Agenda 10/27/2020 Item #16C 7 (RFQ #20-5510)16.C.7
10/27/2020
EXECUTIVE SUMMARY
Recommendation to award Request for Quotation # 20-5510, "CCSO Jail Boiler Room
Renovation," under Agreement No. 19-7525, Annual Agreement for General Contractor Services,
to Capital Construction, LLC., and authorize the issuance of a purchase order in the amount of
$418,080.
OBJECTIVE: To remove the existing steam boiler systems at the CCSO Main Campus Jail and replace
with energy efficient tankless hot water systems.
CONSIDERATIONS: Voters approved an additional penny sales tax in November 2018. Collection of
the surtax began on January 1, 2019. Projects outlined in Exhibit "A" within County Ordinance 2018-21,
as amended, are eligible to receive funding from the Surtax. Projects must also be compliant with Section
212.055(2), Florida Statutes. In Exhibit "A," there are three main categories of projects identified:
Transportation Projects, Facilities & Capital Replacements, and Community Priorities. The following
two projects fall within the Facilities & Capital Replacement category under line item HVAC, Roofing
and Capital Equipment Replacements at Sheriff's & County Facilities and have been validated by the
Infrastructure Surtax Citizen's Oversight Committee.
On November 6, 2019, the Infrastructure Surtax Citizen's Oversight Committee validated the funding of
$550,000 for the J1/J2 Steam to Hot Water Boiler Conversion (Project 50182). A budget amendment
allocating these funds to the project was approved by the board on 14 January 2020.
The Collier County Jail at the Main Campus is serviced by three steam boiler systems that have been in
service and operating 24/7 since 2007 and need to be replaced. Currently, only two boilers are
operational, but the entire system is antiquated, inefficient, and will no longer meet the service
requirements of the Jail Facility. This project will coincide with ongoing upgrades and renovations to the
Jail kitchen and laundry that are converting from steam to hot water.
On September 8, 2020, utilizing Agreement No. 19-7525, General Contractors Annual Agreement (the
"Agreement"), the Facilities Management Division requested quotes for the "CCSO Jail Boiler Room
Renovation" project through the Collier County Procurement Services Division Online Bidding System.
The bidding system sent the invitation seeking quotes to the six contractors under contract with the
County under the Agreement. Three contractors submitted quotations by the October 1, 2020 deadline, as
summarized below:
Contractor
Quote including Owners Allowance
Capital Contractors, LLC
$418,080.00
Chris Tel Construction
$532,029.00
EBL Partners, LLC
$545,775.00
The other three contractors on the annual Agreement (Core Construction Services of Florida, LLC,
Wright Construction, Inc., and Compass Construction Inc.) did not submit a bid by the deadline.
Staff determined the lowest quote is fair and reasonable and recommends awarding a purchase order to
Capital Contractors, LLC in the amount of $418,080.0, including a $20,000 Owner's Allowance, to be
used as directed by the Owner. Staff will obtain payment and performance bonds from the contractor as
required by Section 22.A. of the Agreement prior to commencement of work, due to the cost of the
project.
Packet Pg. 1019
16.C.7
10/27/2020
FISCAL IMPACT: Funding in the amount of $418,080.00 is available in Infrastructure Sales Tax Fund
(318), under the Boiler Conversion Project No. 50182. Source of funding is Surtax.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval.-SRT
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan from this
action.
RECOMMENDATION: Recommendation to award Request for Quotation # 20-5510, "CCSO Jail
Boiler Room Renovation," under Agreement No. 19-7525, Annual Agreement for General Contractor
Services, to Capital Construction, LLC., and authorize the issuance of a purchase order in the amount of
$418,080.00.
Prepared By: John McCormick, P.E., Principal Project Manager, Facilities Management Division
ATTACHMENT(S)
1. RFQ (PDF)
2. Jail _Boiler Room Renovation Scope (2) (PDF)
3.20-5510 Bid Tabulation (PDF)
4. [Linked] 19-7525 CapitalContractors,LLC_Contract (PDF)
5.41K000162 - CCSO JAIL BOILER ROOM RENOVATION (PDF)
6. Checklist All Projects Validated - 11_06_2019 Signed (PDF)
7.Ordinance 2018-21 (PDF)
8. Infrastructure Surtax Statute (PDF)
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16.C.7
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.7
Doe ID: 13818
Item Summary: Recommendation to award Request for Quotation # 20-5510, "CCSO Jail Boiler
Room Renovation," under Agreement No. 19-7525, Annual Agreement for General Contractor Services,
to Capital Construction, LLC., and authorize the issuance of a purchase order in the amount of $418,080.
Meeting Date: 10/27/2020
Prepared by:
Title: — Facilities Management
Name: Elizabeth Torres
10/ 12/2020 10:10 AM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
10/12/2020 10:10 AM
Approved By:
Review:
Procurement Services
Opal Vann
Level 1 Purchasing Gatekeeper
Public Utilities Operations Support
Joseph Bellone
Additional Reviewer
Procurement Services
Sandra Herrera
Additional Reviewer
Facilities Management
John McCormick
Additional Reviewer
Public Utilities Department
Dan Rodriguez
Additional Reviewer
Facilities Management
Damon Grant
Director - Facilities
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
Public Utilities Department
George Yilmaz
Level 2 Division Administrator Review
County Attorney's Office
Scott Teach
Level 2 Attorney Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Ed Finn
Additional Reviewer
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Manager's Office
Nick Casalanguida Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
10/12/2020 10:36 AM
Completed
10/13/2020 11:13 AM
Completed
10/13/2020 1:27 PM
Completed
10/13/2020 2:31 PM
Completed
10/13/2020 2:54 PM
Completed
10/14/2020 9:21 AM
Completed
10/14/2020 9:44 AM
Completed
10/14/2020 4:39 PM
Completed
10/16/2020 9:25 AM
Completed
10/16/2020 11:28 AM
Completed
10/16/2020 1:14 PM
Completed
10/16/2020 6:36 PM
Completed
10/19/2020 9:32 AM
Completed
10/19/2020 2:40 PM
10/27/2020 9:00 AM
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16.C.7.a
Colfikr County
Public Utilities Department
Facilities Management Division
I COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR QUOTE (RFQ)
FOR
20-5510
CCSO Jail Boiler Room Renovation
Utilizing Contract #19-7525
JOHN MCCORMICK P.E., PRINCIPAL FACILITIES ENGINEER
FACILITIES MANAGEMENT DIVISION
3335 TAMIAMI TRAIL EAST, BLDG W
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8247
John.McCormickkcolliercounlyfl. gov
Packet Pg. 1022
16.C.7.a
SOLICITATION PUBLIC NOTICE
PROJECT TITLE:
CCSO Jail Boiler Room Renovation
POST DATE:
September 10, 2020
PRE -QUOTE SITE VISIT:
September 17, 2020 9:00 A.M.
LOCATION:
3323 Tamiami Trail E.
Building K
Naples, Florida 34112
QUOTE OPENING DAY/DATE/TIME:
October 1, 2020.3:00 P.M.
PLACE OF QUOTE OPENING:
FACILITIES MANAGEMENT DIVISION
3335 TAMIAMI TRAIL EAST, BLDG W
NAPLES, FLORIDA 34112
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
hlt2s://www.bidsync.com/bidsync-cas
M INTRODUCTION i
As requested by the Facilities Management Division (hereinafter, the "Division or Department"), the Collier County Board of County
Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Quote (hereinafter, "RFQ") with the
intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications
stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated.
BACKGROUND
The Collier County Jail at the Main Campus is serviced by three (3) steam boiler systems that have been in service and operating 24/7
since 2007 and need to be replaced. Currently, only two (2) boilers are operational but the entire system is antiquated, inefficient, and
no longer will meet the service requirements of the Jail Facility. This project will coincide with ongoing upgrades and renovations to
the Jail kitchen and laundry that is converting from steam to hot water.
TERM OF CONTRACT
The agreement term, if an award is made, is intended for current needs
Prices shall remain firm for the term of this agreement.
Surcharges will not be accepted in conjunction with this agreement, and such charges should be incorporated into the pricing structure.
All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply
with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of
delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR.
AWARD CRITERIA
RFQ award criteria are as follows:
➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below:
• Lowest Total Quote
➢ Collier County reserves the right to select one, or more than one supplier, award on a line item basis, establish a pool for
quoting, or other options that represents the best value to the County; however, it is the intent to:
Identify a Single Awardee
IF
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16.C.7.a
➢ The County reserves the right to issue a formal contract or standard County Purchase Order or utilize the County Purchasing
Card for the award of this solicitation.
PROJECT SCOPE OF WORK
1. REQUIREMENTS:
A. The project schedule shall be substantially completed within 90 days of receiving authorization to proceed with an additional
30 days provided for final completion. Total time for project closeout of 120 days.
B. Time is of the essence in the performance of the work on this project. Should the contractor fail to substantially complete the
project in the time period specified, the owner shall be entitled to assess, as liquidated damages, but not as a penalty, one
thousand forty-five dollars ($1045) per calendar day as outlined by FDOT and adopted by Collier County Procurement.
C. Dated proposal submitted must state "Valid for 120 days".
D. All work must comply with Collier County Vertical Standards (CCVS) and the current adopted Florida Building Code.
https://www. colliercountyfl.gov/�our-govemmentldivisions-f-r/facilities-managementivertical-construction-standards
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E.
Provide all necessary items, tools, hardware, resources, materials, etc. to fully and properly complete all project tasks. Install
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all items per manufacturer's recommendations and installation instructions.
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F.
All materials and items replaced that Collier County does not want to store must be properly disposed of at the cost of the
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contractor.
G.
Contractor(s) shall, under no circumstances, remove a County asset sticker. The Contractor(s) shall request that, when replacing
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equipment, the asset sticker be removed by an appropriate Collier County Facilities Management staff member authorized to
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adjust equipment inventory records. Photos and disposition documentation will be required.
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H.
Contractor is responsible for blocking off and maintaining any safety perimeters necessary for work. Contractor shall properly
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block off construction areas as appropriate until the work item is complete. Contractor shall make every effort to keep pedestrian
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pathways open for use.
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The contractor shall submit specifications, product data and/or shop drawings on all materials, devices, equipment or systems
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being installed on the project for approval by the Project Manager.
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All work must be performed by properly qualified employees. Credentials may be requested by Collier County.
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K.
Contractor and sub -contractors shall be licensed by the State of Florida and registered to work in Collier County.
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The contractor and their subcontractors are required to comply with County Ordinance 2004-52, as amended. Background
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checks are valid for five (5) years and the vendor / subcontractor shall be responsible for all associated costs. The cost is $40.00
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per person. https://www.colliercouniyfl.goy/your-govemment/divisions-f-r/facilities-managementibackground-checks
M. The contractor, subcontractors, and any personnel working onsite will be required to obtain a Collier County Sheriff's Office
ID badge in addition to the Collier County Vendor badge. This is a separate background check and additional fingerprinting
process via www.fieldprintflorida.com. The fingerprinting cost is $12.00 per person.
N. Contractor must report any/all recordable accidents/hazards within 24 hours of occurrence to the County in writing.
O. The awarded contractor will receive a Purchase Order for work requested and may not start work prior to receiving authorization
to begin the work.
P. Contractor shall exclude Sales Tax from all Labor and Materials on this project.
Q. The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting
purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will
be corrected within 24 hours after receipt of notification, at the Contractor's expense. If the Contractor(s) fails to correct the
defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction, and the Contractor(s)
shall be fully liable for all costs and expenses reasonably incurred by the County.
Packet Pg. 1024
16.C.7.a
2. DETAILED SCOPE OF WORK: See attachment A
3. JOBSITE MAINTENANCE:
A. The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas in the most
environmentally friendly manner possible.
B. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work and as work
progresses; or upon request by the County's representative, shall remove such debris and materials from the property.
C. The Contractor(s) shall leave all affected areas as they were prior to beginning work.
D. There will be no cost to the County for clean-up.
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VENDOR CHECKLIST
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The Solicitation Pricing Document (Bid Schedule/Quote Schedule/Proposal Pricing/etc.) has been completed and attached.
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The Solicitation Submittal has been signed. �0
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16.C.7.b
Page 1 of 2
C0 7e-r CaMMY
Public Utilities Depa (tent
Facilities Management Division
Exhibit A
20-5510
CCSO Jail Boiler Room Renovation
Utilizing Contract #19-7525: Annual Agreement for General Contractors
The Collier County Jail at the Main Campus is serviced by three (3) steam boiler systems that have been in service and
operating 24/7 since 2007 and need to be replaced. Currently, only two (2) boilers are operational but the entire system
is antiquated, inefficient, and no longer will meet the service requirements of the Jail Facility. This project will coincide
with ongoing upgrades and renovations to the Jail kitchen and laundry that is converting from steam to hot water.
SCOPE OF WORK:
Removal of the complete existing steam boiler systems, flues, and all associated controls, piping, make-up air duct, fans,
and specialties. Replace with Rinnai, or approved equivalent, energy efficient natural gas Tankless Hot Water Boiler rack
systems with integral boiler controls. Existing capacity of overall Boiler system (Btu/hr.) to be maintained.
Scope of work is intended to be turnkey and to include:
A. All required building permits. Permit fees to be paid by direct transfer of funds from Collier County Facilities.
B. Complete engineered shop drawings and any accompanying plans including MEP signed and sealed by State of
Florida licensed Engineer and any other documentation required to obtain a permit.
C. Removal and disposal of existing steam boiler systems, piping, tanks, associated specialties, flues, make-up air
duct and fans.
D. Clear, clean, and paint boiler room after removal of all unused, obsolete, or abandoned items within the Boiler
Room.
E. Installation of new Rinnai, or approved equivalent, energy efficient gas Tankless Hot Water Boiler rack systems
and associated Direct Vent piping and boiler controls.
F. Repair, replace, clean, and/or seal any existing insulation that is to remain.
G. Identify, tag, and label all new or remaining piping, valves, and equipment.
H. Factory start up and commissioning.
I. All supervision, labor, equipment, and materials required to complete installation.
J. All work in compliance with the current applicable Florida Building Codes.
K. Complete coordination and scheduling with Collier County Facilities Management Division and CCSO.
L. All work necessary to complete the project without interrupting hot water supply to existing Jail facilities.
Service must NOT be interrupted.
M. Work to be completed within 120 days.
N. A pre -bid walk-thru and discussion will be scheduled 2 weeks prior to bid date.
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Facilities Management Division • 3335 Tamiami Trail East, Suite 101 • Maples, Florida 34112-5356.239-252-838 Packet Pg. 1026
16.C.7.b
Page 2 of 2
C0 7er C014V ty
Public Utilities Depa dment
Facilities Management Division
Contractor shall obtain final design and operational approval of all submittals, construction drawings, and schedules
from the Collier County Facilities Management Project Manager prior to commencement of work.
Proposal Format:
Provide a LUMP SUM bid amount according to the terms and conditions of CCG Contract #19-7525. Submission to
include a brief summary of proposed design along with a descriptive drawing, and pre -submittal of proposed equipment
All subcontractors must be listed for Collier County approval.
Final determination will be based upon the lowest proposed cost with a feasible system and schedule. Collier County
Facilities Management reserves the right to review and reject any bids that do not include an accompanying submission
of a workable system with summary and descriptive drawing.
Facilities Management Division • 3335 Tamian Trail East, Suite 101 • Maples, Florida 34112-5356.239-252-8380
Packet Pg. 1027
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16.C.7.e
PERFORMANCE AND PAYMENT BOND
(Public Work)
In compliance with Section 255.05 (1) (a), Florida Statutes
This bond is given to comply with Section 255.05, Florida Statutes, and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation
provisions in Section 255.05(2), Florida Statutes.
BOND NO.41K000162
CONTRACTOR:
Name: CAPITAL CONTRACTORS, LLC
Address: 9010 STRADA STELL COURT, SUITE #108, NAPLES, FL 34109
Phone: 239-273-8894
SURETY:
Name: THE 01110 CASUALTY INSURANCE COMPANY
Address: 175 BERKELEY STREET BOSTON, MA 02116
Phone: 617-357-9500
OWNER:
Name: COLLIER COUNTY
Address: 3299 EAST TAMIAMI TRAIL, #103, NAPLES, FL 34112
Phone: 239-252-6081
CONTRACTING PUBLIC ENTITY (If different from the owner)
Name:
Address:
Phone:
BOND AMOUNT: $418,080.00 Contract Number (if applicable) 19-7525
Legal Description: CCSO JAIL BOILER ROOM RENOVATION
Project Address: 3323 TAMIAMI TRAIL E., BUILDING K, NAPLES, FL 34112
Description of Work: CCSO JAIL BOILER ROOM RENOVATION
FRONT PAGE: Any other pages attached to this front page are deemed to be subsequent to this page regardless of any page numbers that may be
printed thereon.
Packet Pg. 1029
16.C.7.e
❑ this exhibit is not applicable
Exhibit C-1
PUBLIC PAYMENT BOND
Bond No. 41K000162
Contract No. _ 19-7525
KNOW ALL MEN BY THESE PRESENTS: That CAPITAL CONTRACTORS, LLC I as
Principal, and THE OHIO CASUALTY INSURANCE COMPANY , as Surety, located at
175 BERKELEY STREET, BOSTON, MA 02116 (Business Address) are held and firmly bound
to COLLIER COUNTY as Oblige in the sum of FOUR HUNDRED EIGHTEEN THOUSAND EIGHTY AND0/100
($ 418 08.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the —day of , 20_
with Oblige for CCSO ►AIL BOILER ROOM RENOVATION -CONTRACT #19-7525
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties' obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20—, the name of under -signed representative, pursuant to authority of its governing
body.
Page 19 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
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16.C.7.e
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
PRINCIPAL:
CAPITAL CONTRACTORS, LLC
By: _
Name:
Its. -
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20 , by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
THE OHIO CASUALTY INSURANCE COMPANY
(Printed Name)
175 BERKELEY STREET BOSTON, MA 02116
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page 20 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
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As Attorney ik 1pact
(Attach Powe of Attorney)
700 SOUTH DIXIE HIGHWAY SUITE 100
CORAL GABLES, FL 33146
(Business Address)
JOHN W. CHARLTON
(Printed Name)
305-662-3852
(Telephone Number)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 8TH of OCTOBER 2020 , by_
JOHN W. CHARLTON- , as ATTORNEY -IN -FACT
of THE OHIO CASUALTY INSURANCE COMPANY , Surety, on bel�,alF of Surety. He/She is personallyknown
to me OR has produced NIA i ntrkifatior(antho did (did not) toe an oath.
My Commission Expires: JUNE 19, 2024
Name: DINIA CAVALIERE
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of FLORIDA
Commission No.:
FF 965108
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Dinla Cava ere
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19, 2024
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Page 21 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
CAO
Packet Pg. 1032
16.C.7.e
❑ this exhibit is not applicable
EXHIBIT C-2
PUBLIC PERFORMANCE BOND
Bond No. 41K000162
Contract No. 19-7525
KNOW ALL MEN BY THESE PRESENTS: That CAPITAL CONTRACTORS, LLC
, as Principal, and THE OHIO CASUALTY INS IRANCF, COMPANY
as Surety, located at 175 BERKELEY STREET BOSTON, MA 02116
(Business Address) are held and firmly bound to cnLI.IFR coiINTY
,as Oblige in the sum of FOUR HUNDRED EIGHTFP.N THOUSAND EIGHTY AND 0100
($ 418,080.00 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of ,
20 with Oblige for CCSO JAIL BOILER ROOM RENOVATION -CONTRACT # 1 A-7s2s
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the
Contract and compliance or noncompliance with any formalities connected with the Contract or the
changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications
referred to therein shall in anywise affect its obligations underthis bond, and it does hereby waive notice of any
such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
Page 22 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
CA
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16.C.7.e
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20`, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
CAPITAL CONTRACTORS, LLC
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this
20 by , as
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
day of
(Legibly Printed)
Notary Public, State of
Commission No.:
Of
Page 23 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
CAO
Packet Pg. 1034
16.C.7.e
ATTEST:
Witness as to Surety
SURETY:
THE OHIO CASUALTY INSURANCE COMPANY
(Printed Name)
175 BERKELEY STREET BOSTON, MA 02116
(Business Address)
(Authorized Signature)
(Printed
14k— OR �
As Attorney in
(Attach Power
esses
700 SOUTH DIXIE HIGHWAY SUTIE 100
CORAL GABLES, FL 33146
(Business Address)
JOHN W. CHARLTON
(Printed Name)
305-662-3852
(Telephone Number)
STATE OF FLORIDA
COUNTY OF MTAMT-T)ADF.
The foregoing instrument was acknowledged before me this 8TH day of OCTOBER 20 20 , by_
TORN W. CIIARLTON , as ATTORNTY-TN-FACT of THE OHIO CASUALTY
INSURANCE COMPANY, Surety, on behalf of Surety. Het8he is rso all kno n to me OR has produced
NIA as identification and wh did di ot) t a ti ath.
My Commission Expires: JUNE 19, 2024
(Sign Notary)
(AFFIX OFFICIAL SEAL)
Name: DINIA CAVALIERS
(Legibly Printed)
Notary Public, State of FLORIDA
Commission No.: FF 965108
Page 24 of 33
WIirja C'm
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.. B T'�,nh�rne,..1,,9, 2024
mane
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Multi -Contractor Award Agreement 2017,006 Ver.1
CAa
Packet Pg. 1035
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT lS fsifZINTD OtaI.RfD BAt✓lEGROLIN,D.
16C7
This Power of At e, may limits the acts of -those named fieWn, and they have no 8uthority to. bind the Company except iri fire manner and ti-the extent herein stated:
Certificate No. 7980725
Liberty -Mutual Insurance. Company "
The Ohio Casualty insuran0 Company West American Insurance Company
POVVE Qf ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a aorporatron 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 "Gomganies"), pursuant to and by authnhty,perean_set forth, does hereby Dame, cofistitu3e and appoint,
John 1N, Chariton; D. W.Matson : Ill::- _ :
all of the Gty of" Coral Gables state of FL QacH �ndivatlually if there bij ntorttta'rrione named; its true and (awful aft
omey In fact to make, execilte, seal, acknowledge
and deliver'for. and on its behalf as surety and as -its aef and deed anyfand all undertakings; 6otdsrrecognlzances and othef surety obllgaUon$:'rnursuance of. these presents and shall
_ _
be as binding upon the Companies as if theyhave:6een duly signed by-the:prestdent and attestetYffjfthe ;eCretary of the Compan-ies in their own.proper persons.
IN WITNtSS WHEREOF, this P,owe f of Attomey liras been subscribed by;tr; au#honzed officer btbificial of theGompanles and the corporateaeaI of the Companies have been affixed
thereto this 1.-ft day. of January r 20 tj
.-TY.:1N5(� . -�•1tdSUq -.. "1NSUq - - .. - -
The Ohio Casualty insurance Company
u rn .. n E t
o; : rpt9 0 i.9T2. T99t. Liberty Mutual lnsurance•Corripany"
s y a Mfest marican Insurance Company
A
a . "''Hssa '�2 ?st$ .
d By:
STATE OF PE -—&VANIA ss1. Davfd'M. Care ;?�ssjstant'Secreltpry
•+" COONTYOF MONTGOMERY -
-
bf Dri this 12th day -of January 2018, before me personally appeared David M..Carey, who acknowledged himself to be the Assistant Secretary of"tiberty Mot 'Ins'
;ty `Company, The Ohio Casualty. Company, and West American insurance Company;. and that. -he, as -such-, being authorized so to do; execute the foregoltjg instrunlentfor the purposes "
p 7 therein contained by stgning.on behalf of the corporations by Himself as a dulyauthorized officer.
el -IN WITNESS WAiEREOF, i,Iiave hereunW subscribed my name and afniied my notarial seal at King of. Prussia Pennsylvania, on the day and yearfirst above' written.
" yP pAST COMMONWEALTH OF PENNSYLYANIA
GorowFq�F{y : Notarial Seal
M ; oP Teresa Pastella Notary Public lay
O i Upper MerionTwp., Montgomery County Teresa Pastella, :Notary Public
s My Qbni_6ssion Expires March 26, 2Q2.1
d a
Member Pennsylvania Association of Notaries
This Power o n C f Aitorriey is "made and executed pursuant to: and by authority of. ilia following B"y,laws and Authorizations of The "Ohio. Casualty Insurance Company Liberty Mutual .'
insurance':Company, and West American Insuring$ Company which resolutions are now in full force antl.eifect reading as foliowss
`. "ARTICLE IIVOFFICERS" Section 12. Power. ofAftorney. Any officer. or other official oftheCorporationauthorized-forthat purpose in writing by the Cfiaitman or'the President, and subject
,JS:: to such tfhiitation as the Chairman or the President may prescribe, shall appoint such attolneys-in-fact;. as maybe necessaryto act in behalf of the Corporation to make, execute, -seal,'
acknowledge and,dehver as surety any and ail undertakings, bonds, recognlzances and other surety obligators, Such attorneys m fact, subject to the hmltations set forth in heirrespective=
E ti powers tifattomey; shall Have full power to -bind the Corporation by their signature and exeoutiorf-of any such instruments and.to.attach thereto the seal. of Ilia Corporation: When so . I
p axecutetl, such instruments Shall as binding as if signed by tha-President and attested to by the'Secrotary Arty power or authority granted to anytepresentativ"e or- tfomey in -fact under
the iovfsions of this :article may be revoked at an time b lfie Board, the, Chairman the Presidentor b :the officer'or officers rantfn such i}wer or:authofi
WC .ARTICLE XIII Exedutxin of Contracts — SE-CTION 5 Surety Bonds and Undertakings Anyofficer of the :Company authorized for that purpose •In writing by the ohairman or the president,
>- L andsubjebl-tosuch l mdations as the chairmh orihe,presiderrt may prescribe, shall appoint such aftomeys in fiact, as may be necassary to actin behaifaf;the C"txnpeityto make; eze'cuie,
r
O seal, acknowledge and deliver as surety any and all undertakings, bonds, "recognizanbes and other surety obligations. Such attorneys=in,fact subject to the Ijmitaffons set forth in their . I
t7 . respective powers of aftorhey, shall have full power to bind the Company by their si_gnatuie and execufion of any such instruments an. to attach. thereto the seal of tM-Company: When: so
executed such instruments shalt be as binding as_ if signed bythe president and attested by frig secretar _ : -
Certificate of Designation - The Presldettt Qf the Company wing pursuant io the Bylaws of3he Company authorizes David M Carey,'Asslslaot=$ecreiary, to appoint such attorneys -in :I
-fact as may be necessary to act on behaifof the Company Io ipake execute, seal; acknowledge and deliver as suretyany and all undertakings bonds, recogmzarices and other surety
oblgations. _
Authorization —8y ur animous:consent ofthe Company`s Board cf Aaech?rs the Company consents that facsimile or mechanically reproducedalgrfa-fure of any assistant secretary of the, .
t~ompany,;wherevorappeadog upon a certified copy ofany power ofattomey Issued by the Company In cannec6on with surety bonds, shall bev2lid acid binding upon he Company witll.
fihe same force and eifeet'as •though m,.anuaily affixed:
"l, Renee C. Llewellyn; the .undersigned, Assistant Secretary; The Ohio:. -.Casualty. Insurance Company Liberty'Mutual Insurance Campariyr and tNest Arilencan Ihstirarice Company do
hereby certify that the origlnaF,poyuer of attorney of vAiichthe;fore�orng is:a filfl trite and correct;oopy of the Power of Attomey executed y sarcl::Companies; i8 ti tali' farce and effect aritl
has not been revoked . -. _ _ _:. -
IN TESTIMONY WHEREOF, I have Hereunto sef my hand and affixed -the seals of said Companies this day of
.. - -
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Packet Pg. 1036
16.C.7.e
MATSON-CHARLTON
SURETY GROUP
October 81h, 2020
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
3299 TAMIAMI TRAIL EAST, SUITE 303
NAPLES, FL 34112
RE:
To Whom It May Concern:
This letter shall serve as authorization for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS to
date bonds and power of attorney concurrent with the contract date for the above referenced project.
If you have any questions, please feel free to call me.
Sincerely,
John W. Charlton
MATSON-CHARLTON SURETY GROUP
700 South Dixie Highway, Suite 100 • Coral Gables, FL 33146
Phone: 305.662.3852 - Fax: 305.661.9948
NASBP Member
Packet Pg. 1037
THIS POWER OF ATTORNEY IS NOT. VALID -UNLESS IT IS PR#NTED ON kiD BACkGROUN. 0. 16.C.7.e
This Power df.Attorney limits: the acts of those named hereln;:and-theyliavelfto authority tc-bind the Company except in •the. manner And to the extent herein stated;
Certificate_ No. 798.0724
Liberty-Mutuai Insurance Company
The Ohio Casualtytnsurencle 06mpanyWest American Insurance; Company
POWER OF ATTORNEY
KNOWN -ALL PERSONS BY THESE PRESENTS: Thet The Ohlb Casualty Insuterice Company -is a oorporation dulyorganized under the laws.of the State of New Hampshire, that
Liberty Mutual Insurance Company is a,corporation duty organized under the laws of the State of Massachusetts, and West Amercan Insurance Cbmpanyas a corporation duly
organized under the laws`ofthe Stateof,Indiana (herein collectively called the,.Companies"), pursuant to aqd by authonty.tiereln set forth; does hereby -name, constituter arid. appolrat,
Johia V -- CharRQh; D:. .Matson llf o
>
allof the city of Coral Gables sate of FL'; each Individually if tharebe more ihan:;one named; its true and lawful attorney to facrto make execute, seal acknowledge
and deliver, forand on its behalf ekes surety and as its sot and.d any end all Undertakings, _bonds reeogmzances and other surety obligations : rt pursuance of these presents and shall
be as binding upon the Comparies as if they haae been duly"signed by ttae_president and attested by:the Socretary of the Companies in their awn proper persons: o
0 _
IX
IN WITNESS WHEREOF, this Power of Attome"y has been subscribed by an authorized officer or official of tiie ompantes and the. corporate seals; of the Companie"s have been affixed
thereto this 12th day of <Jan uary
-TYIAS,�A P�iNSUq�AINSUaf.. .. - _ m
The Ohio CAsualty_Insurance Company _
= m.. Liberty Mutual Insurance Company
o " -1917R r 1912 Y 1991
West erican Insurance Company 0
C.
r t
STATE OFPEI9NSYIVANIA ss David V. Care ,Assistant Secretary
j. COUNTYOFIaJONTGOMERY: 00
d m -0n flits 16ttt .day of January 201800
before me,personally appeared David W carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual -Insurance. c")
v a. -Coin an The Ohio Casualt Company, and West American Insurance Corn eri , andthaVhe, as such being authorized so to.do, execute the fore oin instrument forthe
p y;.. Y p:y, _ P.y. g 9.�.g�. .P.►Po..,
0 Therein contained by signing on bohalf-of the corporations by himself as a duly authorized officer;
0 > :IN WITNESS WHEREOF I have•bereunto subscribed "my name and affixed my notarial seal at King of Prussla, Pennsylvania, on -tee day and.year first abova-written,
ryyR, PA$r COMMONWEALTH OF PENNSYLVA_NIA
s: wQo�e�oNwFv��{ Notariat Seal
F u sBy:
OF Teresa Pastella, Notary Public: .
p L Upper MeriorvTwp.; Montgomery County Teresa"PeS1e118,.Notaty Public,
0 v3� My Commission Expires March 2ti, 2021
Member, P-ennsylvaniaAssociaton of Nofaties
0- � ., . , gRv Ate• - - - I
C �p This Power of Attorney is made and executed pslrsuaht to and by authority of the following By -Jaws and.Authorizatigns of The Ohio Casualty Insurance Cotppany; Liberty Mrituai
r.. Insurance 'Company, and. esfAmerican Insurance Com an which resolutions are now in full force and, effect reading as follows:
ARTICLE 1V �FPILERS - Section 42. Power ofAttomey. Any officer or other official of -the Corporation authorized for That purpose in writing by the Chalrrnan or the President and sabjecf I
C ;d. to such limitation as the Dktairman or the President -may prescribe, shall appoint such attorneys fri. faci, as may be necessary to act in behalf of the Corporation to make exeaite, 'seal,.-, ;
0acknowledge and deliver as surety any and alhundertakings; bonds, recognizances and other surety obligations: Such attomeys=in-fact, subject to the limitations set forth in theirrespective..
E "powers ofiattorney, shall 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
p `. executed, such 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 attomey4n-fact under
the provisions of this article maybe revoked at any time by the Board, the Chairman; the President or by the officer or officers granting such power or authority.-.
O A:
M c- ARTtCLt: XIII=.€xepuhon of Contracts = SECTION, 5 Surety Bonds afid Undertalditgs. 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 orthe president may prescribe, shall appoinfsUch attomegs in-inmaybe necessaryo act in behalf of the Company to make;.exeeute,- , I
D seal acknowledge and deliver surety. -any and all -undertakings, bonds t. ognizances and"other surety ol5ligations: Such attorneys in -fact subject to the limitations set forth in their
Z c> ective Livers of attorney. shall have fall resp- -, ' po y to brad the Company by their signature and execution of any such instruments and to attach'thereto the seal of the Company. When so
executed suds instruments §hallbe asblridmg as if signed by the president and attested liy-the. ecretary. ,
i
Certificate of Designation The President of the.Gompany acing pursuant to the Byiaws.ofthe Company authorizes David M arey,=ASsistahfSecretary to appoint such attorneys -in F
g.
fact as may be nec ewry"Io act on behalf of the Company ta;make execute, seal, acknowledge and deliver as suretyanyand all' undertakmgs;?bnnds, recognizances and other surety. = i
obligations.•. ..
Authorization " By.unanimotis consent ofihe Company s Board of Directors, the Company consents that facsimile or meclian"ically reproduced signature of any assistant secretary of the
Company; wherever=appal ing.upon a eertdii:d copy of anyp- of a_. _ issued by the-Ccmpany. in_co 4kon wittcsulet` b> nds,:stlall be vtilid andbinding upon the Co. nyM
the same force and elfad as thtiiigh manually BifiRed. _ =
T...
I, ReneQ C. Uewellyn the. Undersigned, Assistant. S.axxetary, The Olilo Casuahy :insurance Company :Libeity tfilutual lrfsuram Cgmpar r Id-iiYast American Insurance Company do
:bb* certify that the orkfnal power of attorney of.wlidt i _the foregoing is;a full tnre and cotrecl :copy of _the Power of A Forney ;,6iiDuted iy s>3td,-companies, is: in. full force and effect and
ha not been revoked
IN TESTIMONY1NHEREOF; I have hereunto setmy hand and affixed,' seals -said Companies this= �l� Gay
AST G INS( LINS,"bq\NS&gq
o . 1914 0 IV 3 � . 1991 By
Renee C. )aeAlyff; ssistant Secrete
ry
Packet Pg. 1038
1MS_1Ya73_022017
16.C.7.f
J11J2 Steam to Hot Water Boiler Conversion
Project
50182
Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
V1 Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
❑ Land acquisition
❑ Land improvement
V Design
1Z Engineering costs
❑ Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
❑ EMS vehicles associated with 3 new substations
❑ Court -related expenditures for the construction, lease or maintenance of the Court -related
facilities including utilities and security infrastructure
V1 Life expectancy of at least 5 years
❑ Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
0 Project(s) in line with County Ordinance 2018-21
V1 Project(s) identified in Exhibit A within County Ordinance 2018-21
V1 Project(s) in line with Ballot Language within County Ordinance2018-21
The infrastructure Surtax Citizens Oversight Committee (ISCOC) validated tha,t4-?
��t
J11J2 Steam to Not Water Boiler Conversion project meets the necessaryftequirements and is
eligible to use Surtax Funding on 119L , . 2019.
C e — Chairman
Exhibit A Reference
Category: Facilities and Capital Replacements
Sub -Category: HVAC, Roofing, and Capital Equipment Replacements at Sheriffs & County Facilities
Funding Requested: $550,000
Packet Pg. 1039
16.C.7.f
J3 Jail isolation Rooms 50181
Project Project #
Infrastructure Surtax Citizens OVerSlte Committee Pro ect Checklist
0 Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
❑ Land acquisition
❑ Land improvement
0 Design
i1 Engineering costs
❑ Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
❑ EMS vehicles associated with 3 new substations
❑ Court -related expenditures for the construction, lease or maintenance of the Court -related
facilities including utilities and security infrastructure
IZ Life expectancy of at least 5 years
❑ Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
V Project(s) in line with County Ordinance 2018-21
V1 Project(s) identified in Exhibit A within County Ordinance2018-21
Vi Project(s) in line with Ballot Language within County Ordinance2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated thaZcluirements
J3 Jail Isolation Rooms project meets the necessary r and is
eligible to use Surtax Funding on 2019.
/ Ce-' 'Chairman
Exhibit A Reference
Category: Facilities and Capital Replacements
Sub -Category: HVAG, Roofing, and Capital Equipment Replacements at Sheriffs & County Facilities
Funding Requested: $273,108.45
Packet Pg. 1040
16.C.7.f
Security Control System Replacement for the Collier County .sail Facilities
Project
50183
Project #
Infrastructure Surtax Citizens Oversite Committee Proiect_Checklist
0 Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
( Improvement of public facilities
❑ Land acquisition
❑ Land improvement
❑ Design
❑ Engineering costs
❑ Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
❑ EMS vehicles associated with 3 new substations
❑ Court -related expenditures for the construction, lease or maintenance of the Court -related
facilities including utilities and security infrastructure
0 Life expectancy of at least 5 years
❑ Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
V1 Project(s) in line with County Ordinance 2018-21
0 Project(s) identified in Exhibit A within County Ordinance2018-21
71 Project(s) in line with Ballot Language within County Ordinance 2018-21
r,
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated thath
Security Control System Replacement for the Collier County Jail Facilities project meets the necessary I'egWrements and is
eligible to use Surtax Funding on JZ%Ll6I,/d iJ/ , 2019. r,
Chairman
A Reference
Category: Facilities and Capital Replacements
Sub -Category: HVAC, Roofing, and Capital Equipment Replacements at Sheriffs & county Facilities
Funding Requested: $1,632,790.00
Packet Pg. 1041
16.C.7.g
ORDINANCE NO.2018- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL
GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%)
ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING
WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION
212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY
1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE
AGGREGATE FUNDS OF $490,000,000 ARE COLLECTED, WHICHEVER
IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX
SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE
REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE
PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR
DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND
THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR
CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND
DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A
COUNTYWIDE PRECINCT REFERENDUM ELECTION ON
NOVEMBER 6, 2018.
WHEREAS, Section 212.055(2), Florida Statutes, authorizes the Collier County Board of
County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure
surtax ("Surtax") upon transactions occurring within Collier County ("County") which are taxable
under Chapter 212, Florida Statutes; and
WHEREAS, a 1.0 percent (1%) Surtax would, under current State sales tax rates, result in
a one cent (1 ¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be
applied to each fractional part of one dollar accordingly; and
WHEREAS, the Surtax differs from the transactions subject to the State sales tax in that
the local option sales tax base applies only to the first $5,000 of the purchase price of an item of
taxable personal property while the State sales tax applies to the entire purchase price regardless
of amount, pursuant to Section 212.054(2)(b)(1), Florida Statutes; and
WHEREAS, the Surtax does not apply to certain groceries, medical products and supplies,
fuel, and other specifically identified goods and services listed in Section 212.08, Florida Statutes;
and
Page 1 of 8
Packet Pg. 1042
16.C.7.g
WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to
the County and the municipalities of the County ("Municipalities"), as set forth in Section 218.62,
Florida Statutes, if no interlocal agreement is entered into; and
WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida
Statutes, may be utilized by the County and Municipalities to finance, plan, construct, reconstruct,
renovate and improve needed infrastructure, as defined in Section 212.055(2)(d), Florida Statutes;
and
WHEREAS, the County and the Municipalities are presently without sufficient fiscal and
monetary resources to adequately fund their infrastructure needs; and
WHEREAS, adequate public infrastructure facilities of the types herein described promote
the safe, efficient and uninterrupted provision of numerous essential public services provided by
the County and the Municipalities, including but not limited to roads, bridges, signals, sidewalks,
parks, evacuation shelters, governmental facilities, including emergency services facilities;
acquiring land and construction for workforce housing and career and technical training, veterans'
nursing home and expand mental health facilities; and
WHEREAS, a brief description of the projects to be funded is set forth in the ballot
language contained in this Ordinance and a more specific list of projects to be funded is attached
hereto as Exhibit A; and
WHEREAS, the County and the Municipalities shall establish a citizen oversight
committee to provide for citizen review of the expenditure of Surtax proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE. Incorporation of Recitals.
The above recitals are true and correct and are hereby incorporated by reference.
Page 2 of 8
Packet Pg. 1043
16.C.7.g
SECTION TWO. Imposition of Local Government Infrastructure Surtax.
There is hereby imposed a one percent (1%) local government infrastructure surtax
("Surtax") upon all authorized taxable transactions occurring within the County.
SECTION THREE. Administration, Collection and Distribution of Proceeds.
The Surtax shall be administered, collected, and enforced in accordance with the provisions
of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of
Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly
to the County and Municipalities, in accordance with Section 218.62, Florida Statutes.
SECTION FOUR. Referendum Election.
(a) The Surtax imposed in Section Two hereof shall not take effect unless and until
approved by a majority of the electors of the County voting in a countywide precinct referendum
election on the Surtax.
(b) The Collier County Supervisor of Elections is hereby directed to hold such
countywide precinct referendum election on November 6, 2018.
(c) The Collier County Supervisor of Elections shall cause the following proposition
to be placed on the ballot:
COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE
ONE -CENT SALES SURTAX
To enhance safety, mobility, and hurricane preparedness in Collier
County and its cities by constructing, repairing, and maintaining
roads, bridges, signals, sidewalks, parks, evacuation shelters,
governmental and emergency services facilities; acquire land and
support construction for workforce housing and career and technical
training, veterans' nursing home and expand mental health facilities;
shall the County levy a one -cent sales surtax beginning January 1,
2019 and automatically ending December 31, 2025, with oversight
by citizen committee?
FOR THE ONE -CENT SALES TAX
AGAINST THE ONE -CENT SALES TAX
Page 3 of 8
Packet Pg. 1044
16.C.7.g
SECTION FIVE. Advertisement and Webpage.
The Collier County Clerk of Court shall insure that notice of this referendum be advertised
in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall
be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create
a webpage available to the public on the County's main website which details the proposed projects
to be funded by the Surtax, as well as the particulars regarding the imposition and collection of the
Surtax.
SECTION SIX. Expiration Date; Survival of Certain Restricted Uses.
(a) Sunset. In all events, this Ordinance shall be in effect only through December 31,
2025. It shall sunset and expire thereafter, without further action by the Board and the electors, at
which time it shall be deemed repealed and of no further force and effect, and the Surtax levied
hereunder shall terminate. Alternatively, this Ordinance shall sunset on December 3 1 " of any year
during the term of this Ordinance in the event that the total aggregate distributions of Surtax
proceeds equal or exceed the amount of $490,000,000 at any time during that calendar year, in
which event the Board shall take necessary action to repeal this Ordinance and notify the Florida
Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the
following year.
(b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions
of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds
shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such
Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all
interest and other investment earnings on either of them shall survive such expiration and repeal
and shall be fully enforceable in a court of competent jurisdiction.
SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee.
(a) Creation. Upon the approval of the Surtax by the electors of Collier County, the
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee ("Committee")
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as
Page 4 of 8
Packet Pg. 1045
16.C.7.g
possible after the Surtax becomes effective, but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
(b) Composition. The Committee shall be comprised of seven (7) members. There
shall be one (1) member appointed from each County District, and two (2) at -large members. Upon
confirmation that said individuals meet the requirements herein, the Board shall appoint said
individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be
governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor
ordinance.
(c) Membership Qualifications. All members shall have the following qualifications:
(1) Member shall be a resident of Collier County;
(2) Member shall not be an elected official;
(3) Member shall not be a current employee of any governmental body within
Collier County;
(4) Special consideration shall be given to nominees that have financial or
business management backgrounds and experience; and
(5) Member shall meet the qualifications set forth in Collier County Ordinance
No. 2001-55, as may be amended or its successor ordinance.
(d) Term. The initial terms for the at -large seats shall be one year; the remainder of the
at -large terms shall be for two years or until the Committee sunsets. The initial terms and all terms
thereafter for each District seat shall be for two years or until the Committee sunsets. All members
shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal
of a member from a seat, that seat will be filled for the remainder of its term.
(e) Removal. Removal of members from the Committee shall be in accordance with
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor
ordinance.
Page 5 of 8
Packet Pg. 1046
16.C.7.g
(f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
(g) Duties. The Committee shall have the responsibility to review the expenditure of
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee, and (3) fall within the projects and categories
identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
(h) Officer; Meetings; Quorum; Rules of Procedure.
(1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one (1) year with eligibility for re-election by the members of the Committee.
(2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
(3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action.
Furthermore, by simple majority vote, but never with less than 5 members present, the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures,
as amended from time to time.
(4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
Page 6of8
Packet Pg. 1047
16.C.7.g
(i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
0) Duties of the County Manager's Office. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
(k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida Sunshine Law, Chapter 286, Florida Statutes, the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
SECTION EIGHT. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in The Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
Page 7 of 8
Packet Pg. 1048
16.C.7.g
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of .r , 2018.
ATTEST:
DWIGHT E. BROCK, Clerk
:,
Attest as to Chairman's'
signature only.
Jeffrey
and legality:
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER 90UNTY. FLORIDA
Andy Solis, Chairman
This ordinance filed with the
Secretary of St rte,s Office
��''day of _
and acknowledgement of that
filir,a f:ceived this k.- day
of
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16.C.7.g
FLORIDA DEPARTMENT Of STATE
RICK SCOTT
Governor
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Mr. Brock:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.il.us
Packet Pg. 1051
16.C.7. h
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds. —It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(a) l . The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county's population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 10 1. 161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county's population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county's municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county's municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
Packet Pg. 1052
16.C.7. h
case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county -owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term "infrastructure" means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub -subparagraph, the term "public facilities" means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff's office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
Packet Pg. 1053
16.C.7. h
the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub -subparagraph.
f. Instructional technology used solely in a school district's classrooms. As used in this sub -
subparagraph, the term "instructional technology" means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term "energy efficiency improvement" means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy -efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county's accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f) l . Notwithstanding paragraph (d), a county that has a population of 50,000 or lesson
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county's comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality's comprehensive plan has been determined to be in compliance with part II of
Packet Pg. 1054
16.C.7. h
chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
Packet Pg. 1055
MULTI -CONTRACTOR AWARD AGREEMENT
# 19-7525
for
Annual Aqreement for General Contractor Services
THIS AGREEMENT, made and entered into on this Oday of 20, by and
between Capital Contractors LLC authorized to
do business in the State of Florida, whose business address is
5633 Strand Blvd, Suite 312, Naples, Florida 34110 , (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three (3_) year period, commencing
0 upon the date of Board approval ❑ , and terminating three (3 ) year(s)
from that date or until all outstanding 0 Purchase Order(s) ❑ Work Order(s) issued prior to the
expiration of the Agreement period have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all of the terms and conditions contained in this Agreement for one (1 ) additional
three (3 l year(s) periods. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term then in
effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then in
effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of
a Purchase Order ❑■ Notice to Proceed.
3. STATEMENT OF WORK, The Contractor shall provide services in accordance with the terms
and conditions of ❑ El0
Other Request for Qualification (RFQ ) # 19-7525 including all Attachment(s),
Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral
part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit
A — Scope of Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the
County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time
such services are authorized.
Page 1 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
61ko
3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any
minimum or maximum amount. The County shall order items/services as required but makes no
guarantee as to the quantity, number, type or distribution of items/services that will be ordered or
required by this Agreement.
3.3 R The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope
of Services attached hereto.
ed in ❑ ether
3.4 FE-1 The County reserves the right to specify in each Request for Quotations: the period of
completion; collection of liquidated damages in the event of late completion; and the Price
Methodology selected in 4.1.
4. THE AGREEMENT SUM.
❑■ The County shall pay the Contractor for the performance of this Agreement based on Work
performed pursuant to the quoted price offered by the Contractor in response to a specific Request
for Quotations and pursuant to the Price Methodology in Section 4.1. ❑
es 6k Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and
in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt
Payment Act".
pf +k;'AgFeement an estimated
❑ i it r nut of ($
iR SeetfeR_44- ❑
.,
Cate fJ c i� �� n'cCnn I (�niorrman+ PF.FmRpt PayYRgon+ AM"
4.1 Price Methodology (as selected below):
[N-1 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County's project
manager before payment for the fixed price contract is authorized.
FE-1 Time and Materials: The County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's markup). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs; invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
Page 2 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
0
FE-1 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify the
unit price and the number of units received (no contractor inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient funds
are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
the Agreement. Any untimely submission of invoices beyond the specified deadline period is
subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this Agreement.
- - _•- - - -
1"ITHERM"OR
. .
•- •.. - - - - III - - -.^-
• - - - -
1 .
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment
of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption #
85-8015966531 C.
Page 3 of 33
Multi -Contractor Award Agreement 2017,006 Ver.1
0
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name: Capital Contractors, LLC
Address: 5633 Strand Blvd, Suite 312
Naples, Florida 34110
Authorized Agent:
Attention Name & Title:
Telephone:
E-Mail(s):
Adam Ahmad, PE, AICP, CGC
(239) 273-8894
Adam.Ahmad@captialengr.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to
the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Damon Grant
Division Name: Facilities Management Division
Address: 3335 Tamiami Trail East, Suite 101
Naples. Florida 34112
Administrative Agent/PM: Miguel Carballo
Telephone: (239) 252-8380
E-Mail(s): Miguel. Carballo colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the Work shall be obtained by the Contractor. The County will not be
obligated to pay for any permits obtained by Subcontractors.
Payment for all' such permits issued by the County shall be processed internally by the County.
All non -County permits necessary for the prosecution of the Work shall be procured and paid for
by the Contractor. The Contractor shall also be solely responsible for payment of any and all
taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter
adopted. The Contractor agrees to comply with all laws governing the responsibility of an
employer with respect to persons employed by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
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or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said Agreement for
cause; further the County may terminate this Agreement for convenience with a thirty (30) day
written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the County
shall be limited to that portion of the Agreement Amount earned through the date of termination.
The Contractor shall not be entitled to any other or further recovery against the County, including,
but not limited to, any damages or any anticipated profit on portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ❑- Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. n Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership.
C. no Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each
accident.
B ❑
€�
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate
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Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial
General Liability where required. This insurance shall be primary and non-contributory with respect
to any other insurance maintained by, or available for the benefit of, the Additional Insured and
the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the
policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written
notice, or in accordance with policy provisions. Contractor shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -
renewal or material change in coverage or limits received by Contractor from its insurer, and
nothing contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements that
the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any
statutory or regulatory violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
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16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificate(s), FE-1 Exhibit A Scope of Services, ❑ cvhihit B coo
SGhedule, ❑ RY--R ❑ IT-9/O Other Request for Qualification # 19-7525 , including Exhibits,
Attachments and Addenda/Addendum, ❑
deettn}, n Exhibit C-1 Public Payment Bond, ❑o Exhibit C-2 Public Performance Bond, X
Exhibit D - Release and Affidavit Form, n Exhibit E — Form of Contract Application for Payment,
n Exhibit F - Change Order, 0 Exhibit G - Certificate of Substantial Completion, 0 Exhibit H -
Certificate of Final Completion, n Exhibit I - Warranty, and 0 Other Exhibit/Attachment:
Exhibit I- Federal Grant Provisions
17. APPLICABILITY. Sections corresponding to any checked box (0) expressly apply to the terms
of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for
a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and,
c. immediate termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is
formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated 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:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and
agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation
or resultant Agreement to other governmental entities at the discretion of the successful
Contractor.
22. 0 BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party(ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, terminates or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be subject
to the Owner's approval.
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23. 0 LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar
days from the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall
be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions
thereof) is the date certified by the Owner 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. The Work shall reach final completion and
be ready for final acceptance by Owner within the time specified in the Request for
Quotation/Scope of Work.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete the
Work within the specified time period, Owner shall be entitled to assess as liquidated damages,
but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and reasonable
estimate of the Owner's actual damages at the time of contracting if Contractor fails to
substantially complete the Work in a timely manner.
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.
24. Q PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may request to receive Progress Payments.
Subsequent to the first payment, Contractor must provide Owner with a fully executed Release
and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each
progress payment. All applications for payment, whether for full payment or a progress payment
shall be in writing, and in substantially the form attached hereto as Exhibit "E."
25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions
thereof, because of defective or incomplete work, outstanding punchlist items, subsequently
discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating
probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
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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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other Agreement between Contractor
and Owner.
26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
27. n CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, as well as coordinating
its Work with all work of others at the Project Site, so that its Work or the work of others
shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be
solely responsible for all construction means, methods, techniques, sequences, and
procedures as well as coordination of all portions of the Work under the Contract
Documents, and the coordination of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts
of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts,
Contractor shall notify the Owner in writing within forty-eight (48) hours after the
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise
to any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as to claims based on late
completion.
28.❑ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or changed
work orally. Any modifications to this Agreement shall be in compliance with the County's
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Procurement Ordinance and Procurement Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "F" 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.
29. O CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean.
30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
31. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the County the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall be
performed in a manner and by organizations acceptable to the County.
32. FE-1 PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of the County or County's separate contractors, Contractor shall be charged
with the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the County's benchmarks, Contractor shall immediately notify the County.
The County shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by the County associated therewith.
33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
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Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Contract Amount or an extension to the Contract Time.
34. 0 COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereof) to determine the status of completion.
If Owner does not consider the Work (or designated portion) substantially complete, the Owner
shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punchlist of items to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H,
recommending that on the basis of Owner's observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and payable.
Final payment shall not become due and payable until Contractor submits:
A. The Release and Affidavit in the form attached as Exhibit "D."
B. Consent of Surety (if applicable) to final payment.
C. If required by Owner, other data establishing payment or satisfaction of all obligations, such
as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent
and in such form as may be designated by Owner.
D. The warranty in the form attached as Exhibit "I".
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment
shall not become due and payable.
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35. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of satisfactory
material and quality production, free from defects, and sufficient for the purpose intended. Goods
shall be delivered free from any security interest or other lien, encumbrance or claim of any third
party. Any services provided under this Agreement shall be provided in accordance with generally
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final 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 the County. Contractor shall also be responsible for and pay for replacement
or repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which the County is
entitled as a matter of law.
36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision -making authority and by County's staff person who would make
the presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision -making authority and by
County's staff person who would make the presentation of any settlement reached at mediation
to County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
39. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this
Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to
perform investigations as may be deemed necessary to ensure that competent persons will be
utilized in the performance of the Agreement. The Contractor shall assign as many people as
necessary to complete required services on a timely basis, and each person assigned shall be
available for an amount of time adequate to meet required services.
0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among
the terms of any of the Contract Documents and/or the County's Board approved Executive
Summary, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at County's discretion.
42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the County's consent, shall be void. If Contractor does, with approval,
assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to
assume toward Contractor all of the obligations and responsibilities that Contractor has assumed
toward the County.
43. 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
Page 14 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
0
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@colliergov.net) 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.
44. FEI SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA), State
and County Safety and Occupational Health Standards and any other applicable rules and
regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any persons or
property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as
all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA
onto a project that is being performed on Collier County Property. Collier County, as the owner of
the property where the project is taking place shall be the only entity allowed to refuse access to
the project. However, this decision shall only be made by Collier County's Risk Management
Division Safety Manager and/or Safety Engineer.
(Intentionally left blank -signature page to follow)
Page 15 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or
agent, have executed this Agreement on the date and year first written above.
ATTEST:
,�;�^,� f: is 4•%}O :'.
Crystal nZ ("dork`&f Courts &
,w
Com cltjer
Dated:ICi'
Contsr�fc>otrrsitnesses:
r
ontractor's First Witness
TTypelprint wit e�
Contractor's Second Witness
1 ,U CL Cili s -
TType/print witness nameT
AqpfMed as For and Legality:
County Attorne
s
rint Name
BOARD OF COU MMISSIONERS
COLLIER C' U T , FLOR
c
By:
Willi L. McDaniel Jr. -, Chairman
Capital Contractors, LLC
Contractor
B
i
�l �✓1 (� �Wl� dc,oNE2
TType/print signature and titleT
Page 16 of 33
Multi -Contractor Award Agreement 2017.006 Ver
Exhibit A
Scope of Services
0 following this page (pages 1 through 6 )
❑ this exhibit is not applicable
Page 17 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
a
19-7525 "Annual Agreement for General Contractor Services
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Work
1, General Contractors will be responsible for providing complete construction services for a wide
range of projects and also responsible for the overall coordination of a project. The General
Contractor will provide material, labor, equipment, tools and services necessary for all projects
assigned. When necessary, the General Contractor may hire specialized subcontractors to perform all,
or some portion of the construction work.
1.2.The General Contractor must be qualified and is directly responsible for 100% of the contracted work
including all work performed by the in-house personnel or any subcontractors. In the event the
General Contractor does not "self -perform" any or all tasks within the specifications, and utilizes
subcontractors, the General Contractor is directly responsible for all supervision, monitoring and
compliance with one hundred percent (100%) of meeting schedule, cost, work scope plans and
specification quality in the performance of a project for the County.
1.3.The General Contractors may be involved in:
1.3.1. Construction supervision/administration;
1.3.2. New construction;
1.3.3. Renovations/retrofits/remediation;
1.3.4. Site or utility improvements;
1.3.5. Complete or selective demolition;
1.3.6. Estimating cost of future projects;
1.3.7. Coordinating with project consultants; and,
1.3.8. Scheduling work and subcontractors in harmony with the County's operations;
1.3.9. Coordination of design and engineering services.
1.4. The General Contractors' responsibilities may include, but are not limited to:
1.4.1. Hiring various trades to complete a project;
1.4.2. Applying for building permits;
1.4.3. Securing the property;
1.4.4. Providing temporary utilities on site;
1.4.5. Managing personnel on site; and
1.4.6. Disposing and/or recycling of construction waste, monitoring schedules and cash flows, and
maintaining accurate records;
1.4.7. Subcontracting design and/or engineering services relative to the work required.
The above list is not intended to represent the entire GC portfolio, but rather, a sample of the various
responsibilities that a GC may be requested to participate in for a Collier County project.
2. Procedures for Obtaining Work Assignments
2.1. For all projects, the County's Project Manager will follow the procedure outlined below to receive
quotes from the General Contractors.
EXHIBIT A
Page 1 of 6
I. I. A Summary of Work, Project Plans, Technical Specifications, etc. will be provided to all of the
Contractors, along with a quote schedule for providing price. The County's Project Manager
may assess Liquidated Damages per work assignment.
2.1.2. The County Project Manager will set the required response time for each project, but
contractors will be given a minimum of ten (10) business days to provide a quote. Other projects
may require longer quoting period to allow for proper coordination. Some projects, urgent in
nature, may require a shorter response schedule at the Project Manager's discretion. This period
may also include a pre -bid meeting.
2.1.3. Contractors shall provide a lump sum quote, based on the quote schedule provided. The
following is an example of a quote schedule that may be required:
Item
Number
Description
Unit
Amount
Item Cost
1
Mobilization
Lump Sum
1
$0.00
2
Sitework
Lump Sum
1
$0.00
3
Lump Sum
1
$0.00
4
-Masonry
Structural
Lum Sum
1
$0.00
5
Roofing
Lump Sum
1
$0.00
6
Plumbing
Lump Sum
1
$0.00
7
HVAC
Lump Sum
1
$0.00
8
Electrical
Lump Sum
1
$0.00
$0.00
9
Owner's Allowance
T&M
$0.00
1.
Lump Sum Total
$0.00
2.1.4. Ancillary charges may be transferred to the County in the actual amount; however, mark-ups
will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and
other similar taxes, or fees associated with any work under this Agreement.
2.1.5. The Project Manager will review all of the quotes and may negotiate with the Contractor who
submits the lowest quote, if outside of the budget.
2.1.6. All work assignments that exceed $200,000 for any one project, will require Board approval.
2.1.7. Performance and Payment Bonds will be required for projects over $200,000.
2.1.8. Once a contractor is selected for a work assignment, the County's Project Manager will issue a
Purchase Order,
2.1.9. The contractor may not begin work until a written Notice to Proceed is issued from the
County's Project Manager or designee.
3. General Requirements
3.1. Performance and Payment Bonds:
When a work assignment is in excess of $200,000.00, the Contractor(s) shall be required to provide
Performance and Payment Bonds, in the amount of 100% of the quoted work assignment amount;
the costs of which is to be paid by Contractor. If the work assignment will be more than thirty (30)
EXHIBIT A
Page 2 of 6
1c0
days in duration and less than $200,000.00, the County's project manager may request Payment and
Performance Bonds. All performance security under the subsequent work assignment shall be
continued for a six (6) month period beyond the final completion of the project.
3.2. Progress Payments:
For work that will not be completed within a thirty (30) day period, the Contractor may wish to
receive Progress Payments. Subsequent to the first Application for Payment, the Contractor shall
submit to the County, for their review and approval, a schedule of values based upon the total
amount to be paid to the Contractor. The Schedule of Values will be formatted by the Contractor to
provide for necessary cost breakdowns of the Work by trade category. After its approval by the
Owner, that schedule of values shall be used as the basis for the Contractor's monthly Applications
for Payment. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the issuance of the purchase order and Notice to Proceed.
3.3. Insurance/Disaster Related Repairs:
For insurance related repairs/work, the Contractor may be asked to provide an itemized breakdown
of materials, labor and associated costs necessary for submittal to Risk Management.
For disaster related repairs/work, the Contractor may be asked to provide an itemized breakdown of
materials, labor and associated costs necessary for submittal to Risk Management. If FEMA
related, the Contract will be required to comply with the term and condition in the attached
provisions (i.e. Lump Sum Only) and will be defined within the work assignment issued by the
County as applicable.
3.4. Equipment Inventory:
The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset
sticker, without written authorization from the County staff. The Contractor(s) shall request that,
when replacing equipment, the asset sticker be removed by an appropriate County staff member
authorized to adjust equipment inventory records.
3.5. Facility Safety, Security and Standards:
The contractor and their subcontractors are required to comply with County Ordinance 2004-52, as
amended and all future changes. Background checks are valid for five (5) years and the vendor /
subcontractor shall be responsible for all associated costs. The cost is $40.00 per person. At all
times, the contractor and their subcontractors must wear the assigned Contractor badge while
conducting work on County property.
Work assignments must be performed in accordance with standards and guidelines set by the
County's Project Manager. The Contractor(s) will comply with all applicable federal, state and local
laws, ordinances, rules and regulations pertaining to the performance of the services requested
herein. Any fines levied due to inadequacies, or failure to comply with any requirements, will be the
sole responsibility of the Contractor(s). Any employee or representative of the Contractor(s) found
not in conformance with any laws, statutes, rules or regulations will not be allowed on job sites.
Violations by a Contractor may constitute cause for immediate termination of the Agreement. The
Contractor(s) shall replace or repair any loss at their cost. The County may withhold payment or
make such deductions as it may deem necessary to insure reimbursement for loss or damage to
property or persons through negligence of the Contractor and its employees.
EXHIBIT A
Page 3 of 6
Contractor is expected to understand and comply with all applicable laws and regulations of
any applicable governmental entity and Collier County CMA's, Standard Operating Procedures
(SOP's) or Job Safety Analysis (JSA's) that that pertain to environmental, health and safety
standards and/or work practices applicable to the activities they perform.
Contractor must agree that all work must meet or exceed the standards set forth in the Collier
County Vertical Construction Standards and Collier County IT Construction Standards (if
applicable) unless specifically exempted in writing by Facilities Management Division
Representative or designee.
The Contractor(s) must comply with Federal and State right -to -know laws if hazardous materials
are used. Material Safety Data Sheets (MSDS) will be made available and provided to the County
per the County Representative's direction. The Contractor is required to immediately report to the
County Representative or designee any spillage or dumping of hazardous material on County
property. The Contractor shall bear all costs associated with the cleanup of any such incidents.
3.6. High Security Environments:
The successful Contractor(s) will be asked to work in the Collier County Sheriff Office Correctional
Facilities and other areas considered "high security", which require thorough background checks of
personnel and tools taken into such Facilities. Additional access and logistical requirements for high
security sites may be set at the Project Manager's discretion in the Summary of Work during work
assignments.
3.7. Warranty:
All new equipment/parts warranty work shall be provided by the original warranty supplier. All
warranty responsibility for parts or equipment previously purchased, but still under warranty will
continue to be provided by the original warranty supplier until expiration of the warranty period.
3.8. Trouble Calls:
All trouble calls are initially reported to Facilities Management. If the trouble call involves a
warranty item, the County Project Manager shall notify the Contractor, who will then have the
responsibility of placing the warranty trouble call with the warranty supplier and tracking the
problem until it has been fully remedied. Maintenance of a warranty inventory list for each
completed project through the warranty period and the tracking of warranty trouble calls shall be
provided by the Contractor at no additional cost to the County.
3.9. Pails and Fixtures:
Parts and fixtures shall be new and warranted for a minimum of one (1) year or the standard offered
by the manufacturer, whichever is greater, after acceptance of the Project. All labor for repairs shall
have a minimum of ninety (90) day warranty. All call backs will be free of charge. No labor will be
billed or allowable in the event defective parts were used. An extended warranty and/or service
agreement may be purchased through the Contractor from the manufacturer without any markup
being charged to the County.
3.10. Express Warranties:
EXHIBIT A
Page 4 of 6
Contractor shall obtain and assign to the County 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 the County that any materials and
equipment furnished under the Contract 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. Contractor
further warrants to the County that all materials and equipment furnished under the Contract 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.
If, within one (1) year after Substantial Completion, any Work is found to be defective or not in
conformance with the Contract, Contractor shall correct it promptly after receipt of written notice
from the County. Contractor shall also be responsible for and pay for replacement or repair of
adjacent materials or Work which may be damaged as a result of such replacement or repair.
Further, in the event of an emergency, the County may commence to correct any defective Work,
without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which the County is entitled as a matter of law.
3.11. Changes in the Work
Contractor shall provide Owner with a Time and Material Not to Exceed (T&M NTE) proposal for
any changes in the work. The proposal shall include breakdown of Contractor's time, materials and
any proposed subcontractor quotes.
Invoicing for- all T&M NTE work shall include backup documentation of Contractor's time,
purchased materials and subcontractor invoices.
General Contractor(s) agree to the following, as pertains to markups on Change Order Work:
The mark-up on rental equipment shall not exceed 10% and equipment owned by the contractor
utilized on a project will not be charged back to the owner.
The mark-up on subcontractors shall not exceed 15%.
The mark-up on materials shall not exceed 20%.
The Labor rates provided by the Contractor as a part of a change order, relative to labor rates
pertaining to changes in the work, are to be fully burdened to include overhead, insurance, profit
and use of company owned small tools and equipment.
Some work assignments will utilize a fee schedule for labor categories and parts unit pricing. Fee
schedule rates, which are subject to additions or deletions, will be negotiated with the selected
vendors and will be added to the work assignment in the form of a fee schedule for utilization.
3.12. Compliance with County Risk Management Requirements
Contractors will be expected to understand and comply with all applicable laws and regulations of any
governmental entity having jurisdiction and Collier County CMA's, Standard Operating Procedures
(SOP's) or Job Safety Analysis (JSA's) that that pertain to environmental, health and safety standards
and/or work practices applicable to the activities they perform. These include but are not limited to:
EXHIBIT A
Page 5 of 6
OCIA0
• Storage, handling, and use of flammable liquids and hazardous materials.
• Storage, handling, and use of compressed gas cylinders.
• Periodic safety inspections of equipment and work -site housekeeping.
• Use of fall protection while working at heights above 6 feet.
• Following electrical safety practices and lock out / tag out procedures.
• Proper use of personal protective equipment.
• Proper maintenance and use of ladders and other equipment.
• Guarding of wall and floor openings, open trenches, and excavations.
4. Applicable Articles
The following Articles of the Agreement shall only be applicable for individual projects over
$200,000:
Article 22. Bonds
Article 23. Liquidated Damages
Article 24. Payments
Article 34. Completion
EXHIBIT A
Page 6 of 6
No
Exhibit B
Fee Schedule
❑ following this page (pages through )
0 this exhibit is not applicable
Page 18 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
❑ this exhibit is not applicable
Exhibit C-1
PUBLIC PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
Principal, and
(Business Address)
to as Oblige in the sum of
($ ) for the payment whereof we bind ourselves, our
representatives, successors and assigns, jointly and severally.
Bond No.
Contract No.
as
as Surety, located at
are held and firmly bound
heirs, executors, personal
WHEREAS, Principal has entered into a contract dated as of the _day of , 20—
with Oblige for
'th
drawings and specifications,
is referred to as the Contract
in accordance wi
which contract is incorporated by reference and made a part hereof, and
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties' obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255,0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under -signed representative, pursuant to authority of its governing
body.
Page 19 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: —
Name:
Its:
The foregoing instrument was acknowledged before me this of 20 by
as of a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page 20 of 33
Multi -Contractor Award Agreement 2017.006 Ver,1
0
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF _
COUNTY OF
The foregoing instrument was acknowledged before me this of
as
of
to me OR has produced
My Commission Expires:
(AFFIX OFFICIAL SEAL)
20 , by _
Surety, on behalf of Surety. He/She is personally known
as identification and who did (did not) take an oath.
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 21 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
CAO
❑ this exhibit is not applicable
EXHIBIT C-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20 , with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference ana maae a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the
Contract and compliance or noncompliance with any formalities connected with the Contract or the
changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or otherwork to be performed hereunder, or the specifications
referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any
such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
Page 22 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
01
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this day of
20 by , as of
a corporation, on behalf of
He/She is personally known to me OR has produced as
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
the corporation.
identification and
Page 23 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
0
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of 20_, by —
, as of
Surety, on behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
Page 24 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
0
❑ this exhibit is not applicable
EXHIBIT D
RELEASE AND AFFIDAVIT FORM
COUNTY OF ( )
STATE OF ( )
Before me, the undersigned authority, personally appeared
being duly sworn, deposes and says:
who after
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's 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 1 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
M
Witness ITS: -
DATE:
Witness
STATE OF
COUNTY OF
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
, as of
corporation, on behalf of the corporation. He/she is personally known to me
as identification and did (did not) take an oath
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.: _
20 , by
a
or has produced
Page 25 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
0
❑ this exhibit is not applicable
EXHIBIT E
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
f:12
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ __% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued $
PO No.
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
roject Name)
Original Contract Amount:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION:
$
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; (4) and
CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised
contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
(Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
DATE:
(DP's Name)
(Signature)
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
Page 26 of 33
(Signature) DATE: _
(Type Name and Title)
Multi -Contractor Award Agreement 2017.006 Ver.1
■
❑ this exhibit is not applicable
❑ Contract Modification
EXHIBIT F
CHANGE ORDER
❑ Work Order Modification
Contract M �� Change M = Purchase Order #: F-7=Project #:
F=
Contractor/Firm Name: �— Project Name:
Project Manager 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
#DIV/0!
Total Change from Original Amount
Revised Contract/Work Order Total
$
_0.00
#DIV/0!
Change from Current BCC Approved Amount
Cumulative Changes
$
0.00
#DIV/0!
Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date �J Completion Date Date Includes this change)
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and
/ or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the
Affnnh arlrlitinnal information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Division)
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.
Accepted by: Date:
(Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
Page 27 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
❑ this exhibit is not applicable
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT G
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
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
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. 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 tentative list shall
be completed or corrected by CONTRACTOR within days of the above date of Substantial
Completion.
Page 28 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
o
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACT OR:
The following documents are attached to and made a part of this Lertiticate:
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
4-k- (--+rnM nn(+i imcanfQ
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
20_
OWNER
By:
Type Name and Title
Page 29 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
0
❑ this exhibit is not applicable
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
EXHIBIT H
CERTIFICATE OF FINAL COMPLETION
ENGINEER'S Project No.
This Certificate of Final completion applies to all Work under the Contract documents.
OR
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
The warranty in Exhibit I is attached to and made a part of this Certificate:
Page 30 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
Cr"�O
Executed by Design Professional on
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
•
By:
Type Name and Title
20
Page 31 of 33
Multi -Contractor Award Agreement 2017.006 Ver.1
0
❑ this exhibit is not applicable
EXHIBIT I
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 Final 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
FINAL 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.
DATE:
CONTRACTOR
BY:
Attest:
Page 32 of 33
Multi -Award Agreement 2017.006 Ver.l
0
Description:
Other Exhibit/Attachment
Exhibit I- Federal Grant Provisions
FN_1 following this page (pages 1 through 9 )
❑ this exhibit is not applicable
Page 33 of 33
Multi -Award Agreement 2017.006 Ver.l
9
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal
Law requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an
entity that receives a contract (including a 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 any and all
other relevant Federal, State, and local laws, regulations, codes and ordinances:
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, 2017 (in effect for incidents declared
on or after April 1, 2017)
Reporting: The contractor will provide any information required to comply with the grantor agency
requirements and regulations pertaining to reporting. It is important that the contractor is aware of the
reporting requirements of the County, as the Federal or State granting agency may require the contractor
to provide certain information, documentation, and other reporting in order to satisfy reporting requirements
to the granting agency.
Access to Records: (1) The contractor agrees to provide the County, 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.
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.
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.
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.
EXHIBIT I -1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act.
Termination: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause;
further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The
County shall be sole judge of non-performance. In the event that the County terminates this Agreement,
Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions of the services
not performed.
Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition
of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the County must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
Changes: See Standard Purchase Order Terms and Conditions.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) 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 (i) Competitively within a timeframe providing for
compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii)
At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-ciuideline-c
proram
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.
Contracting with small and minority businesses, women's business enterprises, and labor surplus
area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b)
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
EXHIBIT I - 2
a
EXHIBIT I
FFnFRAI_ CONTRACT PROVISIONS AND ASSURANCES
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed
in paragraphs (1) through (5) of this section.
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:
I. 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 by the contracting officer setting forth the provisions of this
nondiscrimination clause.
II. 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.
III. 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.
IV. The contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
V. 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.
EXHIBIT I - 3
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
VI. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract
or with any of such rules, regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further Government
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.
VIII. The contractor will include 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 may be directed by the Secretary of Labor as a means of
enforcing such provisions including sanctions for noncompliance: Provided, however, that in the
event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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 $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal
agency or the loan or grant recipient) 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.
EXHIBIT I - 4
0
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1) through (4) of this section and also 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."
Administrative, Contractual, or Legal Remedies (over $150,000): 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.
Clean Air Act and 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 Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq. (2) 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. (3) 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. (4) 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.
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1362 (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."
State Provisions
Convicted Vendor and Discriminatory Vendors List Those Who have been placed on the convicted
vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public 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 a public entity, and may not transact business with any
public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch or any state agency.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes,
for the inspector general to have access to any records, data and other information deemed necessary to
carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
Record Retention - The contractor shall maintain and retain sufficient records demonstrating its
compliance with the terms of the Agreement for a period of at least five (5) years after final payment is
made and shall allow the County, FDEM, or its designee's access to such records upon request.
EXHIBIT I - 5
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Acknowledgement of Terms, Conditions, and Grant Clauses
Certification
If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract
must be available to the Department for review and approval. The vendor 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
Department and 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. The recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether the
subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
On behalf of my firm, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name Capital Contractors, LLC
Date 2/17/2019
Authorized Signature
EXHIBIT I - 6
Ct0
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:
C-791gnature
Adam Ahmad, PE, AICP, CGC
Name and Title
5633 Strand Blvd, Suite 312
Street Address
Naples, Florida, 34110
City, State, Zip
081181106
DUNS Number
2/17/2019
Date
Sub -Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: Z0001
FEMA Project Number: 4337DRFLP0000001
EXHIBIT I - 7
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
wilt be verified. Unverifiable statuses will require the PR ME to either prc4vde a revised statement or provide source documentation that validates a
A. PRIME VENDORICONTRACTOR INFORMATION
PRIME NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT
Capi al Contractors, LLC 37-1858650 L TBD
IS THE PRIME A FLORIDA-CER11FIED DISADVANTAGED, VETMM4 y CD .',Il]iEAC-TIVITYOFTHI,-C-DriTRAc-r—
f,IINORITYORWOtEtIBU9tiESSEt,'TERPRISE? DBE? M N CONSTRUCTION ? N
(I)BEIMBEAVEE) OR HAVEAPAALLOISADVANTAGED
BUST NESSLACERTIFICATION fROM THE SMALL BUSINESS MBE? 0 14 CONSULTATI-ION?
ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? y N OTHER? Y f4
ISDB; SA? Y 14
IS TH5 SUBMI--FON A REVISION? 1 y M 7YES, REVISION NUrvIBER—
B. IF ppj
IDBE MJWEE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR FTHNicrty CODE SUB/SUPPLIER PERCENT GF CONma
5/FFFRil6rI NAME I SPECIALTY Isee Below) I DOLLAR AMOUNT I DOLLARS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMI[TTER
Adam Ahmad, PE, AICP, CGC 2/17/2019 OWNER
EMAIL ADDRESS Of PRIME (SUBMI1717TER) — TELEPHONE NUMBER FAX NUMBER
adam.ahmad@capitalengr.com 239.273.8894
NOTE: This information is used to track and report anticipated DBE or t.jBf participation in federally -funded contracts. The anticipated DBE or
MBE amount isvoluntarj and will not become part of the contractual terms. This form must be submitted at time dresponse to a
solicitation. d and when awarded a county contract, the prime will be asked to update the information for the grant compliance files.
ETUNICHY
CODE
CODE
Black American
BA
Hispanic Amedcan
;
NativeAmerican
NA
Subcont. Asian American
SAA
Asian -pacific American
Non-fvfin"itj women
1 NMAr
other: not of any other group listed
l 0
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
nxD A D7bAFfJT NAMF COLLIER CONTRACT # fIF51RFP or POIRECj GRANT PROGRAM/CONTRACT
ACCEPTED BY: I DATE
EXHIBIT 1- 8
(a
EXHIBIT I
FFnFRAL 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)
Si nature of Contractor's Authorized Official
Adam Ahmad, PE, AICP, CGC, Owner
Name and Title of Contractor's Authorized Official
2/17/2019
Date
EXHIBIT I - 9
C ,00
A`C"R" CERTIFICATE OF LIABILITY INSURANCE
DATE
5/2121/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Olson & DiNunzio Insurance Agency Inc.
2536 Northbrooke Plaza Dr
Naples FL 34119
UUNIAW
NAME: Christine Olson
FAx
PA/c No Ext : 239.596.6226 (A/C, No):
ADDRESS: chris@olsondinunzio.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : WESTERN WORLD INS CO
13196
INSURED
Capital Contractors LLC
5633 Strand Blvd Ste 312
Naples FL 34110
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
nnVFPAr%r i rFRTIFIrATF NUMRFR- REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
(MM/DD/YYYY)
(MMIODNYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE F_x1 OCCUR
Y
Y
NPP8575683
03/15/2019
03/15/2020
EACH OCCURRENCE
$ 1,000,000
PREMISES (Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
O- LOC
x POLICY jRCT
OTHER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 1,000,000
$
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
(Per accident)
$
UMBRELLA LIAB
EXCESS LIAR
OCCUR
EACH OCCURRENCE
$
HCLAIMS-MADE
AGGREGATE
$
DIED I I RETENTION $
$ _
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
STATUTE ER
IT
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Collier County Board of County Commissioners listed as Additional Insured, primary non-contributory, with waiver of subrogation for any
and all work performed in Collier County
la
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS.
County Commissioners AUTHORIZED REPRESENTATIVE
3295 Tamiami Tr Eriylie
Naples, FL 34112
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
ACORO CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
05/21/2019
THIS .CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les), must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Olson & DiNunzio Ins
2536 Nbrthbrooke Plaza Dr
Naples FL 34119
NAME: Christine Olson
PHON,No,Ext : 239-596-6226 AIC, No):
ADDRESS: chris@olsondinunzio.conr
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: PROGRESSIVE EXPRESS INS CO
10193
INSURED
Capital Consulting Solutions &
Capital Contractors, LLC
8225 Laurel Lakes Blvd
Naples FL 34119
INSURER B.:
INSURER C :
INSURER 0:
INSURER E :
INSURER F :
nr oT1Clr ATc A111"Mr-Do REVISION NUM13Eti:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 1-IAV-BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1'HE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
(MMIDDIYYYY)
(MMIDDNYYY)
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
CLAIMS -MADE OCCUR
PREMISES (Ea occurrence)
$
MED EXP (Any one person)
$ _^
J
PERSONAL &ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
PRODUCTS- COMP/OP AGG
POLICY PRO- LOG
JECT
$
OTHER:
AUTOMOBILE LIABILITY
(Ea accident)
_
BODILY INJURY (Per person)
$ _�
ANY AUTO
BODILY INJURY (Per accident)
$
A
OWNED SCHEDULED
AUTOS ONLY X AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
y
Y
07814220-0
07i01P2018
07l01i2019
PROP cident)
$
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED RETENTION $
$
ORKERS COMPENSATION
ND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETORIPARTNER/EXECUTIVE ❑
FEICER/MEMBER EXCLUDED?
Mandatory in NH)
NIA
_
STATUTE ER
E.L. EACH ACCIDENT
_
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE- POLICY LIMIT
$
If describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space Is required)
Collier County Board of County Commissioners listed as additional insured, primary non-contributory, with waiver of subrogation for any and all work performed in Collier
County
_J
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Tr E AUTHORIZED REPRESENTATIVE
Naples FL 34112
kwIVOO-GV IJ MI+VR..,y....a . v v...,..,..
ACORD 25 (2010/03) The ACORD name and logo are registered. marks of ACORD
AGENCY CUSTOMER ID:
LOG #:
L ADDITIONAL REMARKS SCHEDULE
Page 1 of 1
AGENCY
Olson & DiNunzio Ins
NAMED INSURED
Capital Consulting &
POLICY NUMBER
07814220=0
CARRIER
PROGRESSIVE EXPRESS INS CO
NAIC CODE
10193
EFFECTIVE DATE: 07/01/2018
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: Acord28 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
CODE Description
UMISP Uninsured Motorist Bodily Injury Split Limit
ACORD 101 (2008101) ........
The ACORD name and logo are registered marks of ACORD
.�oW"13.
JIMMY PATRONIS
CHIEF FINANICAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * *
CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.
EFFECTIVE DATE: 4/19/2019
PERSON: ADAM AHMAD
FEIN: 371858650
BUSINESS NAME AND ADDRESS:
CAPITAL CONTRACTORS LLC
5633 STRAND BLVD, SUITE 312
NAPLES, FL 34110
SCOPE OF BUSINESS OR TRADE:
Contractor -Project Manager,
Construction Executive,
Construction Manager or
Construction Superintendent
EXPIRATION DATE: 4/18/2021
EMAIL: ADAM.AHMAD@CAPITALENGR.COM
IMPORTANT: Pursuant to Chapter 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under
this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt... apply
only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices of election to be
exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the
person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a
certificate at any time for failure of the person named on the certificate to meet the requirements of this section.
DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (850)413-1609