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Backup Documents 06/22/2010 Item #16E 816E8 I MEMORANDUM Date: June 29, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5481 "Fencing Installation and Repair" Contractor: Carter Fence Company, Inc. Attached is an original copy of the document referenced above, (Item #16E8) approved by the Board of County Commissioners on June 22, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachments (2) ITEM NO.:1� �� -ka- DATE RECE11 6 E 8 i rIL' FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE 1:1 REQUEST FOR LEGAL SERVICES Date: June 22, 2010 To: Office of the County Attorney Scott R. Teach, Deputy County Attorney /� V From: Lyn Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10 -5481 "Fencing Installation and Repair" V / Contractors: FA Remodeling and Repairs, Inc. v ✓Carter Fence Company 1 Gateswork, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 22 Item /4. E. F This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: 2010; Agenda Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. VP0 C: Joanne Markiewicz, Purchasing CEECKLIST FOR REVCENVING CONTRACTS ox Entity Name: c�� E 8 Entity name correct on contract? Entity registered with FI. Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /Compl/Op Required $ _ Personal & Advert Required $ Each Occurrence Required $ \yr�: Fire /Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Workers Compensation t CAP_ T S Each accident Require `d $ r Disease Aggregate Required $ Disease Each Empl Required $__ Umbrella Liability Each Occurrence Aggregate Does Umbrella sufficiently cover any Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: No No _K5Y s No Yes -No �Ye•s � Nor►. qtG _ie ' eS No 11 Provided $_ Z v l Provided $ is 1 / Provided Provided $ t r r Provided $_ Provided Ileb SboV„ f Provided $_ Lm� Provided $ U Provided $..— Provided $y� Provided $ t r r L underinsured portion? Provided $ Provided $ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date Exp Date ► ► 1 Exp Date Exp Date Exp Date Exp Date ►I ► >y Exp Date__Yr r —Yes -k�'No Exp. Date _ _ Exp. Date Provided $ _ Exp Date —Yes No � Yes No ✓ _ l es �—� No _Yes Yes No Yes No Yes No s No s No es No Yxs No No es No Yes No i/ Yes _No Reviewer Initials- ✓� _ �� Date: 04 CO, iI 02 MEMORANDUM 16E8 i TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: June 22, 2010 RE: Review Insurance for Contract: #10 -5481 "Fencing Installation and Repair" Contractors: FA Remodeling and Repairs, Inc. VCarter Fence Company Gateswork, Inc. This Contract was approved by the BCC on June 22, 2010; Agenda Item i( e.)? Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Joanne Markiewicz, Purchasing DATE RECEIVED JUN 2 3 2010 AN mausen_9 16 E 8 From: RaymondCarter Sent: Friday, June 25, 2010 12:57 PM To: Lyn W ood Cc: MarkiewiczJoanne; mausen_g; HerreraSandra Subject: Contract 10 -5481 "Fencing Installation and Repair" All, I have approved the certificate of insurance provided by Carter Fence Company for contract 10 -5481. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Rm" O SA Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by FEI /EIN Number Florida Profit Corporation / CARTER FENCE COMPANY, INC. V Filing Information Document Number P93000066139 FEI /EIN Number 650448418 Date Filed 09/17/1993 / State FL Status v/ ACTIVE Effective Date 09114/1993 Last Event AMENDMENT Event Date Filed 09/08/2009 Event Effective Date NONE Principal Address 3490 SHEARWATER ST. NAPLES FL 34117 US Changed 01/08/2008 Mailing Address 3490 SHEARWATER ST. NAPLES FL 34117 US Changed 01/08/2008 Registered Agent Name & Address CARTER, KENNETH D 3490 SHEARWATER ST. NAPLES FL 34117 US Name Changed: 01 /19/2007 Address Changed: 01 /08/2008 Officer /Director Detail Name & Address Title PD CARTER, KENNETH D 3890 7TH AVE. N.W. NAPLES FL 34120 Title VP SCHROPFER, FRANCIS C 1216 ROSEMARY LN Document Searches Forms Page 1 of 2 Help http: / /www. sunbiz.org/ scripts /cordet.exe ?action =DETFI L &inq_doc_ number= P930000661... 5/13/2010 www.sunbiz.org - Department of State NAPLES FL 33940 Title STD ULYSSE, BETTY 5251 23RD CT NAPLES FL 34116 Annual Reports Report Year Filed Date 2008 01/08/2008 2009 01/20/2009 2010 01/20/2010 Document Images Page 2 of 2 `''8 1 01/20/2010 ANNUAL REPORT View image in PDF format 09/08/2_009 -- Amendment View imaga in POF format 01120/2009 _ANNUAI.�REPORT View image in PDF format _01/08 /2008 ANNUAL REPORT View image In PDF format 07/2312007 = Amendment View image iR PDF format 05/18/2007 -- Off /Dir Resignation View image in PDF format ,. 01/19/2007 -- ANNUAL REPORT View image In PDF format 01/10/2006_ ANNUAL REPORT Viawimagein;PDFformat 05/1712005 ANNUAL REPORT View image in PDF form art 04/27 /2004 =- ANNUAL REPORT 'Vl" ge iFl,F1S7F'fo /h47 'I 01/17/2003 - -AN NUAL RE PORT Viawimago in Por format 02/14 /2002. -- ANNUAL REPORT, VleW image. in PDF format 02/2712001 --ANNUAL. REPO_ RT View image in PDF format 01/27/2000 _- _ANNUAL REPORT View image: in PDF format 03/16/1999 _ANNUAL REPORT ViewimagPinPDFfpmiat 08112!1998 _ANNUAL. REPORT View image;" PDffo" 03/18/1997 -- ANNUAL REPORT View image in PDF format ,. 05 /01_ /1996. ---- ANN. UN REPQRf View image in PDF format { 07/05/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History 1[ r -,, ',, t ", I ,, In'CI�29 I i r d hnq ccr t ^s I -O:ros Heio I ipVr i II t I (In+)(Y P Iic,v, t c ,I i, ri n t art ino= t n` State. http: / /www. sunbiz.org/ scripts /cordet.exe' ?action =DE'FFI L &inq_doc_number =P93 0000661... 5/13/2010 16E8 A G R E E M E N T 10-5481 for Fencing Installation and Repair THIS AGREEMENT, made and entered into on this 22nd day of June, 2010, by and between Carter Fence Company, Inc., authorized to do business in the State of Florida, whose business address is 3490 Shearwater Street, Naples, Florida 34117, hereinafter called the "Contractor ", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on August 13, 2010, and terminating on August 12, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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. The Contractor shall provide fence installation and repair in accordance with the terms and conditions of RFP #10 -5481 and the Contractor's proposal referred to herein and made an integral part of this agreement. 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 Policy and Administrative Procedures in effect at the time such services are authorized. • For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. • For work more than $50,000 and less than $200,000; the department may quote out work among all the vendor(s) on contract, 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. Page I of 7 16EB 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be submitted as lump sum or time and material. The using department shall retain the detail. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of " laches° as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ken Carter, President Carter Fence Company, Inc. 3490 Shearwater Street Naples, FL 34117 Telephone: 239- 353 -4102 Facsimile: 239 - 352 -1687 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Agreement 10 -5481 Page 2 of 7 Fending Installation and Repair 1 � • • 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Agreement 10 -5481 Page 3 of 7 Fending Installation and Repair 16E 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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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. 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. 12. 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Agreement 10 -5481 Page 4 of 7 Fending Installation and Repair 16 Eg 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5481 Specifi- cations /Scope of Services and Addendum. 16. SUBTECT 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. 17. 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, 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. 18. 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 Agreement 10 -5481 Page 5 of 7 Fending Installation and Repair 16 E8 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. Agreement 10 -5481 Page 6 of 7 Fending Installation and Repair 16E8 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA trlerk of Courts Y First Wi e TType /print witness nar6eT Second Witne s TType /print iUness AameT Approved as to form and legal sufficiency: Deputy County Attorney Print Name Agreement 10 -5481 Fending Installation and Repair Page 7 of 7 ` w C By: 4 Fred W. Coyle, Chairman Carter Fence Company, Inc. Co for ByZ'�' Signature Typed signature and itlt� e Item A Ate, I Agenda Date I ,; � i'I 16E A6Za CERTIFICATE OF LIABILITY INSURANCE DA E(MMIDDfYYYY) 2010 PRODUCER Phone: 888- 262 -2239 Fax: 239 -261 -8265 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown of Florida Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 999 Vanderbilt Beach Road, #507 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Naples FL 34108 -3507 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Carter Fence Company, Inc. 3490 Shearwater Street, Unit E Naples FL 34117 -8414 rnVFRAI NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDT RaU TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS • X GENERAL LIABILITY GL0009674 I /1/2010 1/1/2011 EACH OCCURRENCE $1,000 000 X COMMERCIAL GENERAL LIABILITY DAMA E RENTED PREMISES Ea occurrence 5300.000 MED EXP(Any one person) _ $10 000 CLAIMS MADE E OCCUR PERSONAL S ADV INJURY $1,000, 000 X. Cont- rArtual _._ X XCU Liability GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER _PRODUCTS- COMP /OPAGG $2,000,000 POLICY X PRO- LOG SOL • X AUTO X MOBILE LIABILITY ANY quio CA0015035 1/1/2010 1/1/2011 COMBINED SINGLE LIMIT Is accident) $ 1, 000, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per acutlanp $ HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY'. AGO • X EXCESS I UMBRELLA LIABILITY n UMB0009992 ,1/1/2010 1/1/2011 EACH OCCURRENCE $5 000 000 AGGREGATE J5 , 000 000 X OCCUR LJ CLAIMS MADE $ I _ $ DEDUCTIBLE $ X RETENTION $IQ, 00 A WORKERS COMPENSATION AND EMPLOYERS' YIN ANY PROPRIETOR /PARTNER /EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? OO1WC10A63207 1/1/2010 1/1/2011 VuC STATU- OTH- X LIM T, I BE E. L. EACH ACCIDENT $1 000 000 E. L. DISEASE EA EMPLOYEE -- $ 1 000 000 (Mandatory in Ni If yes, tlescri under EL. DISEASE - POLICY LIMIT $1 000 000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Fence Installation ertificate Holder is included as Additional Insured with respect to General liability only per form CGL 084 (11/08) - lanket Additional Insured as required by written contract, including Products and Completed Operations. Coverage is rimary & non- contributory basis and includes a waiver of subrogation. crkers Compensation Blanket Waiver of Subrogation applies per form WC000313 - Waiver of Our Right to Recover from ee Attached... Collier County Board of County Commissioners 3301 Tamiami Trail East Naples FL 34112 ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA,1LURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 9 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2009101) J We* Others. * Notice of Cancellation 45 days except 10 days due to nonpayment of premium. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insured Name: CARTER FENCE COMPANY INC Policy Number: 001 -wC10A -63207 Agency Name: 283, Brown S Brown of FL Inc /Naples WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE All persons or organizations that, in a written contract executed by both parties prior to the date of the injury covered by this policy, require you to obtain this agreement from us. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise noted. Issued by: FCCI Insurance Company 24570 Endorsement Number 0000013 Effective Date: 1 /01 /10 Date Issued: 1/06/10 Countersigned by Authorized Representative WC 00 03 13 Copyright 1583 National Council on Compensation Insurance =0201 W4 COMMERCIAL GENERAL LIABILITY CGL 084 (11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. A. Section 11— Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of "your work' for the additional insured. B. All policy exclusions relating to you in the Commercial General Liability Coverage Form, including any exclusions added by endorsement, shall apply to the additional insured herein. C. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "Bodily injury", 'property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. D. This endorsement does not apply to any additional insureds scheduled on the CG 2010, CG 20 37, CGL 005, or CGL 021 endorsements, when any of those endorsements are also attached to the Commercial General Liability Coverage Form. CGL 084 11 08 Includes copyrighted material of the Insurance Services Offices, Inc. with Its permission. Page 1 of 1 Copyright 2008 FCCI Insurance Group. EXHIBIT A -1 Contract Amendment 16E w 10 -5481 "Fencing Installation and Repair" This amendment, dated July 1, 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Carter Fence Company, Inc. (to be referred to as "Contractor" and Collier County, Florida, (to be referred to as "County "). Statement of Understanding RE: Contract # 10 -5481 - "Fencing Installation and Repair" Statement of Understanding The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by t-i'�� oughs. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on AegwA -13 919 June 22, 2010 and terminating on _ ^ -_o_ '_'_, ' June 21, 2012. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. CONTRACTOR: Carter Fence Company, Inc. B,Ze- y Type Name of Signatory 1 _ Accepted:') '2010 OWNER: BOARD FCOUNTY COM SIONERS OF C LIEK 9QUNTY, FLORIDA By: / 1KCIf I I D Y ' 11 J wt Joa ne Markiewicz, Project Manager RI R'FMENT DIRECTOR By: �- t Steve Carnel CONTRACT SPECIALIST By C t ki L C GLL., u LA Woo vG� 16E8 MEMORANDUM Date: July 6, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5481 "Fencing Installation and Repair" Contractor: FA Remodeling and Repairs, Inc. Attached is an original copy of the document referenced above, (Item #16E8) approved by the Board of County Commissioners on June 22, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO.: �� -�' OIIn�I� DATE RECEIVED FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 22, 2010 fl To: Off' of the County Attorney Cott . Teac h, puty County Attorney From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10 -5481 "Fencing Installation and Repair' Contractors: �FA Remodeling and Repairs, Inc. Carter Fence Company Gateswork, Inc. BACKGROUND OF REQUEST: —1 \ This Contract was approved by the BCC on June 22, 2010; Agenda / Item v This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. r C: Joanne Markiewicz, Purchasing 16E8 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: June 22, 2010 RE: Review Insurance for Contract: #10 -5481 "Fencing Installation and Repair" Contractors: ✓FA Remodeling and Repairs, Inc. Carter Fence Company Gateswork, Inc. This Contract was approved by the BCC on June 22, 2010; Agenda Item �6 r Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Joanne Markiewicz, Purchasing 4 �2 `5�O DATE RECEIVED JUN 2 3 2010 RISK MANAGEMENT 16E8 mausen_g From: RaymondCarter Sent: Monday, June 28, 2010 8:55 AM To: LynWood Cc: MarkiewiczJoanne, mausen_g; HerreraSandra Subject: Contract 10 -5481 "Fencing Installation and Repair" All, I have approved the certificate(s) of insurance for the following vendors for contract 10 -5481: 1. FA Remodeling and Repairs, Inc. 2. Gateswork, Inc. These contracts will now be forwarded to the county attorney's office for their review. Thank you, Ray RMV""7VSA Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address re:eased in response to a public records request, do not send electronic mail to this entity. Instead.. contact this office by telephone or in writing. l�LS #__► X016_ _ CHECKLIS'r FOR REVIENVMG CONTRACTS Entity Name:. Entity name correct on contract'? Entity registered with FL Sec. of State? s No Yes No Insurance County named as additional insured? Yes Insurance Certificate attached? Yes No Insured registered in Florida? Is County indemnifying other party? Yes - No Contract # &/or Project referenced on Certificate? s No Certificate Holder name correct (BCC ? /_�_ Y'es Yes Commercial General Liability - yes _ _No General Aggregate Required $ Provided $ � `1 Exp. Date d I Products /Compl/Op Required $ Provided $t, r_ I Exp. Date Personal & Advert Required $ Provided $ j � Exp. Date Each Occurrence Required $ m i \� Provided $�. —LL. Fxp. Date __ Fire/Prop Damage, Required $_ _ Provided $ t r Exp. Date __ Automobile Liability - � -- Bodily Inj & Prop Required $ Provided $!`yy� Exp Date Workers Compensation+ O Vab ..%b) Each accident Required $ Provided $ Ow'OAr��, Exp Date --`-11 \ �L(JIi2• Disease Aggregate Required $_ Provided $ L'xp Date _. Disease Each Empl Required $ _ Provided .$_. Exp Date Umbrella Liability _ - Each Occurrence Aggregate Does Umbrella sufficiently cover any Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Provided $ _ Provided $_ _ underinsured portion? _ Provided $ Provided $ Exp Date Exp Date Yes No Exp. Date Exp. Date Required $ Provided $ County required to be named as additional insured? County named as additional insured? Yes Indemnification No Does indemnification meet County standards? Yes Is County indemnifying other party? _Yes Performance Bond No Bond requirement referenced in contract? Yes If attached, expiration date of bond Authorization for executor to sign, if necessary: _ Does dollar amount match contract? Yes Agent registered in Florida? - yes Exp Date _No No No No No No Signature Blocks Correct executor name in signature block? / ✓ es No Correct title of executor? es No Executor authorized to sign for entity? ffs No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: _ Chairman's signature block? 7 No Clerk's attestation signature block? es No County Attorney's signature block? Yes No i� Attachments Are all requuired red attachments included? Yes No ✓��y'F.j�� �/'� Reviewer Initials. � t nape: V A CC) A. -01 22 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name / Florida Profit Corporation FA REMODELING AND REPAIRS INC V Filing Information Document Number P09000090961 FEI /EIN Number 271218454 Date Filed 11/04/2009 State FL Status ACTIVE Principal Address 8244 KEY ROYAL CIRCLE #636 NAPLES FL 34119 Mailing Address 8244 KEY ROYAL CIRCLE #636 NAPLES FL 34119 Registered Agent Name & Address ALVEAR, FELIPE O 8244 KEY ROYAL CIRCLE 636 NAPLES, FL 34119 US Officer /Director Detail Name & Address Title P ALVEAR, FELIPE O 8244 KEY ROYAL CIRCLE, #636 NAPLES FL 34119 Title VP CAVERO,CARLA 8244 KEY ROYAL CIRCLE #636 NAPLES FL 34119 Annual Reports Report Year Filed Date 2010 03/04/2010 Document Images Document Searches �P6L O Forms Help Entity Name Search Ei� http: / /www. sunbiz. org /scripts /cordet. exe? action = DETFIL &inq_doc_numbet = PO90000909... 5/13/2010 www.sunbiz.org - Department of State 03/04/2010 .,_ANNUAL REPORT ViewjmagejnPUFform�l 11/04/2009 _Domestic. Profit View ltrisat jn'Ppr ism art Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History 111, 1, ( If d clew [ "), Sere _ h'ol.n; HaID ( ur.,, igtll Pohues CGpYr j'[ U, )O0/ .ae 0 1 of da, I )eparbneilt of State, Page 2 of 2 16E8 Entity Name Search http: / /www. sunbiz. org /scripts /cordet.exe? action = DETFIL &inq_doc_number= PO900009O9... 5/13/2010 • F AGREEMENT10 -5481 for Fencing Installation and Repair THIS AGREEMENT, made and entered into on this 22nd day of June, 2010, by and between FA Remodeling and Repairs Inc., authorized to do business in the State of Florida, whose business address is 8244 Key Royal Circle, #636, Naples, Florida 34119, hereinafter called the "Contractor ", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on August 13, 2010, and terminating on August 12, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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. The Contractor shall provide fence installation and repair in accordance with the terms and conditions of RFP #10 -5481 and the Contractor's proposal referred to herein and made an integral part of this agreement. 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 Policy and Administrative Procedures in effect at the time such services are authorized. • For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. • For work more than $50,000 and less than $200,000; the department may quote out work among all the vendor(s) on contract, 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. Page I of 7 16E8 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be submitted as lump sum or time and material. The using department shall retain the detail. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of " laches° as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Carla Cavero, Vice President FA Remodeling and Repairs Inc. 8244 Key Royal Circle, Unit 636 Naples, Florida 34119 Telephone: 239 - 601 -0122 Facsimile: 239 - 354 -8089 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239- 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Agreement 10 -5481 Page 2 of 7 Fending Installation and Repair 16E8 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Agreement 10 -5481 Page 3 of 7 Fending Installation and Repair 16E8 a 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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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. 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. 12. 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Agreement 10 -5481 Page 4 of 7 Fending Installation and Repair 16E8 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5481 Specifi- cations /Scope of Services and Addendum. 16. 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. 17. 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, 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. 18. 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 Agreement 10 -5481 Page 5 of 7 Fending Installation and Repair 16E8 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. Agreement 10 -5481 Page 6 of 7 Fending Installation and Repair 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: DwightX.` V6—ck, 0.&t of Courts By: y Dated`' st Witness bi TType /print witness nameT Second Witness il Y E (CIA l� ( - lam, . ri C; �'\ TType /print witness nameT to form and legal Agreement 10 -5481 Fending Installation and Repair BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, Chairman FA Remodeling and Repairs Inc. Contractor By: Signature Typed signature and title LES ; is UL{dCJLd Date Feed Page 7 of 7 COA � :O" rfl ,cION # DD655870 (407j $98 -, �" • J.R ALAMO - MY COMMISSION # DD655870 '•',?o,N EXPIRES March 26, 2011 (AO'!)J9 ➢_09i_ _onOeNOlaryearviGe.Wm 1 t' [Q DarE(MM 1 CERTIFICATE OF LIABILITY INSURANCE OPID O5 12 2 10 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WNIAul NAME: Gulf Coast Insurance, LLC PHONE MIN., Eat: (AC, No): ,- ADDRESS: 7795 Davis Blvd., Suite 205 Naples FL 34104 cusRarhoMERIE o FAREM -1 Phone:239- 403 -3940 Fax:239- 403 -3943 -- - - ---- - ___ _ INSURERIS) AFFORDING COVERAGE _ NAIC If - - -- - INSURED - INSURERA:_ Accident Insurance Company A FA Remodeling & Repairs INC. 8244 Key Roval Cir. 88 Naples FL 34119 - INSURERB: INSURER C: 03/06/10 INSURER D PREMISES (Ea occurrencs) $ 10DDD0. INSURERE: $ 5000. PERSONAL B ADV INJURY INSURER F: I.J.P1 a 9IICI4.�. 33II9LFI_\ 1 a: DJ PI I:J a: N ATl W U7: t: III J, I : I d:� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUDI INSR WVD POLICY NUMBER (MM /DD/YYVV) (MM /DDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000, A X COMMERCIALGENERAL LIABILITY X CLAIMS -MADE El OCCUR AGL87785 03/06/10 03/06/11 PREMISES (Ea occurrencs) $ 10DDD0. MED EXP(Anyone Person) $ 5000. PERSONAL B ADV INJURY $1000000, GENERAL AGGREGATE $2000000, GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2000000, X POLICY PRO- LOG ECT - -- -$ –_ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANYAUTO - -- BODILY INJURY (Per Person) $ ALL OWNED AUTOS - - - -- BODILY INJURY (Per accident) $ SCHEDULEDAUTOS HIRED AUTOS -- PROPERTY DAMAGE (Per accident) $ NON -0W NED AUTOS $ I UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIV OFFICER/MEMBER EXCLUDED? /A A - T TORY LIMITS ER E . EACH ACCIDENT - – - $ E. L. DISEASE- EA EMPLOYE - - - — - -___- $ (Mandatory in NH) If yes, describe under --- E.L. DISEASE - POLICY LIMIT - - -_ $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is reRUired) Collier County Board of County Commissioners are ''Additionally Insured" in regards to General Liability Contract # 10 -5481 (fencing installation 6 repair) CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners Purchasing Dept. 3301 E Tamiami Trail Naples FL 34112 COLLIE2 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Doris reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD � ALEX SINK STATE OF FLORIDA 16E8 CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMFIENSATION LAW CONSTRUCTION INDUSTRY EXEMPTION This certifies that the its"dual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE 01/20/2010 EXPIRATION DATE: 01/20/2012 PERSON: CAVERO CARLA FEIN: 271218454 BUSINESS NAME AND ADDRESS: FA REMODELING AND REPAIRS INC 8244 KEY ROYAL CIRCLE, 6936 NAPLES FL 34119 SCOPES OF BUSINESS OR TRADE: 1- REPAIR SERVICE 2- PAINTING 3- HANDYMAN 4- DRYWALL IMPORTANT. Persona[ to Chapter."" . 051141, F.S., an officer of a corporation who elects exemption from Mrs chapter by filing a certificate of election =der this section may not recover benefits or compensation odder this chapter. Pursuant 90 Chapter 440.05(12. F.S., Urifieales of election to be exempt.— apply only within the scope of the business of trade Iiswo an the notice of election M be exempt. Personal to Chapter 440.05(13). F.S., Notices of election to be exempt and certificates .f election to be exempt stall be subject to rencafien if, at say time after the filing of fhe notice or the feel.... of 16. certificate, Me'anon named o. the antic. or certificate no longer meets the rmlainnawas of this section for Issuance of a cenllicatc The department shall revoke a certificate 4 ..y time for failure of Me person named on the certificate to meet thn requirements of this section. )WC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09 -06 QUESTIONS? (850) 413 -1609 01 -20 -2010 ALEX SINK STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 01 120/2010 PERSON: ALVEAR FEIN: 271218454 BUSINESS NAME AND ADDRESS: FA REMODELING AND REPAIRS INC 8244 KEY ROYAL CIRCLE, 9936 NAPLES FL 34119 SCOPES OF BUSINESS OR TRADE: 1- REPAIR SERVICE 3- DRYWALL EXPIRATION DATE: 0112012012 FELIPE O 2- PAINTING i 4- CARPENTRY IMPORTANT. Pursuant M Chapter 440 . 061140, F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election "der Mls section may Rot recover benefits ar compensation Rader Mis chapter. Pecsuamt to Chapter 440.051121, F.S., Certificates of election to be exempt.. apply only within the scope of the business or trade listed on the "lice of election to be exempt. Pars=nl to Chapter 440.05(13L F.S., Notices of election to be exempt and certificates of election to he exempt shall be subject M revocation it., at any time niter the filing of the notice or the Issuance of the certificate, the person named on the notice or certificate no longer mats the requirements of Mis section for Instance of a certificate. The department shall revoke a certificate at any time for fellow. of Me person named an the certificate to meet rte requirements at this section. QUESTIONS? (850) 413 -1609 OWC -252 CERTIFICATE OF ELECTION M BE EXEMPT REVISED 09 -06 Fm:The Muzzi Group Fx 888 -455 -8599 Ph 239 -455 -5161 To:Cavero /FA Remodeling & Repairs 14:26 0611011OGMT -04 Pg 02 -02 ACORCi mTe 11NiSR!YYYrI � CERTIFICATE OF LIABILITY INSURANCE 16E8 THIS CERTIFICATE IS ISSVEO AS A MATTER OF DIFORMAl10N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POULTES BELOW. THIS CERTIFICATE OF INSURANCE 00E8 NOTCONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. MPORTANT:NMbrBM<fL ROTMrIi in ADDITpNALBieMEU, ib pRMry(Wflnurb SMPrtPLL NeUNEOGAT,WI4 WANEO,RUbNELb Ib Grw uoldWROb,i MNi fVTq'. unaln pOlkki mfyrpWAEn inbriNRin[. ANYnx :ian MlieiNRCm eonM wMrflgRliroNa Yi' _.u:N1lW hdtlerin1W .Ofiuch- d9nvmnfL.1'___._.._ _ #• PRGwEen _. __ The MUazl m '; 4930 Gdtlel GO Gele ParRWRY Naples. FL 34116 -: Phorq (239)45S3161 Fax (239)d36 -0063 INSwcaley: wnouccwrAwe Iwci Lsunr6 igFyg -� ALLSTATE INS CO _ FA REA10CCUNG 6 REPAIR INC Pr uRER e 8244 KEY ROYAL CRM636 MURC? G _ 14APLES,FL34119 NwniR -- (239j 801 -0142 DEIT'no' M MAYBE WLED OR MAY PERTAIN, THE INSURANCE AFFORDED DYTHE POLIGFS DESCRIBED HEREIN 6 SUBJECT TO ALL WE MR" EACLUSNNISAND CONDITIONS OF SUCH POLICIES, UNITS SHOWN MAY HAVE BEEN REDUCED _ _ POL_C_r rNbA _ _LNItiti BY PAID NfO CIANS. LREIPD(TYrrl ____ uYnF t EACHBCCURRE4SE �, '+I rnERRS_URRNCE MR _.�. Gf..LL14IDRY i0 W GENER^1 WB4J1Y LAM4@ E MEO S_ MEDIXP vy ml i �CIONMENC I❑ ❑ ..Y.WUE El IX'.CIM PFARONLLSMV NJJRY III ._.... .APPLI ........... : GFNEWd RDaTEGAIF nCpWYiE(v.'•W'/_K+6 M- AOOREOAIELpAVFHWtEi 1E0. '�GE11 u POLICY V !f� ❑ ICC _! __ AVnM1GBEELNN4Jry (E.*,AY4l xclE UMR i ❑ PNTWlD 9NRr 10 IPS pa' 1 F 500 �1 ALL pvMEO eUrVe A N' scnmuLes nuros Od8911M6 �W14Q010 04/14(2011 s- S00 C04 wDAr RUwv lPS.me.x y ,� Fi mREo aoe e cptft YDNAMA ...... I ] NoNgmgn NJros i �. _ UM ME BRELLA Y li [] DCCIN EACH OCLVRRfIKE 1 ❑ IXCtlB LINE ❑ ClggnM� _ i AcGa[wR 1. _. Lj IIJ wOUCnBLE i �s P? nESCRIMONOFDR'MTgHSJ LOCAPON3, ANCtLe INUP'h ROM013L AA5nem1 mnn,la U..hn.o. I.. .w , CA .. CERTIFICATE HOLDER CANCELLATION 9HOULDAMY OF TNEABOVE plF9CNBPD POUCIE9 BE CANCELLED BEFtlRE TIECRRCAATIONDA DIEREOr,NOTICEWLL BE DELNERED IN I COLLIER COVNTY BOARD OF COUfJiY CONMISgNERS ', ccwronxce wlTU TVe vGLlcv Pnovnloue. 3301 TAhdAW TRAIL EAST NAPLES, FL 34112 — __— __— __..._.. i MITRORVPDRfDRFLENUIN ATTr PURCHASING DEPT Kimbery Pdrozd'eBen - , ®188 -260 ACORO COR RA I '" e 0.COR0 26 (21109 /6B)GF The ACORD OamB and lPBO an RQiebRf mirYA EXHIBIT A -1 Contract Amendment 36E8 10 -5481 "Fencing Installation and Repair" This amendment, dated July 1, 2010 to the referenced agreement shall be by and between the parties to the original Agreement, FA Remodeling and Repairs, Inc. (to be referred to as "Contractor" and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10 -5481 - "Fencing Installation and Repair" Statement of Understanding The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underlinine; deletions from the Agreement are shown by strikethroughs. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on X1-^0 June 22, 2010 and tenninating on August 12, 20112 June 21, 2012. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. CONTRACTOR: FA Remodeling and Repairs, Inc. 4 By: rrype Name of Signatory Accepted: i l 2010 BOARD COUNTY COMMISSIONERS OF COLL FR C�UNTY, FLORIDA By: 1 l( �vt J wl Joanne Markiewicz, Project Manager DEPARTMENT DIRECTOR B' 7 6MA Stevl e CanlelP 7 CONTRACT SPECIALIST By ��lu/ -1L7 C 1i2 �12�k� Lyn iWood 16EB MEMORANDUM Date: July 6, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5481 "Fencing Installation and Repair" Contractor: Gateswork, Inc. Attached is an original copy of the document referenced above, (Item #16E8) approved by the Board of County Commissioners on June 22, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO.: 10 _��.�'�y�`� FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 22, 2010 DATE To: Office of the County Attorney colt R. Teach, eputy County Attorney From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10 -5481 "Fencing Installation and Repair" Contractors: FA Remodeling and Repairs, Inc. Carter Fence Company ✓Gateswork, Inc. 16E8 RECEIVED: --I \k BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 22, 2010; Agenda ✓S Item /6 c" �? k This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Joanne Markiewicz, Purchasing Vp 16E8 I MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist j9 Purchasing Department f iJ DATE: June 22, 2010 RE: Review Insurance for Contract: #10 -5481 "Fencing Installation and Repair" Contractors: FA Remodeling and Repairs, Inc. Carter Fence Company Gateswork, Inc. This Contract was approved by the BCC on June 22, 2010; Agenda Item 46-F Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Joanne Markiewicz, Purchasing DATE RECEIVED JUN 2 3 2010 MIK .0 mausen g From: RaymondCarter Sent: Monday, June 28, 2010 8:55 AM To: LynWood Cc: MarkiewiczJoanne; mausen_g; HerreraSandra Subject: Contract 10 -5481 "Fencing Installation and Repair" All, I have approved the certificate(s) of insurance for the following vendors for contract 10 -5481: 16E8 mausen_a From: RaymonclCarter Sent: Monday, June 28, 2010 8:55 AM To: Lyn W ood Cc: MarkiewiczJoanne; mausen_g; HerreraSandra Subject: Contract 10 -5481 "Fencing Installation and Repair" All, I have approved the certificate(s) of insurance for the following vendors for contract 10 -5481: 1. FA Remodeling and Repairs, Inc. 2. Gateswork, Inc. These contracts will now be forwarded to the county attorney's office for their review. Thank you, Ray ltd Cmkte-k Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. CHECKLIST FOR RF;VIPWING CONTRACTS -7 ���� ���� 1. E 8 Entity Name: \Cy"C'<s- 2S�37S L�- Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /Compl/Op Required$ :V�j Personal & Advert Required $ Each Occurrence Required $� Fire/Prop Damage Required $ __ Automobile Liability Yes No es -- _ No es No fYes _ _ No M Yes No _. __Yes - No Provided $ 2rni U Provided $?.rn(_k_� Provided $ kVV!� i \ k Provided$ tt i� Provided $_o_�_ Bodily Inj & Prop Required $ '606V­ Provided $ r _ Workers Compensation GM 1 r�� SW Each accident Required e P J'f Prrovt $ 1 m,"` 1 Disease Aggregate Required $ Provided $ �t t/ Disease Each Erupt Required $ Provided $ _ 4 s Umbrella Liability Exp. Date_ �D Fxp. Date Fxp. Date / Exp. Date Exp. Date _ Exp Date '41,,-A I1) Exp Date _ Exp Date t / Exp Date Each Occurrence Provided $ Exp Date Aggregate Provided $ _ Exp Date. Does Umbrella sufficiently cover any underinsured portion? Yes No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ _ Provided $ Exp. Date Other Insurance Each Occur Type: Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Provided $ Exp Date L/ Y s No c No Zes No Yes kl-�<:o Yes No Yes No Yes No �S Yes SS S Nc Nc Nc No No No No I Yes ____No Reviewer Initials. Dater 04 -001 03" 22 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by FEI /EIN Number Florida Profit Corporation GATESWORK, INC Filing Information Document Number P03000046881 FEI /EIN Number 061691073 Date Filed 04/28/2003 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/10/2010 Event Effective Date NONE Principal Address 1330 RAIL HEAD BLVD SUITE #2 NAPLES FL 34110 Changed 03/23/2009 Mailing Address 1330 RAIL HEAD BLVD SUITE #2 NAPLES FL 34110 Changed 03/23/2009 Registered Agent Name & Address SPIEGEL & UTRERA, P.A. 1840 CORAL WAY, 4TH FLOOR MIAMI FL 33145 US Officer /Director Detail Name & Address Title PSTD UNGER,ROBERTJ 1330 RAIL HEAD BLVD. STE NAPLES FL 34110 Title VP RODRIGUEZ, RAFAEL 4717 7TH STREET WEST LEHIGH ACRES FL 33971 Annual Report s Document Searches Page 1 of 2 16E8 Forms Help http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P030000468... 5/13/2010 k www.sunbiz.org - Department of State Report Year Filed Date 2008 01/05/2008 2009 03/23/2009 2010 02/15/2010 Document Images 02115/2010 ANNUAL REPORT View image: in PDF format 03 /23 /2009 ANNUAL REPORT View Image inPDFformat 01/05/2008 ANNUAL REPORT yiewiftlo inPOFf6krmat 0210212007 ANNUAL REPORT View itaagain:POFfor"M: 04/13/2006 -- ANNUAL REPORT VieW Image in PDF format 02/06 /2005 -- ANNUAL = REPORT View image. in PDF formst " 08/06 /2004 - ANNUAL REPORT View image inPDF.format 04/28 /2003 -- Domestic Profit VWW image inPDF ,,,f„ Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History 16 E g Page 2 of 2 I1omr I "nntacf o[un enl "w(I(" I t 5 how 'Se r"Cos I IOr,!". I tlelu i C opv1 qh[ doff Pnvd('v PoIi( os ('o,yt t r )G(O S ofe of iond , ht I.`rlm, i of State. http: / /www. sunbiz.org /scripts /cordet.exe? action = DETFIL &inq_doc_number= P030000468... 5/13/2010 A G R E E M E N T 10-5481 for Fencing Installation and Repair THIS AGREEMENT, made and entered into on this 22nd day of June, 2010, by and between Gateswork, Inc., authorized to do business in the State of Florida, whose business address is 1330 Railhead Boulevard, Unit 2, Naples, Florida 34110, hereinafter called the "Contractor ", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on August 13, 2010, and terminating on August 12, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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. The Contractor shall provide fence installation and repair in accordance with the terms and conditions of RFP #10 -5481 and the Contractor's proposal referred to herein and made an integral part of this agreement. 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 Policy and Administrative Procedures in effect at the time such services are authorized. • For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. • For work more than $50,000 and less than $200,000; the department may quote out work among all the vendor(s) on contract, 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. Page 1 of 7 &V L V 16E8 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be submitted as lump sum or time and material. The using department shall retain the detail. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Robert J. Unger, President Gateswork, Inc. 1330 Railhead Blvd., Unit #2 Naples, FL 34110 Telephone: 239 - 597 -1692 Facsimile: 239 - 254 -0097 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Agreement 10 -5481 Page 2 of 7 Pending Installation and Repair 16 Es 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Agreement 10 -5481 Page 3 of 7 Fending Installation and Repair 16 E 8 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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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. 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. 12. 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Agreement 10 -5481 Page 4 of 7 Fending Installation and Repair 16E8 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5481 Specifi- cations /Scope of Services and Addendum. 16. SUBTECT 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. 17. 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 IIl, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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. 18. 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 Agreement 10 -5481 Page 5 of 7 Fending Installation and Repair 16E8 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. Agreement 10 -5481 Page 6 of 7 Fending Installation and Repair • ' 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:; ^1,� Dwight E. Mick, �Yerk' of Courts By Dated: AtEAI,�4 ,t�d x1� Mai �u•'�C� a .. First Witness TType /print witness nameT Second Witness J&, I 62,'Cl : ile5 TType /print witness nameT Approved as to form and legal suffifienFyi "wjbf Ctpnf t A Agreement 10 -5481 Page 7 of 7 Fending Installation and Repair BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ; — "A- ('J' Fred W. Coyle, Chairman - Gateswork, Inc. Contractor C 11-N By: � Sign ture Typed signature and title Item # Agenda X22 Date Date Recd Jun 14 10 11:25a Weems Insurance 233 775 8575 THIS IS TO CERTIFY THAT THE POU CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT BOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SUBJECT 70 ALL THE TERMS, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WEEMS IN�Cz or MPLES INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEFL THIS CERTIFICATE DOES NOT AMEND, EXrEND OR 2661 SM AIRPORT ROAD, B105 ALTER THE COVERAGE AFFORDED BY THE POUCIES REI OW ' COMPANIES AFFORDING COVERAGE �JS NAPLES FL 34112- COMPANY (239) 775-8705 A UNDERWRITERS AT LLOYDS INSURED PRODUCTS- COMPIOP AGO COMPANY GA�-SWORK INC B PROGRESSIVE EXPRESS INS Co 1330 RAIL BRAD BLVD COMPANY 2 NAPLES Fl, 34110- LCOM IPANY 5�mwr- THIS IS TO CERTIFY THAT THE POU CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT BOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SUBJECT 70 ALL THE TERMS, �JS X COMMERCIAL GENE LA MA j OCCUR ARTE026160 PRODUCTS- COMPIOP AGO 2, 000. 000, .1 2 FIRE DAMAGE iAm om rite) $ 50,000 B . LIABILITY ANY Al ALL O"ED AUTOS 08664206-5 04/13/10 04/13111 COMBINED SINGLE LIMIT I S 500,000 0AUTOMOBIL 0 'TC)S BODILY INJURY H RED AUTOS BODILY INJURY PROPERTY DAMAGE S GARAGE LIABILITY RACE LIABILITY AUTC ONLY - EAL ACCIDENT S ANY AUTO AGGREGATE S EXCESS LIABILITY HC EACH OCCURRENCE 5 UMBRELLA FORM AGGREGATE 0' S OTHER THAN UMBRELLA FORM EAC DjSj OFFICERS ARE: EXCLI DISE DISEASE - EACH EMPLOYEE S OTHER DESCRIPTION OF OPEMTIONSAO�TIONSMEHICLES/SPECiAL ITENIS S250 PER CLAIM DEDUCTIBLE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH RESPECT To GENERAL LIABILITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLF0 BEFORE THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EXPIRATION DATE THEREOF. THE HISUINO COMPANY VRLL ENDEAVOR TO MAIL 10 DAYS INR"MN NOTICE TO ME CERTIFICATE HOLDER NANIED 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 TO ME UEFT, BUT FAJUJRE TO SUCH NOTICE SMAU IMPOSE NO OERJQATION OR LIABILITY OF KIND UP NY, ITS AFIFNTA ng REMESENTATIM. 11:29 JUN 14, 2010 FR: STACEY SWEENEY #70888 PAGE: 1/1 I . � ACORD,I CERTIFICATE OF LIABILITY INSURANCE o no PRODUCD' Affiliated Agency Ops THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 16 South River Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilkes- Barre, PA 18702 POUCYEXPIRATION Tel: (800) 673 -2465 Fax: (570) 820 -7968 INSURERS AFFORDING COVERAGE NAIC # INSURED Employee Leasing Solutions, Inc. INSURER A, Ea GUARD Insurance C.Py 14702 R Phone: (941)746 -6567 INSURER B. LIABILITY INSURER L: 1401 Manatee Ave W. Suite 600 Bradenton, FL 34205 INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICYEFFECTIVE POUCYEXPIRATION LTR IN TYPE OF INSURANCE R GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES aoccvnnce $ C AIMS MADE D OCCUR MED EXP (My one wn GENERAL AGGREGATE GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPJOPAGG PRO POLICY JECT I I LOG AUTOMOBILE DABLnY (Ea COMBINED aacadent) INGLE LIMIT $ ANY AUTO DOaDlce�l)URY ll�P $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per azdden0 $ HIRED AUTOS NON OWNED AUTOS PROPERTYDAMAGE (Para ddenl) $ GARAGE LIABILITY AUTO ONLY CA ACCIDENT $ OTHER THAN EA ACC $ MY AUTO $ AUTO ONLY: AGO jAqSS1UMBRELLiIUWIUTY EACH OCCURRENCE_ $ AGGREGATE _ $ OCCUR U CLAIMS MADE I — $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILRY v TORY TH /� TORY LIMBS ER E.L. EACH ACCIDENT 1 uxi,ow A ANY PROPRIETORIPARrNER/EXECUTIVE OFFICERIMEMSER EXCLUDED? EMWC109947 01/01/2010 01/01/2011 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, desoibe under SPECIAL PROVISIONS b.I. E.L.DISEASE POLICYLIMIT $I.M.000 OTHER Client ID: #2805020 Valid in the State of Florida DESCRIPTION OF OPERATIONS I LOCATIONS / VEHK:LES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS COVERAGE APPLIES ONLYTOTHOSE EMPLOYEES LEASED TOBUT NOT SUBCONTRACTORS OF: EastGUARD Insurance Company Gateswork Inc carries an A.M. Best Qualifiers Name: Robert Unger Rating of A- (Excellent) and a financial size F1....1 iStnangM Aprox active employee count: 13 Category of VIII c lExcellent Collier County Board Of County Commissioners 3301 East Tam iami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL M DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. 16E8 EXHIBIT A -I Contract Amendment 10 -5481 "Fencing Installation and Repair" This amendment, dated July 1, 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Gateswork, Inc. (to be referred to as "Contractor" and Collier County, Florida, (to be referred to as "County "). Statement of Understanding RE: Contract # 10 -5481 - "Fencing Installation and Repair" Statement of Understanding The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underlining: deletions from the Agreement are shown by strike;hFoughs. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on A°m, ^�^' o June 22, 2010 and terminating on August 12, 12 June 21, 2012. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. CONTRACTOR: Gateswork, Inc. Type Name of Signatory Accepted: t- r? X 2010 OWNER: COUNTY COM OF C FLORIDA By: /.,�G 'f�;'Xo �tf ( 15Z Try Joanne Markiewicz, Project Manager DE RTMENT DIRECTOR By: L& (21 Steve Carrell By CONTRACT SPECIALIST Ly woos►./--