Backup Documents 01/14/2025 Item #16C 4b (Electrical Engineering Enterprises Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management See attached
Insurance Coversheet
2. County Attorney's Office County Attorney Office ^� / •Q ai ass-
4. BCC Office Board of County
Commissioners Q54,7 /t5 /)ZZ/zc
4. Minutes and Records Clerk of Court's Office
C q
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Contact Information
Contact/Department Vanessa Diaz/Procurement 239-252-8947
Agenda Date Item was January14, 2025 Agenda Item Number 16.C.4.b
Approved by the BCC
Type of Document Number of Original
Attached Agreement Documents Attached 1
PO number or account 22-8056
number if document is N/A Electrical
to be recorded Electrical Engineering Engineering
Enterprises, Inc. Enterprises,Inc.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed VD
by the Office of the County Attorney.
4. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney's Office at the time the item is input into SIRE.
Some documents are time-sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on January 14,2025 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County (nj an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the gl- / an option for
Chairman's signature. �("` this line.
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MULTI-CONTRACTOR AWARD AGREEMENT
#22-8056
for
"High/Medium Voltage Electrical Services"
THIS AGREEMENT, made and entered into on this ly day of January 2025, by and
between Electrical Engineering Enterprises, Inc. , authorized to do
business in the State of Florida, whose business address is
5316 E Henry Avenue, Tampa, FL 33610 , (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or
"Owner"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing ❑D upon the date of Board approval; or (l on , and
terminating three ( 3 )year(s)from that date or until all outstanding ElPurchase
Order(s) ■❑ Work Order(s) issued prior to the expiration of the Agreement period have been
completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all of the terms and conditions contained in this Agreement for two ( 2 )additional
one ( 1 ) year(s) periods.The County shall give the Contractor written notice
of the County's intention to renew the Agreement term prior to the end of the Agreement term
then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all
of the terms and conditions contained in this Agreement for up to one hundred and eighty(180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance
of a *Purchase Order *Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms
and conditions of ❑ Request for Proposal (RFP) (1 Invitation to Bid (ITB) •
Other: Invitation for Qualifications ( IFQ ) # 22-8056
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement.
0 The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in
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compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the Contractor to order
any minimum or maximum amount. The County shall order items/services as required but
makes no guarantee as to the quantity, number, type or distribution of items/services that will
be ordered or required by this Agreement.
3.3 The procedure for obtaining Work under this Agreement is outlined in Exhibit A—
Scope of Services attached hereto.
❑ The procedure for obtaining Work under this Agreement is outlined in n Other
Exhibit/Attachment:
3.4 0 The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the Price
Methodology selected in 4.1.
4. THE AGREEMENT SUM.
❑ The County shall pay the Contractor for the performance of this Agreement based on
Exhibit B Fcc Schedule, attached hereto and thc price methodology as defined in Section
4.1. Payment will be made upon rcccipt of a proper invoice and upon approval by thc County's
Col rt1`a'ct--7° iiiiatrdtive Agent/Project Manager, and in compliance with Chapter 218, Fla.
❑■ The County shall pay the Contractor for the performance of this Agreement based on Work
performed pursuant to the quoted price offered by the Contractor in response to a specific
Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑■ Contractor's
quoted prices shall be based on Exhibit B-Fee Schedule. Payment will be made upon receipt
of a proper invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
❑ The County shall pay thc Contractor for the-performance of this Agreement an estimated
maximum amount of ($ ), per
Contractor in response to a specific Request for Quotations and thc Price Methodology as
dofinod in Section 4.1. ❑ Contractor's quoted prices shall be based on Exhibit B Fcc
,
Fla. Stats., otherwise-known as the "Local Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
O Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no hourly
or material invoices presented, rather, the contractor must perform to the satisfaction of the
County's project manager before payment for the fixed price contract is authorized.
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0■ Time and Materials: The County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus
the contractor's markup). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts
include back-up documentation of costs; invoices would include number of hours worked and
billing rate by position (and company (or subcontractor) timekeeping or payroll records),
material or equipment invoices, and other reimbursable documentation for the project.
0■ Unit Price: The County agrees to pay a firm total fixed price(inclusive of all costs, including
labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify
the unit price and the number of units received (no contractor inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient
funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of the Agreement. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall have
the right to conduct an audit of Contractor's books and records to verify the accuracy of the
Contractor's claim with respect to Contractor's costs associated with any Payment Application,
Change Order, or Work Directive Change.
Section 112.061 Fla. Ctats.
Rcimburscments shall be at the following rates:
Mileage. $0.44.5 per mile
Breakfast $6.00
tam* $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
Standard aizc vchicic3
Lodging Actual cost of lodging at single occupancy rato
with a cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Lirrreti3i•rrc" Actual coat of either taxi or airport limousine
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Reimbursable items other than travel expenses shall be limited to the following: telephone
to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of
Exemption # 85-8015966531C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name: Electrical Engineering Enterprises, Inc.
Address: 5316 E Henry Ave
Tampa, FL 33610
Authorized Agent: Christopher Steele
Attention Name & Title: President
Telephone: 813-740-9601
E-Mail(s): steelenelecteng.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed
to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Robert VonHolle
Division Name: Wastewater Collections
Address: 6027 Shirley Street
Naples, FL 34109
Administrative Agent/PM: Donna Deeter
Telephone: 239-252-2622
E-Mail(s): Donna.DeeterAcolliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent
of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County will
not be obligated to pay for any permits obtained by Subcontractors.
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Payment for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured and paid
for by the Contractor. The Contractor shall also be solely responsible for payment of any and
all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules,
regulations and laws of Collier County, the State of Florida, or the U. S. Government now in
force or hereafter adopted. The Contractor agrees to comply with all laws governing the
responsibility of an employer with respect to persons employed by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or
for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the Agreement of the Contractor. Should
the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Contractor further
agrees not to commence operation during the suspension period until the violation has been
corrected to the satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against the
County, including, but not limited to, any damages or any anticipated profit on portions of the
services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin or any other class protected by federal or Florida law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ❑■ Commercial General Liability: Coverage shall have minimum limits of
$2,000,000 Per Occurrence, $3,000,000 aggregate for Bodily Injury Liability and
Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project.
This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. • Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Li Workers' Compensation: Insurance covering all employees meeting Statutory Limits
in compliance with the applicable state and federal laws.
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The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for
each accident.
D. ❑ Professional Liabilit rt: Chall be maintained by the Contractor to ensure its legal liability
Contractor waives its right of recovery against County as to any claims undcr this insurance.
Such insurance shall have limit3 of not Ic33 than $ each claim and aggregate.
C. ❑ Qyber Liabilitvj Coverage shall have minimum limits of$ per claim.
E. n . Coverage Shall have
G. n : Coverage shall have
minimum limits of$ per claim/occurrence.
I I. ❑ : Coverage shall have
minimum limits of$ per claim/occurrence.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the
Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for
Commercial General Liability where required. This insurance shall be primary and non-
contributory with respect to any other insurance maintained by, or available for the benefit of,
the Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall
be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under
the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior
written notice, or in accordance with policy provisions. Contractor shall also notify County, in a
like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverage or limits received by Contractor from
its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide
notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by
Contractor, any statutory or regulatory violations, or from personal injury, property damage,
direct or consequential damages, or economic loss, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or
utilized by the Contractor in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph.
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This section does not pertain to any incident arising from the sole negligence of Collier County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Wastewater Collections Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, ❑■ Exhibit B
Fee Schedule, n RI-f/ n [FIT. Other IFQ - Invitation for Qualifications
#22-8056 , including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent
quotes and corresponding contract documents, Exhibit B-1 Public Payment Bond, ■❑ Exhibit
B-2 Public Performance Bond, ❑■ Exhibit C Release and Affidavit Form, ❑■ Exhibit D-1
Application for Payment Form, ■❑ Exhibit D-2 Schedule of Values Form ❑I Exhibit D-3 Stored
Materials Record Form ■❑ Exhibit D-4 Cash Flow Projection Form ❑■ Exhibit E-1 Change Order
❑■ Exhibit E-2 Work Directive ❑■ Exhibit F-1 Certificate of Substantial Completion UI Exhibit
F-2 Certificate of Final Completion ■❑ Exhibit F-3 Punch List Form ❑■ Exhibit G-1 Final
Payment Checklist ❑■ Exhibit G-2 - Warranty, and ❑■ Other Exhibit H/Attachment:
FEMA Provisions
17. APPLICABILITY. Only the sections corresponding to any checked box ( ) will apply to this
Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a.
Prohibition by the individual, firm, and/or any employee of the firm from contact with County
staff for a specified period of time; b. Prohibition by the individual and/or firm from doing
business with the County for a specified period of time, including but not limited to: submitting
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bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the
individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor
is formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations
and requirements applicable to this Agreement, including but not limited to those dealing with
the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended, as well as the requirements set forth
in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety
including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the
Florida Public Records Law Chapter 119, if applicable, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestAcoliiercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency 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
this chapter 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 contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public
records to the public agency upon completion of the contract, 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 contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems
of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
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shall constitute a breach of this Agreement and the County shall have the discretion to
unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful Contractor extending the pricing, terms and conditions of this
solicitation or resultant Agreement to other governmental entities at the discretion of the
successful Contractor.
22. • BONDS.
A. When a construction project is in excess of$200,000, the Contractor(s) shall be required
to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment by
the Contractor to any other party(ies) providing labor and/or materials in connection with
each construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "B-1" and Exhibit "B-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, terminates or it ceases to meet
the requirements imposed by the Contract Documents, the Contractor shall, within five
(5) calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
23. ❑■ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation/Scope of Work. Substantial Completion" shall mean the status of completion of the
Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of
Substantial Completion, is complete in accordance with the Contract Documents, except for
minor outstanding items listed on the Exhibit F-3 Punch List. Substantial Completion includes,
but is not limited to, the following occurring: (1)the Work can be safely utilized for the purposes
for which it was intended; (2) all regulatory agency requirements are satisfied, including
occupancy permits, operating certificates and similar releases, (3) all operational testing has
successfully occurred; (4) all required training has successfully occurred; (5) all close-out
documents (such as as-built drawings, certifications, warranties, guaranties, test reports, test
logs, operational manuals, etc.) have been provided by the Contractor and accepted by the
Owner, and permit acceptance by permitting agencies, if applicable, Exhibit F-1.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of
Work for each calendar day thereafter until substantial completion is achieved.
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The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
The Work shall reach Final Completion and be ready for final acceptance by Owner as
established in the Request for Quotation. Final Completion shall occur when the Agreement
is completed in its entirety, is accepted by the Owner as complete and is so stated by the
Owner as completed. Final Acceptance shall mean acceptance of the Work by the Owner as
evidenced by the signature of the Project Manager or Design Professional upon the Certificate
of Final Completion Form Exhibit F-2. Final Acceptance shall be deemed to have taken place
only if and when such signature is affixed to such certificate. The Certificate of Final
Completion shall be signed only after the Project Manager has assurance by tests, inspection,
or otherwise that all of the provisions of the Contract Documents have been carried out,
including completion of the Punch List form, Exhibit F-3.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday. For all contracts, the Owner will count default
days in calendar days.
24. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may request to receive Progress Payments.
Subsequent to the first payment, Contractor must provide Owner with a fully executed Release
and Affidavit in the form attached hereto as Exhibit C as a condition precedent to release of
each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit D-1. The
process for submitting applications for Progress Payments is set forth below:
24.1 Progress Payments: At least ten (10) days prior to submitting a monthly Application for
Payment, the Contractor shall submit to the Project Manager a final schedule of values and
"cash flow projection" that establishes the projected date for the construction/installation for all
activities of the Work shown on the accepted schedule, including quantities and unit prices
totaling to the Contract Price. The Schedule of Values shall be satisfactory in form and
substance to the Project Manager and shall subdivide the Work into component parts in
sufficient detail to serve as the basis for measuring quantities in place and calculating amounts
for the Contractor's monthly progress payments during construction. Further, it shall include
the list of its Subcontractors and materialmen submitted with its Bid showing the work and
materials involved and the dollar amount of each subcontract and purchase order. Contractor
acknowledges and agrees that any modifications to the list of Subcontractors submitted with
Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval.
Unsupported or unreasonable allocation of the Contract Price to any one activity shall be
justification for rejection of the Schedule of Values Exhibit D-2. The Contractor shall not submit
an unbalanced schedule of values which provides for overpayment to the Contractor on
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activities that would be performed first. The schedule of values shall be revised and
resubmitted until acceptable to the Project Manager. Once the schedule has been accepted
by the Project Manager, the Owner reserves the right (at its option)throughout the Contract to
require that the Contractor honor a particular price contained in the schedule of values, if the
activity pertaining to it is being deleted or modified. Upon approval of the schedule of values
by the Project Manager, it shall be incorporated into the form of Application for Payment
attached to the Agreement as Exhibit D-1 and shall be used as the basis for the Contractor's
monthly Applications for Payment. The schedule shall be updated and submitted each month
along with a completed copy of the Application for Payment form signed by the Contractor's
authorized representative.
24.2 The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date, and monthly thereafter, but not more often than once a month
or prior to substantial completion being met. Notwithstanding anything herein to the contrary,
if approved by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium paid
by Contractor for the bonds.
24.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or equipment
that have not been incorporated into the Project. If payment is requested on the basis of
materials and equipment not incorporated into the Project, but delivered and suitably stored at
the site or at another location agreed to by the Owner in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other documentation warranting that the
Owner has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment are
covered by appropriate property insurance and other arrangements to protect Owner's interest
therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each
Application for Payment, Contractor also shall complete and submit to Owner as part of its
Application for Payment, the Stored Materials Record form attached hereto and made a part
hereof as Exhibit D-3.
24.4 The cash flow projection shall be a fixed monthly projection of the value of Work in
place. If the actual cash flow (represented by the Application for Payment) for any month is
less than eighty-five percent (85%) of the projected amount for that month (as established by
the Contractor in the cash flow projection form it submits), then the Contractor may be barred
from bidding other County projects until the value of Work in place is corrected and within
ninety-five (95%) of the projected value. (See attached Exhibit D-4, Cash Flow Projection
form).
24.5 Contractor shall submit its monthly Application for Payment to the Project Manager or
his or her designee, as directed by Owner (which designee may include the Design
Professional). Within twenty(20) business days after the date of each Application for Payment
is stamped as received, and within the timeframes set forth in Section 218.735 F.S., the Project
Manager, or Design Professional, shall either: (1) Indicate its approval of the requested
payment; (2) indicate its approval of only a portion of the requested payment, stating in writing
its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in
writing, the reason for refusing to approve payment. Payments of proper invoices shall be
processed in accordance with Section 218.735, F.S. and the terms of the Contract Documents.
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24.6 In the event of a total denial by Owner and return of the Application for Payment by
the Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the Application
for Payment is stamped and received and after Project Manager approval of an Application for
Payment, pay the Contractor the amounts so approved.
24.7 Owner shall withhold retainage on the gross amount of each monthly progress
payment in the amount of five percent(5%), as permitted by Section 255.078, Florida Statutes.
The foregoing does not prohibit Owner from withholding retainage at a rate less than five
percent (5%) of each monthly progress payment as otherwise allowable under Section
255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in
Section 255.078, Florida Statutes shall be at the sole discretion of the Owner. Such retainage
shall be accumulated and not released to Contractor until final payment is due unless otherwise
agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on
retainage shall accrue to the benefit of the Owner.
24.8 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
24.9 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging
Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are
then due and payable by Owner with respect to the current Application for Payment. Further,
to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form
attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor, or supplier
has been paid in full through the previous month's Application for Payment. The Owner shall
not be required to make payment until and unless these affidavits are furnished by Contractor.
24.10 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals based
on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first
monthly Application for Payment, Contractor shall prepare and submit for Project Manager's
review and approval, a detailed Cash Flow Projection, which shall be updated as necessary
and approved by Owner to reflect approved adjustments to the Contract Amount and Contract
Time. No voluntary acceleration or early completion of the Work shall modify the time of
payments to Contractor as set forth in Exhibit D-4, Cash Flow Projection.
24.11 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work required of it
under this Agreement pending resolution of the dispute provided that Owner continues to pay
Contractor all amounts that Owner does not dispute are due and payable.
24.12 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline
period is subject to non-payment under the legal doctrine of "laches" as untimely submitted.
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Time shall be deemed of the essence with respect to the timely submission of invoices under
this agreement.
24.13 The Owner may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract. The Owner
may not accept any additional surcharges (credit card transaction fees) as a result of using the
Owner's credit card for transactions relating to this agreement.
25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections that reveal non-compliance with
the Contract Documents. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due to Contractor
under this Agreement or any other Agreement between Owner and Contractor, to such extent
as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective
Work not remedied; (b) third party claims failed or reasonable evidence indicating probable
fling of such claims; (c)failure of Contractor to make payment properly to subcontractors or for
labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be
completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents by the Contractor.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other Agreement between
Contractor and Owner. In instances where the Contractor may owe debts (including, but not
limited to taxes or other fees) to Collier County and the Contractor has not satisfied nor made
arrangement to satisfy these debts, the County reserves the right to off-set the amount owed
to the County by applying the amount owed to the Contractor for services performed or for
materials delivered in association with a contract.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up
the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the
Company and any business, corporation, partnership, limited liability company or other entity
in which the Company or a Parent or a Subsidiary of the Company holds any ownership
interest, directly or indirectly.
26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance. No substitute will be ordered,
installed or utilized without the Project Manager's prior written acceptance which shall be
evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager
will record time required by the Project Manager and the Project Manager's consultants in
evaluating substitutions proposed by Contractor and making changes in the Contract
Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute,
Contractor shall reimburse Owner for the charges of the Design Professional and the Design
Professional's consultants for evaluating each proposed substitute. Contractor shall submit all
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such materials at its own expense and in such form as required by the Contract Documents in
sufficient time to prevent any delay in the delivery of such materials and the installation thereof.
27. ❑� CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the
Work as a result of unforeseeable causes beyond the control of Contractor, and not due
to its fault or neglect, including but not restricted to acts of Nature or of the public enemy,
acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts,
Contractor shall notify the Owner in writing within forty-eight (48) hours after the
commencement of such delay, stating the cause or causes thereof, or be deemed to
have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement
or progress of the Work from any cause whatever, including those for which Owner may
be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give
rise to any right to damages or additional compensation from Owner. Contractor
expressly acknowledges and agrees that it shall receive no damages for delay.
Contractor's sole remedy, if any, against Owner will be the right to seek an extension to
the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims
based on late completion.
28. ❑■ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of
the Work to increase or decrease the Work. Promptly after being notified of a change,
Contractor shall submit an itemized estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property, or
as expressly set forth herein, no addition or changes to the Work shall be made except upon
written order of Owner in the form of a Work Directive, Exhibit E-2, and Owner shall not be
liable to the Contractor for any increased compensation without such written order. No officer,
employee or agent of Owner is authorized to direct any extra or changed work orally. Any
alleged changes must be approved by Owner in writing prior to starting such items. Owner will
not be responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be deemed:
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that
such items are in fact not a change but rather are part of the Work required of Contractor
hereunder.
A Change Order in the form attached as Exhibit "E-1" to this Agreement, shall be issued and
executed promptly after an Agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
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executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change Order in the manner as Owner and Contractor shall mutually agree.
29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean.
30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate
or otherwise objectionable and whose continued employment on Collier County projects is not
in the best interest of the County.
31. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances,
rules or regulations of any public authority having jurisdiction over the Project requires any
portion of the Work to be specifically inspected, tested or approved, Contractor shall assume
full responsibility therefore, pay all costs in connection therewith and furnish to the County the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the County.
32. 0 PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for
whom Contractor is legally liable is responsible for any loss or damage to the Work, or
other work or materials of the County or County's separate contractors, Contractor shall
be charged with the same, and any monies necessary to replace such loss or damage
shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the
County. The County shall re-establish the benchmarks and Contractor shall be liable for
all costs incurred by the County associated therewith.
33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
34. ❑� COMPLETION.
Substantial Completion and Development of the Punch List
34.1 Substantial Completion is as defined in this Agreement. When the Contractor believes
Substantial Completion has been achieved, it shall certify in writing to the Project Manager
that the Project is Substantially Complete in accordance with the Contract Documents and
request the Project Manager to inspect the Work and to issue a Certificate of Substantial
Completion. Prior to making such a request the Contractor must:
a) Complete all Work necessary for the safe, proper and complete use or operation of the
Project as intended, including: all regulatory agency requirements are satisfied, including
occupancy permits; operating certificates and similar releases; all operational testing has
successfully occurred; all required training has successfully occurred; all close-out
documents (such as as-built drawings, certifications, warranties, guaranties, test reports
test logs, operational manuals, etc.) have been provided by Contractor and accepted by
Owner.
b) Prepare a Contractor-generated punch list (i.e., a list of all items required to render the
Project complete, satisfactory, and acceptable, for submission with the request for
inspection and issuance of a certificate of Substantial Completion), which shall include
and list separately the estimated cost to complete each remaining unfinished item
included on the list with an explanation as to the basis for those costs, substantiated by
the Schedule of Values, subject to the Owner's final review and approval as stated below.
c) Upon receipt of the request from the Contractor, the Project Manager, assisted by the
Professional, if any, and other Owner personnel, as appropriate, shall review the request,
the Work and the Contractor-generated Punch List to determine whether the Work is
ready for Substantial Completion inspection. If this review fails to support Substantial
Completion inspection, the Project Manager shall so notify the Contractor citing the
reasons for rejection. If the Project Manager and Professional (if any)determine the Work
is ready for Substantial Completion inspection, the following procedures will be followed:
1. The Project Manager will, within a reasonable time, schedule and conduct
inspection(s) of the Work with the Professional (if any), other Owner personnel as
required, and the Contractor for the purpose of formally reviewing the status of
completion of the Work, the readiness of the Project for use and the Contractor-
generated punch list. A copy of the Contractor-generated punch list will be
provided to all participants and any additional items noted during the inspection
will be added to the list. The Project Manager, the Professional, their
representatives and other Owner representatives will review the Work and the
Contractor-generated punch list to assure all deficiencies are noted on a final
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document (Exhibit F-3 Punch List Form). The Punch List must include all items
required to render the Project complete, satisfactory and acceptable. If Project
Manager and Contractor disagree on whether an item belongs on the Punch List,
the Project Manager has the final say on whether the item is included or not. The
Punch List shall be finalized and issued to the Contractor by the Owner within the
time frames indicated below.
2. If upon completion of the inspection(s) the Owner does not consider the Project
Substantially Complete, the Project Manager will notify the Contractor in writing
giving reasons why the Project is not Substantially Complete.
3. If, upon completion of the inspection(s), the Owner considers the Project
Substantially Complete, the Project Manager shall prepare a Certificate of
Substantial Completion to establish the date for Substantial Completion as the date
of the completed inspection(s). The Certificate of Substantial Completion shall be
approved by the Owner upon the signature of both the Project Manager and the
Professional and shall be issued to the Contractor. The Certificate shall fix the
date of Substantial Completion.
4. Substantial Completion cannot occur until all conditions necessary for safe and
proper use, occupancy, maintenance, and operations are in place.
34.2 Time Frames for Issuance of the Punch List
(a) The Owner shall issue the Punch List to the Contractor within the time frames
described below, provided that the Contractor has completed its obligations in
providing a proper contractor-generated punch list prior to the Substantial Completion
inspection.
(b) For construction estimated to cost less than ten million dollars ($10,000,000.00), the
Punch List must be finalized within thirty (30) Days after the Substantial Completion
date.
(c) For construction projects involving more than one building or structure or multiple
phases, the Punch List must be prepared for each building, structure or phase within
thirty (30) Days of the Substantial Completion date of a particular building, structure
or phase if it is estimated to cost less than ten million dollars ($10,000,000.00)or within
forty-five (45) Days if it is estimated to cost more than ten million dollars
($10,000,000.00).
(d) If the development of the Punch List takes the full amount of time designated (or a
portion thereof) and includes a tentative punch-list based upon the above dollar
amount thresholds, the delivery of the Punch List of items shall be delivered by the
Owner no later than five (5) business days thereafter. Within twenty (20) business
days after the delivery of the Punch List to the Contractor, the Owner must pay the
Contractor the remaining contract balance owed, that includes all retainage previously
withheld by Owner less an amount equal to 150 percent (150%) of the estimated cost
to complete the items on the Punch List. At the same time the Owner delivers the
Punch List Contractor shall submit a payment application requesting that Owner pay
the Contractor the remaining contract balance owed, including all retainage previously
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held by Owner less an amount equal to 150 percent (150%) of the estimated cost to
complete the items on the Punch List.
(e) The failure to include any corrective work or pending items not yet completed on the
Punch List does not alter the responsibility of Contractor to complete all the
construction services purchased pursuant to the Contract Documents.
(f) Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portion thereof) after the date of Substantial Completion, but Owner shall
allow Contractor reasonable access to complete or correct items on the Punch List.
The Project Manager, shall coordinate with the Contractor the return of any surplus
assets, including materials, supplies, and equipment.
34.3 Completion of Punch List Work and Release of Remaining Contract Balance
(a) Upon completion of the Punch List Work, the Contractor shall certify in writing to the
Project Manager that all Punch List Work has been completed in accordance with the
Contract Documents and request the Project Manager to inspect the Work and to
approve Punch List completion. If, in the Project Manager's opinion, the Work is not
ready for such inspection, the Project Manager will so inform the Contractor, giving
reasons for such opinion. If the Project Manager is satisfied that an inspection is
warranted, the Project Manager will, within a reasonable time, schedule and conduct
inspection(s) of the facility with representatives of the Owner's user department, the
Professional (if any), and the Contractor, for the purpose of formally reviewing the
completion of Punch List Work. If the Project Manager and the Contractor disagree
on whether an item remains incomplete, the Project Manager has the final say on
whether the item is complete or not.
(b) If, upon completion of the inspection(s) the Owner does not consider the Punch List
Work complete, the Project Manager will notify the Contractor in writing giving specific
reasons why the Punch List Work is not complete.
(c) Upon completion of all items on the Punch List, the Contractor may submit a Payment
Request for the remaining amount withheld by the Owner. If a good-faith dispute
exists as to whether one or more items identified on the list have been completed
pursuant to the Contract Documents, the Owner may continue to withhold an amount
not to exceed one hundred and fifty percent(150%) of the total costs to complete such
items. This remaining balance of retainage may be requested by the Contractor in its
Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit
F-2 Certificate of Final Completion).
(d) All items that require correction under the Contract Documents and that are identified
after the preparation and delivery of the Punch List shall remain the obligation of the
Contractor.
(e) Warranty Items may not affect the final payment of retainage pursuant to Section
218.735(7)(f), Florida Statutes.
(f) If the Owner fails to comply with its responsibilities to assist in developing the Punch
List within the time frame applicable to the Project (as described above), the
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Contractor may submit a request for all remaining retainage withheld by the Owner.
The Owner need not pay or process any payment request for retainage if Contractor
has, in whole or part, failed to cooperate with the Owner in development of the Punch
List or failed to perform its contractual responsibilities with regard to development of
the Punch List. Additionally, the Owner does not have to pay or release any amounts
that are the subject of a good-faith dispute, the subject of a claim brought pursuant to
Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the
Owner or Contractor.
34.4 Final Completion
(a) Upon written notice from the Contractor that the Project is complete, the Project
Manager shall schedule a final inspection with the Contractor, the Design
Professional, and any other personnel requested by the Project Manager. The Project
Manager shall notify the Contractor in writing of any Work this inspection reveals to be
defective, or otherwise not in accordance with the Contract Documents. The
Contractor shall immediately take such action as may be necessary to remedy such
defects and bring the Project into full compliance with the Contract Documents and
then request another inspection.
(b) Final Completion of the Work shall be achieved by the Contractor when all the Work
required under the Contract Documents has been satisfactorily completed, including
all Punch List work, and specifically as noted in the Specifications section.
(c) After the Project Manager has determined that all Work has been completed, the
Project Manager will issue a Certificate of Final Completion Exhibit F-2 for the Work.
34.5 Application for Final Payment
After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the
Project Manager, the Contractor may make Application for Final Payment following the
procedure for progress payments. As an explicit condition precedent to the accrual of
Contractor's right to final payment, Contractor shall have furnished Owner with a properly
executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well
as a duly executed copy of the Surety's consent to final payment and such other
documentation that may be required by the Contract Documents, including but not limited to:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the Final Payment Check list, Exhibit G-1.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of the
Contract Documents, to the extent and in such form as may be designated by
Owner.
Prior to release of final payment and final retainage, the Contractor's Representative and the
Project Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G-1.
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34.6 Approval of Final Payment
(a) If, on the basis of the Project Manager's observations and review of Work during
Construction, final inspection, and review of the Application for Final Payment (all as required
by the Contract Documents), the Project Manager is satisfied that the Work has been
completed and the Contractor has fulfilled all of its obligations under the Contract Documents,
the Project Manager will, within ten (10) days after receipt of the Application for Final
Payment, indicate in writing that the entire remaining balance is found to be due and payable
to the Contractor and approve payment. Otherwise, the Project Manager will return the
Application to the Contractor, indicating in writing the reason for refusing to approve for final
payment, in which case the Contractor will make the necessary corrections and resubmit the
Application. Owner reserves the right to inspect the Work and make an independent
determination as to the Work's acceptability, even though the Design Professional may have
issued its recommendations.
(b) Contractor's acceptance of Final Payment shall constitute a full waiver of any and all
claims by Contractor against Owner arising out of this Agreement or otherwise relating to the
Project, except those previously made in writing in accordance with the requirements of the
Contract Documents and identified by Contractor as unsettled in its final Application for
Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be
a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery
of damages for defective Work not discovered by the Design Professional or Project Manager
at the time of final inspection.
The Contractor's obligation to perform the Work and complete the Project in accordance with
the Contract Documents shall be absolute. Neither approval of any progress or final payment,
the issuance of a Certificate of Substantial Completion, any payment by the Owner to the
Contractor under the Contract Documents, any use or occupancy of the Project or any part
thereof by the Owner, the issuance of a Final Completion, any act of acceptance by the
Owner, any failure to do so, nor any correction of defective Work by the Owner shall constitute
an acceptance of Work not in accordance with the Contract Documents.
36. ❑■ WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or material men supplying materials,
equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that
any materials and equipment furnished under the Contract Documents shall be new unless
otherwise specified. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after substantial completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
Page 20 of 41
Multi-Contractor Award 2024 ver.1
written notice from the County. Contractor shall also be responsible for and pay for
replacement or repair of adjacent materials or Work which may be damaged as a result of such
replacement or repair. Further, in the event of an emergency, Owner may commence to correct
any defective Work, without prior notice to Contractor, at Contractor's expense. These
warranties are in addition to those implied warranties to which the County is entitled as a matter
of law.
No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify
compliance with the requirements of the Agreement. The Contractor's Representative shall be
present at the time of inspection and shall take remedial actions to correct any deficiencies
noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be
grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner,
in addition to any other rights and remedies available to Owner.
37. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in
effect.
38. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
39. DISPUTE RESOLUTION.
A. All disputes arising under or relating to this Agreement shall be resolved in accordance
with this Section, except for disputes related to payment matters and payment disputes
upon submission of pay applications, which shall be addressed and resolved in
accordance with Collier County Ordinance No. 2017-08, as amended, and governed by
the time to commence and conclude payment dispute proceedings set forth in Section
218.76(2)(a), Fla. Stat.
B. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
40. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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Multi-Contractor Award 2024 ver.1
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41. T KEY PERSONNEL. The Contractor's personnel and management to be LrtiliLed for this
perform investigations as may be deemed necessary to ensure that competent persons will be
as many people as
available for an amount of time adequate to meet the required service dates. The Contractor
the County is notified in writing as far in advance as possible. The Contractor shall make
commorcially rcaasonablo efforts to notify Collier County within seven (7) days of the change.
The County retains final approval of proposed replacement personnel.
❑■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for
this Agreement shall be knowledgeable in their areas of expertise. The County reserves the
right to perform investigations as may be deemed necessary to ensure that competent persons
will be utilized in the performance of the Agreement. The Contractor shall assign as many
people as necessary to complete required services on a timely basis, and each person
assigned shall be available for an amount of time adequate to meet required services.
42. E ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
r's-Proposal, and/or the
County'a Board approved Executive Summary, the Contract Documents shall take
precedence.
0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at County's discretion.
43. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor does,
with approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities that
Contractor has assumed toward the County.
44. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the costs
of providing background checks by the Collier County Facilities Management Division for all
employees that shall provide services to the County under this Agreement. This may include,
but not be limited to, checking federal, state and local law enforcement records, including a
state and FBI fingerprint check, credit reports, education, residence and employment
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verifications and other related records. Contractor shall be required to maintain records on
each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check
is valid, as discussed below. All technicians shall have on their shirts the name of the
contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via
e-mail (DL-FMOPS(a�colliercountyfl.gov) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued security
of Collier County facilities and systems. Failure to notify within four(4) hours of separation may
result in a deduction of$500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If there
are additional fees for this process, the Contractor is responsible for all costs.
45. ❑U SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
division/department and/or Contractor. All applicable OSHA inspection criteria apply as well
as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as the
owner of the property where the project is taking place shall be the only entity allowed to refuse
access to the project. However, this decision shall only be made by Collier County's Risk
Management Division Safety Manager and/or Safety Engineer.
(Intentionally left blank-signature page to follow)
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IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk,of the Circuit
j.
Court and Corptrol - .
'.:: j / .../ ), f
,044%,...".441.40--.
Dated: it,/,, i/k - af. _202, Burt L. Saunders, Chairman
( {'.EAL , ;E' .....• J-;
'ttest`as to Chairman's
L., signature only Electrical Engineering Enterprises, Inc.
Contractor
By. -/"'44 i. A. . Th
Contractor's Witnesses:
Contractor's First Witness Signature Chi•Istopple,- A. $t€e/r Prrsedeny.
r TType/print signature and title'
71:-.6Vdr d
TType/pri itn s n T
C is Second Witness Signature
r f1 Cq lee l Jo
TType/print witness nameT
proved to F r and Legalility:
County Attorney
Print Nam
Pagc 24 of 41
Multi-Contractor Award 2024 _ver.I
1 6 C4
Exhibit A
Scope of Services
El following this page (pages 1 through 7 )
❑ this exhibit is not applicable
Page 25 of 41
Multi-Contractor Award 2024 ver.I
1 6 C4
ITB # 22-8056
"High/Medium Voltage Electrical Services"
Exhibit A
Scope of Services
This Agreement is awarded to multiple Contractors to provide high/medium voltage services,including on-call urgent
services,regardless of location,for a wide range of projects as may be requested by the County.
The table below contains examples of the present facilities that will require industrial electrical services.Florida Power
and Light is currently the predominant electrical supplier for the County,with a limited area in the growing Northeast
serviced by Lee County Electric Cooperative,Inc.This list is not all-inclusive and is provided for reference only.
Example Plant Facilities Table
Max Fault
Description Protection Voltage/Phase
(amp)
Irrigation Quality Pump Stations 2000 480/3
Wastewater Pump Stations 2000 480/3
North County Water Reclamation Facility 4000 480/3
South County Water Reclamation Facility 4000 480/3
Golden Gate Water Reclamation Facility 2000 480/3
Orange Tree Waste Reclamation Facility 2000 480/3
Northeast Waste Reclamation Facility 2000 480/3
Northeast Water Plant 600 13,200/3
North Water Plant 1000 13,200/3
South Water Plant 800 13,200/3
Water Pump Stations 2000 480/ 3
Section A.Services and Minimum Qualifications
Services and Contractor qualifications shall include,but not be limited to,the following:
1. Power Distribution Maintenance
a. The Contractor must have knowledge,skills,and the ability to construct,maintain,diagnose,and repair
industrial plant electrical power components.
b. These components and equipment will include but shall not be limited to: High and Medium Voltage
(4160V — 13.2 kV) — delta or wye systems, transformers, switching gear, motor starters and panels,
protective devices,and many other similar devices.
2. Inspections and Testing
a. The Contractor must have the experience to identify and communicate to the appropriate County staff any
issues that could cause a disruption in the function of the equipment when performing inspections and
tests.
b. The Contractor must have the knowledge and experience to perform the proper inspections and tests that
will ensure the County equipment functions properly and complies with all electrical codes and standards.
c. The Contractor shall place a label on all devices tested with the date of the test, company name, and
results.
3. Troubleshooting&Diagnostic Testing
a. The Contractor must have the experience to complete diagnostic testing that shall include but is not limited
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to power monitoring,harmonic analysis, short circuit studies, grounding studies, insulation testing, and
fault analysis.
b. The Contractor must be capable of quick and efficient troubleshooting electrical problems when a
component fails to work due to a loss of power.
4. Maintenance and Repair •
a. The Contractor must have the experience and ability to complete preventative,predictive,and corrective
electrical maintenance on equipment ranging in voltage from 480V to 13.2 kV.
5. Rehabilitation of systems and equipment
a. The Contractor must have experience in successful rehabilitation projects as they relate to this Scope of
Work. The Contractor must have the ability and resources to complete rehabilitation projects on time and
within budget.
6. Other Testing&Inspections
a. The Contractor may be required to provide,either directly or through the use of a subcontractor,inspection
and testing services by a certified representative on an as-needed basis,such as:
• Pad Mounted Transformer Oil Testing — The Contractor shall draw oil from all oil-filled
transformers for ASTM Oil Transformer Analysis. These annual tests show any changes and help
prevent unanticipated failures by allowing planning for replacements. The quote shall be per
transformer and shall include labor, testing, and reports. The reports shall include historical data for
graphing purposes.
• Medium Voltage Vacuum Breaker Inspection and Testing—The following inspection and testing
shall be completed by the Contractor after the County has performed all switching and protective device
settings. The Contractor shall provide to the County two(2)copies of a report,including test results to
verify the condition of the equipment and recommendations for actions to be taken for each piece of
equipment. These inspections and testing shall follow the National Fire Protection Association's
(NFPA)70B—Electrical Equipment Maintenance and the International Electrical Testing Association
—Maintenance Testing Specifications.
• Visual and Mechanical Inspection
• Verify documentation of equipment nameplate data.
• Inspect for physical damage.
• Clean and lubricate the operating mechanism.
• Vacuum the enclosure and clean the busbars
• Inspect the breaker for cell alignment,anchorage,and grounding.
• Verify the operating mechanism for alignment and clearances.
• Inspect the contact wear and measurement of critical distances, such as the contact gap, in
accordance with the manufacturer's recommendations.
• Electrical Tests
• Measure the contact resistance.
• Trip the circuit breaker by operating the protective device.
• Close and trip the breaker with the local control switch and verify trip, close,trip-free, and anti-
pump functions.
• Test the insulation resistance phase to ground,phase to phase,and across open contacts.
• Test the vacuum bottle integrity on each phase in accordance with the manufacturer's
recommendations.
• Test the insulation resistance. (This test shall not be performed on control wiring connected to
solid-state devices).
• Test minimum pickup voltage on the trip and close coils.
• Equipment
• Breakers will range from 480V up to 13.2kV
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■ Protective Relays Inspection&Testing for Medium Voltage—The following inspections and testing
shall be completed by the Contractor after the County has performed all switching and protective device
settings. The Contractor shall provide to the County two(2)copies of a report, including test results to
verify the condition of the equipment and recommendations for actions to be taken for each piece of
equipment. These inspections and testing shall follow the NFPA 70B — Electrical Equipment
Maintenance and the International Electrical Testing Associations—Maintenance Testing Specifications.
• Visual and Mechanical Inspection
• Verify documentation of equipment nameplate data.
• Inspect for physical damage.
• Inspect for the presence of foreign material, moisture, corrosion, condition of spiral spring, and
disc clearance on the electromechanical relays.
• Verify the tightness of case connections.
• Inspect the gasket for the correct gasket seal.
• Inspect shoring hardware,connection paddles,and/or knife switches.
• Remove any foreign material from the case.
• Verify target reset.
• Clean cover glass and relay components as required.
• Verify the freedom of movement, proper travel, alignment on electro-mechanical relays, and
tightness of mounting hardware and tap screws.
• Inspect bearing and/or pivots.
• Burnish contacts.
• Set relays in accordance with County requirements.
• Electrical Tests
• Test the pickup parameters on each operating element.
• Test the timing at three(3)points on-time characteristic curve.
• Test the pickup target and seal-in units,as applicable.
• Test the insulation resistance on each circuit branch to frame on only electro-mechanical relays.
• Verify that each of the relay contacts operates its associated device only if permitted by Plant
Operators.
• Grounding&Ground Resistance Testing-As required,the Contractor shall provide ground resistance
testing using the"Fall-Of-Potential" method and any other ground resistance testing requested by the
County because of environmental deterioration such as lightning and corrosion damage, low water
tables,and/or additions and improvements to the electrical systems to verify the ground sufficiency and
meeting the required codes. The Contractor shall provide to the County two (2) copies of a report,
including test results to verify the condition of the equipment and recommendations for actions to be
taken for each piece of equipment.The quantity and type of gear may change as a result of upgrades
to the facility.
7. Thermography Inspections
a. The Contractor may be required to provide, either directly or through a subcontractor, Thermography
Inspections of the electrical distribution system,identifying equipment and connections operating above
"normal" temperatures. "Normal" operating temperatures are defined in terms of rising above ambient
temperature.
• A technician completing this work must be a Certified Thermographer with a minimum of three (3)
years conducting infrared inspections and two(2)years of experience in the electrical trade.
• The Contractor will be required to create a log with the time of day the inspection was made, a
description of the equipment,and notes as to whether a problem was found or not.Two(2)copies of a
report showing the hot spots located shall be provided to the County after the inspection is completed.
The report shall include recommendations for repairs,images,and tables showing what was found.The
Contractor shall place a label on all devices tested with the date of test,company name,and results.For
each Thermal problem,the date and time,estimated temperature,and the perceived severity or priority
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of the problem shall be reported.Two(2)images shall be provided for each problem,one color image
showing the variation in temperatures and the other color image showing the piece of equipment.The
severity of the thermal concern shall be identified as(1)"immediate",(2)"next shutdown",or(3)"as
time permits". A proposed report format and inspection log shall be submitted with the quotation.
Section B.Procedures for Distribution of Work
All awarded Contractors are expected to submit quotes for each Request for Quotation that will be issued under the
resultant contract,for the duration of the contract.Repeatedly failing to submit a quote,when requested,may result in
the removal of the awardee from the contract pool.
Quotes will be requested for each project.The procedure to be followed will be determined by the value of the project.
For all projects with a value up to $1,000,000, the procedure for obtaining quotes from the awarded Contractors is
outlined below:
1. A Summary of Work and a Request for Quotation will be sent to all the selected Contractors,along with any
applicable project plans and technical specifications. Completion time and the collection of liquidated
damages may be specified in the Request for Quotation.
2. The County's Project Manager will set the required response time for each project,but the Contractors will
be given a minimum of ten(10)business days to provide a quote. Other projects may require a longer quoting
period to allow for proper coordination.This period may also include a pre-bid meeting.
3. The County may negotiate terms and conditions of the Scope of Work.
4. The County's Project Manager will review all quotes received by the given due date and may negotiate with
the Contractor who submits the lowest quote,if outside the budget.
5. Payment and Performance Bonds will be required for projects over $200,000 and shall be provided
within ten(10)business days after notification of intent to award.
6. Contractor will commence work upon the County's issuance of a Notice to Proceed and Purchase Order.The
Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant contract
will survive and remain subject to the terms and conditions of the resultant contract until the completion or
termination of work.
7. Any project over$500,000 will require further Board approval.
The County reserves the right to waive any or all of these requirements if in the best interest of the County and to
separately solicit any job.
Projects exceeding the$1,000,000 threshold will be formally solicited.
The Contractor will be compensated for lump sum,unit price, and/or time and material(T&M)work, as applicable,
including material and subcontractor markup.
All T&M work will utilize a fee schedule—Exhibit B of the Agreement. Markup for subcontractors shall not
exceed 15%.The markup for parts/materials and rental equipment shall not exceed 10%.
For all T&M work,Contractor(s)shall be required to provide backup documentation of Contractor's time and proof
of the subcontractor services with submission of invoice.Equipment or parts/materials with a single item amount of
$500.00 or more shall require the Contractor to provide backup documentation. For all rental equipment, a copy of
the rental receipt must be provided with the Contractor's invoice.
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Ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be allowed.
Mark-ups will not be allowed on shipping, freight, sales tax, consumer fees or taxes,use and other similar taxes or
fees associated with any work under the resultant contract. All shipping or freight charges must have backup
documentation.
Section C.Non-Urgent Work
Work will be performed during normal business hours, Monday through Friday, 7:00 AM to 5:00 PM, excluding
County observed holidays.In some cases,work may be required after-hours and weekends.Project schedule shall be
approved by the County's Project Manager.
Section D.On-Call Urgent Work
Urgent work shall be defined as any work that is not scheduled. 24-hour availability is needed to complete on-call
urgent work.Urgent work will be completed on a rotating schedule with one(1)Contractor designated for a one(1)
week period. Each awarded Contractor shall supply all County divisions/departments utilizing this contract with a
minimum of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the
urgent work rotation, which will be equally divided. The County Project Manager or designee will manage and
maintain rotation schedules such that a minimum of six(6)months of future equitable assignments are accessible to
all Contractors awarded.
Urgent calls for assistance must be responded to with the Contractor's Journeyman on-site within three(3)hours to
evaluate the job. Within five (5) hours of the request for assistance, the Contractor shall have appropriate crew,
equipment, and, if necessary, Maintenance of Traffic set up. Additional time may be approved by the County in
writing. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any
failure to provide coverage by a Contractor may be subject to termination.
All urgent work will be billed in accordance with the T&M fee schedule.
Section E.General Requirements
1. At a minimum,the awarded Contractor(s)must assign a licensed Journeymen Electrician on site during any
work performed. When requested by the County, a Florida-licensed Master Electrician shall be made
available to assist in any issue that may arise.The Contractor's employees performing electrical maintenance
service shall have experience in high/medium voltage,as warranted.
2. The Contractor and all employees providing services under this agreement shall comply with all applicable
Federal,State,and Local laws,codes,and regulations,including,but not limited to:
• National Electric Code(NEC)
• National Fire Protection Association(NFPA)70E High Voltage
• Institute of Electrical and Electronics Engineers(IEEE)PC57.13.2
• Occupational Safety and Health Standards(OSHA)
• Any other related and/or required federal, state, and local regulations to complete the work in a
professional manner.
3. Equipment/Parts/Materials:
All equipment and parts provided and installed by the Contractor under the awarded contract shall be new,
free of defects, and may require County approval prior to installation. At a minimum, replacement parts
and/or maintenance materials shall be based on the manufacturer's recommendations. The County reserves
the right to supply parts and materials for selected projects and repairs.
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The Contractor shall, under no circumstances, remove any equipment containing a County asset sticker,
without written authorization from County staff. The Contractor(s) shall request that, when replacing
equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust
equipment inventory records.
4. Reporting:
The Contractor shall submit a full report to the County on the work that was performed,including, but not
limited to: inspections, diagnostic testing, troubleshooting, repairs, new installations, and/or maintenance.
Final payment may be delayed until the County is in receipt of all requested reporting documents.
5. Permits:
The Contractor shall be responsible for permit submissions unless otherwise instructed by the County.
Payment for all such permits issued by the County shall be processed internally by the County. All non-
County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor.
Permit fees will be reimbursed at cost,no markup shall be allowed. Supporting documentation showing the
fee paid must be included with the Contractor's invoice.
6. Safety:
Barrier and Lights—During the progress of the work,the Contractor shall place and maintain,at all times,
such barriers and lights that will effectively prevent accidents and keep personnel from entering the work
area.
Maintenance of Traffic Plans(MOT)—When staging areas are close to the street or in the traffic areas, an
MOT shall be prepared and conform to the latest edition of the Florida Department of Transportation(FDOT)
Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). The
Contractor is authorized to subcontract MOT. It is required that either the Contractor or the subcontractor
have current FDOT-approved MOT or Temporary Traffic Control, Intermediate Level, Certification per
FDOT, Design Standards, 600 series indexes. The Contractor or subcontractor shall have current FDOT-
approved certification in their name.
Personal Protective Equipment(PPE)—All personnel shall use proper PPE while work is being performed
and must follow all NFPA 70E requirements.
Safety Issue Response-The County reserves the right to stop work for any safety concerns observed by any
County employee.
7. Facility Security:
The Contractor shall comply with the Department's security guidelines on facility security policies,this may
include additional policies and procedures for work to be performed at the Collier County Sherriff's Office.
Violations of these rules could,at a minimum,result in the termination of the awarded Contract.
The Contractor is required to comply with County Ordinance 2004-52,as amended.Background checks are
valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, the
Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities
Management Division for all employees that shall provide services to the County under this Agreement.This
may include,but not be limited to, checking federal, state, and local law enforcement records, including a
state and FBI fingerprint check,credit reports,education,residence and employment verifications,and other
related records. The Contractor shall be required to maintain records on each employee and make them
available to the County for at least four(4)years.
All the Contractor's employees and subcontractors must always wear Collier County Government
16C4
Identification badges while performing services on County facilities and properties. Contractor ID badges
are valid for one(1)year from the date of issuance and can be renewed each year at no cost to the Contractor
during the time period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail(DL-
FMOPS@colliercountyfl.gov) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities and
systems.Failure to notify within four(4)hours of separation may result in a deduction of$500 per incident.
Collier County Sheriffs Office (CCSO) requires separate fingerprinting prior to work being performed in
any of their locations. This will be coordinated upon the award of the contract. If there are additional fees
for this process,the Contractor is responsible for all costs.
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Exhibit B
Fee Schedule
❑l following this page (pages 1 through 1 )
❑ this exhibit is not applicable
Page 26 of 41
Multi-Contractor Award 2024 ver.1
16C4
Invitation for Qualifications (IFQ) #22-8056
"HIGH/MEDIUM VOLTAGE ELECTRICAL SERVICE"
EXHIBIT B
FEE SCHEDULE
Electrical Engineering Enterprises Inc
Item Description Hourly Rate
1 Master Electrician $ 185.00
2 Supervisor $ 110.00
3 Journeyman Electrician $ 90.00
4 Apprentice Electrician $ 75.00
5 Helper $ 65.00
6 General Laborer $ 65.00
7 Ditch Witch- Upon arrival at site $ 350.00
8 40 Foot Crane with Operator $ 270.00
9 50 Foot Crane with Operator $ 270.00
10 40 Foot Bucket Truck with Operator $ 98.13
11 80 Foot Bucket Truck with Operator $ 98.13
Mark-Ups
Percentage of Mark-Up for Actual Cost of Parts/Materials 10%
Percentage of Mark-Up for Rented Equipment 10%
Percentage of Mark-Up for Subcontractor 15%
1 6 C4
Exhibit B-1 Public Payment Bond
(Template to follow this page.)
Page 27 of 41
Multi-Contractor Award 2024 ver.1
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EXHIBIT B — 1: PUBLIC PAYMENT BOND
Bond No. Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
as Principal/Contractor, and , as Surety,
located at
(Business Address) are held and firmly bound to Collier County Board of County Commissioners
as Oblige in the sum of
($ ), this includes allowance for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors, and assigns,
jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the_day of , 20
with Oblige for (Project) in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof
and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the contract, then this bond is void;
otherwise, it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect sureties' obligation under this
Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no
event will the Surety be liable in the aggregate to claimants for more than the penal sum of this
Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20_, the name of undersigned representative, pursuant to authority of
its governing body.
[2024_ver.1]
1 6 C4
Signed, sealed and delivered in the presence of:
PRINCIPAL/CONTRACTOR:
Signature
Name and Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of 20 by
as of a
corporation, on behalf of the corporation. He/She is personally known
to me OR has produced identification and did (did
not)take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
Authorized Signature
(Printed Name) (Business Address)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of 20 by
as of a
corporation, on behalf of the corporation. He/She is personally known
to me OR has produced identification and did (did
not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
OR POWER OF ATTORNEY IN FACT
[2024_ver.1]
1 6 C4
As Attorney in Fact Signature
(Attach Power of Attorney
(Printed Name)
(Business Address)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of 20 by
as of a
corporation, on behalf of the corporation. He/She is personally known
to me OR has produced identification and did (did
not)take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
[2024_ver.1]
1 6 C4
Exhibit B-2 Public Performance Bond
(Template to follow this page.)
Page 28 of 41
Multi-Contractor Award 2024 ver.1
EXHIBIT B —2: PUBLIC PERFORMANCE BOND
Bond No. Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
as Principal/Contractor, and , as Surety,
located at
(Business Address) are held and firmly bound to Collier County Board of County Commissioners
as Oblige in the sum of
($ ), in accordance with drawings and specifications,
which contract is incorporated by reference and made a part hereof, and is referred to herein as
the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs, and attorneys' fees that Obligee
sustains because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes
in or under the Contract and compliance or noncompliance with any formalities connected with
the Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed, and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
[2024_ver.1]
1 6 C4
Signed, sealed and delivered in the presence of:
PRINCIPAL/CONTRACTOR:
Signature
Name and Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of 20 by
as of a
corporation, on behalf of the corporation. He/She is personally known
to me OR has produced identification and did (did
not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
Authorized Signature
(Printed Name) (Business Address)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of 20 by
as of a
corporation, on behalf of the corporation. He/She is personally known
to me OR has produced identification and did (did
not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
[2024_ver.1]
16C4
Exhibit C Release and Affidavit Form
(Template to follow this page.)
Page 29 of 41
Multi-Contractor Award 2024 ver.l
1 6 C4
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (
STATE OF (
Before me, the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and its subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses,whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated , 20 for the period from
to . This partial waiver and release is conditioned upon payment
of the consideration described above. It is not effective until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
Contractor's Signature
Name and Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or online notarization,
this day of 20 by , as
of a corporation, on behalf of the
corporation. He/She is personally known to me OR has produced
identification and did (did not)take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
[2024_ver.1]
1 6 C4
Exhibit D-1 Application for Payment Form
(Template to follow this page.)
Page 30 of 41
Multi-Contractor Award 2024 ver.l
1 6 C4
EXHIBIT D-1
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer
Owner's Project Bid No.
Manager's Name: Project No.
County's Division Name Purchase Order No.
Submitted by Contractor Application Date:
Representative: Name
Contractor's Name& Payment Application No.
Address:
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date: $
Revised Contract Amount: $
Total Value of Work Completed & $
Stored to Date:
Retainage @5% $ Retainage @ 5%through [Insert $
through [Insert Date] date]
Retainage @ % $ Less Retainage $
after[Insert date]
Total Earned Less Retainage $
Less previous payment(s)
Percent Work Completed % AMOUNT DUE THIS $
to Date: APPLICATION:
Percent Contract Time
Completed to Date:
Liquidated Damages to $ Remaining Contract Balance $
Be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title
to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment
will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such
as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued
and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts
in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced
amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in
advance of such Work.
Contractor's Name
Contractor's Signature: Date:
Type Title: Shall be signed by an authorized
representative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional's Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Project Manager Name:
Signature: Date:
[2024_ver.1]
1 6 C4
Exhibit D-2 Schedule of Values Form
(Template to follow this page.)
Page 31 of 41
Multi-Contractor Award 2024 ver.1
1 6 C4
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1 6 C4
D-3 Stored Materials Record Form
(Template to follow this page.)
Page 32 of 41
Multi-Contractor Award 2024 ver.1
1 6 C4
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16C4
Exhibit D-4 Cash Flow Projection Form
(Template to follow this page)
Page 33 of 41
Multi-Contractor Award 2024 ver.1
16C4
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1 6 C4
Exhibit E-1 Change Order
(Template to follow this page.)
Page 34 of 41
Multi-Contractor Award 2024 ver.1
1 6 C4
Cofer County
Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
Select One: ❑ Contract Modification (Construction or Project Specific) ❑Work Order Modification
Project Manager Name: Division Name:
Original Contract/Work Order Amount Original BCC Approval Date;Agenda Item#
Current BCC Approved Amount Last BCC Approval Date;Agenda Item#
Current Contract/Work Order Amount SAP Contract Expiration Date(MASTER)
Dollar Amount of this Change o.00% Total%Change from Original Amount
Revised Contract/Work Order Total $o.00 o.00% %Change from Current BCC Approved Amount
Total Cumulative Changes $o.00 o.00% %Change from Current Amount
Notice to Proceed Original NTP Original Final Last Final
Date #of Days Completion Date Approved Date
#of Days Added Revised Final Date Current Substantial Completion Date
(includes this change) (if applicable)
Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or
documentation from the Design Professional and/or Contractor, if needed, with your submission of this Change Order and complete
summary on next page. Check all that apply to this Change Order request: ❑Add Time; El Add funds; ❑ Use of Allowance;
❑ Modify/Delete existing Task(s); ❑Add new Task(s); ❑ Reallocate funds; ❑ Other(must be explained in detail below)
1.) Detail of change/s to be made through this Change Order.
2.) If this Change Order is currently under a Stop Work, please identify the date issued and number of
days remaining or "N/A" if not applicable.
3.) Explain why this change was not included in the original contract/Work Order.
4.) Describe the impact if this change is not processed.
Page 1 of 4
Change Order Form(2024_ver.1)
1 6 C4
Co]LL rer County Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
Change Order/Amendment Summary
(If additional spaces needed, attached a separate Summary page to this amendment request)
COST TIME
CO# AMD# Description Additive Deductive Days Total New Justification
(+) (-) Added Time
❑ Check here if additional summary page/s are attached to this Change Order
Page 2 of 4
Change Order Form (2023_ver.1)
1 6 C4
Ca ler County Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be
subject to all the same terms and conditions as contained in the contract/work order indicated above, as fully as if
the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final
settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or related
to the change set forth herein, including claims for impact and delay costs.
Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of
the Company or listed as the qualified licensed Professional "Project Coordinator"or Design/Engineer Professional
under the agreement. Signature authority of person signing will be verified through the contract OR through the
Florida Department of State, Division of Corporations (Sunbiz) website (https://dos.myflorida.com%sunbiz/search/).
If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the
company giving that person signature authority.
Prepared by: _ Date:
Signature-Division Project Manager
Printed Name
Accepted by: Date:
Signature-Design/Engineer Professional (if applicable)
Printed Name/Title/Company Name
Accepted by: Date:
Signature-Contractor/ConsultantNendor
Printed Name/Title/Company Name
Approved by: Date:
Signature-Division Manager or Designee(Optional)
Printed Name
Approved by: Date:
Signature-Division Director or Designee(Optional)
Printed Name
Approved by: Date:
Signature-Division Administrator or Designee (Optional)
Printed Name
Page 3 of 4
Change Order Form(2024_ver.1)
16C4
Colter County Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
FOR PROCURMENT USE ONLY
FY CHO Request#
Approved by:
Signature-Procurement Professional Signature/Date
Approved by:
Signature-Procurement Manager/Director(OPTIONAL)
APPROVAL TYPE:
❑ Administrative ❑ Administrative-BCC Report ❑ BCC Stand-Alone ES (BCC Approval Required)
BCC APPROVAL
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit Court BOARD OF COUNTY COMMISSIONERS
and Comptroller COLLIER COUNTY, FLORIDA
By: By:
, Chairman
Dated:
Date:
(SEAL) Agenda#
Approved as to Form and Legality:
Deputy County Attorney
Print Name
Page 4of4
Change Order Form(2024_ver.1)
1 6 C4
Exhibit E-2 Work Directive
(Template to follow this page.)
Page 35 of 41
Multi-Contractor Award 2024 ver.1
16C4 t.
EXHIBIT E-2
WORK DIRECTIVE CHANGE
PROJECT NAME: CHANGE#
DATE OF ISSUANCE: EFFECTIVE DATE:
OWNER: Collier County Board of Commissioners PROJECT#:
CONTRACTOR: ENGINEER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Directive Change:
Attachments:
If a claim is made that the above change(s)have affected Contract amount or Contract Times any claim for
a Change Order based thereon will involve one or more of the following methods of determining the effect
of the changes(s).
Method of determining change in Contract amount: Method of determining change in Contract
Times:
❑ Unit Prices ❑ CONTRACTOR's records
❑ Lump Sum ❑ Engineer's record
❑ Other ❑ Other
A not-to-exceed itemized estimated increase Estimated change in Contract Time:
(decrease)in Contract amount:
$ Increase or decrease by calendar days.
RECOMMENDED: AUTHORIZED:
By: By:
Engineer/Design Professional Owner's Representative
CAQ
[2024_ver.1]
1 6 C4
Exhibit F-1 Certificate of Substantial Completion
(Template to follow this page.)
Page 36 of 41
Multi-Contractor Award 2024 ver.1
16C4
EXHIBIT F-1
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated portion)
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or
utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by
authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work
is hereby declared to be substantially complete in accordance with the requirements of the Contract
Documents on:
DATE OF SUBSTANTIAL
COMPLETION
[2024_ver.1]
16 C4
This list may not be all-inclusive, and the failure to include an item in it does not alter
the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract
Documents. The items in the final punch list shall be completed or corrected by CONTRACTOR
within days of the above date of Substantial Completion and Contractor shall provide
Owner with written notice that all punch list items have been completed.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance, and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The
following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with
the Contract Documents.
Executed by Design Professional on , 20
Signature of Design Professional Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on , 20_
and will submit within five calendar days, an approved pay application to bccapclerk@collierclerk.com.
The pay application will include regular schedule of value scope work to be billed and all work to be
billed for all change orders.
Signature of Contractor Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
Signature of Owner Type Name and Title
[2024_ver.1
1 6 C4
Exhibit F-2 Certificate of Final Completion
(Template to follow this page.)
Page 37 of 41
Multi-Contractor Award 2024 ver.1
16C4
EXHIBIT F-2
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. Design Professional Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents. The warranty
in Exhibit G-2 is attached to and made a part of this Certificate.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL
COMPLETION
[2024_ver.1]
16C4
Intentionally left blank
Executed by Design Professional on , 20
Signature of Design Professional Type Name and Title
CONTRACTOR accepts this Certificate of Final Substantial on this , 20
Signature of Contractor Type Name and Title
OWNER accepts this Certificate of Final Substantial on this , 20
Signature of Owner Type Name and Title
[2024_ver.1]
16C4
Exhibit F-3 Punch List Form
(Template to follow this page.)
Page 38 of 41
Multi-Contractor Award 2024 ver.1
16C4
EXHIBIT F-3 PUNCH LIST FORM
Item Description Value Completion Date Dated Approved
No. by Owner
Subtotal x 150%
' n.f
[2024_ver.1]
1 6 C4
Exhibit G-1 Final Payment Checklist
(Template to follow this page.)
Page 39 of 41
Multi-Contractor Award 2024 ver.1
1 6 C4
EXHIBIT G-1: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: PO No. Date:
Contractor:
The following items have been secured by the for the Project known as
and have been reviewed and found to comply with the requirements of the
Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
L I I 2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one year warranty from Contractor is:
0 0
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
El— 5. As-Built drawings obtained and dated:
0 6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
I I 0 8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
0 0
10. Consent of Surety received on
1-7- 11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
0 0 13. Finished Floor Elevation Certificate provided to Owner:
0 0 14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation.
Acknowledgments:
Executed by Design Professional on , 20
Signature of Design Professional Type Name and Title
Executed by Contractor on , 20
Signature of Contractor Type Name and Title
Executed by Owner on , 20
Signature of Owner Type Name and Title
[2024_ver.1]
16C4
Exhibit G-2 -Warranty
(Template to follow this page.)
Page 40 of 41
Multi-Contractor Award 2024 ver.1
16C4
EXHIBIT G-2
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the
undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done
and executed under the contract either directly performed by the CONTRACTOR or at
the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Substantial Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract
shall be free of all defects of materials and workmanship for a period of one year from
the DATE OF SUBSTANTIAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair
all defective work and materials and all other work damaged by any defective work upon
written demand by the COUNTY. It is further understood that further consideration for
this warranty and guaranty is the consideration given for the requirement pursuant to the
general conditions and specifications under which the contract was let that such warranty
and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the
work performed under the contract and does not constitute a waiver of any rights provided
pursuant to Florida Statutes, Chapter 95, et seq.
CONTRACTOR: WITNESS:
Signature Signature
Name Printed and Title Name Printed
[2024_ver.1]
Exhibit H
❑ this exhibit is not applicable
Other Exhibit/Attachment
Description: Federal Emergency Management Agency Public Assistance Provisions
0following this page (pages 1 through 11 )
❑ this exhibit is not applicable
Page 41 of 41
Multi-Contractor Award 2024 ver.1
1 6 C4
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is
an entity that receives a Contract/Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
O 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide
EXHIBIT I -1
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency
Management, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representative's access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to
provide the FEMA Administrator or his authorized representatives' access to construction or other work
sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the
Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in
this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take
all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5)to ensure that small and minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be necessary,
allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of
work, and otherwise allowable.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions
of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall
include this provision in any subcontracts.
Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced in the United States (including
but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of
this section must be included in all subawards including all contracts and purchase orders for work or
products under this award.
For purposes of this section: "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States. "Manufactured products" means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract, the Contractor will identify such data
and grant to the County or acquires on its behalf a license of the same scope as for data first produced in
the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography, pictures or images,graphics,sculptures,videos, motion pictures or other audiovisual works,
sound and/or video recordings, and architectural works. Upon or before the completion of this contract,the
Contractor will deliver to the County data first produced in the performance of this contract and data
required by the contract but not first produced in the performance of this contract in formats acceptable by
the County.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
EXHIBIT I -2
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Prohibition on Covered Telecommunications Equipment or Services:
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component; and telecommunications equipment or services have the meaning as defined in
FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered
Telecommunications Equipment or Services As used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L.
No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020,
from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology
of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii) Enter into,extend, or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of
a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications
equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: i. Are not used as a substantial or essential component of
any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications
equipment or services that are not considered covered telecommunications equipment or services.
(d)Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i)
Within one business day from the date of such identification or notification: The contract number;the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
EXHIBIT I -3
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
number, manufacturer part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended.(ii)Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation
actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and any additional efforts
that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in
all subcontracts and other contractual instruments.
Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt.3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired— Competitively within a timeframe providing for
compliance with the contract performance schedule; Meeting contract performance requirements; or At a
reasonable price. Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract
Terms and Conditions
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who
apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient."
EXHIBIT I-4
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000.
See Certifications and Assurances and the end of this document.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where
applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (1)of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District or
to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1)of this section, in the sum of$27 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1)of this section.
(3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2)of this section.
(4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section."
For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject
to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety
Standards Act.
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of
the work and shall preserve them for a period of three years from the completion of the contract for all
laborers and mechanics, including guards and watchmen, working on the contract. Such records shall
contain the name and address of each such employee, social security number, correct classifications,
hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages
paid.
(2)Records to be maintained under this provision shall be made available by the contractor or subcontractor
for inspection, copying, or transcription by authorized representatives of the Department of Homeland
Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor
or subcontractor will permit such representatives to interview employees during working hours on the job.
EXHIBIT I -5
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§7401 et seq. 2.The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency,and
the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided
by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
CONSTRUCTION ACTIVITIES
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part
60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin.The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant.This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4)The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
EXHIBIT I -6
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
union or workers'representatives of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6)The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
whole or in part an the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1)through (8)in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
Davis Bacon Act: Exempt under FEMA Public Assistance Funding
Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding
EXHIBIT I-7
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Compliance with Federal Law, Regulations, And Executive Orders
and Acknowledgement of Federal Funding
Certification
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be available to the County for review and approval. The Contractor agrees to include in
the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
County and the Grantor Agency harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement,to the extent allowed and required by law.The
County may document in the quarterly report the Contractor's progress in performing its work under this
agreement.
On behalf of my firm, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name Electrical Engineering Enterprises
Date 01/11/2024
Authorized Signature �1 v �, /
EXHIBIT I-8
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective
contract shall attach an explanation to this form.
CONTRACTOR
By: C. eta Al P
Signature
Christopher Steele, President
Name and Title
5316 East Henry Avenue
Street Address
Tampa, FL 33610
City, State, Zip
593554532
UEI Unique Entity Identifier(for SAM.gov verification)
January 11, 2024
Date
Sub-Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: TBD
FEMA Project Number: TBD
EXHIBIT I-9
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COWER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Urwerifable statuses will require the PRIME to either proevde a revised statement o•provide so.Yce documentation that validates a
stater.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PFIME FFEID HAMMER CONTRACT DOLIAF.AMOUNT
Licer-rl a os I Er mini"'j Entsrprtste 5 q ",354` S3 2-,
IS THE PRIME A FLORIDA{ER�fED DeSADVANTAGED. '�-EssN Y N IS THE ACTIVITY OF THIS CONTRACT._
MINORITY OR WOMEN BUSlNESSENTEP.J+RISE? ODE.• S y CONSTRUCTION? N
ID8F/Mf.E/WbE)OF HAVE A SMALL DISADVANTAGED
BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y r;)
ADMINISTRATION? ASERVICE DISABLED VETERAN? W6E? Y N OTHER?
SIM BA? Y N
IS THIS SUBMt'SS53N A REVIS'ON y N IF YES,REv SIO'v NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
DBSE MJWEE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB,ISUPPfiER PERCENT OF CONTRACT
VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
i.L`
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME Of SUBMTrTER DATE TITLE OF SUMMER
EMAIL ADDRESS OF PRIME{SWIMMER) TELEPHONE NUMBER FAX NUMBER
Lila)
site/Cyil)GlCGteni.Can 74I'0- 9G01 �r
NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts.The anticipated DfE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation.rf and when awarded a County contract,the prime will be asked to update the information for the grant compliance files.
ETHNICITY COOT
Back American BL.
Hspan c Amnericar HA
Native American
Subcont.Asian American Ss.a
Asian-Pacific American AF,.
Non-M•iority Women
Otte—notc`ai,oche ;alp!tstec _ •
D. SECTION TO BE COMPLETED BY COWER COUNTY
DEPARTMENT NAME CO.C.ER CONTRACT C IEBffFPorP0/REC1' GRANT PROGRAM/CONTRACT
ACCEPTED BY: DATE
EXHIBIT I-10
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding$100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et
seq., apply to this certification and disclosure, if any.
Electrical Engineering Enterprises
Contractor(Firm Name)
e/t/u t , ,'tom, P.C7
Signature of Contractor's Authorized Official
Christopher A Steele, President
Name and Title of Contractor's Authorized Official
January 11, 2024
Date
EXHIBIT I-11
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1, 2024, pursuant to§787.06(13), Florida Statutes,when a contract is executed, renewed,or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the
governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name: Electrical Engineering Enterprises
Address: 5316 E. Henry Avenue
i Phone Number: 813-740-9601
Authorized Representative's Name: Christopher Steele
Authorized Representative's Title: President
Email Address: ,steele@electeng.com
AFFIDAVIT
I, Christopher A. Steele (Name of Authorized Representative),as authorized representative attest
that Electrical Engineering Enterprises (Name of Nongovernmental Entity)does not use coercion for labor or
services as defined in§787.06, Florida Statutes.
Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
(-\ --1--2-: lr -i,. A — 7" ,, / l/7la°.1,S
(Signature of authorized representative) Date
STATE OF nu,u(A
COUNTY OF
Sworn to(or a 'rmed)and subscrib d before me, b m ans of physical presence or 0 online n tarizatio th s
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I-7 day of At fi .O,/ 20 , by Name of Affiant),who produced their ()all
as identification or r- ersonally known to me.
61(1.0149 ,..4y..4., BRf77ANY JONES Notary Publi (n t uired when digital) t =p: �::
Notary Public-State or Florida ,
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Commission Expires
Personally Known VR Produced Identification 0
Type of Identification Produced: psonat\ 4cii.my\
CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1