#24-8278 (Capital Contractors, LLC.) CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or
"Owner") hereby contracts with Capital Contractors, LLC ("Contractor") of 9010 Strada Steil
Ct., Suite 108, Naples, FL 34109, a Florida Limited Liability Company, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Hurricane Ian
Repairs - Clam Pass Parking Lot Wall, Invitation to Bid No. 24-8278("Project"), as said Work
is set forth in the Plans and Specifications prepared by Taylor Engineering, Inc., the Engineer
and/or Architect of Record ("Design Professional") and other Contract Documents hereafter
specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision,financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount(herein "Contract Amount"), in accordance with the terms of this
Agreement: One Hundred Twenty-Nine Thousand Seven Hundred and Fifty Dollars
($129,750.00). The amount of Five Thousand Two Hundred Dollars ($5,200.00) has been
allocated as an Owner's Allowance. Any allowance dollar amount that has been included in
the Contractor's Bid Schedule amount is not a guaranteed portion of the aforementioned Contract
Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a
specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed
upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any dollar portion of
an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in
writing, via Change Order, shall not be eligible for reimbursement/payment by the Owner as part
of a Payment Application submitted by the Contractor.
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Section 4. Bonds.
A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, plus any
approved allowance as provided in Section 3, the costs of which are to be paid by Contractor.
The Performance and Payment Bonds shall be underwritten by a surety authorized to do business
in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall
meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsurance Companies" circular. This circular may be accessed via the web at
https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html. Should the Contract
Amount be less than $500,000,the requirements of Section 287.0935, F.S. shall govern the rating
and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents,the Contractor shall,within five(5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. 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. Contractor shall achieve Substantial
Completion within One Hundred and Fifty (150) calendar days from the Commencement Date
(herein"Contract Time"). The date of Substantial Completion of the Work(or designated portions
thereof) is the date certified by the Design Professional when construction is sufficiently complete,
in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or
designated portions thereof)for the use for which it is intended, as more particularly defined herein
at Section 16, Defined Terms. Contractor shall achieve Final Completion within Thirty (30)
calendar days after the date the Punch List is delivered to the Contractor. 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. As used herein and throughout the Contract Documents,
the phrase"Project Manager"refers to the Owner's duly authorized representative and shall mean
the Department Administrator or Division Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One
Hundred and Three ($103.00) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to
reach Final Completion within the required time period, Owner shall also be entitled to assess,
and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor
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failing to timely achieve Final Completion. The Project shall be deemed to be substantially
completed on the date specified by the Project Manager (or at his/her direction, the Design
Professional) as memorialized in the Certificate of Substantial Completion issued pursuant to the
terms hereof, and as more particularly defined herein at Section 16, Defined Terms. 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 or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
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.
D. Determination of Number of Days of Default.
For all contracts, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work, as more
particularly defined herein at Section 16, Defined Terms. Owner will not charge liquidated
damages for any delay in achieving Substantial or Final Completion as a result of any
unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non-delay related damages
that may be owed to it arising out of or relating to this Agreement.
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Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and
made a part of this Agreement for Solicitation #24-8278 Hurricane Ian Repairs - Clam Pass
Parking Lot Wall .
Exhibit A-1: Contractor's Bid Schedule
Exhibit A-2: Contractor's Bid Submittal Forms and Addendums
Exhibit A-3: Contractor's List of Key Personnel Assigned to the Project
Exhibit-B-1:- Payment-Bond-Form ® Not Applicable
Exhibit B-2: Performance Bond Form ® Not Applicable
Exhibit B-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D-1: Contractor Application for Payment Form
Exhibit D-2: Schedule of Values
Exhibit D-3: Stored Materials Record
Exhibit E-1: Change Order Form
Exhibit E-2 Work Directive Form
Exhibit F-1: Certificate of Substantial Completion Form
Exhibit F-2: Certificate of Final Completion
Exhibit F-3: Punch List Form
Exhibit G-1: Final Payment Checklist
Exhibit G-2: Warranty
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions® Applicable❑ Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation #24-8278 Hurricane Ian Repairs - Clam Pass Parking Lot
Wall. The complete contract documents, including Addendum with attachments, are available on
the County's on-line bidding system, which the parties agree comprise the final integrated
agreement executed by the parties.
Sections corresponding to any checked box (® ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
❑Exhibit J: Technical Specifications
❑Exhibit K: Permits
®Exhibit L: Standard Details
®Exhibit M: Plans and Specifications prepared by: Jake Sydnor, PE
®Exhibit N: Environmental Health and Safety Requirements for Construction Projects
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following:
Collier County Board of County Commissioners, FL
c/o Facilities Management Division
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Attn: Michael Levy, Project Manager II
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Phone: 239-252-4047
Email: michael.levv a(�colliercountvfl.gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, or E-mail, addressed
to the following:
Capital Contractors, LLC
9010 Strada Stell Court, Suite 108
Attn: Adam Ahmad, Managing Member
Phone: 239-273-8894
Email: adam.ahmadcapitalenqr.com
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under, and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
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Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated, and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
Procurement Ordinance, as amended, and the terms of the Contract Documents.
Section 16. Construction.
(i) Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities
in a contractual term which appears on its face to have been inserted for the benefit of
one of the parties shall be construed against the benefited party) shall not be applied
to the construction of this Agreement.
(ii) Defined Terms: The following Defined Terms used in the Agreement shall be
understood to be defined as expressly set forth below. Other terms referenced in the
Agreement shall be understood as they may separately be defined herein or if not so
defined shall be understood consistent with their natural and ordinary meaning.
(a) "Application for Payment" shall mean the form provided by the Owner that is to be
used by the Contractor in requesting a progress or final payment and which is to
include such supporting documentation as is required by the Contract Documents.
(b) "Construction Project" shall mean a Project, funded by Owner funds that involves
the process of building, altering, repairing, improving, or demolishing any public
structure or building,or other public improvements of any kind to any real property
owned or under the control of the Owner, which Work is being performed under a
Construction Contract.
(c) "Construction Services" shall mean all labor and materials to be provided by
Contractor in connection with the construction, alteration, repair, demolition,
reconstruction, or any other improvements to real property. Construction Services
also means Work.
(d) "Contract" or "Contract Documents" shall refer to those documents described in
Section 1, subsection A of the Agreement.
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(e) "Defective" shall mean an adjective which, when modifying the Work, refers to
Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the
Contract Documents.
(f) "Department" shall mean the Department or Division initiating and managing the
Project on behalf of the Owner.
(g) "Director" shall mean the Director or Administrator of the Department or Division
initiating and managing the Project on behalf of the Owner.
(h) "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.
(i) "Professional" or "Design Professional" shall mean the professional
architectural/engineering firm designated to perform the design, Construction
Engineering and Inspection ("CEI") services, by an existing agreement, or resident
in-house Owner engineering services for the Work. At times, Owner staff may
perform the design for the Work in-house and shall be considered the Professional
in relation to the Work or a particular portion of the Work.
(j) "Project" shall mean the total construction, of which the Work to be provided under
the Contract Documents may be the whole or a part as indicated elsewhere in the
Contract Documents.
(k) "Project Manager" shall mean an individual employed by the Owner and assigned
to manage and administer the Project which is the subject of the Contract
Documents.
(I) "Proper Invoice" shall mean an invoice that conforms with all statutory
requirements and all requirements specified in the Contract Documents.
(m)"Punch List" shall mean the approved list of incomplete and/or deficient Work that
shall be completed by the Contractor after Substantial Completion but before the
Final Acceptance can be certified by the Project Manager. The Punch List
enumerates the items required to render complete, satisfactory and acceptable all
Work by the Contractor. The Punch List is developed by the Contractor, Owner
and Professional (if any) in accordance with the provisions of the Contract and
within the time frames required therein. The Punch List essentially includes items
of a minor nature; major items must be completed before Substantial Completion
and cannot be considered to be Punch List work.
(n) "Schedule of Values" shall mean a schedule showing all activities of the Work
subdivided into component parts in sufficient detail to serve as the basis for
measuring quantities in place and/or calculating amounts for progress payments
during construction. The Schedule of Values shall be satisfactory in form and
substance to the Project Manager.
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(o) "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 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, see Exhibit F-1.
(p) "Work" shall mean the Work to be performed under this Agreement and shall
consist of furnishing all tools, equipment, materials, supplies, and manufactured
articles and for furnishing all transportation and services, including fuel, power,
water, and essential communications, and for the performance of all labor, work,
or other operations required for the fulfillment of the Agreement in strict accordance
with the Specifications, schedules, Drawings, and other Contract Documents as
herein defined, all of which are made a part hereof, and including such detailed
sketches as may be furnished by the Professional from time to time during
construction in explanation of said Contract Documents. The Work shall be
complete, and all work, materials, and services not expressly shown or called for
in the Contract Documents, which may be necessary for the complete and proper
construction of the Work in good faith, shall be performed, furnished, and installed
by the Contractor as though originally so specified or shown, at no increase in cost
to the Owner.
(q) "Written Directive" shall mean a written directive and also referred to as work
directive, as required by in Exhibit H, Section 10.1, in the form that appears in
Exhibit E-2 that is issued to a Contractor from Owner in instances where the parties
cannot agree on price and/or costs associated with work arising from differing,
unforeseen or emergency site conditions and the work in question is part of the
"critical path" of the contract schedule. A written directive should ultimately be
followed up with an agreed upon Change Order. A verbal Work Directive may only
be issued in extraordinary emergencies when necessary to protect and promote
the public interest, which shall be followed up with a written Work Directive within
five (5) business days.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES: Capital Contractors, LLC
ir
FIRST WITH SS
osk &oA o t1 B
Print Name �"
h4f`jv�( pp��1 f'��'►rVtrad I► ItLh1
Print Name and Title
SECO D WITNESS
V kof klisoycln Date: 12 ( 1 21 l
not Name
ATTEST: OWNER:
Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
&Comptroller OF COLLIER COUNTY FLORIDA
a I) ( /BY: lIP BY: r4g,X4,,, ,_
Attest as to Chairman's
signature only Burt Saunders, Chairman
Date : �. . A 5
Approved as to For d L ality:
-Llv L
County Attorney
Print Name
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Construction Services Agreement:12024_ver.9J .
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
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Construction Services Agreement:[2024_ver.3]
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EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
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Construction Services Agreement:[2024_ver.3]
County of Collier,FL
Cc(tier Procurement
Cvuxty -
3299 Tamiami Trail,East Naples,FL 34112
[CAPITAL CONTRACTORS] RESPONSE DOCUMENT REPORT
GEN No. 24-8278
24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
RESPONSE DEADLINE:September 18,2024 at 3:00 pm
Report Generated: Thursday,September 19,2024
Capital Contractors Response
CONTACT INFORMATION
Company:
Capital Contractors
Email:
adam.ahmad@capitalengr.com
Contact:
Adam Ahmad
Address:
9010 STRADA STELL CT.
SUITE 108
NAPLES, FL 34109
Phone:
N/A
Website:
capitalengr.com
Submission Date:
Sep 18,2024 2:27 PM(Eastern Time)
[CAPITAL CONTRACTORS] RESPONSE DOCUMENT REPORT
GEN No.24-8278
24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
ADDENDA CONFIRMATION
Addendum#1
Confirmed Sep 18,2024 1:40 PM by Adam Ahmad
QUESTIONNAIRE
1. 1. I certify that I have read,understood and agree to the terms in this solicitation,and that I am authorized to submit this
response on behalf of my company.*
Confirmed
2. 2. Construction Bid Instructions Form*
Construction Bid Instructions have been acknowledged and accepted.
Confirmed
3. 3. Collier County Purchase Order Terms and Conditions*
Collier County Purchase Order Terms and Conditions have been acknowledged and accepted.
Confirmed
4. 4. Collier County Required Forms
4.1. BID SCHEDULE*
Please Upload in Excel format.
2024.09.17_24-8278=_Bid_Schedule_r05.pdf
4.2. BID FORM(FORM 1)*
[CAPITAL CONTRACTORS]RESPONSE DOCUMENT REPORT
undefined-24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
Page 2
[CAPITAL CONTRACTORS] RESPONSE DOCUMENT REPORT
GEN No.24-8278
24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
Form_O1_r02.pdf
4.3. CONTRACTORS KEY PERSONNEL(FORM 2)*
Form_02_r01.pdf
4.4. MATERIAL MANUFACTURERS(FORM 3)*
Form_03_rOl.pdf
4.5. LIST OF MAJOR SUBCONTRACTORS(FORM 4)*
Form_04_r0l.pdf
4.6. STATEMENT OF EXPERIENCE(FORM 5)*
Form_05_r0l.pdf
4.7. TRENCH SAFETY ACT(FORM 6)*
Form_06_r0l.pdf
4.8. BID BOND FORM(FORM 7)*
BID_BOND=_COLLIER_COUNTY=_NO.24-8278.pdf
4.9. INSURANCE AND BONDING REQUIREMENTS(FORM 8)*
Form_08_r0l.pdf
4.10. CONFLICT OF INTEREST AFFIDAVIT(FORM 9)*
Form_09_rOl.pdf
4.11. VENDOR DECLARATION STATEMENT(FORM 10)*
Form_10_r0l.pdf
4.12. IMMIGRATION LAW AFFIDAVIT CERTIFICATION(FORM 11)*
Form_11_r01-2.pdf
[CAPITAL CONTRACTORS]RESPONSE DOCUMENT REPORT
undefined-24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
Page 3
[CAPITAL CONTRACTORS] RESPONSE DOCUMENT REPORT
GEN No.24-8278
24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
4.13. GRANTS PROVISION PACKAGE*
24-8278_Exhibit_I_-_Federa l_P rovi sions.pdf
4.14. BUSINESS TAX RECEIPT(COLLIER COUNTY BUSINESSES ONLY)
2021.07.09_Col I ier_Cou nty_Tax_License_I nvoice.pdf
4.15. E-VERIFY-MEMORANDUM OF UNDERSTANDING*
2023.10.23_E-Verify_rOl.pdf
4.16. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN STATE OF FLORIDA(SUNBIZ.ORG)**
http://dos.myflorida.com/sunbiz/should be attached with your submittal.
Sunbiz_rOl.pdf
4.17. ANY REQUIRED PROFESSIONAL LICENSES—VALID AND CURRENT(MYFLORIDALICENSE.COM)(IE:STATE OF FLORIDA GENERAL
CONTRACTOR LICENSE.ALL SUBCONTRACTORS TO BE LICENSES IN THE STATE OF FLORIDA FOR THEIR RESPECTIVE TRADE OR
BUILDING CONTRACTOR AS APPLICABLE, REQUESTED AND/OR REQUIRED.)*
wa I letlicense6734185,pdf
4.18. W-9 FORM*
2024.09.03.Capital.Contractors.W9_rOl.pdf
4.19. MISCELLANEOUS DOCUMENTS
2024.09.18.Addendum_Clam_Pass_rOl.pdf
PRICE TABLES
TOTAL BID
Please Submit Completed Bid Schedule Via Microsoft Excel
[CAPITAL CONTRACTORS]RESPONSE DOCUMENT REPORT
undefined-24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
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[CAPITAL CONTRACTORS] RESPONSE DOCUMENT REPORT
GEN No.24-8278
24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
line Item Description Quantity Unit of Unit Cost Total
Measure
1 Total Bid Amount 1 EA $129,750.00 $129,750.00
TOTAL $129,750.00
[CAPITAL CONTRACTORS]RESPONSE DOCUMENT REPORT
undefined-24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall
Page 5
FORM 1-BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Hurricane Ian Repairs-Clam Pass Parking Lot Wall
BID NO.24-8278
Full Name of Bidder Adam Ahmad
Main Business Address 9010 Strada Steil Ct. Ste 108 Naples, Florida 34109
Place of Business Capital Contractors, LLC
Telephone No. 239-273-8894 Fax No.
State Contractor's License# CGC1525387
State of Florida Certificate of Authority Document Number L 17000100343
Federal Tax Identification Number 37-1858650
DUNS# 081181106 CCR# Cage Code
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
(hereinafter called the Owner)
The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein,that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and
Bonds,and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points
are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division
staff.
Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to
the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates
as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event
the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set
forth,as liquidated damages, for the delay and additional expense to the Owner,it being recognized that,since time
is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the
required Agreement,Insurance Certificates and Bonds within the required time period. In the event of such failure,
the total amount of Owner's damages,will be difficult, if not impossible,to definitely ascertain and quantify. It is
hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the
event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
Construction Solicitation Doc rev 04152022
above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of
Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,
Insurance Certificates,and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work
at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager,in writing, subsequently notifies the Contractor of a modified(later)commencement date.The
undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Fifty
(150)consecutive calendar days,computed by excluding the commencement date and including the last day of such
period,and to be fully completed to the point of final acceptance by the Owner within Thirty(30)consecutive calendar
days after Substantial Completion, computed by excluding commencement date and including the last day of such
period.
Acceptance and acknowledged by an Authorize Agent
Signature:
1 /) :;;;Z)
Title: Adam Ahmad, Managing Member
Date: 09/18/2024
Construction Solicitation Doc rev 04152022
FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Hurricane Ian Repairs-Clam Pass Parking Lot Wall
Bid No.24-8278
Name Personnel Category
Roger Riggs Construction Superintendent
Fritznel Saint Louis Project Manager
Construction Solicitation Doc rev 04152022
FORM 3-MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products
produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A(Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm,I confirm that we will use all manufacturers and materials as specifically outlined in
the Bid specifications.
Company: Capital Contractors, LLC
Signature: Date: 09/18/2024
Section B(Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company: -
Signature: Date
Construction Solicitation Doc rev 04152022
FORM 4-LIST OF MAJOR SUBCONTRACTORS
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed
herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal
requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful
Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any
portion of work on this Project must be qualified as noted above.
Major Category of Work Subcontractor and Address
1. Electrical
2. Mechanical
3. Plumbing
4. Site Work Hannula Landscaping and Irrigation,Inc 117051 Jean Street,Unit 7 Fort Myers,FL 33967
5. Identify other subcontractors Coastal Concrete Products,LLC/7742 Alico Rd.Fort Myers,FL 33912
that represent more than 10%
of price or that affect the
critical path of the schedule
Company: Capital Contractors, LLC
Signature: Date:09/18/2024
Construction Solicitation Doc rev 04152022
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON-
RESPONSIBLE.
The Bidder is required provide five(5)project references,stated below,of what work of similar magnitude
completed within the last five (5) years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of the Agreement.
1•Paver Sidewalks at Vanderbilt Dr.and Bluebill Ave.
Collier County
(project name) (project owner)
Intersection of Vanderbilt Dr.and Bluebill Ave. 3335 Tamiami Trail E. Naples.FL 34112
(project location) (Owner's address)
Install paver sidewalks Harry Sells MSTU Project Manager
(project description) (Owner's contact person) (title)
5/2021 -12/2021 $ 229,853.35 239-821-6909
Harry.Sells@colliercountyfl.gov
(project start/completion dates) (contract value) (phone) (email)
2.
Bluebill-VBR_Fence_&_Signs Collier County
(project name) (project owner)
Vanderbilt Beach at the corner of Vanderbilt Drive and Bluebill Ave. 3335 Tamiami Trail E, Naples, FL 34112
(project location) (Owner's address)
Constnirt a fence and twn entry signs Harry Sells MSTU Project Manager
(project description) (Owner's contact person) (title)
05/2020-11/2020 $ 287,050.00 239-821-6909 Harry.Sells@colliercountyfl.gov
(project start/completion dates) (contract value) (phone) (email)
3.
100418_CC_Clam_Pass_Concession Collier County
(project name) (project owner)
465 Seagate Dr Naples. FL 34103 3335 Tamiami Trail East Naples, FL 34112
(project location) (Owner's address)
Clam Pass concession renovation James Williams Project Manager
(project description) (Owner's contact person) (title)
05/2021-09/2021 $134,293.50 239-821-2546 James.Williams@colliercountyfl.gov
(project start/completion dates) (contract value) (phone) (email)
Construction Solicitation Doc rev 04152022
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
4.Solicitation#19-9601 -GMD Generator and Collier County
Facility Design Improvements
(project name) (project owner)
2800 N Horseshoe DR, Naples, FL 34112 3335 Tamiami Trail EastNaples, Florida 34112
(project location) (Owner's address)
Install GMD Generator and Facility Design Improvements Thomas Orr Project Manager
(project description) (Owner's contact person) (title)
01/2020-09/2020 $423,650.00 239-438-5310 Thomas.Orr@colliercountyfl.gov
(project completion date) (contract value) (phone) (email)
5.
SNF Wading Pool Collier County
(project name) (project owner)
15000 Livingston Rd Naples, FL 34109 3335 Tamiami Trail EastNaples, Florida 34112
(project location) (Owner's address)
Wading Pool Improvements Dayne Atkenson Project Manager
(project description) (Owner's contact person) (title)
4/2022-5/2022 $ 150,000.00 239-252-5337 Dayne.atkenson@colliercountyfl.gov
(project completion date) (contract value) (phone) (email)
Company: Capital Contractors, LLC Date: 09/18/2024
Signature: 6e2a
�,
Construction Solicitation Doc rev 04152022
FORM 6-TRENCH SAFETY ACT
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE.
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act(90-96,Laws of Florida)effective October 1, 1990.The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure (Quantity) Cost
(Description) (LF,SY)
1. Trench Box LF 1000 $6.00 $6,000.00
2.
3.
4.
5.
TOTAL $
Company: Capital Contractors, LLC
Signature: Date: 09/18/2024
40.. ...._
Construction Solicitation Doc rev 04152022
FORM 7-BID BOND
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON-
RESPONISBLE
KNOW ALL MEN BY THESE PRESENTS, that we CAPITAL CONTRACTORS LLC
(herein after called the Principal) and
THE OHIO CASUALTY INSURANCE COMPANY , (herein called the Surety), a corporation chartered and
existing under the laws of the State of NEW HAMPSHIRE with its principal offices in the city of
and authorized to do business in the State of FLORIDA are held and firmly bound unto the
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS(hereinafter called the Owner),in the full and just sum
of FIVE PERCENT OF THE AMOUNT BID dollars($5% )good and lawful money of
the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the
Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor,materials,
equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No.
24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot Wall.
NOW,THEREFORE,if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement
and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the
failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required
certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5% noted above
as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and
void,otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this
18TH day of SEPTEMBER ,2024 .
CAPITAL CONTRACTORS LLC Principal
BY (Seal)
THE OHIO CASUALTY INSURANCE COMPANY Surety
(Seal)
JOHN W.CHARLTON,ATTORNEY-IN-FACT
Countersigned yP`oarongr
tr INs�A
J
JOHN W.CHARLTON Q' = o n
1919
Appointed Producing Agent for THE OHIO CASUALTY INSURANCE COMPANY yok4NP6�W DO
a
dH� * F�
w This Power of Attorney limits the acts of those named herein,and they have no authority to
/.:'r bind the Company except in the manner and to the extent herein stated.
'' ‘.e..,1i• Liberty
Liberty Mutual Insurance Company
/j Mutual. The Ohio Casualty Insurance Company Certificate No: 8208016-964013
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,
D.W.Matson,III;John W.Charlton
all of the city of Coral Gables state of FL each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 10th day of May , 2022 .
Liberty Mutual Insurance Company
P�tNSu,, 0:0 INsu u The Ohio Casualty Insurance Company
j °oaPOR9,O�m °0wpOry Q'9y� (01S
aPORST y0 West American Insurance Company
-t F 3 F Fo mui Y ; 1912y0oZ1919 , o 1991 0 li
By: .
(o — — David M.Carey,Assistant Secretary C w
g cc State of PENNSYLVANIA ss
2 rn County of MONTGOMERY o
w , On this 10th day of May , 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 3
o m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes-=
0> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >g
m
ct
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. a0
CO
o �( PAS), =
tPgpN. F� Commonwealth of Pennsylvania-Notary Seal �-
0 tt,Q , Q.1 C' Teresa Pastella,Notary Public 4).�
ai r" U �' Montgomery County y��� - E
o,tea) 4P My commission expires March 28,2025 By: /('iQ%LC (tom/ � N
C t`6 L v Commission number 1126044
N,., n",°k 7g9t.,, C, Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public Q O
coca 07'
-acm ? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3°o
E. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a
no Ea_:? ARTICLE IV-OFFICERS:Section 12.Power of Attorney. `-0
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the c CD
72 c�i President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety co—
CO> C any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall c 3
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o m
Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the a�rei
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. LL a
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 18TH day of SEPTEMBER, 2024 .
v tNSU4, ox INSV C� tNS(/R
A.Jp'`oµPOii<kt yJPGoaPOrt iP•yr `P4oaPOkt:1yC..
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1912 0 0 1919 0 1991 4. 0 ��
d�SoAc„.. ..,, Z°�NaMPs`-.00 f D1ANP da By:Renee C.Llewellyn,Assistant Secretary
8i> * t,N y1 * to .41 * >4
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
FORM 8-INSURANCE AND BONDING REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure
and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design
Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance
provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,
where appropriate,require similar waivers of subrogation from the County's separate Vendors,Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf
of Collier County",or,the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a
severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with
the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-
insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on
the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Vendor's sole responsibility.
Coverageb)shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
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 Vendor from its insurer and nothing contained herein
shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any
policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated
to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverageW required herein,the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverage(I and charge the Vendor for such
coverage)purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand,
the County has the right to offset these costs from any amount due Vendor under this Agreement or any other
agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor
shall it be responsible for the coverage(s).purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverage(s).shall in no way be construed to be a waiver of any of its rights
under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,
the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10)
calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such
renewal certificate(s)shall be considered justification for the County to terminate any and all contracts.
Co 1iZt
ler County
Procurement Services Division
FORM 9—CONFLICT OF INTEREST AFFIDAVIT
The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County
project affiliated with this solicitation does not pose an organizational conflict as described by one of the three
categories below:
Biased ground rules—The firm has not set the"ground rules" for affiliated past or current Collier County
project identified above (e.g., writing a procurement's statement of work, specifications, or performing
systems engineering and technical direction for the procurement)which appears to skew the competition in
favor of my firm.
Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County
project identified above to evaluate proposals/past performance of itself or a competitor,which calls into
question the contractor's ability to render impartial advice to the government.
Unequal access to information —The firm has not had access to nonpublic information as part of its
performance of a Collier County project identified above which may have provided the contractor (or an
affiliate)with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit,the contractor/vendor must provide the following:
I. All documents produced as a result of the work completed in the past or currently being worked on for the above-
mentioned project;and,
2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-
public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best
of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity
(financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully
disclosed and does not pose an organizational conflict.
- Capital Contractors, LLC
Company Name
63L..
Signature
Adam Ahmad, Managing Member
Print Name and Title
State of Florida
County of Collier
The foregoing instrument was acknowledged before me by means ofJ7-physical presence or 0 online notarization,
this 18th day of September(month), 202_�(year),by :•aAI A _mad .. (name
of person acknowledging). • ?-
i r11146.._
,ovfRY.°,'e F. 7*+71(ri� • l►:Notary Public-State of Florida)
. *, , * .mmissbn HH 145071
N 17 bT Fxpirog fuse,73,2925.-..
(1'*'ad cf ypetioaitlismapkiateitaiissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
Coriir County
Procurement Services Division
FORM 10—VENDOR DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples,Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other
person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby
declares the instructions,purchase order terms and conditions,requirements,and specifications/scope of work of this
solicitation have been fully examined and accepted.
The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents
listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods
and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-
vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 18th day of September,2024in
the County of Collier ,in the State of Florida .
Firm's Legal Capital Contractors, LLC
Name:
Address: 9010 Strada Steil Ct. Ste 108
City,State,Zip Naples, Florida 34109
Code:
Florida
Certificate of
Authority
Document
Number
Federal Tax 37-1858650
Identification
Number
*CCR#or
CAGE Code
*Only if Grant
Funded
Telephone: 239-273-8894
Email: adam.ahmad@capitalengr.com
Signature by:
(Typed and
written)
Title: Adam Ahmad, Managing Member
Additional Contact Information
Send payments to: Capital Contractors, LLC
(required if different Company name used as payee
from above)
Contact name:
Title:
Address:
City,State,ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required if different
from above)
Contact name:
Title:
Address:
City,State,ZIP
Telephone:
Email:
Secondary Contact for
this Solicitation:
Email:
Phone:
Co Ter County
Procurement Services Division
FORM I I-IMMIGRATION AFFIDAVIT CERTIFICATION
This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with
formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide
acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence
consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify
Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's
bid or within five(5)day of the County's Notice of Recommend Award.
FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S
PROPOSAL./BID MAY DEEM THE VENDOR NON-RESPONSIVE.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized
alien workers,constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section
274A(e)of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the[NA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration
Act and subsequent Amendment(s))that it is aware of and in compliance with the requirements set forth in Florida
Statutes 0448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and
to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of
the Vendor's proposal/bid.
Capital Contractors. LLC
Company Name
_.......... Signature
Adam Ahmed, Managing Member.._..
Print Name and Title
State of_Florida
County of Collier
The foregoing instrument was acknowledged before me by means ofiXphysical presence or 0 online notarization,
this 1„8th day of September(month),2024 (year),by Adam Ahmed (name
of person acknowledging). •
,
vt°1.4 FRIRNELSAINTL U ignat e Q ota Pu is-State of 'lorida)
Commission t NH 1450 1
E ices June 23,2025
"Fern.e. fitftritifi4bitiOrdu9Vamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
Collier County Business Tax 2021/2022 Renewal Notice BTX# 170281
If Paid By Sep 30, 2021 Oct 31, 2021 Nov 30, 2021 Dec 31,3200221 0 Jan 31, 2022 4 22
Please Pay 30.00 33.00
**IMPORTANT REMINDER** RENEW YOUR CONTRACTORS LICENSE BEFORE SEPTEMBER 30TH OF EACH YEAR
� NOTICE-PLEASE READ CAREFULLY*'**Anytime your location changes,you will need to notify the Business Tax,Zoning Dept.,Fire Dept.or Health Dept.
_
to make sure you conform to all applicable restrictions. If your commercial location has changed and you are in the unincorporated part of Collier County,you
must obtain a new zoning certificate from the Planning Dept. and a new fire inspection before it can be changed on your Business Tax Receipt. Planning
Dept.phone number is(239)252-5603. Contact the Fire Dept.in your district.
If there is a change in ownership,you will be required to provide the following:
Bill of Sale for proof of ownership
k - Copy of Fictitious name registration or Article of Incorporation paper
- Copy of State License(if applicable)
- Previous owners Business Tax Receipt
- Transfer fees
- A new fire inspection is required if the location is commercial. Contact the Fire Department in your district and submit the yellow copy of inspection
with your paperwork. If your change of location is in the City of Naples,please call(239)213-1800 and if Marco Island,call(239)389-5000.
Please Renewal Period: July 1 to September 30,10%Penalty October 1,Additional 5%penalty per month beginning
Retain November 1. Maximum 25%penalty,plus a collection fee not to exceed$10.00
this
portion Renewal payments postmarked after September 300'are subject to penalty.
for your
records If you are no longer in business,you must cancel your tax in writing.
In addition to other penalties provided by law,a 25%penalty of the license amount shall be imposed on any person engaged in any new business,occupation
or profession without first paying your Collier County Business Tax.
Make any corrections to your renewal notice below.(address,misspellings,etc.)
Make Check Payable to: Renewable at the following Location:
Collier County Tax Collector
2800 N. Horseshoe Drive Rm.211 Growth Management Division Bldg.
Naples, FL 34104 2800 N.Horseshoe Dr.,Rm.211, Naples,FL 34104
To Renew Online:
Telephone(239)252-2477
visit our website:www.colliertaxcollector.com
,i,.;,,.r .i''; ,,r m,,,t; BUSINESS TAX RECEIPT NO: 170281
Make Check Payable to:
Collier County Tax Collector Collier County Business Tax 2021/2022 Renewal Notice
If Paid By Sep 30, 2021 I Oct 31, 2021 I Nov 30, 2021 I Dec 31, 2000 21 Jan 31,45 22
22
Please Pay 30.00 33.00
• Legal Form: LLC
ra� Code#:03600101 MUST PROVIDE THE FOLLOWING: Aft Ill MEI 1111 II IIII
Class:ENGINEERING BUSINESS IN OPERATION YES_—so
=sagsmogi on BUSINESS IF No DO NOT CONTINUE.
- County/State Lic#:32121 SIGN AND RETURN
N CAPITAL CONSULTING SOLUTIONS LLC
MdMe
NOM BUSINESS
GE of LoAT1eN YES NO = AHMAD,ADAM N
CAPITAL CONSULTING SOLUTIONS LLC
iluslNlss IN CITY OE NAPLES YES No-.— w 9010 STRADA STELL CT STE 108
eESIorNcc:USED AS OFFICE YES_NO NAPLES FL 34109-4425
CHANGE OE OWNERSHIP YES NO 11Inli1lni1tl1n111u11lrllll1in1ll1l11111i1111lI'II"IIIIIIIr
Location:9010 STRADA STELL CT#108
• Zoned:POD SIC 8748
Date:
Sign: ���{�
I HEREBY DECLARE THE PRECEDING STATEMENTS ARE TRUE AND FACTUAL TO THE BEST OF MY KNOWLEDGE. •t� �J . '•:)o't.,e e,t,
***THIS TAX IS NON-REFUNDABLE*** Gj
Collier County Business Tax 2021/2022 Renewal Notice BTX# 170481
If Paid By Sep 30, 2021 Oct 31, 2021 Nov 30, 2021 Dec 31,202211 Jan 31,0 26 22
22
Please Pay 18.00 19.80
20.70**IMPORTANT REMINDER** RENEW YOUR CONTRACTORS LICENSE BEFORE SEPTEMBER 30TH OF EACH YEAR
NOTICE-PLEASE READ CAREFULLY'**Anytime your location changes,you will need to notify the Business Tax,Zoning Dept.,Fire Dept.or Health Dept.
to make sure you conform to all applicable restrictions. If your commercial location has changed and you are in the unincorporated part of Collier County,you
must obtain a new zoning certificate from the Planning Dept.and a new fire inspection before it can be changed on your Business Tax Receipt. Planning
Dept,phone number is(239)252-5603. Contact the Fire Dept.in your district.
If there is a change in ownership,you will be required to provide the following:
- Bill of Sale for proof of ownership
�.` ! - Copy of Fictitious name registration or Article of Incorporation paper
Fps - Copy of State License(if applicable)
- Previous owners Business Tax Receipt
- Transfer fees
- A new fire inspection is required if the location is commercial. Contact the Fire Department in your district and submit the yellow copy of inspection
with your paperwork. If your change of location is in the City of Naples,please call(239)213-1800 and if Marco Island,call(239)389-5000.
Please Renewal Period: July 1 to September 30, 10%Penalty October 1,Additional 5%penalty per month beginning
Retain November 1. Maximum 25%penalty,plus a collection fee not to exceed$10.00
this
portion Renewal payments postmarked after September 30th are subject to penalty.
for your
records If you are no longer in business,you must cancel your tax in writing.
In addition to other penalties provided by law,a 25%penalty of the license amount shall be imposed on any person engaged in any new business,occupation
or profession without first paying your Collier County Business Tax.
Make any corrections to your renewal notice below.(address, misspellings,etc.)
Make Check Payable to: Renewable at the following Location:
Collier County Tax Collector
2800 N. Horseshoe Drive Rm.211 Growth Management Division Bldg.
Naples, FL 34104 2800 N.Horseshoe Dr., Rm.211, Naples, FL 34104
To Renew Online: Telephone(239)252-2477
visit our website:www.colliertaxcollector.com
R,otr;, ihi .w11cit: BUSINESS TAX RECEIPT NO: 170481
Make Check Payable to:
Collier County Tax Collector Collier County Business Tax 2021/2022 Renewal Notice
If Paid By Sep 30, 2021 Oct 31, 2021 I Nov 30,20211 Dec 31,202211 0 t
Jan 31,26 22
022
Please Pay 18.00 19.80
Legal Form: LLC IIIIIII IIIIIIIIIIIII lilt( IIII�IIIIIII�II1I
- Code#:05100101 MUST PROVIDE THE FOLLOWING:
_, Class:05••GENERAL BUSINESS IN OPERATION YES NO_
MIME_ CONTRACTOR IF NO DO NOT CONTINUE.
CountyiState Lic#:CGC SI(N AND RETURN
1525387 N CAPITAL CONTRACTORS.LLC
1-10 EMPLOYEES CHANGE of I,OC:ATION Yrs NO� AHMAD,ADAM
CAPITAL CONTRACTORS,LLC
BUSINESS IN c:rrY or NAPLES YES NO 9010 STRADA STELL CT STE 108
RESIDENCE USED AS oFTICE YES_._NO NAPLES FL 34109-4425
c;.Ii,axGEOFOWNe:Rsmr YES_NOIfWeirsi 1I1II1I111'I1I1'll1l"11'n1lll1llll1liIhhl1'llll1ll1lllrlllllrll
Location:9010 STRADA STELL CT 4 108
Zoned:PUD SIC 8741
Sign: Date: j (
I HEREBY DECLARE THE PRECEDING STATEMENTS ARE TRUE AND FACTUAL TO THE BEST OF MY KNOWLEDGE. t/ `'t �'t��J ?� PlZ.�
***THIS TAX IS NON-REFUNDABLE*** R
'SC/v Vla
eriFy
gr,
E VERIFY IS A SERVICE OF DHS AND SSA
Company ID Number: 1774103
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR E-VERIFY EMPLOYER AGENTS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security(DHS)and CAPITAL CONTRACTORS,LLC
(E-Verify Employer Agent). The purpose of this agreement is to set forth terms and conditions which the E-Verify
Employer Agent will follow while participating in E-Verify.
E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after
completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding
(MOU)explains certain features of the E-Verify program and describes specific responsibilities of the E-Verify
Employer Agent,the Employer, DHS,and the Social Security Administration (SSA).
The Employer is not a party to this MOU; however,this MOU contains a section titled Responsibilities of the
Employer. This section is provided to inform E-Verify Employer Agents acting on behalf of the Employer of the
responsibilities and obligations their clients are required to meet. The Employer is bound by these
responsibilities through signing a separate MOU during their enrollment as a client of the E-Verify Employer
Agent.The E-Verify program requires an initial agreement between DHS and the E-Verify Employer Agent as part
of the enrollment process. After agreeing to the MOU as set forth herein,completing the tutorial,and obtaining
access to E-Verify as an E-Verify Employer Agent,the E-Verify Employer Agent will be given an opportunity to
add a client once logged into E-Verify.All parties,including the Employer,will then be required to sign and
submit a separate MOU to E-Verify.The responsibilities of the parties remain the same in each MOU.
Authority for the E-Verify program is found in Title IV,Subtitle A,of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996(IIRIRA), Pub. L. 104-208,110 Stat.3009,as amended(8 U.S.C.§ 1324a
note).The Federal Acquisition Regulation (FAR)Subpart 22.18,"Employment Eligibility Verification"and
Executive Order 12989,as amended,provide authority for Federal contractors and subcontractors(Federal
contractor)to use E-Verify to verify the employment eligibility of certain employees working on Federal
contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT
1. The E-Verify Employer Agent agrees to provide to the SSA and DHS the names,titles,addresses,and
telephone numbers of the E-Verify Employer Agent representatives who will be accessing information under E-
Verify and shall update them as needed to keep them current.
Page 1 of 19 E-Verify MOU for E-Verify Employer Agents 1 Revision Date 06/01/13
,f�Ist.MIN I
IIIIIII
is r
E VERIFY IS A SANVICE DS OHS AND SSA
Company ID Number: 1774103
2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and
provide a copy of the most current version of the E-Verify User Manual to the Employer so that the Employer
can become familiar with and comply with E-Verify policy and procedures.The E-Verify Employer Agent
agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised
version to the Employer no later than 30 days after the manual becomes available.
3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most
recent E-Verify policy and procedures.
4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will perform
employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases.
a. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take the
refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify,including
any tutorials for Federal contractors,if any of the Employers represented by the E-Verify Employer Agent is
a Federal contractor.
b. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer from
continued use of E-Verify.
5. The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify
access. The E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee
is separated from the company or no longer needs access to E-Verify.
6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E-Verify as required by the
E-Verify rules and regulations as modified from time to time.
7. The E-Verify Employer Agent agrees to,consistent with applicable laws,regulations,and policies,commit
sufficient personnel and resources to meet the requirements of this MOU.
8. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes,policies,and
procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as
needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents.
9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.1
below.
10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance
with the E-Verify Manual,the E-Verify Web-Based Tutorial and all other published E-Verify rules and
procedures. The E-Verify Employer Agent will create E-Verify cases using information provided by the
Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily
unavailable,the three-day time period will be extended until it is again operational in order to accommodate
the E-Verify Employer Agent's attempting,in good faith,to make inquiries on behalf of the Employer during
the period of unavailability.
Page 2 of 19 E-Verify MOU for E-Verify Employer Agents Revision Date 06/01/13
NW
,,,.rA, 0 fitI,
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E-VERIFY IS A SERVICE OF DNS AND SSA
Company ID Number: 1774103
11.When the E-Verify Employer Agent receives notice from a client company that it has received a contract
with the FAR clause,then the E-Verify Employer Agent must update the company's E-Verify profile within 30
days of the contract award date.
12.If data is transmitted between the E-Verify Employer Agent and its client,then the E-Verify Employer
Agent agrees to protect personally identifiable information during transmission to and from the E-Verify
Employer Agent.
13.The E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal
information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@uscis.dhs.gov. Please use"Privacy Incident-Password"in the subject line of your email when
sending a breach report to E-Verify.
14.The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring
and evaluation of E-Verify,including permitting DHS, SSA,their contractors and other agents, upon
reasonable notice,to review Forms 1-9, employment records,and all records pertaining to the E-Verify
Employer Agent's use of E-Verify,and to interview it and its employees regarding the use of E-Verify, and to
respond in a timely and accurate manner to DHS requests for information relating to their participation in
E-Verify.
15.The E-Verify Employer Agent shall not make any false or unauthorized claims or references about its
participation in E-Verify on its website,in advertising materials,or other media. The E-Verify Employer Agent
shall not describe its services as federally-approved,federally-certified,orfederally-recognized,or use
language with a similar intent on its website or other materials provided to the public. Entering into this MOU
does not mean that E-Verify endorses or authorizes your E-Verify Employer Agent services and any claim to
that effect is false.
16.The E-Verify Employer Agent shall not state in its website or other public documents that any language
used therein has been provided or approved by DHS, USCIS or the Verification Division,without first obtaining
the prior written consent of DHS.
17.The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS(see M-795(Web))and,other than pursuant to the specific terms of such license, may not be used
in any manner that might imply that the E-Verify Employer Agent's services, products,websites,or
publications are sponsored by,endorsed by, licensed by,or affiliated with DHS, USCIS,or E-Verify.
18.The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU,the E-Verify Employer Agent may be subject to appropriate legal action and
termination of its participation in E-Verify according to this MOU.
B.RESPONSIBILITIES OF THE EMPLOYER
The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by
the E-Verify Employer Agent carry out the following responsibilities. It is the E-Verify Employer Agent's
responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures.
Page 3 of 19 E-Verify MOU for E-Verify Employer Agents 1 Revision Date 06/01/13
NTx P},Sf(•t
3,, 11111,
,1 ,
kV.I.MA SkNVICk Of DNti AND 514
Company ID Number: 1774103
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly
visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names,titles,addresses,and telephone numbers
of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such
information current by providing updated information to SSA and DHS whenever the representatives'contact
information changes.
3. The Employer shall become familiar with and comply with the most recent version of the E-Verify User
Manual.The Employer will obtain the E-Verify User Manual from the E-Verify Employer Agent.
4. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions:
a. If an employee presents a "List B"identity document,the Employer agrees to only accept"List B"
documents that contain a photo. (List B documents identified in 8 C.F.R.§274a.2(b)(1)(B))can be
presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons,the Employer should contact E-Verify at 1-888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card),Form 1-766
(Employment Authorization Document),or U.S. Passport or Passport Card to complete Form 1-9,the
Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9.The Employer will use the photocopy to verify the photo and to assist DHS with its review of
photo mismatches that employees contest. DHS may in the future designate other documents that
activate the photo screening tool.
Note:Subject only to the exceptions noted previously in this paragraph,employees still retain the right to
present any List A,or List B and List C,document(s)to complete the Form 1-9.
5. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the
screen containing the case verification number and attach it to the employee's Form 1-9.
6. The Employer agrees that,although it participates in E-Verify,the Employer has a responsibility to
complete,retain,and make available for inspection Forms 1-9 that relate to its employees,or from other
requirements of applicable regulations or laws,including the obligation to comply with the antidiscrimination
requirements of section 274B of the INA with respect to Form 1-9 procedures.
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos,as described in paragraph 4 above;(2)When an Employer confirms
the identity and employment eligibility of newly hired employee using E-Verify procedures,the Employer
establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of the Immigration and
Nationality Act(INA)with respect to the hiring of that employee; (3) If the Employer receives a final
nonconfirmation for an employee, but continues to employ that person,
Page 4 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13
C-VERIFY ISA SERVICE OF DNS AND SSA
Company ID Number: 1774103
the Employer must notify DHS and the Employer is subject to a civil money penalty between$550 and
$1,100 for each failure to notify DHS of continued employment following a final nonconfirmation;(4) If the
Employer continues to employ an employee after receiving a final nonconfirmation,then the Employer is
subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A);and (5) no E-Verify participant is civilly or criminally liable under any law for any
action taken in good faith based on information provided through the E-Verify.
b. DHS reserves the right to conduct Form 1-9 compliance inspections,as well as any other enforcement
or compliance activity authorized by law,including site visits,to ensure proper use of E-Verify.
7. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired,
meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed.The
Employer agrees to create an E-Verify case for new employees within three Employer business days after each
employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed),and to complete as
many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is
temporarily unavailable,the three-day time period will be extended until it is again operational in order to
accommodate the Employer's attempting, in good faith,to make inquiries during the period of unavailability.
8. The Employer agrees not to use E-Verify for pre-employment screening of job applicants,in support of any
unlawful employment practice,or for any other use that this MOU or the E-Verify User Manual does not
authorize.
9. The Employer must use E-Verify(through its E-Verify Employer Agent)for all new employees. The Employer
will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers
who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this
MOU.
10.The Employer agrees to follow appropriate procedures(see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them
with the notice and letter containing information specific to the employee's E-Verify case. The Employer
agrees to provide both the English and the translated notice and letter for employees with limited English
proficiency to employees. The Employer agrees to provide written referral instructions to employees and
instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow
employees to contest the finding,and not take adverse action against employees if they choose to contest the
finding,while their case is still pending. Further,when employees contest a tentative nonconfirmation based
upon a photo mismatch,the Employer must take additional steps
(see Article I II.B below)to contact DHS with information necessary to resolve the challenge.
11.The Employer agrees not to take any adverse action against an employee based upon the employee's
perceived employment eligibility status while SSA or DHS is processing the verification request unless the
Employer obtains knowledge(as defined in 8 C.F.R.§274a.1(l))that the employee is not work authorized.The
Employer understands that an initial inability of the SSA or DHS automated verification system to verify work
authorization,a tentative nonconfirmation,a case in continuance
(indicating the need for additional time for the government to resolve a case),or the finding of a photo
Page 5 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13
...
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E-VERIFY IS A SERVICE OF OHS AND SSA
Company ID Number: 1774103
mismatch,does not establish,and should not be interpreted as,evidence that the employee is not work
authorized. In any of such cases,the employee must be provided a full and fair opportunity to contest the
finding,and if he or she does so,the employee may not be terminated or suffer any adverse employment
consequences based upon the employee's perceived employment eligibility status
(including denying,reducing,or extending work hours,delaying or preventing training, requiring an employee
to work in poorer conditions,withholding pay, refusing to assign the employee to a Federal contract or other
assignment,or otherwise assuming that he or she is unauthorized to work)until and unless secondary
verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee
does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is
completed and a final nonconfirmation is issued,then the Employer can find the employee is not work
authorized and terminate the employee's employment. Employers or employees with questions about a final
nonconfirmation may call E-Verify at 1-888-464-4218(customer service)or 1-888-897-7781 (worker hotline).
12. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as
applicable by not discriminating unlawfully against any individual in hiring,firing,employment eligibility
verification,or recruitment or referral practices because of his or her national origin or citizenship status,or by
committing discriminatory documentary practices.The Employer understands that such illegal practices can
include selective verification or use of E-Verify except as provided in part D below,or discharging or refusing to
hire employees because they appear or sound "foreign"or have received tentative nonconfirmations.The
Employer further understands that any violation of the immigration-related unfair employment practices
provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards,and other
sanctions,and violations of Title VII could subject the Employer to back pay awards,compensatory and
punitive damages.Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,it
should contact OSC at 1-800-255-8155 or 1-800-237-2515(TDD).
13. The Employer agrees that it will use the information it receives from E-Verify(through its E-Verify Employer
Agent)only to confirm the employment eligibility of employees as authorized by this MOU.The Employer
agrees that it will safeguard this information,and means of access to it(such as PINS and passwords),to
ensure that it is not used for any other purpose and as necessary to protect its confidentiality,including
ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU,except for such dissemination as may be authorized in
advance by SSA or DHS for legitimate purposes.
14. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches
are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed
breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@uscis.dhs.gov. Please use
"Privacy Incident-Password"in the subject line of your email when sending a breach report to E-Verify.
15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent from
SSA is governed by the Privacy Act(5 U.S.C.§552a(i)(1)and (3))and the Social Security Act(42 U.S.C. 1306(a)).
Any person who obtains this information under false pretenses or uses it for any purpose other than as
provided for in this MOU may be subject to criminal penalties.
Page 6 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13
MS 10, VT.'1-,
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E.VERIFY 15 A SERVICE OF DNS AND SSA
Company ID Number: 1774103
16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of
E-Verify(whether directly or through their E-Verify Employer Agent),which includes permitting DHS,SSA,
their contractors and other agents,upon reasonable notice,to review Forms 1-9 and other employment
records and to interview it and its employees regarding the Employer's use of E-Verify,and to respond in a
prompt and accurate manner to DHS requests for information relating to their participation in E-Verify.
17. The Employer shall not make any false or unauthorized claims or references about its participation in
E-Verify on its website,in advertising materials,or other media.The Employer shall not describe its services
as federally-approved,federally-certified,orfederally-recognized,or use language with a similar intent on
its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify
endorses or authorizes your E-Verify services and any claim to that effect is false.
18. The Employer shall not state in its website or other public documents that any language used therein
has been provided or approved by DHS,USCIS or the Verification Division,without first obtaining the prior
written consent of DHS.
19. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS
(see M-795(Webl) and,other than pursuant to the specific terms of such license,may not be used in any
manner that might imply that the Employer's services,products,websites,or publications are sponsored
by,endorsed by,licensed by,or affiliated with DHS, USCIS,or E-Verify.
20. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized
by this MOU,the Employer may be subject to appropriate legal action and termination of its participation in
E-Verify according to this MOU.
C. RESPONSIBILITIES OF FEDERAL CONTRACTORS
The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented
by the E-Verify Employer Agent carry out the following responsibilities if the Employer is a federal contractor
or becomes a Federal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify
Employer Agent informed about any changes or updates related to federal contracts. It is the E-Verify
Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and
procedures.
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification
terms in Subpart 22.18 of the FAR,it will become familiar with and comply with the most current version of
the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal
Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU,the Employer understands that
if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must
verify the employment eligibility of any"employee assigned to the contract" (as defined in FAR 22.1801).Once
an employee has been verified through E-Verify by the Employer,the Employer may not reverify the employee
through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award
must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
Page 7 of 19 E-Verify MOU for E-Verify Employer Agents Revision Date 06/01/13
erily
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E-OSAIFY IS A SERVICE OF OHS AND SSA
Company ID Number: 1774103
contract award and,within 90 days of enrollment,begin to verify employment eligibility of new hires using
E-Verify. The Employer must verify those employees who are working in the United States,whether or not
they are assigned to the contract.Once the Employer begins verifying new hires,such verification of new
hires must be initiated within three business days after the hire date.Once enrolled in E-Verify as a Federal
contractor,the Employer must begin verification of employees assigned to the contract within 90 calendar
days after the date of enrollment or within 30 days of an employee's assignment to the contract,
whichever date is later.
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract
award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who
are working in the United States,whether or not assigned to the contract,within three business days after
the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less
at the time of contract award,the Employer must,within 90 days of enrollment, begin to use E-Verify to
initiate verification of new hires of the contractor who are working in the United States,whether or not
assigned to the contract.Such verification of new hires must be initiated within three business days after
the date of hire.An Employer enrolled as a Federal contractor in E-Verify must begin verification of each
employee assigned to the contract within 90 calendar days after date of contract award or within 30 days
after assignment to the contract,whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),state or
local governments,governments of Federally recognized Indian tribes,or sureties performing under a
takeover agreement entered into with a Federal agency under a performance bond may choose to only
verify new and existing employees assigned to the Federal contract.Such Federal contractors may,
however,elect to verify all new hires,and/or all existing employees hired after November 6,1986.
Employers in this category must begin verification of employees assigned to the contract within 90
calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,
whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility
of all existing employees working in the United States who were hired after November 6,1986,instead of
verifying only those employees assigned to a covered Federal contract.After enrollment, Employers must
elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing
employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for
an employee assigned to a contract as long as:
i. That Form 1-9 is complete(including the SSN) and complies with Article 113.6,
ii. The employee's work authorization has not expired,and
iii. The Employer has reviewed the Form 1-9 information either in person or in communications
with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed
(including,but not limited to,a lawful permanent resident alien having become a naturalized U.S.
citizen).
f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form
1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
Page 8 of 19 E-Verify MOU for E-Verify Employer Agents Revision Date 06/01/13
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ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed,or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of the Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Article ll.C.5, but reflects documentation (such as a U.S. passport or Form 1-551)that expired after
completing Form 1-9,the Employer shall not require the production of additional documentation,or use
the photo screening tool described in Article ll.A.5,subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned employee
who has previously been verified as a newly hired employee under this MOU or to authorize verification of
any existing employee by any Employer that is not a Federal contractor based on this Article.
3. The Employer understands that if it is a Federal contractor,its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract,and the Employer
consents to the release of information relating to compliance with its verification responsibilities under this
MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal
contracting requirements.
D. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer(through the E-Verify Employer Agent)
against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the
information in SSA's database.
2. SSA agrees to safeguard the information the Employer provides(through the E-Verify Employer Agent)
through E-Verify procedures. SSA also agrees to limit access to such information,as is appropriate by law,to
individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify
or such other persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C.§
552a),the Social Security Act(42 U.S.C. 1306(a)),and SSA regulations(20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of the
initial inquiry. E-Verify provides the information to the E-Verify Employer Agent.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA
field office within the eight Federal Government work days from the date of referral to SSA,SSA agrees to
update SSA records,if appropriate,within the eight-day period unless SSA determines that more than eight
days may be necessary. In such cases,SSA will provide additional instructions to the employee. If the
employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify
Employer Agent.
Note: If an Employer experiences technical problems,or has a policy question,the employer should contact
E-Verify at 1-888-464-4218.
Page 9 of 19 E-Verify MOU for E-Verify Employer Agents 1 Revision Date 06/01/13
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E.VERIFY ISA SERVICE OF D.A.55,4
Company ID Number: 1774103
E. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer
(through the E-Verify Employer Agent)to conduct,to the extent authorized by this MOU
a. Automated verification checks on alien employees by electronic means,and
b. Photo verification checks(when available) on employees.
2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its
participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names,titles,addresses,and
telephone numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as
an E-Verify User Manual that contain instructions on E-Verify policies,procedures,and requirements for both
SSA and DHS,including restrictions on the use of E-Verify.
4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS
reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer(through the E-Verify Employer Agent) a notice,which indicates the
Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices
issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC),Civil
Rights Division, U.S. Department of Justice.
6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification
number and password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides(through the E-Verify Employer Agent),
and to limit access to such information to individuals responsible for the verification process,for evaluation of
E-Verify,or to such other persons or entities as may be authorized by applicable law. Information will be used
only to verify the accuracy of Social Security numbers and employment eligibility,to enforce the INA and
Federal criminal laws,and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides(in conjunction with SSA
verification procedures)confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records)for employees
who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations.This provides
final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government
work days of the date of referral to DHS,unless DHS determines that more than 10 days may be necessary. In
such cases,DHS will provide additional verification instructions.
Page 10 of 19 E-Verify MOU for E-Verify Employer Agents Revision Date 06/01/13
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ARTICLE III
REFERRAL OF INDIVIDUALS TO SSAAND DHS
The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented
by the E-Verify Employer Agent carry out the following responsibilities. It is the E-Verify Employer Agent's
responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures.
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the tentative
nonconfirmation notice as directed by E-Verify.The Employer must promptly notify employees in private of the
finding and provide them with the notice and letter containing information specific to the employee's E-Verify
case. The Employer also agrees to provide both the English and the translated notice and letter for employees
with limited English proficiency to employees. The Employer agrees to provide written referral instructions to
employees and instruct affected employees to bring the English copy of the letter to the SSA.The Employer
must allow employees to contest the finding,and not take adverse action against employees if they choose to
contest the finding,while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative
nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the
employee may determine whether he or she will contest the tentative nonconfirmation.
3. After a tentative nonconfirmation,the Employer will refer employees to SSA field offices only as directed by
E-Verify. The Employer must record the case verification number,review the employee information submitted
to E-Verify to identify any errors,and find out whether the employee contests the tentative nonconfirmation.
The Employer will transmit the Social Security number,or any other corrected employee information that SSA
requests,to SSA for verification again if this review indicates a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days.
SSA will electronically transmit the result of the referral to the Employer(through the E-Verify Employer Agent)
within 10 Federal Government work days of the referral unless it determines that more than 10 days is
necessary.
5. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration
number database(the Numident)or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must promptly notify
employees in private of the finding and provide them with the notice and letter containing information specific
to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated
notice and letter for employees with limited English proficiency to employees.The Employer must allow
employees to contest the finding,and not take adverse action against employees if they choose to contest the
finding,while their case is still pending.
Page 11 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13
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2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation.
Only the employee may determine whether he or she will contest the tentative nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative
nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS,the Employer will instruct the
employee to contact DHS through its toll-free hotline(as found on the referral letter)within eight Federal
Government work days.
5. If the Employer finds a photo mismatch,the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations,generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch,the Employer will send a copy of the employee's Form 1-551, Form 1-766,U.S. Passport,or passport
card to DHS for review by:
a. Scanning and uploading the document,or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch,the
Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The
Employer agrees to resolve the case as specified by the DHS representative who will determine the photo
match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer(though the E-Verify Employer
Agent)within 10 Federal Government work days of the referral unless it determines that more than 10 days is
necessary.
9. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer or the E-Verify Employer Agent for verification services performed
under this MOU.The E-Verify Employer Agent is responsible for providing equipment needed to make inquiries.
To access E-Verify,an E-Verify Employer Agent will need a personal computer with Internet access.
Page 12 of 19 E-Verify MOU for E-Verify Employer Agents Revision Date 06/01/13
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ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA
and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties.
2. Any and all E-Verify system enhancements by DHS or SSA,including but not limited to E-Verify checking
against additional data sources and instituting new verification policies or procedures,will be covered under
this MOU and will not cause the need for a supplemental MOU that outlines these changes.
B. TERMINATION
1. The E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30
days prior written notice to the other parties. In addition,any Employer represented by the
E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days'written notice.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU,and thereby the
E-Verify Employer Agent's participation in E-Verify,with or without notice,at anytime if deemed necessary
because of the requirements of law or policy,or upon a determination by SSA or DHS that there has been a
breach of system integrity or security by the E-Verify Employer Agent or the Employer,or a failure on the
part of either party to comply with established E-Verify procedures and/or legal requirements.The Employer
understands that if it is a Federal contractor,termination of this MOU by any party for any reason may
negatively affect the performance of its contractual responsibilities.Similarly,the Employer understands
that if it is in a state where E-Verify is mandatory,termination of this by any party MOU may negatively affect
the Employer's business.
3. An E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU for that
Employer when the Federal contract that requires its participation in E-Verify is terminated or completed.
In such cases,the E-Verify Employer Agent must provide written notice to DHS. If the
E-Verify Employer Agent fails to provide such notice,then that Employer will remain an E-Verify participant,
will remain bound by the terms of this MOU that apply to non-Federal contractor participants,and will be
required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees.
4. The E-Verify Employer Agent agrees that E-Verify is not liable for any losses,financial or otherwise,if the
E-Verify Employer Agent or the Employer is terminated from E-Verify.
Page 13 of 19 E-Verify MOU for E-Verify Employer Agents 1 Revision Date 06/01/13
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ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s),and SSA and
DHS may adjust verification responsibilities between each other as necessary. By separate agreement with
DHS,SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended,or should be construed,to create any right or benefit,substantive or
procedural,enforceable at law by any third party against the United States,its agencies,officers,or
employees,or against the E-Verify Employer Agent,its agents,officers,or employees.
C. The E-Verify Employer Agent may not assign,directly or indirectly,whether by operation of law,change of
control or merger,all or any part of its rights or obligations under this MOU without the prior written consent
of DHS,which consent shall not be unreasonably withheld or delayed. Any attempt to sub-license,assign,or
transfer any of the rights,duties,or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or related
to E-Verify or this MOU,whether civil or criminal,and for any liability where from,including(but not limited
to) any dispute between the Employer and any other person or entity regarding the applicability of Section
403(d)of IIRIRA to any action taken or allegedly taken by the Employer.
E. The E-Verify Employer Agent understands that its participation in E-Verify is not confidential information
and may be disclosed as authorized or required by law and DHS or SSA policy,including but not limited to,
Congressional oversight,E-Verify publicity and media inquiries,determinations of compliance with Federal
contractual requirements,and responses to inquiries under the Freedom of Information Act(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU
on behalf of the E-Verify Employer Agent and DHS respectively.The E-Verify Employer Agent understands that
any inaccurate statement,representation,data or other information provided to DHS may subject the
Employer or the E-Verify Employer Agent,as the case may be,its subcontractors,its employees,or its
representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2)immediate
termination of its MOU and/or;(3) possible debarment or suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the E-Verify Employer
Agent. If you have any questions,contact E-Verify at 1-888-464-4218.
Page 14 of 19 E-Verify MOU for E-Verify Employer Agents Revision Date 06/01/13
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E-VLRIFY IS A SERVICE OF DNS ANU SOS
Company ID Number: 1774103
Approved by:
E-Verify Employer Agent Employer
CAPITAL CONTRACTORS, LLC
Name(Please Type or Print) Title
Adam Ahmad
Signature Date
Electronically Signed 01/04/2022
Department of Homeland Security-Verification Division
Name(Please Type or Print) Title
USCIS Verification Division
Signature Date
Electronically Signed 01/04/2022
Page 15 of 19 E-Verify MOU for E-Verify Employer Agents 1 Revision Date 06/01/13
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E VEDIFV IS A DENVMME OF DNS AND NSA
Company ID Number: 1774103
Information Required for the E-Verify Program
Information relating to your Company:
CAPITAL CONTRACTORS, LLC
Company Name
9010 STRADA STELL CT.
SUITE 108
NAPLES, FL 34109
Company Facility Address
Company Alternate Address
County or Parish COLLIER
Employer Identification Number 371858650
North American Industry
Classification Systems Code 237
Parent Company
Number of Employees 1 to 4
Number of Sites Verified for 1 site(s)
Page 16 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13
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Company ID Number: 1774103
Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State:
FL 1
Page 17 of 19 E-Verify MOU for E-Verify Employer Agents 1 Revision Date 06/01/13
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Company ID Number: 1774103
Information relating to the Program Administrator(s)for your Company on policy questions or operational
problems:
Name Adam Ahmad
Phone Number 2392738894
Fax
Email info( caoitalenar.com
Name Adam Ahmad
Phone Number 2392738894
Fax
Email infona caoitalenar.com
Page 18 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13
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Company ID Number: 1774103
This list represents the first 20 Program Administrators listed for this company.
Page 19 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13
DP/ISMS C)F CORPORATIONS
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Department of State / Division of Corporations / Search Records / search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
CAPITAL CONTRACTORS, LLC
Filing Information
Document Number L17000100343
FEI/EIN Number 37-1858650
Date Filed 05/05/2017
State FL
Status ACTIVE
Principal Address
9010 Strada Steil Ct., Suite 108
Naples, FL 34109
Changed: 03/18/2020
Mailing Address
9010 Strada Stell Ct.
Suite 108
Naples, FL 34119
Changed: 01/20/2022
Registered Agent Name&Address
AHMAD,ADAM
9010 Strada Stell Ct
Suite 108
NAPLES, FL 34109
Address Changed:01/20/2022
Authorized Person(a)Detail
Name&Address
Title AMBR
Ahmad,Adam
9010 STRADA STELL CT.
SUITE 108
NAPLES, FL 34109
Annual Reports
Report Year Filed Date
2022 01/20/2022
2023 02/01/2023
2024 02/01/2024
Document Images
02/01/2024--ANNUAL REPORT View image in PDF format
02/01/2023—ANNUAL REPORT View image in PDF format
91/20/2022--ANNUAL REPORT View image in PDF format
03/15/2021--ANNUAL REPORT View image in PDF format
03/18/2020--ANNUAL REPORT View image in PDF format
02/13/2019--ANNUAL REPORT View image in PDF format
03/07/2018—ANNUAL REPORT View image in PDF format
05/05/2917—Florida Limited Liability, View image in PDF format
2024 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT#L17000100343 Feb 01, 2024
Entity Name: CAPITAL CONTRACTORS, LLC Secretary of State
Current Principal Place of Business: 6738921850CC
9010 STRADA STELL CT.,SUITE 108
NAPLES, FL 34109
Current Mailing Address:
9010 STRADA STELL CT.
SUITE 108
NAPLES, FL 34119 US
FEI Number: 37-1858650 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
AHMAD,ADAM
9010 STRADA STELL CT
SUITE 108
NAPLES,FL 34109 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail :
Title AMBR
Name AHMAD,ADAM
Address 9010 STRADA STELL CT.
SUITE 108
City-State-Zip: NAPLES FL 34109
I hereby certify that the information Indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and
that my name appears above,or on an attachment with all other like empowered.
SIGNATURE:ADAM AHMAD MANAGING MEMBER 02/01/2024
Electronic Signature of Signing Authorized Person(s)Detail Date
" ; STATE OF FLORIDA
'��� DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
fk 2601 BLAIR STONE ROAD
`\fiery _. .,, ` TALLAHASSEE FL 32399-0783
Congratulations! With this license you become one of
the nearly one million Floridians licensed by the
Department of Business and Professional Regulation.
Our professionals and businesses range from architects
to yacht brokers,from boxers to barbeque restaurants, STATE OF FLORIDA DEPARTMENT
and they keep Florida's economy strong. '"\'. OF BUSINESS AND PROFESSIONAL
� � REGULATION
Every day we work to improve the way we do business
in order to serve you better. For information about our CGC1525387ISSUED:08/05/2024
CERTIFIED
GENERAL CONTRACTOR
services, please log onto www.myfloridalicense.com. AHMAD,ADAM
There you can find more information about our CAPITAL CONTRACTORS,LLC
divisions and the regulations that impact you, subscribe
to department newsletters and learn more about the
Department's initiatives. signature
LICENSED UNDER CHAPTER 489,FLORIDA STATUTES
Our mission at the Department is: License Efficiently, EXPIRATION DATE: AUGUST 31,2026
Regulate Fairly. We constantly strive to serve you
better so that you can serve your customers.Thank you
for doing business in Florida, and congratulations on
your new license!
Ron DeSantis,Governor Melanie S.Griffin,Secretary
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
LICENSE NUMBER: CGC1525387 EXPIRATION DATE: AUGUST 31,2026
THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 489, FLORIDA STATUTES
ii .. j❑
AHMAD, ADAM ❑ .�
•
CAPITAL CONTRACTORS, LLC }f;'� `4
9010 STRADA STELL COURT } A1't.
SUITE 108 L
NAPLES FL 34109 ■❑ z.
ISSUED:08/05/2024 Always verify licenses online at MyFloridaLicense.com
Do not alter this document in any form.
This is your license.It is unlawful for anyone other than the licensee to use this document.
Form *aRequest for Taxpayer Give Form to the
(Rev.October 2018) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service O.Go to www.irs.gov/ForrnW9 for instructions and the latest information.
1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Capital Contractors, LLC
2 Business name/disregarded entity name,if different from above
r, 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
rn following seven boxes. certain entities,not individuals;see
ro a instructions on page 3):
p n Individual/sole proprietor or ❑ C Corporation ❑ S Corporation 0 Partnership ❑ Trust/estate
c b single-member LLC Exempt payee code(If any)
'�`� Q Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►S
p ,g Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
c e LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
C code(if any)
another LLG that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
n u!E Is disregarded from the owner should check the appropriate box for the tax classification of its owner.
? ❑ Other(see instructions)► (MPrias to accounts mdntalrad outside the U.S.)
N 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
$ 9010 Strada Steil Ct, Suite 108
8 City,state,and ZIP code
Naples, Florida 34109
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given online 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - -
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN, later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer Identification number
Number To Give the Requester for guidelines on whose number to enter. 3 7 1 8 5 p(7 6 5 0
Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be Issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax retum.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign_the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of /" ) 9!3/20
Here U.S.person I* Dato►
General Instructi ns •Form 1099-DIV(dividends,including those from stocks or mutual
��(� funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.govlFormW9. •Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information retum.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)
Email: Rita.Iglesias@colliercountyfl.gov
7YU1T�1>`y Telephone:(239)252-1033
Procurement Services Division
Addendum #1.
Date: September 4, 2024
From: Rita Iglesias, Procurement Strategist
To: Interested Bidders
Subject: Addendum#1 Solicitation#24-8278 Hurricane Ian Repairs-Clam Pass Parking Lot
Wall
This Addendum has been issued for the following items identifying clarifications,changes,deletions,
and/or additions to the original solicitation documents and bid schedule for the above referenced
solicitation:
Change 1: Extend Bid Opening date.
BID OPENING to Wednesday,September 18,2024 at 3:00
DAY/DATE/TIME: PM EST
If you require additional information,please post a question on our OpenGov
(I ttpsa�,procurement.opengov.com)bidding platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal for the above
referenced solicita
----- (I lie izq
tg Date
C;pkic(Nameom)
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Roger Riggs Construction Superintendent
Fritznel Saint Louis Project Manager
12
Construction Services Agreement:[2024_ver.3]
EXHIBIT B-3: INSURANCE REQUIREMENTS
(Following This Page)
15
Construction Services Agreement:[2024_ver.3]
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies
duly authorized to do business in the State of Florida as set forth herein. The Contractor shall procure and
maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Contractor waive against each other and the County's separate Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's
separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar
waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability
insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County", or the specific solicitation number/contract number and title. The
General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall
contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board
of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County
Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project
Number, or specific Project description, or must read: For any and all work performed on behalf of Collier
County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth herein
with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor
has any self-insured retentions or deductibles under any of the below listed minimum required coverage,
Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions
or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured
retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without
interruption from the date of commencement of the Work until the date of completion and acceptance of the
scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its
insurance carrier shall provide thirty(30)days written notice to the County of policy cancellation or non-renewal
on the part of the insurance carrier or the Contractor. The Contractor shall also notify the 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. In the event of a reduction in the aggregate limit
of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge
the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs
within thirty (30) days after demand, the County has the right to offset these costs from any amount due
Contractor under this Agreement or any other agreement between the County and Contractor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work,the Contractor shall furnish to the County renewal or replacement Certificate(s)of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to
provide the County with such renewal certificate(s) shall be considered justification for the County to terminate
any and all contracts.
[2024_ver.1]
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers'Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required.Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption.An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. ®Employer's Liability $_1,000,000_single limit per occurrence
3. ®Commercial General Bodily Injury and Property Damage
Liability(Occurrence
Form)patterned after the $_1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury
current ISO form 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.
4. ®Indemnification To the maximum extent permitted by Florida law, the ContractorNendor 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,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone
employed or utilized by the ContractorNendor in the performance of this Agreement.
5. ®Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage.
Owned/Non-owned/Hired;Automobile Included
6. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
0 Pollution $ Per Occurrence
0 Professional Liability $ Per claim&in the aggregate
❑Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
0 Cyber Liability $ Per Occurrence
0 Technology Errors&Omissions $ Per Occurrence
1. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'
check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or
proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
2. n Performance and For projects in excess of $200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award, and written for 100%of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided, however,the surety
shall be rated as "A-" or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5%of the reported policy holders' surplus, all as reported in the most current Best
Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New
York,New York 10038.
3. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
4. ® Collier County must be named as"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 Vendor's policy shall be
endorsed accordingly.
5. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates
of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For
any and all work performed on behalf of Collier County.
6. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295
Tamiami Trail East,Naples,FL 34112
7. ® Thirty(30)Days Cancellation Notice required.
8. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed
necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor.
Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project
proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier
County Risk Management Division.
GG—6/7/24
Vendor's Insurance Acceptance
By submission of the bid Vendor accepts and understands the insurance requirements of these specifications,agrees
to maintain these coverages through the duration of the agreement and/or work performance period,and that the
evidence of insurability may be required within five(5)days of notification of recommended award of this
solicitation.
CAO
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
(Template Form Following This Page)
16
Construction Services Agreement:[2024_ver.3]
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]
EXHIBIT D-1
CONTRACTOR APPLICATION FOR PAYMENT FORM
(Template Form Following This Page)
17
Construction Services Agreement: [2024_ver.3]
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 ok
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]
EXHIBIT D-2
SCHEDULE OF VALUES
(Template Form Following This Page)
18
Construction Services Agreement:[2024_ver.3]
Exhibit D-2
Schedule of Values
PROJECT NAME: PROJECT NUMBER:
DATE:
PERIOD TO:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% % TOTAL
NUMBER VALUE MATERIALS COMPLETED 3 COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS STORED TO (reduced rate) WITHHELD
THRU DATE* SINCE DATE PERIOD DATE
'The Thru Dale is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play.If this happens,all information up to the date of the%change in retainage is placed in the Thru Date
column.Information after that date is placed in the Since Date column.This states what has happended since the change in retainage.
(2024_ver.1]
EXHIBIT D-3
STORED MATERIALS
(Template Form Following This Page)
19
Construction Services Agreement:[2024_ver.3]
Exhibit D-3
Stored Materials Record
PROJECT NAME: PROJECT NUMBER:
DATE:
PERIOD TO:
................................................................................................................................
PREVIOUSLY RECEIVED THIS PREVIOUSLY INSTALLED THIS BALANCE TO
DATE DESCRIPTION SUPPLIER INVOICE NUMBER RECORDED(A) PERIOD(B) INSTALLED(C) PERIOD(D) INSTALL(E)
Balance to Install(E)is calculated by:Previously Recorded(A)+Received this Period(B)-Previously Installed(C)-Installed this Period(D). [2024_ver.1]
EXHIBIT E-1: CHANGE ORDER
(Template Form Following This Page)
20
Construction Services Agreement:[2024_ver.3]
Co ier 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°%o 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°%o %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; ❑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)
Co ter 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)
co T 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.mvflorida.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/Consultant/Vendor
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)
CO Ter Cvu11ty
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 4 of 4
Change Order Form(2024_ver.1)
EXHIBIT E-2:
WORK DIRECTIVE FORM
(Template Form Following This Page)
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Construction Services Agreement:[2024_ver.3]
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
[2024 ver.1]
EXHIBIT F-1
CERTIFICATE OF SUBSTANTIAL COMPLETION FORM
(Template Form Following This Page)
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Construction Services Agreement:[2024_ver.3]
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]
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(a�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]
EXHIBIT F-2
CERTIFICATE OF FINAL COMPLETION FORM
(Template Form Following This Page)
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Construction Services Agreement:[2024_ver.3]
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]
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]
EXHIBIT F-3
PUNCH LIST FORM
(Template Form Following This Page)
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Construction Services Agreement:[2024_ver.3]
EXHIBIT F-3 PUNCH LIST FORM
Item Description Value Completion Date Dated Approved
No. by Owner
Subtotal x 150%
[2024_ver.1]
EXHIBIT G-1
FINAL PAYMENT CHECKLIST
(Template Form Following This Page)
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Construction Services Agreement: [2024_ver.3]
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
I I ET 2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one year warranty from Contractor is:
0 �
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
0 issued on (attach to this form).
0 8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
REii 10. Consent of Surety received on
_Q 11. Operating Department personnel notified Project is in operating phase.
�— 12. All Spare Parts or Special Tools provided to Owner:
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]
EXHIBIT G-2
WARRANTY
(Template Form Following This Page)
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Construction Services Agreement:12024_ver.3]
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: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization, or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
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2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be responsible for properly shoring,
supporting, and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three(3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor,within ten (10)calendar days after the Board's award of the Agreement, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for
expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule
shall indicate the dates for starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Managers review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
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limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 At least ten (10)days prior to submitting the monthly Application for Payment,the Contractor
shall submit to the Project Manager a final Schedule of Values. 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. The Contractor shall not submit an unbalanced Schedule of
Values which provides for overpayment to the Contractor on 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 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.
4.2 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.
4.3 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.
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Construction Services Agreement:[2024_ver.3]
4.4 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.
4.5 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.
4.6 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 shal accrue to the benefit of the Owner.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 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.
4.9 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.
4.10 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.
4.11 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-
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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.
4.12 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.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
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 filed or reasonable evidence indicating
probable filing 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 Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 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 vendor or contractor for services performed of for materials delivered in association with
a contract.
5.4 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.
6. FINAL PAYMENT.
6.1 Owner shall make Final Payment to Contractor in accordance with Section 218.735, F.S. and
the terms of the Contract Documents after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to Final Payment, 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
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Construction Services Agreement:[2024_ver.3]
documentation that may be required by the Contract Documents and the Owner. Prior to release of
Final Payment and final retainage, the Contractor's Representative and the Project Manager shall
jointly complete the Final Acceptance and Final Payment Checklist, a representative copy of which
is attached to this Agreement as Exhibit G.
6.2 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.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all 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.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice to Proceed is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
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7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. 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.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
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The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit, and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
(e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As-Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed, or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(a�colliercountvfl.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.
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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.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 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 suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 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.
9.3 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 its 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.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 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
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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.
10.2 A Change Order, in the form attached as Exhibit E 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 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.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by
Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make
a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any
claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping or subcontractor markup.
10.5 Owner, 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.
10.6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be affected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County Procurement
Ordinance, as amended and the terms of the Contract Documents in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
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Construction Services Agreement:[2024_ver.3]
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data
shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of
the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection
10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit, or administrative proceeding, unless otherwise agreed
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight(48) hours of being notified of
the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or if Owner is performing the additional work with Owner's employees) proper and safe
access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work and shall properly connect and coordinate its Work with
theirs. Contractor shall do all cutting,fitting, and patching of the Work that may be required to make
its several parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut
or alter their work with the written consent of the Project Manager and the others whose work will be
affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 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
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and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, 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.
13.2 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, Owner,
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 Owner or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding
Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply
with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
(including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms in this Agreement in order for this Agreement to be enforceable,such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order
for such increases, except to the extent Contractor knew or should have known of such changes
prior to the date of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of 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. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States, including the
requirements set forth in Florida Statute, §448.095.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
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Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Contractor does not comply with providing both the acceptable E-Verify
evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-
responsive.
Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of 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
and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 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
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner'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 Owner.
17. PERMITS, LICENSES AND TAXES.
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17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
17.3 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.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final
judgment to stand against it unsatisfied for more than ten(10) days; or(8) makes an assignment for
the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or
regulations with respect to the Work; or(10) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s)within seven(7)calendar days following receipt
by Contractor of said written notice or such longer period of time as may be consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
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Construction Services Agreement:I2024_ver.3]
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty(120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exdusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents. In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
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Construction Services Agreement:[2024_ver.3]
20. COMPLETION.
Substantial Completion and Development of the Punch List
20.1 Substantial Completion is as defined in the Defined Terms section of 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, induding 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 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.
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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.
20.2 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 estimated to cost more than ten million dollars
($10,000,000.00),the Punch List must be finalized and issued within forty-five
(45) Days after the Substantial Completion date.
(d) 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).
(e) 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 held by Owner less an
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amount equal to 150 percent(150%)of the estimated cost to complete the items
on the Punch List.
(f) 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.
(g) 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.
20.3 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.
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(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 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.
20.4 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.
20.5 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.
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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.
20.6 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.
(c) 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.
21. WARRANTY.
21.1 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, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
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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 written notice from Owner. 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 Owner is entitled as
a matter of law.
21.2 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.
22 TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 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 Project Manager 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 Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and
costs; to the extent such re-inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected,tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation, and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight(8)hour
day and for any work performed on Saturday, Sunday, or holidays.
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22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non-defective Work. Contractor shall bear all direct, indirect, and consequential
costs of such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys, and other professionals) made necessary thereby, and shall hold Owner
harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise required to
be inspected or tested, Contractor, at Project Manager's request, shall uncover,expose or otherwise
make available for observation, inspection or tests as Project Manager may require, that portion of
the Work in question, furnishing all necessary labor, material and equipment. If it is found that such
Work is defective, Contractor shall bear all direct, indirect, and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys, and other
professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,
however, such Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers,
suitable materials or equipment or fails to finish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Project Manager may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project
Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein
shall be construed as obligating the Project Manager to exercise this right for the benefit of Design
Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, indirect, and consequential
costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
determination is rendered prior to Final Payment, a Change Order shall be executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions in the Contract
Documents, and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts
such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate
amount to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
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of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto,take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect, and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect, and consequential costs shall
include, but not be limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall
not be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
Contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 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 any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and
any moneys necessary to replace such loss or damage shall be deducted from any amounts due
Contractor.
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25.2 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.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional
with respect to the Project. If Contractor, or its subcontractors, agents, or anyone for whom
Contractor is legally liable,disturbs the Owner or Design Professional's benchmarks, Contractor shall
immediately notify Project Manager and Design Professional. The Owner or Design Professional
shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner
associated therewith.
26. EMERGENCIES.
26.1 In the event of an 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 or Design Professional is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of 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. If the Project Manager 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.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1.1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
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28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements
not designated for removal, relocation, or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury, or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation, or replacement of their property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full-time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable(collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is
located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with
the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
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and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with
the Project Manager, Design Professional, and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work,the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings(including the pre-construction conference) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards(DS),where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Contract.
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All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10)days of receipt of Notice to Proceed.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 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. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below.
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule,and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability,sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing,furnishing,supplying, or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
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shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
"qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub-
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
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Construction Services Agreement:[2024_ver.3]
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. 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 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(c�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.
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.
36. VENUE.
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Construction Services Agreement:[2024_ver.3]
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed
to be caused by Owner or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the
contract sum are limited exclusively to its actual costs for such changes plus no more than
10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to
expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the
contract price,damages, losses or additional compensation. Further, Contractor shall require
all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-
subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor
for delay or additional cost must be submitted to Contractor within the time and in the manner
in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34.1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
55
Construction Services Agreement:[2024_ver.3]
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 exdusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A"project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of$2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing/will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
A. 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 Owner's staff person who would make the
presentation of any settlement reached during negotiations to Owner 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 Owner's staff person or designee who would make the presentation of any
settlement reached at mediation to Owner's Board for approval. Should either party fail to
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Construction Services Agreement:[2024_ver.3]
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under Section 44.102, Fla. Stat.
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.
58
Construction Services Agreement:[2024_ver.3]
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
® Attached hereto, following this page
❑ Not Applicable
59
Construction Services Agreement:[2024_ver.3]
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
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
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
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
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
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
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
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.
Capital Contractors, LLC
Vendor/Contractor Name
Date 9/18/24
Authorized Signature
EXHIBIT I-8
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
Capital Contractors, LLC
By:
gnature
Adam Ahmad
Name and Title
9010 Strada Steil Ct, Suite 108,
Street Address
Naples, Florida 34109
City, State, Zip
RLVXUBK7E6L7 - Cage: 8HTG4
UEI Unique Entity Identifier(for SAM.gov verification)
9/18/2024
Date
Sub-Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: Z2967
FEMA Project Number: DR 4673
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. UnverifaiNe statuses will require the PR ME to either prOvde a revised statement or provide source documentation that validates a
status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT
THE PRIME A FLOP,DA-CERTIFIED DISADVANTAGED VETERAN 'r' (1T THE ACTIVITY OF THIS CONTRACT_
MINORITY OR WOMEN BUSINESS ENTE PRiSE?
DBE? '1' CONSTRUCTION? rnN
:DBDNIBDWBE)OR HAVE A SMALL DISADVANTAGED
SUSI N BS SA CERTIFICATION FRom THE StAALL BUSINESS MBE? CD N (ONSULTAT ON? ILES
ADMINISTRATION? A SE PACE DISABLED VETERAN, W5E? Y OTHER? Fl
SDB SA? Y
IS TH S51JBMISS ON A REVISION? cri F YES,P.EV.SION 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
DBE WWBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORX OR ETHNICITY CODE SU B/SUPPLIEFt PERCENT OF CONTRACT
VETERAN NAME SPECIALTY iGee Betow) DOLLAR AMOUNT DOLLARS
TOTALS.
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBNIITTER DATE TITLE OF SUBMMER
Adam Ahmad 9/18/2024 Managing Member
EMAIL ADDRESS Of PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
adam.ahmad@capitalengr.com 239.273.8894
NOTE:This information is used to track arid report anticipated DBE Cr MBE participation in federally-funded contracts The anticipated DBE or
NI BE amount is:voluntary arid will not become part of the contractual terms. This form must be submitted at time of response to a
soi icitation f and when awarded a County contract,the prime will be asked to update the information for the grant compliance files.
EllifaCITY tope
"Mack American BA
Hispanic American HA
Native American NA
Subcont.Asian American SAA
Astan-Pacific American
CZ Non-Minority Women
Other:not of any other group listed 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLLIER CONTRACT P OFB,,PfP or POrRED, GRANT PROGRAM/CONTRACT
ACCEPTED BY: DATE
EXHIBIT I-10
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.
Capital Contractors, LLC
Contractor(Firm Name)
Signature of Contractor's Authorized Official
Managing Member
Name and Title of Contractor's Authorized Official
9/18/2024
Date
EXHIBIT I-11
AFFIDAVIT REGARDING LA1 OR ANt)SERVICES
t ffective July 1, 2024, pursuant to§787.06(13), Florida Statutes,when a contr.r.t is executed, renewed,or exte•vJe•I
between a nongovernmental entity and a governmental entity, the nongovernmental entity rnu:t provide the
ievernmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity and^r
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name: Capital Contractors,LLC
Address: 9010 Strada Steil Ct.Ste 108,Naples,FL 34109
Phone Number: (239)273-8894 __
Authorized Representative's Name: Adam Ahmad
Authorized Representative's Title: Managing Member
Email Address: Adam.Ahmad@capitatengr,com I
AFFIDAVIT
l Ad n Ahmad (Name of Authorized Representative),as authorized representative attest
that Captar Contractors,LLC (Name of Nongovernmental Entity)does not use coercion for labor or
services as defined in§787.06, Florida Statutes.
Under penalty of pert,* -
P Y P I have read the foregoing Affidavit and that the facts stated in it are true.
01/08/2025
-.00.1171a orized represents) Date
STATE OF Fionda
COUNTY OF caller
Sworn to(or affirmed)and subscribed before me,by means of MI physical presence or 0 online notarization this
E'h day of January ,2025,by_Adam Ahmad (Name of Affiant),who produced their —
as identification or are personally known to me.
Notary Public(not required when digital)
,.nrPt. VICTOR NGUYEN
" Commission tl HH 185787
01..'2025 ` `^ j
Explre,Odobar 13,2025
Commission Expires '�Forr`ct IxdMThy IWOhcthS•via
Personally Known I'OR Produced Identification U
type of Identification Produced:
CONTRACT hLNi1,V.1.OR VOL Nd:)N::;