIBIT A, as described in the Port of Palm Beach District Invitation to Bid or Request for Bid for, dated. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of this Contract. The Contractor s Rate Schedule is attached hereto as SCHEDULE B. Section 2 TERM The term of this contract shall be for year(s) commencing, 201_. This contract shall be renewable for one additional year at the option of the Owner upon written notice given to Contractor prior to termination. Section 3 REPRESENTATIONS OF THE CONTRACTOR In order to induce the Owner to execute this Contract, Contractor hereby makes the following representations and warranties, each of which shall survive the execution and expiration or earlier termination of this Contract: a) The Contractor is fully qualified to perform the Work and has, and shall maintain, any and all licenses, permits or other authorizations necessary to perform same.

24 b) Contractor is duly authorized and fully empowered and has the legal capacity to execute, deliver and perform this Contract, and to consummate the transactions contemplated hereby, and this Contract is and shall be the valid and binding obligation of Contractor, enforceable against it in accordance with its terms. c) Neither the execution nor delivery of this Contract, nor the consummation of the transactions contemplated hereby, will conflict with, or result in, a breach or violation of the charter, articles of incorporation or bylaws of Contractor, as applicable, violate or conflict with any statute, law, rule or regulation or any order, writ, injunction or decree of any Court or governmental authority or require the consent, license, permission, action, or approval by or registration with or notice to any governmental authority or third party, other than as contemplated hereby, or violate or conflict with or constitute a default under (or give rise to any right of termination, cancellation or acceleration under the terms, conditions or provisions of) any contract, agreement, understanding, arrangement or restriction of any kind to which contractor is a party or by which Contractor may be bound. d) All Work shall strictly conform to the requirements of this Contract. e) The Work shall be properly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Contractor. Section 4 PRICE AND CONTRACT PAYMENTS a) The Owner shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the amounts set forth on SCHEDULE B ( Contractor s Rate Schedule ), if applicable, attached hereto, which amounts shall be billed monthly in the form of a Payment Request, based upon the Work Order (described in Section 5, which shall not be modified except by Change Order as provided in this Contract. b) Owner shall make payment in full, less any disputed amounts, to Contractor of the Contract Price, not later than thirty (30) days following submission of a Payment Request. c) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all Work for which the Payment Request is being submitted, and all Work for which Owner has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. Section 5 WORK ORDERS All Work to be performed shall be by separate work order ( Work Order ) signed by Owner. The Contractor shall perform, at its expense, all of the Work required, implied or reasonably inferable from the Work Order including, labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, permits required for repair, debris removal, and legal disposal, where applicable. The Contract Price for the Work Order may be determined by applying the Contractor s Rate Schedule, unless a fixed Contract Price is established in advance, based generally, on the Contractor s Rate Schedule. Where the Contract Price is fixed, it shall not be subject to modification except by Change Order. All Work Orders shall include a time for completion.

25 Section 6 CHANGE ORDERS a) One or more changes to the Work Order may be ordered by Change Order. The Contractor shall proceed with any such changes, and same shall be accomplished in strict accordance with the following terms and conditions: b) Change Order shall mean a written order to the Contractor executed by the Owner after execution of this Contract, directing a change in the work and may include a change in the Contract Price or the time for the Contractor's performance, or any combination thereof. Section 7 SWORN STATEMENT Section Paragraph (2) (a) proscribes bidding by a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime. The Sworn Statement under Florida Statutes Section (3)(a) attached hereto is a part of this contract. Section 8 GENERAL CONDITIONS The General Conditions attached hereto form a part of this Contract. Attachments Schedule A (Description of Work If contract comes from a Port Bid, use the description from the Bid; If the contract comes from a Piggy-Back, use the description of the Work in the Piggy Back; If contract comes from a no-bid scenario, use the description of the Work for which bids were requested) Schedule B (Contractor s Rate Schedule) Sworn Statement, per Section 7 General Conditions, per Section 8 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and date first set forth above, and acknowledges that they have received all of the above attachments. WITNESSES: OWNER: PORT OF PALM BEACH DISTRICT BY:, Chairman Printed Name of Witness: Printed Name of Witness:

26 CONTRACTOR, a BY:, (Title) Printed Name of Witness: Printed Name of Witness:

27 Section 1 CONTRACT EXHIBIT E Port of Palm Beach District General Conditions to Contract for Services OWNERSHIP OF THE DOCUMENTS WHICH MAKE UP THE The documents which make up this Contract, and each of them, as well as any other documents furnished by the Owner to Contractor, shall remain the property of the Owner. Section 2 INFORMATION AND MATERIAL SUPPLIED BY THE OWNER The Owner shall furnish, if appropriate, the legal description of the site of the Work, and any required survey, and the Owner shall obtain all required authorizations, approvals, easements, and the like, excluding permits and other permits or fees required of the Contractor by this Contract and permits and fees customarily the responsibility of the Contractor. Section 3 CEASE AND DESIST ORDER In the event the Contractor fails or refuses to perform the Work as required herein, the Owner may instruct the Contractor to cease and desist from performing further Work in whole or in part. Upon receipt of such instruction, the Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner's instructions has been corrected, no longer exists, or the Owner instructs that the work may resume. In the event the Owner issues such instructions to cease and desist, and in the further event that the Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of performing such Work by the Owner or another contractor. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the Contractor. Section 4 DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR a) In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner: b) All Work shall strictly conform to the requirements of this Contract. c) The Work shall be properly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Contractor. d) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first class results, that all materials and equipment provided shall be new, of high quality and free of defects, that the completed Work will be complete, of high quality,

28 without defects, and that all Work strictly complies with the requirements of this Contract. Any Work not strictly complying with the requirements of this Section 4d) shall constitute a breach of the Contractor's warranty. e) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor, and all others as required herein. The Contractor shall comply with all legal requirements applicable to the Work. f) The Contractor shall maintain the site of the Work in a reasonably clean condition during performance of the work. Upon Completion, the Contractor shall thoroughly clean the site of all debris, trash and excess materials or equipment. g) At all times relevant to this Contract, the Contractor shall permit the Owner to enter upon the site of the Work and to review or inspect the Work without formality or other procedure. Section 5 INDEMNITY a) Contractor agrees that it will indemnify and hold and save Owner harmless of, from and against (a) all fines, suits, loss, costs, liability, claims, demands, actions, and judgments of every kind and character by reason of any breach, violation or nonperformance by Contractor of any term, provision, covenant, agreement or conditions hereunder and (b) any claim, demand, actions, damages, loss, cost, liabilities, expenses and judgments suffered by, recovered from or asserted against Owner on account of injury or damage to perform or property to the extent that any such damage or injury arose from any act, omission, negligence or misconduct on the part of the Contractor, its agents, servants, employees, contractors, guests, licensees or invitees entering upon the site of the Work. The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damages, loss, cost and expenses of every type whatsoever including, without limitation, attorneys' fees and expenses, in connection with the Contractor's performance of this Contract, provided that such claims, liability, damage, loss, cost or expense is due to sickness, personal injury, disease or death, or to loss or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom, to the extent caused by the Contractor, or anyone for whose acts the Contractor may be liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the Owner. b) In the event Owner is threatened to be or is made party to any such litigation giving rise to the indemnification obligations of Contractor under this Section 5a), then the Contractor shall pay all applicable costs and expenses of Owner, including reasonable attorneys' fees and applicable costs incurred by or imposed upon Owner by virtue of such litigation or threat thereof, and such costs and expenses shall be a demand obligation of Contractor owed promptly to the Owner. The aforesaid costs and expenses of Owner shall bear interest at the rate of eighteen (18%) percent per annum, until paid for by Contractor. Section 6 CHANGE ORDERS a) Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the Owner and the Contractor as evidenced by i) the change in the Contract Price being set forth in the Change Order, (ii) such change in the Contract Price, together with any conditions or