Agenda 07/08/2014 Item #16E107/8/2014 16.E.10.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 14 -6280 "Fencing Installation and
Repair" to Carter Fence Company, Inc., and BUE, Inc., d /b /a Gatekeepers /Gateswork
(Gateswork); and authorize the Chairman to sign the attached contracts.
OBJECTIVE: To provide resources for new fence installations and repairs to existing fences for
County departments including, but not limited to Facilities, Parks and Recreation, Public Utilities,
and Growth Management.
CONSIDERATION: In conjunction with staff from the Facilities Management Department, the
Parks and Recreation Department, the Public Utilities Division and the Growth Management
Division, the Purchasing Department developed the scope of services for fencing installation and
repairs, and posted an ITB on May 21, 2014. Email notifications were sent to 325 addresses; 35
companies requested the specifications; and on June 4, 2014, proposals from two (2) companies
were opened.
After review, staff determined that both Carter Fence Company, Inc., and Gateswork are capable
and qualified to service the County. It is recommended that both companies be awarded a contract.
Individual jobs will be awarded as follows:
New work and repair
For purchases estimated to be less than $50,000 per order, the department may select one of
the awarded vendor(s), quote out the work among all awarded vendor(s), or competitively solicit
for new quotes per the Board's Purchasing Ordinance.
For purchases estimated to be greater than $50,000 per order and less than $200,000 per
order, the department may quote out work among the awarded vendor(s) or may conduct a
separate new solicitation per the Board's Purchasing Ordinance.
Emergency Services
The County will contact the first available Contractor.
FISCAL IMPACT: Funds are available in department budgets. Historically the County spends
$121,000 annually.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. —SRT
RECOMMENDATION: That the Board of County Commissioners awards Invitation to Bid (ITB) 14-
6280 "Fencing Installation and Repair" to Carter Fence Company, Inc., and BUE, Inc., d /b /a
Gatekeepers /Gateswork; and authorize the Chairman to sign the attached contracts.
PREPARED BY: Adam Northrup, Procurement Strategist, Procurement Services
Attachments: 14 -6280 – Solicitation
14 -6280 – Bid Tabulation
Carter Fence Contract
BUE Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.10.
Item Summary: Recommendation to award Invitation to Bid (ITB) 14 -6280 "Fencing
Installation and Repair" to Carter Fence Company, Inc., and BUE, Inc., d /b /a
Gatekeepers /Gateswork (Gateswork); and, authorize the Chairman to sign the attached
contracts.
Meeting Date: 7/8/2014
Prepared By
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
6/23/2014 9:10:13 AM
Submitted by
Title: Procurement Specialist, Purchasing & General Services
Name: NorthrupAdam
6/23/2014 9:10:14 AM
Approved By
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 6/23/2014 10:09:21 AM
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 6/23/2014 10:14:03 AM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 6/23/2014 10:53:53 AM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/23/2014 12:51:49 PM
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Name: TeachScott
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Title: Deputy County Attorney, County Attorney
Date: 6/23/2014 1:35:51 PM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 6/25/2014 6:13:29 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 4:18:56 PM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/27/2014 1:38:54 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/1/2014 10:54:07 AM
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INVITATION TO BID
Date: 05/21/2014
From: Adam Northrup
(239) 252 -6098 (Telephone)
(239) 252 -6302 (FAX)
adamnorthrup @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 14 -6280 — Fencing Installation and Repair
As requested by the Facilities Management Department, the Collier County Board of
County Commissioners Purchasing Department has issued this ITB for the purpose of
obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre -ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net /bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
Purchase g Deparrrmt• 3327 Tamiami Trail East - Naples, Florida 34112 -4901 • www.colllergometlpurchasing
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Invitation to Bid
Index
PublicNotice ............................................................................................... ............................... 3
Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4
Exhibit II: General Bid Instructions ............................................................. ............................... 9
Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................15
Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................18
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................25
Attachment 2: Vendor's Check List ............................................................. .............................26
Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................27
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................29
Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................30
Attachment 6: Vendor Substitute W — 9 ........................................................ .............................31
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................32
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Public Notice
Sealed bid responses for Solicitation 14 -6280 — Fencing Installation and Repair, will be
received electronically only at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112 until 3:00 PM, Collier County local time on 5/28/2014.
Solicitation responses received after the stated time and date will not be accepted.
Solicitation 14 -6280 — Fencing Installation and Repair
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net /bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Director, Procurement Services
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the lobby of the Purchasing Building on 5/21/2014.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Facilities Management Department (hereinafter, the "Division or
Department "), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work
and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
Historically, County departments spend approximately $121,000 annually for the repair and /or
replacement of existing fences, gates and motor operated gates, and the installation and labor of new
fence material. Departments who have previously used County fence agreements include, but are not
limited to: Facilities Management, Airport Authority, Coastal Zone Management, Parks and
Recreation, Public Utilities (Solid Waste, Wastewater and Water Departments), and Transportation.
Background
The preponderance of fence material used by the County is 6 — 9 gauge chain link fence material and
2 inch posts, along with mechanical and motorized gates installed as a part of the chain link fence.
There may be repairs to post or wood fences, but this occurrence is very rare.
Detailed Scope of Work
Collier County is requesting proposals from firms capable of furnishing all labor, materials, tools,
equipment, and supervision for the installation and repair of fences and gates for all Collier County
owned and leased properties on an "as needed" basis.
The County reserves the right to select one or more suppliers and may use the resultant award in the
following manner:
• For purchases estimated to be less than $50,000 per order: the department may select one of
the awarded vendor(s); quote out the work among all awarded vendor(s); or competitively
solicit for new quotes.
• For purchases estimated to be greater than $50,000 per order and less than $200,000 per
order: the department may quote out work among the awarded vendor(s); or, may conduct a
separate new solicitation.
The County is interested in working with a supplier(s) who is responsive to their requests for quotes
and to complete work in a timely manner for:
• Emergency Work: urgent situations which require immediate response (within one hour) due to
the public's safety;
• General Repair Work: multipurpose patch or restoration of the original fence which is
considered standard maintenance; and
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• Replacement or New Fence and /or Gate Installations: replacement of an entire fence or newly
contemplated installations.
Generally, the County requires the following specifications for its chain link security fence repair,
replacement and installation projects:
1. 6 — 9 gauge, 2 inch post chain link;
2. Post must be set in concrete and capped;
3. Fence must include bottom tension wired railing;
4. Where overhead power lines are present, fences must be grounded;
5. Corner bracing may be required;
6. Pedestrians and vehicles gates, motorized and non - motorized, may be required; and
7. Provide for the proper removal and disposal of fence material according to County, State and
Federal ordinances and laws, and in the most "environmentally" friendly manner.
The County may also require services to supply and install wood and vinyl fencing at various heights,
including but not limited to stockade and split rail. There may be additional opportunities, although
very rare, to install or repair ornamental fencing, i.e. wrought iron, vinyl, plastic, etc,
For perimeter security system fencing, the County requires:
1. Chain -link fence construction shall conform to industry standards for security fences.
2. Fence shall be maintained and repaired in accordance with the industry standards.
3. Clearance area shall be at least 10' wide on each side of the fence.
4. Fence signage shall be reduced to the regulated minimum and securely attached to fence
posts.
5. Gates shall be secured in closed position so as to eliminate any free movement.
6. Gates remaining open for extended time shall be secured in the open position.
7. Chain -link fence recommended for optimal fiber -optic sensor performance shall have
a. Aluminum -oxide coated 9 -gauge steel wire fabric, tensioned to 1000 lbs.
b. Bottom rail with fabric twisted ends extending below it.
c. No top rails. No intermediate - height rails in run sections.
d. Reinforcement rails in brace sections installed at 3/4 height.
e. Fabric attached to posts and rails using 9 -gauge galvanized steel wire ties at
least every 15 ".
f. 7 -gauge hardened galvanized steel tension wire installed 6" to 8" below the top of the
fabric.
g. Intermediate - height tension wire(s) recommended.
h. Fabric attached to tension wire(s) using 12 -gauge galvanized steel wires ties at least
every 15 ".
i. No aluminum wire ties and no hog rings.
j. Welded barb wire outriggers.
8. Chain -link fence shall pass the following fabric tension test
a. Apply 50 lbs force pushing on the fence fabric at the mid -point of the section.
b. Apply 50 lbs force pulling on the fence fabric at the mid -point of the section.
c. Total range of fabric deflection shall not exceed 4 ".
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d. The test shall be repeated for at least 10 representative locations and for all suspect
fence sections.
Further, the County requires awarded vendors to:
1. Provide warehouse / distribution of fence inventory parts in the Collier and /or Lee County area.
2. Abide by all County safety standards (i.e. MOT).
3. Provide quote information upon request by the County project manager in the following
timeframes:
a. For emergency work: provide verbal quote within one hour from contact by the
County's project manager.
b. For general repair work: provide written quote within three (3) business days from
contact by the County's project manager. A "no- quote" or "no -bid" is considered a valid
quote by the County.
c. For replacement or new fence installation: provide written quote within five (5) business
days from contact by the County's project manager. A "no- quote" or "no -bid" is
considered a valid quote by the County.
4. Commence emergency repair service on fencing upon direction by the County's project within
one (1) hour from authorization.
5. Coordinate utility locate services prior to the start of any replacement or new installation of
fence materials.
6. Commence general repair work and replacement or new fence installation work upon receipt
of the County's purchase order.
7. Provide emergency, general repair and new work quotes which include labor (contractor and
subcontractor) and materials identified separately; and are inclusive of all costs, including but
not limited to: labor, insurance, overhead, profit, the cost of quoting and on -site inspections,
drawings, permits, and travel time and mileage of worker's from the firm's location to county
jobsite. Emergency, general repair and new quote work will be completed during the County's
business hours (Monday through Friday 8am — 5pm except holidays) unless determined
otherwise by the County's project manager. Emergency work will be directed at the discretion
of the County's project manager.
8. Provide invoices (billing) that identifies the County's purchase order and the supplier's quote
number; invoices (billing documents) must match how the quote was documented for labor
and material costs associated with the project.
9. Remove all debris from the site and cleaning affected areas. Vendor(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. The vendor(s) shall leave all affected areas as they were prior to
beginning work and conduct all activities in a clean, orderly and professional manner.
10. Provide for "re- work" service: in the event that the County's project manger declares the work
has been performed to an unsatisfactory condition, the vendor will return to the project site
within seven (7) business days to correct the repair, replacement or new installation to the
satisfaction of the County for no additional cost.
11. Provide for a material and labor warranty of one (1) year from the date of acceptance by the
County's project manager.
Award Criteria
ITB award criteria is as follows:
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• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids /projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in
accordance with the following methodology:
Section 1 - Hourly Rates: Complete the lines below for EVERY BILLABLE POSITION TITLE your
company uses in the course of quoting, building, and repairing fences, gates and related items.
(Example: Supervisor, Installer, etc)
Section 2 - Markups: Please provide the percentage markup for the following:
Section 3 - Labor Scenario: Using the pricing provided above, quote the following job.
Collier County wants labor and material pricing to install a 6 foot chain link fence surrounding a newly
installed well. The specifications include:
• The well is located 200 feet off a two lane highway; the well is surrounded by County land and
there is easy access for trucks and equipment without disrupting the neighborhood.
• The 6 foot fence should be installed around the perimeter of the wellfield and will be a 100 by
100 square foot area and include the following:
0 9 gauge galvanized fence with bottom tension wire,
o Posts must be set per industry standard every ten feet and set in concrete and capped
• Install two — twelve (12) foot manual gates
• Install one — four (4) foot pedestrian gate
• The fence must be grounded as there are overhead power lines, and
• Install and secure barbed wire (two foot) on top of the 6 foot fence.
• Assume that the material cost is $4,000.00
• Position titles and hourly rates will be automatically transcribed below from section 1. Insert
only the numbers of hours needed in each position to complete the job.
Section 4 - Materials Scenario: Using the markups provided in section 2, the total cost of materials will
automatically be calculated.
Section 5 - Bid Total: Line 23 Labor total + Line 24 Material total, will automatically be populated once
sections 1 -5 are completed.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select multiple awardees according to their line 25 total.
• The contract will be in the form of a standard County Purchase Order.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one
year renewal options.
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Prices shall remain firm for the initial term of this contract. Requests for price adjustments shall
only be made in writing to the County's Procurement Director during the contract renewal period.
Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12)
months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event
Date
Issue Solicitation Notice
5/21/2014
Last Date for Receipt of Written Questions
5/30/2014, 3:OOPM
Solicitation Deadline Date and Time
6/04/2014, 3:OOPM
Anticipated Evaluation of Submittals
Week of June 9nd
Anticipated Board of County Commissioner's Contract
Approval Date
July 2014
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W -9
• Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose /Objective
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As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non - responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non - responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and /or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and /or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications rip or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net /bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net /bid.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net /bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
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Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non - responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non - permanent structure such as a construction trailer, storage shed, or other
non - permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well -being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non -local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non -local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
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such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug -free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, f r o m the lowest non -local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non -local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non -local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet -based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of
the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If
the Bidder/Vendor does not comply with providing both the acceptable E- Verify evidence
and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive.
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Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify)
program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
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the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
delivery; provided that risk of loss prior to
This offer is subject to cancellation by the
actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by
nonetheless remain with VENDOR.
VENDOR within fourteen (14) days of issuance.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation
specifically stated in this Purchase Order.
This Purchase Order (including all documents
Unless otherwise provided in Purchase
attached to or referenced therein) constitutes
Order, no invoices shall be issued nor
the entire agreement between the parties, unless
payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on
freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of
discount will be taken on the full amount of
goods and /or services received by the COUNTY
invoice.
from VENDOR shall be deemed to be upon the
c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase
same day via the same route must be
Order.
consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase
show this Purchase Order number. The
Order may not be changed except by written
container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR
be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY
must show Purchase Order number and
objects to any additional or different terms and
must be included on each package of less
conditions contained in any acknowledgment,
than container load (LCL) shipments and /or
invoice or other communication from VENDOR,
with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or
COUNTY reserves the right to refuse or
payment for any delivery of goods and /or
return any shipment or equipment at
services, or any similar act by VENDOR.
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection
to declare to the carrier the value of any
All goods and /or services delivered hereunder
shipment made under this Purchase Order
shall be received subject to the COUNTY'S
and the full invoice value of such shipment.
inspection and approval and payment therefore
d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are
number and any other specific information as
subject to adjustment for shortage or rejection.
identified on the Purchase Order. Discounts
All defective or nonconforming goods will be
of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at
date of receipt of goods or from date of
VENDOR'S expense.
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a
proper invoice and in compliance with
series of performances by VENDOR, the
Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to
the "Local Government Prompt Payment
cancel the entire remainder of the Purchase
Act," and, pursuant to the Board of County
Order if goods and /or services provided early in
Commissioners Purchasing Policy.
the term of the Purchase Order are
non - conforming or otherwise rejected by the
5. Time Is Of the Essence
COUNTY.
Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices
essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be
schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the
interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply
shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of
available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to
agrees to reimburse the COUNTY for any
the COUNTY at the time and place of
expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered
delivery of nonconforming goods and /or services
is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, 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. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
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VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured .subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
During the contract term, Collier County reserves the right to add related items and /or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and /or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 51 % or more of the solicitation amount for said work.
6. Deductions for Non - Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non - performance.
7. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
8. Environmental Health and Safety
All Vendors and Sub vendors 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. Vendors and Sub
vendors 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. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations.
This provision is non - negotiable by any department and /or Vendor.
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All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
9. Florida Wood Products
The Vendor /Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
10. Public Records Compliance
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
11. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor 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.
12. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non - responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license /registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252 -2477.
13. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair /replace, to the County's
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satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
12. 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, the current Collier County Ethics Ordinance 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 contract held by the
individual and /or firm for cause.
13. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapcierk()collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or
services as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
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September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off -set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
14. Survivability
Purchase Orders: The Consultant /Contractor/Vendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation 14 -6280 — Fencing Installation and
Repair, will survive and remain subject to the terms and conditions of that Agreement until the
completion or termination of this Purchase Order.
15. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
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Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self- insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices
of expiration, cancellation, non - renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing 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.
16. Maintenance of Traffic Policy
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For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and /or Purchasing Departments
and are available on -line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
( "MOT ") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
17. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
18. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and /or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and /or materials required for job including brand and /or model
number or type if applicable
• Pricing and availability of goods and /or materials provided under Vendor's agreements with
material suppliers
19. Grant Compliance
The purchase of any goods and /or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
20. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
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In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and /or acceptance by the County.
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Corer County
AdrrinistraM SeMoes Division
Purchasing
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 14 -6280 — Fencing Installation and Repair
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature
#14 -6280
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Date:
25
7/8/2014 16.E.10.
+Co €fzr Camity
Adn-inis#rative Services Division
Purchasing
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 14 -6280 — Fencing Installation and Repair
• Opening Date: 06/04/2014, 3:OOPM
13. The bid will be mailed or delivered in time to be received no later than the specified opening
date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
#14 -6280 26
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Coer County
Adrr�nlst-a&s sennces NAsion
Purchasing
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 14 -6280 — Fencing Installation and Repair
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
Item #
Description
Total
25
BID TOTAL
$
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net_ Days
❑ Bid Response Form is electronic. Please input your prices online.
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
,20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone Number
FAX Number
Signature / Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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Coer County
Adn-knistrative Sen ices Dvision
Purchasing
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 14 -6280 — Fencing Installation and Repair (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a
construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well -being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Address in Collier or Lee County:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
#14 -6280 29
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v'er County
Administia'm services Division
Purchasing
Attachment 5: Vendor Submittal — Immigration Affidavit
Solicitation: 14 -6280 — Fencing Installation and Repair
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor /
Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
(Type of Identification and Number)
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
#14 -6280 30
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Cofer cc runty
Adrrxnistrahve Services Division
Purchasing
Attachment 6: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Information
Address
City State
FAX
Email
City
Zip
Email
Remit I Payment Information
Address
Zip City State
FAX
Email
2. Company Status (check only one)
Zip
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
#14 -6280
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fiver �
Adnrinistmtive Services Division
Purchasing
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$500,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone
employed or utilized by the Contractor/Vendor /Consultant 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.
4. ® Automobile Liability
$ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
#14 -6280 32
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❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may
be required within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
#14 -6280 33
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Packet Page -1929-
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AG R E E M E N T 14-6280
for
Fencing Installation and Repair
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Carter Fence Company, Inc.,
authorized to do business in the State of Florida, whose business address is 3490 Shearwater Street,
Naples, FL 34117 (hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT. The Contractor shall commence the Work upon date of Board award.
The contract shall be for a one (1) year period or until such time as all outstanding services
( "Work ") requested prior to the expiration of the Agreement period have been completed to the
satisfaction of the County. This contract shall have three (3) additional, one (1) year renewals,
renewable annually. 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 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 not less than ten (10)
days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: Each Contractor will enter into an Agreement to provide complete
services for Fencing Installation and Repair on an as- needed basis as may be required by the
Owner in accordance with the terms and conditions of ITB #14 -6280, Exhibit A, Scope of
Work, and the Contractor's proposal, which is incorporated by reference and made an integral
part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Facilities Management Department, any
County Department may use this contract provided sufficient funds are included in its budget.
The process for obtaining services under this Contract is as follows:
A. Process General Repair Work:
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Contractor. The Contractor shall have three (3)
business days to respond that they are willing and able to complete the Work in the required
time frame(s).
cP
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• For all Work estimated to be less than $50,000 per order: the department may select
one of the awarded Contractor(s); quote out the work among all awarded Contractor(s);
or competitively solicit for new quotes.
For Work estimated to be greater than $50,000 per order and less than $200,000 per
order: the department may quote out work among the awarded Contractor(s); or, may
conduct a separate new solicitation.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
B. Process for Replacement and New Installation.
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Contractor. The Contractor shall have five (5)
business days to respond that they are willing and able to complete the Work in the required
time frame(s).
• For all Work estimated to be less than $50,000 per order: the department may select
one of the awarded Contractor(s); quote out the work among all awarded Contractor(s);
or competitively solicit for new quotes.
• For Work estimated to be greater than $50,000 per order and less than $200,000 per
order: the department may quote out work among the awarded Contractor(s); or, may
conduct a separate new solicitation.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
C. Process for Emergency Services:
The County will contact the first available Contractor when emergency Work is to be
performed. The Contractor shall provide a verbal quote and be on Work site within sixty (60)
minutes for all locations in the Naples and Marco area. The response time for the Immokalee
and Everglades City area shall be within ninety (90) minutes.
If the Contractor(s) cannot provide the requested services within the timeframe specked or an
acceptable cost, the user department reserves its right to competitively solicit for new quotes.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
project manager or his designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to lTB # 14 -6280 - Fencing
Installation and Repair per Exhibit B Price Schedule, attached herein and incorporated by
reference or subsequent quotes. Any County Agency may utilize the services offered under
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this contract, provided sufficient funds are included in the budget(s). This contract will be
purchase order driven.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Carter Fence Company, Inc.
3490 Shearwater Street
Naples, FL 34117
Attention: Ken Carter, President
Telephone: 239 - 353 -4102
Fax: 239 - 352 -1687
Email: betty @carter - fence.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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 Service Agreement must be in writing.
5. 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.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
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other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract 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.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single
Limit 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. Business Auto Liability: Coverage shall have minimum limits of $500,000 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. 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 $500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
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Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, 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) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (d) reasonable indication that the Work will not be completed
within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f)
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.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. 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 modification
of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such modification. No officer, employee or agent of Owner is
authorized to direct any extra or changed work orally. Any modifications to this Contract shall
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be in compliance with the County Purchasing Ordinance and Procedures in effect at the time
such modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, 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) -(d) and (3)),
ordinances). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
17. 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 and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. WARRANTY. Vendor 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.
20. 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.
21, 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 Owner 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 Owner.
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22. 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 Owner or Owner'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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of all
Collier County Departments.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #14 -6280 -
Fencing Installation and Repair, Exhibit A Scope of Work, Exhibit B Price Schedule, any
addenda, etc, made or issued pursuant to this Agreement.
26. 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 specked period of time; b. Prohibition by the individual and /or firm from doing
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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 contract held by the individual
and /or firm for cause.
27. 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.
28. 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. No markup shall be applied to sales tax.
29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.G. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
30. 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.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
32. 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.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department 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.
34. 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
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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.
35. 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
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 Department Safety Manager and /or Safety Engineer.
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Remainder of page intentionally left blank
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to form and legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Carter Fence Company, Inc.
Contractor
By:
Signature
Typed Signature
Title
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EXHIBIT A
Scope of Work
14 -6280 — Fencing Installation and Repair
The Contractor shall furnish all labor, materials, tools, equipment, and supervision for the
installation and repair of fences and gates for all Collier County owned and leased properties on
an "as needed" basis.
Requirements for the repair, replacement and installation of all types of fencing, including; chain
link security, wood, vinyl, ornamental, wrought iron, plastic, and various perimeter fencing systems
include, but are not limited to the following:
1. Fence(s) shall be constructed, maintained and repaired in accordance with the industry
standards.
2. Post(s) must be set in concrete and capped.
3. Fence(s) must include bottom tension wired railing.
4. Where overhead power lines are present, fence(s) must be grounded.
5. Corner bracing may be required.
6. Pedestrians and vehicles gates, motorized and non - motorized, may be required.
7. Provide for the proper removal and disposal of fence material according to County, State and
Federal ordinances and laws, and in the most "environmentally" friendly manner.
8. Clearance area shall beat least 10' wide on each side of the fence.
9. Fence signage shall be reduced to the regulated minimum and securely attached to fence
posts.
10. Gates shall be secured in closed position so as to eliminate any free movement.
11. Gates remaining open for extended time shall be secured in the open position.
12. Chain link shall be 6 — 9 gauge with 2 inch posts.
13. Chain -link fence recommended for optimal fiber -optic sensor performance shall have:
a. Aluminum -oxide coated 9 -gauge steel wire fabric, tensioned to 1000 lbs.
b. Bottom rail with fabric twisted ends extending below it.
c. No top rails. No intermediate - height rails in run sections.
d. Reinforcement rails in brace sections installed at 3/ height.
e. Fabric attached to posts and rails using 9 -gauge galvanized steel wire ties at
least every 15 ".
f. 7 -gauge hardened galvanized steel tension wire installed 6" to 8" below the
top of the fabric.
g. Intermediate- height tension wire(s) recommended.
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h. Fabric attached to tension wire(s) using 12 -gauge galvanized steel wires ties
at least every 15 ".
i. No aluminum wire ties and no hog rings.
j. Welded barb wire outriggers.
14. Chain -link fence shall pass the following fabric tension test
a. Apply 50 Ibs force pushing on the fence fabric at the mid -point of the section.
b. Apply 50 Ibs force pulling on the fence fabric at the mid -point of the section.
c. Total range of fabric deflection shall not exceed 4 ".
d. The test shall be repeated for at least ten (10) representative locations and for all suspect
fence sections.
Further, the County requires Contractor to:
1. Maintain warehouse /distribution of fence inventory parts in the Collier and /or Lee County area.
2. Abide by all County safety standards.
3. Coordinate utility locate services prior to the start of any replacement or new installation of
fence materials.
4. Provide for "re- work" service, in the event that the County's project manager determines the
Work has not been performed to a satisfactory condition, the Contractor will return to the
project site within seven (7) business days to correct the repair, provide replacement or new
installation to the satisfaction of the County for no additional cost.
5. Provide for a material and labor warranty of one (1) year from the date of acceptance by the
County's project manager.
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Exhibit B
Price Schedule
Contract 14 -6280 — Fencing Installation and Repair
Item #.:
Position7itie'
1-1660y, Rate'—
1
Supervisor
$60.00
2
Installer
$45.00
3
General Labor
$30.00
The Contractor's hourly rate shall be on a portal -to -portal basis.
considered as "Regular Time" and defined as County business hours;
Friday 7:30 AM to 5:00 PM. "After Hours" rates shall be "time and
regular time hourly rate) and applies to Monday — Friday 5:01 PM to
Saturday and all day Sunday. The "After Hours" rate shall only be
actually worked during the "After Hours" period.
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Hourly rates are
Monday through
a half' (1.5 times
7:29 AM, all day
charged for time
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R�
Percentage p�<
Item #
Dsscri ton °�� `` �
in Decimal
'
.� ... ; �.
Percentage markup on
4
Materials
.15
The Contractor's hourly rate shall be on a portal -to -portal basis.
considered as "Regular Time" and defined as County business hours;
Friday 7:30 AM to 5:00 PM. "After Hours" rates shall be "time and
regular time hourly rate) and applies to Monday — Friday 5:01 PM to
Saturday and all day Sunday. The "After Hours" rate shall only be
actually worked during the "After Hours" period.
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Hourly rates are
Monday through
a half' (1.5 times
7:29 AM, all day
charged for time
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A G R E E M E N T 14-6280
for
Fencing Installation and Repair
THIS AGREEMENT is made and entered into this day of , 2014, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and BUE, Inc., d /b /a Gatekeepers /
Gateswork, authorized to do business in the State of Florida, whose business address is 1301 Rail
Head Boulevard, Suite 5, Naples, FL 34110 (hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT. The Contractor shall commence the Work upon date of Board award.
The contract shall be for a one (1) year period or until such time as all outstanding services
( "Work ") requested prior to the expiration of the Agreement period have been completed to the
satisfaction of the County. This contract shall have three (3) additional, one (1) year renewals,
renewable annually. 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 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 not less than ten (10)
days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: Each Contractor will enter into an Agreement to provide complete
services for Fencing Installation and Repair on an as- needed basis as may be required by the
Owner in accordance with the terms and conditions of ITB #14 -6280, Exhibit A, Scope of
Work, and the Contractor's proposal, which is incorporated by reference and made an integral
part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Facilities Management Department, any
County Department may use this contract provided sufficient funds are included in its budget.
The process for obtaining services under this Contract is as follows:
A. Process General Repair Work:
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Contractor. The Contractor shall have three (3)
business days to respond that they are willing and able to complete the Work in the required
time frame(s).
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• For all Work estimated to be less than $50,000 per order: the department may select
one of the awarded Contractor(s); quote out the work among all awarded Contractor(s);
or competitively solicit for new quotes.
For Work estimated to be greater than $50,000 per order and less than $200,000 per
order: the department may quote out work among the awarded Contractor(s); or, may
conduct a separate new solicitation.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
B. Process for Replacement and New Installation:
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Contractor. The Contractor shall have five (5)
business days to respond that they are willing and able to complete the Work in the required
time frame(s).
For all Work estimated to be less than $50,000 per order: the department may select
one of the awarded Contractor(s); quote out the work among all awarded Contractor(s);
or competitively solicit for new quotes.
For Work estimated to be greater than $50,000 per order and less than $200,000 per
order: the department may quote out work among the awarded Contractor(s); or, may
conduct a separate new solicitation.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
C. Process for Emergency Services:
The County will contact the first available Contractor when emergency Work is to be
performed. The Primary Contractor shall provide a verbal quote and be on Work site within
sixty (60) minutes for all locations in the Naples and Marco area. The response time for the
Immokalee and Everglades City area shall be within ninety (90) minutes.
If the Contractor(s) cannot provide the requested services within the timeframe specified or an
acceptable cost, the user department reserves its right to competitively solicit for new quotes.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
project manager or his designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB # 14 -6280 - Fencing
Installation and Repair per Exhibit B Price Schedule, attached herein and incorporated by
reference or subsequent quotes. Any County Agency may utilize the services offered under
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this contract, provided sufficient funds are included in the budget(s). This contract will be
purchase order driven.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
BUE, Inc., d /b /a Gatekeepers / Gateswork
1301 Rail Head Boulevard, Suite 5
Naples, FL 34110
Attention: Robert Unger, CEO
Telephone: 239- 254 -0077
Fax: 239 - 254 -0097
Email: bob @g8keepers.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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 Service Agreement must be in writing.
5. 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.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
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other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract 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.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single
Limit 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. Business Auto Liability: Coverage shall have minimum limits of $500,000 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. 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 $500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
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Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, 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) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (d) reasonable indication that the Work will not be completed
within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f)
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.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. 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 modification
of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such modification. No officer, employee or agent of Owner is
authorized to direct any extra or changed work orally. Any modifications to this Contract shall
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be in compliance with the County Purchasing Ordinance and Procedures in effect at the time
such modifications are authorized.
15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, 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) -(d) and (3)),
ordinances). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
17. 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 and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. WARRANTY. Vendor 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.
20. 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.
21. 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 Owner 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 Owner.
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22. 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 Owner or Owner'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 Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of all
Collier County Departments.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #14 -6280 -
Fencing Installation and Repair, Exhibit A Scope of Work, Exhibit B Price Schedule, any
addenda, etc, made or issued pursuant to this Agreement.
26. 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
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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 contract held by the individual
and /or firm for cause.
27. 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.
28. 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. No markup shall be applied to sales tax.
29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control. Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
30. 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.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
32. 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.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department 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.
34. 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
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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.
35. 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
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 Department Safety Manager and /or Safety Engineer.
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Remainder of page intentionally left blank
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
w
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
BUE, Inc., d /b /a Gatekeepers / Gateswork
in
Contractor
Signature
Type /Print Witness Name Typed Signature
Second Witness Title
Type /Print Witness Name
Approved as to form and legality:
Assistant County Attorney
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EXHIBIT A
Scope of Work
14 -6280 — Fencing Installation and Repair
The Contractor shall furnish all labor, materials, tools, equipment, and supervision for the
installation and repair of fences and gates for all Collier County owned and leased properties on
an "as needed" basis.
Requirements for the repair, replacement and installation of all types of fencing, including; chain
link security, wood, vinyl, ornamental, wrought iron, plastic, and various perimeter fencing systems
include, but are not limited to the following:
1. Fence(s) shall be constructed, maintained and repaired in accordance with the industry
standards.
2. Post(s) must be set in concrete and capped.
3. Fence(s) must include bottom tension wired railing.
4. Where overhead power lines are present, fence(s) must be grounded.
5. Corner bracing may be required.
6. Pedestrians and vehicles gates, motorized and non - motorized, may be required.
7. Provide for the proper removal and disposal of fence material according to County, State and
Federal ordinances and laws, and in the most "environmentally" friendly manner.
8. Clearance area shall be at least 10' wide on each side of the fence.
9. Fence signage shall be reduced to the regulated minimum and securely attached to fence
posts.
10. Gates shall be secured in closed position so as to eliminate any free movement.
11. Gates remaining open for extended time shall be secured in the open position.
12. Chain link shall, be 6 — 9 gauge with 2 inch posts.
13. Chain -link fence recommended for optimal fiber -optic sensor performance shall have:
a. Aluminum -oxide coated 9 -gauge steel wire fabric, tensioned to 1000 lbs.
b. Bottom rail with fabric twisted ends extending below it.
c. No top rails. No intermediate- height rails in run sections.
d. Reinforcement rails in brace sections installed at % height.
e. Fabric attached to posts and rails using 9 -gauge galvanized steel wire ties at
least every 15 ".
f. 7 -gauge hardened galvanized steel tension wire installed 6" to 8" below the
top of the fabric.
g. Intermediate - height tension wire(s) recommended.
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h. Fabric attached to tension wire(s) using 12 -gauge galvanized steel wires ties
at least every 15 ".
i. No aluminum wire ties and no hog rings.
j. Welded barb wire outriggers.
14. Chain -link fence shall pass the following fabric tension test
a. Apply 50 Ibs force pushing on the fence fabric at the mid -point of the section.
b. Apply 50 Ibs force pulling on the fence fabric at the mid -point of the section.
c. Total range of fabric deflection shall not exceed 4 ".
d. The test shall be repeated for at least ten (10) representative locations and for all suspect
fence sections.
Further, the County requires Contractor to:
1. Maintain warehouse /distribution of fence inventory parts in the Collier and /or Lee County area.
2. Abide by all County safety standards.
3. Coordinate utility locate services prior to the start of any replacement or new installation of
fence materials.
4. Provide for "re- work" service, in the event that the County's project manager determines the
Work has not been performed to a satisfactory condition, the Contractor will return to the
project site within seven (7) business days to correct the repair, provide replacement or new
installation to the satisfaction of the County for no additional cost.
5. Provide for a material and labor warranty of one (1) year from the date of acceptance by the
County's project manager.
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Exhibit B
Price Schedule
Contract 14 -6280 — Fencing Installation and Repair
Item #
Position Title
:Hour, l Rate '-
1
Supervisor
$45.00
2
Helper
$25.00
3
Gate Tech
$45.00
The Contractor's hourly rate shall be on a portal -to -portal basis. Hourly rates are
considered as "Regular Time" and defined as County business hours; Monday through
Friday 7:30 AM to 5:00 PM. "After Hours" rates shall be "time and a half" (1.5 times
regular time hourly rate) and applies to Monday — Friday 5:01 PM to 7:29 AM, all day
Saturday and all day Sunday. The "After Hours" rate shall only be charged for time
actually worked during the "After Hours" period.
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Percentage
stem # ,
Descr!066 n
in" 6eci Mali
Percentage markup on
4
Materials
.25
The Contractor's hourly rate shall be on a portal -to -portal basis. Hourly rates are
considered as "Regular Time" and defined as County business hours; Monday through
Friday 7:30 AM to 5:00 PM. "After Hours" rates shall be "time and a half" (1.5 times
regular time hourly rate) and applies to Monday — Friday 5:01 PM to 7:29 AM, all day
Saturday and all day Sunday. The "After Hours" rate shall only be charged for time
actually worked during the "After Hours" period.
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