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Agenda 03/12/2019 Item #16D1103/12/2019 EXECUTIVE SUMMARY Recommendation to approve three (3) Agreements for Request for Qualification (RFQ) #18-7475 “Fencing Installation and Repair Services” to: Carter Fence Company, Inc., Century Fence Company, Inc., and Arc Tech Construction Services, LLC, and authorize the Chairman to execute the Agreements with awarded contractors. OBJECTIVE: To qualify a pool of vendors to perform new fencing, gate installations, and repair services in a fair and competitive manner in accordance with the Procurement Ordinance. CONSIDERATIONS: Collier County is responsible for maintaining the security of various County owned facilities and parks throughout Collier County. To maintain the integrity and continuous operations of these facilities, staff solicited to qualify a pool of vendors to perform new fencing, gate installations, and repair services. On October 2, 2018, the Procurement Services Department released RFQ #18 -7475 to 4,052 vendors for Fencing Installation and Repair Services. Interested vendors downloaded fifty-five (55) proposal packages, and the County received four (4) proposals by the November 7, 2018 deadline. Procurement deemed M.C & M Construction as non-responsive for failing to submit a proposal. Staff is recommending to award to the three (3) ranked firms to create a pool of vendors. Staff will obtain quotes from all awarded contractors for all non-urgent work. Urgent work will be awarded based on a rotation of the qualified vendors, which will require a telephone or email acknowledgement of the request within one (1) hour. Urgent repairs are unplanned damages that pose a safety threat or violation of compliance requirements. The vendor on rotation must provide a quote for the County’s consideration within twenty-four (24) hours of the visit, provide a schedule to complete the required temporary repairs, and such urgent repair quotes cannot exceed $3,000. The County may require the vendor to secure the damaged work area via a temporary repair to allow County staff to solicit from all qualified vendors in the awarded pool. Respondents: Company Name City County State Rank Responsive/Responsible Carter Fence Naples Collier FL 1 Y/Y Century Fence Cape Coral Lee FL 2 Y/Y Arc Tech Construction Services Fort Myers Lee FL 3 Y/Y M.C & M Construction Fort Lauderdale Broward FL N/A N/N FISCAL IMPACT: The base annual amount of the contract is estimated to be $400,000 plus any additional and unanticipated services. These services will be used Agency -wide. Individual orders are to be consistent with current budget allocations. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve three Agreements for Request for Qualification #18-7475, “Fencing Installation and Repair Services,” to Carter Fence Company, Inc., Century Fence Company, 16.D.11 Packet Pg. 1022 03/12/2019 Inc., and Arc Tech Construction Services, LLC, and authorize the Chairman to sign the attached agreements. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. 18-7475 Solicitation (DOCX) 2. (linked) Proposal - Arc Tech Construction Services (PDF) 3. (linked) Proposal - Carter Fence Company (PDF) 4. (linked) Proposal - Century Fence (PDF) 5. 18-7475 Proposals Summary (PDF) 6. 18-7475 NORA (PDF) 7. (linked) 18-7475_Contract_Arc Tech (PDF) 8. (linked) 18-7475_Contract_Carter Fence (PDF) 9. (linked) 18-7475_Contract_Century Fence (PDF) 10. 18-7475 CarterFence_Insurance_2-14-19 (PDF) 11. 18-7475 CenturyFence_Insurance_2-15-19 (PDF) 12. 18-7475 ArcTechConstructionServices_Insurance_ 2-19-19 (PDF) 16.D.11 Packet Pg. 1023 03/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.11 Doc ID: 8045 Item Summary: Recommendation to approve three (3) Agreements for Request for Qualification (RFQ) #18-7475 “Fencing Installation and Repair Services” to: Carter Fence Company, Inc., Century Fence Company, Inc., and Arc Tech Construction Services, LLC, and authorize the Chairman to execute the Agreements with awarded contractors. Meeting Date: 03/12/2019 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 02/14/2019 11:26 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 02/14/2019 11:26 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 02/14/2019 12:03 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 02/20/2019 10:11 AM Parks & Recreation Barry Williams Additional Reviewer Completed 02/20/2019 11:34 AM Procurement Services Kristofer Lopez Additional Reviewer Completed 02/20/2019 3:35 PM Procurement Services Ted Coyman Additional Reviewer Completed 02/21/2019 9:48 AM Procurement Services Swainson Hall Additional Reviewer Completed 02/21/2019 10:15 AM Procurement Services Sandra Herrera Additional Reviewer Completed 02/25/2019 10:47 AM Public Services Department Kimberley Grant Level 1 Reviewer Completed 02/26/2019 12:19 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/26/2019 1:01 PM Grants Erica Robinson Level 2 Grants Review Completed 02/26/2019 1:18 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/26/2019 1:56 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/27/2019 11:47 AM Grants Carrie Kurutz Additional Reviewer Completed 03/04/2019 1:40 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/04/2019 2:16 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/04/2019 2:29 PM Grants Therese Stanley Additional Reviewer Completed 03/04/2019 3:49 PM 16.D.11 Packet Pg. 1024 03/12/2019 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/05/2019 1:55 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/12/2019 9:00 AM 16.D.11 Packet Pg. 1025 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR QUALIFICATION (RFQ) FOR FENCING INSTALLATION AND REPAIR SERVICES SOLICITATION NO.: 18-7475 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Kristofer.Lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.11.a Packet Pg. 1026 Attachment: 18-7475 Solicitation (8045 : 18-7475 Fencing Installation and Repair Services) SOLICITATION PUBLIC NOTICE REQUEST FOR QUALIFICATION (RFQ) NUMBER: 18-7475 PROJECT TITLE: Fencing Installation and Repair Services LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 RFQ OPENING DAY/DATE/TIME: November 7, 2018 @ 3:00 P.M. PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Qualification (hereinafter, “RFQ”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specificat ions or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $400,000; however, this may not be indicative of future buying patterns. BACKGROUND Collier County is responsible for maintaining the security of various County owned facilities and parks throughout Collier Co unty. In order to maintain the integrity and continuous operations of these facilities, the County intends to qualify a pool of ve ndors to perform new fencing, gate installations, and repair services. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one-year renewals. The intent of this solicitation is to qualify between three (3) and five (5) vendors to complete various fencing projects in the County. All projects will be quoted to the qualified vendors using lump sum pricing. All qualified vendors must provide quotes within ten (10) business days or within timeframe dictated by project manager for non-urgent work requests. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written n otice of the County's intention to extend the Agreement term not less than ten (10) days pri or to the end of the Agreement term then in effect. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. DETAILED SCOPE OF WORK The intent of this solicitation is for the installation and repair of fencing systems for County owned and operated facilities to minimize operational down time and for facilities to be maintained in top operating condition. Qualified vendors will provide installation services, routine repair services, and urgent repairs for all types of fencing on County properties, including but not limited to security fencing, pedestrian gates, rolling gates, motorized gates and other fence related items. The County may also require services to supply and install wood and vinyl fencing at various heights, including but not limited to stockade and split rail. There may be additional opportunities, although very rare, to install or repair ornamental fencing, i.e. wrought i ron, vinyl, plastic, etc. Collier County is requesting proposals from vendors capable of furnishing all labor, materials, tools, equipment, and supervision for the installation and repair of fences and gates for all Collier County owned and leased properties. The County is interested in working with vendors who are responsive to their requests for quotes and complete work in a timely 16.D.11.a Packet Pg. 1027 Attachment: 18-7475 Solicitation (8045 : 18-7475 Fencing Installation and Repair Services) manner. Work will be ordered as follows: Regularly Scheduled Work – awarded based on lowest quote and solicited from all qualified vendors in the awarded pool. Urgent Work – awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Vendor must provide a quote within 24 hours of the visit and also provide a schedule to complete required repairs. County may require the vendor to secure damaged work area via a temporary repair. The County utilizes perimeter security system fencing that generally can be characterized as bellow: 1. Chain-link fence construction shall conform to industry standards for security fences. 2. Fence shall be maintained and repaired in accordance with the industry standards. 3. Clearance area shall be at least 10’ wide on each side of the fence. 4. Fence signage shall be reduced to the regulated minimum and securely attached to fence posts. 5. Gates shall be secured in closed position to eliminate any free movement. 6. Gates remaining open for extended time shall be secured in the open position. 7. Chain-link fence recommended for optimal fiber-optic sensor performance shall have a. Aluminum-oxide coated 9-gauge steel wire fabric, tensioned to 1000 lbs. b. Bottom rail with fabric twisted ends extending below it. c. Reinforcement rails in brace sections installed at ¾ height. d. Fabric attached to posts and rails using 9-gauge galvanized steel wire ties at least every 15”. f. 7-gauge hardened galvanized steel tension wire installed 6” to 8” below the top of the fabric. g. Intermediate-height tension wire(s) recommended. h. Fabric attached to tension wire(s) using 12-gauge galvanized steel wires ties at least every 15”. i. No aluminum wire ties and no hog rings. j. Welded barb wire outriggers. (including razor wire for Correctional facilities) 8. Chain-link fence shall pass the following fabric tension test a. Apply 50 lbs force pushing on the fence fabric at the mid -point of the section. b. Apply 50 lbs force pulling on the fence fabric at the mid-point of the section. c. Total range of fabric deflection shall not exceed 4”. d. The test shall be repeated for at least 10 representative locations and for all suspect fence sections. 9. Correctional facilities may require additional requirements above standard security fencing. 10. Public Utilities’ facilities, specifically utility plants, well sites, and/or pump stations, may require additional requirements above standard security fencing. Fencing provided for Public Utilities should comply with the Collier County Public Utilities Standards, as amended from time to time. Further, the County requires awarded vendor to: 1. Abide by all County safety standards (i.e. MOT). 2. Coordinate utility locate services prior to the start of any replacement or new installation of fence materials. 3. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off-hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM. After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. An after -hours rate will be allowed for off- hours services. 4. Abide by any and all County standards, codes and/or ordinances relating to fencing. 5. Work with the County project manager for requirements on obtaining and closing any required permit. 6. Provide invoices (billing) that identifies the County’s purchase order and the supplier’s quote number; invoices (billing documents) must match how the quote was documented for labor and material costs associated with the project. 7. Provide for “re-work” service: in the event that the County’s project manager declares the work has been performed to an unsatisfactory condition, the vendor will return to the project site within seven (7) business days to correct the repair, replacement or new installation to the satisfaction of the County for no additional cost. 8. For vendor staff working in Sheriff’s facilities, the staff members must past the Collier County Sheriff’s Office background screening prior to being contracted. All applicable fees, if any, will be the responsibility of the vendor. REQUEST FOR QUALIFICATION (RFQ) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Scoring Criteria for Development of Shortlist, which will be the basis for short-listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and 16.D.11.a Packet Pg. 1028 Attachment: 18-7475 Solicitation (8045 : 18-7475 Fencing Installation and Repair Services) scored by the COUNTY. The COUNTY will then score and rank the firms and recommend multiple firms to establish a library for services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. A contract will be developed with the selected firms, based on their qualifications and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Qualification selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the qualifications, discussion, and clarifying questions, and recommend multiple firms in a library for quoting services . SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Firms Qualifications and Licenses 20 Points 4. Experience and Capacity of the Firm 40 Points 5. Cost of Services to the County 30 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ---------------------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFQ. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: FIRM’S QUALIFICATIONS AND LICENSES (20 Total Points Available) In this tab, include but not limited to: • Provide a copy of any of the Firm’s licenses (i.e. general or building contractor, fence contractor, electrician, etc.) that are most relevant to completing this scope of work. EVALUATION CRITERIA NO. 4: EXPERIENCE AND CAPACITY OF THE FIRM (40 Total Points Available) In this tab, include but not limited to: • Abilities, capacity, skill, and financial strength of the firm. • Inventory strength: Identify the fence part dollar value and number of SKU’s of inventory on the commercial site in the surrounding Collier County area. • Size (expressed in square feet) of warehouse and/or yard storage. • Number of years of experience in providing similar services in fence repair and installation. • Number of fulltime staff members employed by the company. 16.D.11.a Packet Pg. 1029 Attachment: 18-7475 Solicitation (8045 : 18-7475 Fencing Installation and Repair Services) • Provide information on the number of “call-back” service requests from customers for repairs, replacement and new installation (for each 100 customers serviced, how many call-back service calls occur?) The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the last five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B – Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Vendor should submit the reference forms with their proposal. EVALUATION CRITERIA NO. 5: Cost of Services to the County (30 Total Points Available) In this tab, include but not limited to: • Complete the two attached scenarios for the cost evaluation and award purposes only. Actual pricing will be obtained through the quoting process. Repair: Scenario 1: HURRICANE DAMAGE 6'Ht BLACK VINYL COATED CHAIN LINK FENCE RESIDENTIAL GRADE REPLACE 5 SECTIONS OF DAMAGED FENCE WITH NEW. REPLACE 300lf BLACK VINYL COATED CHAIN LINK 9 GAUGE BLACK 6’ HIGH REPLACE (300') TOP RAIL 1 3/8''OD BLACK REPLACE (26) LINE POSTS CEMENTED 1 5/8''OD BLACK 3’ DEPTH *All pricing includes labor, materials, and removal and disposal of damaged sections Item Description Unit Price 1 REPLACE 300lf BLACK VINYL COATED CHAIN LINK 9 GAUGE BLACK 6’ HIGH Lump Sum 2 Replace (300 Ft) Top Rail 1 3/8” OD Black Lump Sum 3 REPLACE (26) LINE POSTS CEMENTED 1 5/8''OD BLACK 3’ DEPTH Lump Sum Total Price New Installation: Scenario 2: Collier County wants labor and material pricing to install a 6-foot chain link fence surrounding a newly installed well. The specifications include: • The well is located 200 feet off a two-lane highway; the well is surrounded by County land and there is easy access for trucks and equipment without disrupting the neighborhood. • The 6-foot fence should be installed around the perimeter of the well and will be a 100 by 100 square foot area and include the following: o 9-gauge galvanized fence with bottom tension wire, o Posts must be set per industry standard every ten feet and set in concrete and capped, • Install two – twelve (12) foot manual gates • Install one – four (4) foot pedestrian gate • The fence must be grounded as there are overhead power lines, and • Install and secure barbed wire (two foot) on top of the 6 -foot fence. 16.D.11.a Packet Pg. 1030 Attachment: 18-7475 Solicitation (8045 : 18-7475 Fencing Installation and Repair Services) Item Description Unit Price 1 Install 6 foot 9-guage galvanized fence (400 LF) according to the scenario Lump Sum 2 Install two – Twelve (12) foot manual gates Lump Sum 3 Install one – four (4) foot pedestrian gates Lump Sum 4 Fencing grounding Lump Sum 5 Install and secure barbed wire (two foot) on top of 6-foot fence. Lump Sum Total Price 16.D.11.a Packet Pg. 1031 Attachment: 18-7475 Solicitation (8045 : 18-7475 Fencing Installation and Repair Services) Selection Committee Final Ranking Sheet RFQ: 18-7475 Title: Fencing Installation and Repair Services Name of Firm Richard Darroux Mike Levy Derrick Garby James Williams Matt Catoe Dave Berra Total Selection Committee Final Rank Arc Tech Construction Services 3 3 3 3 3 3 18 3.0000 Carter Fence Company 1 1 1 1 1 1 6 1.0000 Century Fence 2 2 2 2 2 2 12 2.0000 Procurement Professional Kristofer Lopez Step 1:Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is reached. Page 1 of 1 16.D.11.e Packet Pg. 1032 Attachment: 18-7475 Proposals Summary (8045 : 18-7475 Fencing Installation and Repair Services) C,ffi", county4 Administrative Seruices Departnent Procurement Services Division Notice of Recommended Award Solicitation : t8-7475 Title: Fencing lnstallation and RepairServices Due Date and Time: 3:00 pm t1/7 /201.8 Utilized Local Vendor Preference: Yes ruoI On October 2,20L8, the Procurement Services Department released Request for Qualifications 18-7475 to 4052 vendors for Fencing lnstallation and Repair Services, Fifty-five (55) proposal packages were downloaded, and four (4) proposals were received on Novembe r 7 ,2018. M.C & M Construction was deemed non- responsive for failing submit a proposal. Staff is recommending to award to the three ranked firms in order to create a pool of vendors. Staff will obtain quotes from all three awarded contractors for all work. Services Director: - f,O-&.O / { Edward F. Respondents: Company Name City County State Rank Responsive/Respo nsible Carter Fencing Naples Collier FL 7 YIY Century Fence Cape Coral Lee FL 2 Arc Tech Construction Services Fort Myers Lee FL 3 YIY M.C & M Constuction Fort Lauderdale Broward FL N/A N/N -2-a-), 16.D.11.f Packet Pg. 1033 Attachment: 18-7475 NORA (8045 : 18-7475 Fencing Installation and Repair Services) 02/14/2019 Comegys Insurance Agency One Beach Drive S. E. Ste. 230 Saint Petersburg FL 33701 Joan Randolph (727) 521-2100 (727) 528-0626 joan.randolph@comegys.com Carter Fence Company, Inc. Carter Construction Fence, Inc. 3490 Shearwater St, Unit E Naples FL 34117 National Trust Insurance Company 20141 Brierfield Insurance Company 10993 FCCI Insurance Company 10178 19/20 GL/AU/UMB/WC A Y GL002018201 01/01/2019 01/01/2020 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Limited Polution Coverage 100,000 B CA10002039301 01/01/2019 01/01/2020 1,000,000 Uninsured motorist combined single limit 100,000 C 10,000 UMB10002039402 01/01/2019 01/01/2020 5,000,000 5,000,000 C 001WC18A76851 01/01/2019 01/01/2020 1,000,000 1,000,000 1,000,000 Collier County Boad of County Commissioners or Board of County Commissioners in Collier County or Collier County Government of Collier County included as an additonal insured under the captioned Commercial General Liability and Automobile Liability on a primary and non-contributory basis if and to the extent required by written contract for any and all work performed on behalf of Collier County. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 16.D.11.j Packet Pg. 1034 Attachment: 18-7475 CarterFence_Insurance_2-14-19 (8045 : 18-7475 Fencing Installation and Repair Services) 16.D.11.kPacket Pg. 1035Attachment: 18-7475 CenturyFence_Insurance_2-15-19 (8045 : 18-7475 Fencing Installation and Repair Services) 16.D.11.l Packet Pg. 1036 Attachment: 18-7475 ArcTechConstructionServices_Insurance_ 2-19-19 (8045 : 18-7475 Fencing Installation and Repair Services) 16.D.11.l Packet Pg. 1037 Attachment: 18-7475 ArcTechConstructionServices_Insurance_ 2-19-19 (8045 : 18-7475 Fencing Installation and Repair Services) JONATHAN ZACHEM, SECRETARYRICK SCOTT, GOVERNORSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESTORRES, DAVID ELIASDo not alter this document in any form.ARC TECH CONSTRUCTION SERVICES, LLCLICENSE NUMBER: CGC1516497EXPIRATION DATE: AUGUST 31, 2020This is your license. It is unlawful for anyone other than the licensee to use this document.7742 ALICO RDFORT MYERS FL 33912Always verify licenses online at MyFloridaLicense.com IRTER ASM~F4C7AL=W 4"4CrAOFsW.4iv2O-smw_ Evaluation Criteria No. 1: Cover Letter/Management SummaU Carter Fence Company has been giving our customers the highest quality fence materials and workmanship in Southwest Florida for 30 years. Companies like Alumi-Guard, Trex, Stephen Pipe & Steel, and Poly Vinyl Creations are the leaders in the fencing industry. We carry fencing styles that vary from decorative ornamental aluminum to the latest in high-tech PVC. We can even install a high-quality wood fence that's designed to withstand the harsh Florida climate. We take pride in our chain link commercial installations as well. Regardless of your needs, Carter Fence Company has a product to suit your desires at the best possible price. Carter Fence Company has a full line of fence products for residential, commercial, and industrial applications. We provide a "turn -key" service that includes pulling permits, ordering materials, and installing your fence. We also have a fully trained staff to repair and maintain your investment, leaving you with the reassurance that your fence will last for many years to come. Kendra Carter Director ---- --Email_-.Kendra@carter-fence.com -_ e Extension: 208 Cell: 239 810--0777 Fax: 239=352=1687 Phil Marchio Commercial Sales Estimator Email: Phil@carter-fence.com Cell: 815-212-9799 Carson Klahm Commercial Sales Manager Email: Carson@carter-fence.com Cell: 239-571-0117 Evaluation Criteria No. 2: Certified Minority Business Enterprise Not Applicable. Evaluation Criteria No. 3: Firm's Qualifications and Licenses Licenses are attached separately. Evaluation Criteria No. 4: Experience and Capacity of the Firm - Dun & Bradstreet # 868284548 - Insured up to $5,000,000 - Bonded up to $1,000,000 - Licensed in all surrounding counties of Southwest Florida for 30 years (licenses attached) - 5,000 square feet of warehouse and 5,000 square feet of yard storage - 30 years of experience in providing all fence services - 70-80 employees - Departments within Carter Fence: o Custom Fabrication Division o Construction Fence Division o Access Control Division 0 5 Crews installing Chain Link and Wood Fences ==-o 4 Crews installing PVA-aad_Aluminum fences-- Evaluation Criteria No. 5: Cost of Services to the County Filled out separately. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 882540 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2019 - DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. LOCATION. 3490 SHEARWATER ST. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: PUD BUSINESS PHONE: 353-4102 r'' • � GqL FORt,Ji` STATE OR COUNTY LIC #: 11475 Corporat' n CARTER FENCE CO INC �► ` # CARTER, KENNETH DAVID 3490 SHEARWATER ST. MAPLES, FL 34117 41-50 EMPLOYEES` " CLASSIFICATION: FENCE ERECTION CONTRACTOR -THIS TAX IS NON-REFUNDABLE- CLASSIFICATION CODE: 02107001DATE 07/16/2018 AMOUNT 90.00 This document is a business tax only. This is not certification that hcen�fied RECEIPT 502-19-00018501 It does not permit the licensee to violate any existing regulatory zoning la t co nor does it exempt the licensee from any other taxes or permits that may be required by '� COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION C11475 Certification Information Collier County Board of County Commissioners Date: September 04, 2018 DBA: CARTER FENCE COMPANY, INC. ADDRESS: 3490 SHEARWATER STREET, UNIT E NAPLES, FL 34117 - PHONE: 2393534102 CELL: 2398602972 FAX: 2393521687 LICENSEE NBR: C11475 INSURANCE: General Liability January 01, 2019 Worker's Compensation January 01, 2019 Worker's Comp Exemption January 06, 2020 QUALIFIER: KENNETH DAVID CARTER TYPE: FENCE CONTR. CLASS CODE: 4160 ISSUANCE NBR: 11475 ORIG ISSD: June 01, 1989 EXPIRATION: September 30, 2019 NOTE: It is the Qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier county files. This includes all insurance certificates and any change of address information. Collier County * City of Marco * City of Naples Contractor Licensing FENCE CONTR. 4 - Cert Nbr: Exp: Status: C11475 09/30/2019 'Active CARTER FENCE COMPANY, INC. apartment KENNETH DAVID CARTER111gement Division 3490 SHEARWATER STREET, UNIT E NAPLES, FL 34117 - Signed: C+o!lie r Cio-t4hty Administrative Services Depam mernt Procurement Sem-,es Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR QUALIFICATION (RFQ) 0411J, FENCING INSTALLATION AND REPAIR SERVICES SOLICITATION NO.: 18-7475 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Kristofer.Lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 81712017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. SOLICITATION PUBLIC NOTICE REQUEST FOR QUALIFICATION 18-7475 (REWNUMBER: PROJECT TITLE: Fencing Installation and Repair Services LOCATION: PROCUREMENT SERVICES DIVISION CONFERENCE ROOM A,.3295 TAMIAMI TRAIL EAST BLDG C-2 NAPLES FLORIDA 34112 RFQ OPENING DAY/DATE/TIME: November 7, 2018 0r 3:00 P.M. PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST BLDG C-2 NAPLES FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www_bidsvnccom/bidsvnc-cas As requested by the Parks and Recreation Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Qualification (hereinafter, "RFQ") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $400,000; however, this may not be indicative of future buying patterns. Collier County is responsible for maintaining the security of various County owned facilities and parks throughout Collier County. In order to maintain the integrity and continuous operations of these facilities, the County intends to qualify a pool of vendors to perform new fencing, gate installations, and repair services. The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one-year renewals. The intent of this solicitation is to qualify between three (3) and five (5) vendors to complete various fencing projects in the County. All projects will be quoted to the qualified vendors using lump sum pricing. All qualified vendors must provide quotes within ten (10) business days or within timeframe dictated by project manager for non -urgent work requests. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days_ The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not Iess than ten (10) days prior to the end of the Agreement term then in effect. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The intent of this solicitation is for the installation and repair of fencing systems for County owned and operated facilities to minimize operational down time and for facilities to be maintained in top operating condition. Qualified vendors will provide installation services, routine repair services, and urgent repairs for all types of fencing on County properties, including but not limited to security fencing„ pedestrian gates, rolling gates, motorized gates and other fence related items. The County may also require services to supply and install wood and vinyl fencing at various heights, including but not limited to stockade and split rail_ There may be additional opportunities, although very rare, to install or repair ornamental fencing, i.e. wrought iron, vinyl, plastic, etc. Collier County is requesting proposals from vendors capable of furnishing all labor, materials, tools, equipment, and supervision for the installation and repair of fences and gates for all Collier County owned and leased properties. The County is interested in working with vendors who are responsive to their requests for quotes and complete work in a timely manner. Work will be ordered as follows: Regularly Scheduled Work — awarded based on lowest quote and solicited from all qualified vendors in the awarded pool. Urgent Work — awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Vendor must provide a quote within 24 hours of the visit and also provide a schedule to complete required repairs. County may require the vendor to secure damaged work area via a temporary repair. The County utilizes perimeter security system fencing that generally can be characterized as bellow: i. Chain-link fence construction shall conform to industry standards for security fences. 2. Fence shall be maintained and repaired in accordance with the industry standards. 3. Clearance area shall be at least 10' wide on each side of the fence. 4. Fence signage shall be reduced to the regulated minimum and securely attached to fence posts. 5. Gates shall be secured in closed position to eliminate any free movement. 6. Gates remaining open for extended time shall be secured in the open position. 7. Chain-link fence recommended for optimal fiber-optic sensor performance shall have a. Aluminum -oxide coated 9 -gauge steel wire fabric, tensioned to 10000 lbs. b. Bottom rail with fabric twisted ends extending below it. c. Reinforcement rails in brace sections installed at 3/ height. d. Fabric attached to posts and rails using 9 -gauge galvanized steel wire ties at least every 15". f. 7 -gauge hardened galvanized steel tension wire installed 6" to 8" below the top of the fabric. g. Intermediate -height tension wire(s) recommended. h. Fabric attached to tension wire(s) using 12 -gauge galvanized steel wires ties at least every 15". i. No aluminum wire ties and no hog rings. j. Welded barb wire outriggers. (including razor wire for Correctional facilities) 8. Chain-link fence shall pass the following fabric tension test a. Apply 50 lbs force pushing on the fence fabric at the mid -point of the section. b. Apply 50 lbs force pulling on the fence fabric at the mid -point of the section. c. Total range of fabric deflection shall not exceed 4". d. The test shall be repeated for at least 10 representative locations and for all suspect fence sections. 9. Correctional facilities may require additional requirements above standard security fencing. 10. Public Utilities' facilities, specifically utility plants, well sites, and/or pump stations, may require additional requirements above standard security fencing. Fencing provided for Public Utilities should comply with the Collier County Public Utilities Standards, as amended from time to time. Further, the County requires awarded vendor to: I . Abide by all County safety standards (i.e. MOT). 2. Coordinate utility locate services prior to the start of any replacement or new installation of fence materials. 3. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off -hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM_ After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. An after-hours rate will be allowed for off - hours services. 4. Abide by any and all County standards, codes and/or ordinances relating to fencing. 5. Work with the County project manager for requirements on obtaining and closing any required permit. 6. Provide invoices (billing) that identifies the County's purchase order and the supplier's quote number; invoices (billing documents) must match how the quote was documented for labor and material costs associated with the project. 7. Provide for "re -work" service: in the event that the County's project manager declares the work has been performed to an unsatisfactory condition, the vendor will return to the project site within seven (7) business days to correct the repair, replacement or new installation to the satisfaction of the County for no additional cost. 8. For vendor staff working in Sheriffs facilities, the staff members must past the Collier County Sheriff s Office background screening prior to being contracted. All applicable fees, if any, will be the responsibility of the vendor. 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Scoring Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and recommend multiple firms to establish a library for services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. A contract will be developed with the selected firms, based on their qualifications and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Qualification selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the qualifications, discussion, and clarifying questions, and recommend multiple firms in a library for quoting services. 1.6 .For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points I. Cover Letter / Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Firms Qualifications and Licenses 20 Points 4. Experience and Capacity of the Firm 40 Points 5. Cost of Services to the County 30 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie stiII exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. I: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFQ. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: FIRM'S UALIFICATIONS AND LICENSES (20 Total Points Available) In this tab, include but not limited to: • Provide a copy of any of the Firm's licenses (i.e. general or building contractor, fence contractor, electrician, etc.) that are most relevant to completing this scope of work. EVALUATION CRITERIA NO. 4: EXPERIENCE AND CAPACITY OF THE FIRM (40 Total Points Available) In this tab, include but not limited to: • Abilities, capacity, skill, and financial strength of the firm. • Inventory strength: Identify the fence part dollar value and number of SKU,, of inventory on the commercial site in the surrounding Collier County area. • Size (expressed in square feet) of warehouse and/or yard storage. • Number of years of experience in providing similar services in fence repair and installation. • Number of fWltime staffmembers employed by the company. • Provide information on the number of "call-back" service requests from customers for repairs, replacement and new installation (for each 100 customers serviced, how many call-back service calls occur?) The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the last five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B — Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Vendor should submit the reference forms with their proposal. EVALUATION CRITERIA NO. 5: Cost of Services to the Conn (30 Total Points Available) In this tab, include but not limited to: • Complete the two attached scenarios for the cost evaluation and award purposes only. Actual pricing will be obtained through the quoting process. Repair: Scenario 1: HURRICANE DAMAGE 6'Ht BLACK VINYL COATED CHAIN LINK FENCE RESIDENTIAL GRADE REPLACE 5 SECTIONS OF DAMAGED FENCE WITH NEW. REPLACE 3001f BLACK VINYL COATED CHAIN LINK 9 GAUGE BLACK 6' HIGH REPLACE (300') TOP RAIL 1318 "OD BLACK REPLACE (26) LINE POSTS CEMENTED 15/8"OD BLACK 3' DEPTH *All pricing includes labor, materials, and removal and disposal of damaged sections Item New Installation. Description REPLACE 3001f COATED CHAIN BLACK 6' HIGH BLACK VINYL LINK 9 GAUGE Replace (300 Ft) Top Rail 1 3/8" OD Black REPLACE (26) LINE POSTS CEMENTED 1 5/8"OD BLACK 3' DEPTH Unit I Price Lump Sum / .700 Lump Sum Lump Sum l Total Price 00 Scenario 2: Collier County wants labor and material pricing to install a 6 -foot chain link fence surrounding a newly installed well. The specifications include: • The well is located 200 feet off a two-lane highway; the well is surrounded by County land and there is easy access for trucks and equipment without disrupting the neighborhood. The 6 -foot fence should be installed around the perimeter of the well and will be a 100 by 100 square foot area and include the following: o 9 -gauge galvanized fence with bottom tension wire, o Posts must be set per industry standard every ten feet and set in concrete and capped, • Install two — twelve (12) foot manual gates • Install one — four (4) foot pedestrian gate • The fence must be grounded as there are overhead power lines, and • Install and secure barbed wire (two foot) on top of the 6 -foot fence. Item Description Unit Price 1 Install 6 foot 9-guage galvanized fence (400 LF) Lump Sum according to the scenario/,?/ 060..pp 2 Install two —Twelve (12) foot manual gates Lump Sum 3 Install one — four (4) foot pedestrian gates Lump Sum 00 lad,Moo - 4 Fencing grounding Lump Sum �i X00, 5 Install and secure barbed wire (two foot) on top Lump Sure of 6 -foot fence. ate. Qp Total Price ev NO ONE HAS SIGNED THE PROPOSAL OR CONTACTED ME ABOUT GETTING TEMP FENCE INSTALLED. INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hos:/Iapps.fldfs.com/boeexegipt/ 2. ® Employer's Liability $1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability 51,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ TechnoIogy Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sure equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. $. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required. 4130118 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm L'a�TG,r (�o.r. Date t t 171 01VI�' Vendor Signature Print Name Insurance Agency Agent Name Telephone Number d3 f - 3S3 - 1/04 Co�er County Administrative Servioes Depaftent Procurement Services Drvision Form x: Vendor's Non -Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation_ If your firm is not responding to this solicitation, please indicate the reason(s) by checking the item(s) listed below and return this form via email noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East, BLDG G2, Naples, FL 34112. We are not responding to the solicitation for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: C�.4-�, � � Address: �3aa Shl.ta�- 54YGGt` City, State, Zip: Telephone: a3 _3 5 p - 11199 - Email: }� Representative Signature: ` Representative Name: Date 11-7-;v/80 COACT County Administrative Services Department Procurement Services Llivison Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: [� The Solicitation Submittal has been signed. [� The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. [� Affidavit for Claiming Status as a Local Business, if a plicable. ® Division of Corporations - Florida Department of State – h ://dos.rn florida.com/sunbiz/ (if work performed in the State). E-Verify/lrnmigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: 6l Address: City, state, zip: L t4'i Telephone: xi4_353 – `t1091 Email: 'V— Representative Signature: Representative Name: • s�.o ..Date IL,__ COIL county Adrrmini&ative Services Departnent Procurement Services Division Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired Objectivity -- The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: P.—I, Ci__'e !,__ Signature and Date: J Print Name: ' Title of Signatory: Co�er Cou"ty Administrative Services Department Pr=Urernent Services Division Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 07 day of Mo ✓, 20 in the County of e.&Pey , in the State of FL Firm's Legal Name: Getrter F n Address: d City, State, Zip Code: (5-S 1'�C 3Y117 Florida Certificate of Authority Document Number Federal. Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and written) Title: 42 .6 -c f4g'f1of A3,1- 353- woa �f-rl7ir+.c7�✓. Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: CO) er County Administrative Services Npartinent Procurement Semi -es DMSIOA Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E -Verify. program may deem the Vendor's proposI as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA,,). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum. of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name PrintName f�� R: Ni o� Title Signature Date !/ • o % - ,2a I S. State of County of The Signe of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Adminrstr�tive Services Deparhnent Procurement Serviczs ifivis�on Form 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute l 19.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. I. General Information (provide all information) Taxpayer Name 4Xjp r # n, (as shown on income tax return) Business Name (if differentfrom taxpayer name) Address fZ j#0 S fi City Nay. ks. State Ft°'`IOL Zip 3q11I 1eIephQne19LM - 353-` 101Fmad �C Aer- Veo c -e - eo n►• . Order Information (Must be filled out) Remit / Payment Information (Must be filled out) Address .314f0 5keurwAJCe ,s-hreef Address.3N-10 Ske..rryoc6 Sk-r_r_T City ����5 State Pi- Zip 3'# I t't City N � s L . State Zip 314117 4 ,c e Email tZ, i � +ev 4L Ce 2. Company Status (check only one) / Sole Proprietor Tax Exempt (Federal income tax-exempt entity _ under Internal Revenue Service guidelines IRC 501 (c) 3) 3. Taxpayer Identification Number (for tax reportingpurposes only) Federal Tax Identification Number (TIN) row endors who do not have a TIN, will be required to 4. Sign and Date Form: Certification: Under Signature Enter the tax classification Disregarded Entity t" = t^�v a social security number prior to an that the in ormation shown on this form is correct to Date I f - 7- ,O/d Title Phone Number "" /5'-.2/a- 17171 Century Fence Company, Inc. 1010 SE 9t' Street Cape Coral, FL 33990 Ph: 239-574-3122 Fax: 239-574-6435 Email: centgafence@u embargmail.com 11/1/18 Pagel of 2 Collier County BOCC C/O Kristofer Lopez, Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 Re: Solicitation Number 18-7475 Fencing Installation and Repair Services Cover Letter, Management Summary, Qualifications, Experience and Capacity of our Firm Dear Procurement; The purpose of this letter is to give you a brief description of our firm, the services we provide and credentials of our personnel. Century Fence is a family owned and operated business that opened its doors in March, 1978 by Thomas and Loretta Mazzola. Although both retired, the business is still owned and operated by their children, Tom Jr., Angela, and her husband Richard with the same core beliefs held by their parents, Century Fence is a company that takes great pride in the work that they do, believes in standing behind their work and wants their customers to be truly happy with all of the work that is done for them. We primarily concentrate on industrial, commercial, and institutional work, specializing in chain link and aluminum fence, with gates and operators for same, but do all types of fence work. We have been doing business with Lee County Govt. for the past 30 years (we currently have a contract with Lee County), and have had a good working relationship with the Parks, Maintenance and Utilities Department. We have also worked for and had contracts in the past with Lee County School Board and are currently doing a lot of work for the Collier County School Board thru various General Contractors. Mr. Fai Chan with the Collier School Board is familiar with our work. Century Fence's current President is Tom Mazzola Jr. who holds a Specialty Fence Erection license with Lee County, Comp. No.: IN 000032, Collier County Certificate of Competency Fence Contractor License C23879, and Special Electrical Contractor State License as a Limited Energy Systems Specialist License Number ES 12001227 for the low voltage electrical work required for the gate operators Century Fence installs. Tom has been with Century Fence, full time since graduating Cape Coral High School in 1984, starting as a fence helper, working up to foreman, salesman, and has been its President since January 2003. Tom is the main salesman, and project manager for Century Fence. His phone number is 239-574- 3122. His cell number is 239-633-3638. His email address is tomcenturyfence@embargmail.com. Richard Gregg Jr., Vice President, has been with Century Fence since January 1986. He too started as a fence helper, to foreman, sales, and gate operator specialist. His phone number is 239-574-3122. Page 2 Angela Gregg, Secretary, Treasurer, has been with Century Fence since January 1988. My role is handling all administration duties in the company. My phone number is 239-574-3122. My email address is centuryfence@embargmail.com. The following employees are our fence crews that work in the field. We do not use subcontractors for our fence installations as this is how we control the quality of the work that gets done in the field. Hector Cortes, our lead foreman has been with us for 22 years, Jean Henry, foreman has been with us for 19 years, Joe Honore, foreman has been with us for 13 years, Daniel Farrell, our welder has been with us for 1 1/2 years, and we have 2 new hires Norberto Diaz and Chris Clark who both started this year as fence helpers. All of our personnel have been trained by us, and are drag tested and back ground checked and E -Verified, and they all hold badges to work at all of the schools in the State of Florida. Century Fence operates out of our shop located in the Cape Coral Industrial Park at 1010 SE 9th Street, Cape Coral, FL 33990 and the lot directly behind the shop (other side of alley) at 1009 SE 9` Terrace (combined land 30,000 square feet land with 1,950 square feet of shop space). We hope to service Collier County's future fencing needs. Please contact us if you need more information on our firm. Sincerely ��ijegg Angela Secretary/Treasurer Collier County Coll ker County, Aftip4str^10 Ser&esDepart l t 8emuls 01Mkea: Solicitation 18-7475 Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. �[J All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. N ( 4 Affidavit for Claiming Status as a Local Business, if applicable: Division of Corporations - Florida Department of State —http://dos.myfloi-ida.com/,sunbi (If work performed in the State). d E-Verify/Immigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Address: Ip 1 ��'- City, State, Zip: C Telephone:a q _- ` Email: � t � J1.� c-Oy C --L-) e✓ V1n�` d : f2 ct � f) t a co xy) Representative Signature: Representative Name: -1619,1/ 197 /� c�( �v JA Date O 01 10/1 O/2018 7:55 AM P. 19 Collier County Solicitation 18-7475 --cv 5+ (( A4—;ON AY)d eQP 1I2- Arr' i %V Form 3: Conflict of Interest Affidavit The Vendor certifies that,, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: C c� v. r{ -t z ` -]:-:e A a Signature and Date: _ i Irv, � � /i//h. /0/2C /r, Print Name: Title of Signatory: 10/10/2018 7:55 AM p. 20 Collier County ���i lsbz�tr i, s Dame"rent f l Y,t 2'woii ser, i p. = e si_'?"s" Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: Solicitation 18-7475 PY)C,0 _-F�U.5L�u /\4 e, A) IJhd— The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this �q day of t f, 20_0 in the County of P , in the State of _r- LA . Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: o Signature by: Tint ��� ? � � (to (Typed and written) Title: 10/10/2018 7:55 AM p. 21 Collier County Additional Contact Information Solicitation 18-7475 Send payments to: LCA n hU t>til in 6YY1 (required if different from u( ` Company name used a ayee above) Contact name: ✓ tY 2 0 a. C L:44 Title: �C- �r`C'u S v ��_ r' Address: 0 , PCO Z L j City, State, ZIP CrJ Qom_ .3 9 -� `{ Telephone: r r.- -1(-/ _ ' 2 2 Email: �P.tJ� 1�12�TE'NGe E?l'n bA7C2d u Office servicing Collier County to place orders (required if different from above) Contact name: (}yy� / Ica ��nLct- J Y Title: 1 `e S r C� e.11) (- Address: E 1-1 +h 5.f - .iCity, City, State, ZIP C -?5 3 iq Telephone:(( -lq 3 Z 2- Email: 4m n C_� n C 17 rU �fi ( n ce. P e' M bo ira YY\ci l I C'(1YY1 10/10/2018 7:55 AM p 22 Collier County Solicitation 18-7475 o r Cmwty AOmstr,C rAo, _,% Depaftvil Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E -Verify Droeram may deem the Vendor's Proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name (' eNk(1 �l V� Print Name ° d -Z c� �t�� � Title Signature `� Date 10 XG, State of /S County of I _eP The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 10/10/2018 7:55 AM p 23 Collier County Solicitation 18-7475 C;o r cotility Form 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name P & (It eo Co :Z C, (as shown on income tax return . Business Name (if different from taxpayer name) Address _ 9 o i o S . -- , 2- City�sz C'C g -A State %- a3q 57 Zip Order Information (Must be filled ou^t)jam Remit / Payment Information (Must be filled out)' Address la [ © 5 i �' `.t Address P 6 BOX tj i Z.j —3 Y19City 1 State Zip 3 U City ` "' CL` State �L` Zips 1 �S — q Email Ce -at ugi - n e c� em o �f o irK d 6 C_am 2. Company Status (check only one) _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax-exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) t� 9 — ( 9 1 O 1 8 :?, (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of periurv, I certifv that the information .chnwn nor thio fns -m io --i f„ 1__-1_4 Signature ol ...y Date Title� ^ C r Phone Number 10/10/2018 7:55 AM p. 24 Collier County Solicitation 18-7475 Provide information on the number of "call-back" service requests from customers for repairs, replacement and new installation (for each 100 customers serviced, how many call-back service calls occur?) The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the last five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B -Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Vendor should submit the reference forms with their proposal. EVALUATION CRITERIA NO. 5: Cost of Services to the County (30 Total Points Available) In this tab, include but not limited to: • Complete the two attached scenarios for the cost evaluation and award purposes only. Actual pricing will be obtained through the quoting process. Repair: Scenario 1: HURRICANE DAMAGE 6'Ht BLACK VINYL COATED CHAIN LINK FENCE RESIDENTIAL GRADE REPLACE 5 SECTIONS OF DAMAGED FENCE WITH NEW. REPLACE 3001f BLACK VINYL COATED CHAIN LINK 9 GAUGE BLACK 6' HIGH REPLACE (300') TOP RAIL 1 3/8"OD BLACK REPLACE (26) LINE POSTS CEMENTED 1 5/8"OD BLACK 3' DEPTH *All pricing includes labor, materials, and removal and disposal of damaged sections 1 REPLACE 3001f BLACK VINYL Lump Sum COATED CHAIN LINK 9 GAUGE i r� BLACK 6' HIGH ' 2 Replace (300 Ft) Top Rail 1 3/8" OD Lump Sum Black 3 REPLACE (26) LINE POSTS Lump Sum CEMENTED 1 5/8"OD BLACK 3' DEPTH Total Price c�c-r,,o� New Installation: Scenario 2: Collier County wants labor and material pricing to install a 6 -foot chain link fence surrounding a newly installed well. The specifications include: • The well is located 200 feet off a two-lane highway; the well is surrounded by County land and there is easy access for trucks and equipmerit without disrupting the neighborhood. The 6 -foot fence should be installed around the perimeter of the well and will be a 100 by 100 square foot area and include the following: o 9 -gauge galvanized fence with bottom tension wire, o Posts must be set per industry standard every ten feet and set in concrete and capped, • Install two - twelve (12) foot manual gates • Install one - four (4) foot pedestrian gate • The fence must be grounded as there are overhead power lines, and • Install and secure barbed wire (two foot) on top of the 6 -foot fence. 10/10/2018 7:55 AM p. 30 Collier Countv 0� < t -C ki l-rl-I 1 -- C X11 i SGC �J— 10/10/2018 7:55 AM p. 31 Collier County Solicitation 18-7475 INSURANCE AND BONDING REQ IIIREMENTS Insurance ! Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ® Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. ® Indemnification 5. ® Automobile Liability $_1,000,000_ single limit per occurrence Bodily Injury and Property Damage $ 1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 10/10/2018 7:55 AM p. 32 8. ❑ Performance and Payment Bonds Collier County Solicitation 18-7475 For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to. meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required. 4/30/18 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm ce Y iU}-Q n (Q Date Vendor Signature aY1 Print Name A -y -\Q -e [ u G rq Insurance Agency 1 n ; d SS t �l ins 2—,sof ri-e-i e rq�0 Psi V Cis �u� 4Na1 fL 33R0�� Agent Name a\i 1 { hnec u Telephone Number at 3 - bo 10/10/2018 7:55 AM P. 33 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Solicitation 18-7475 Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name��;�t? Date I b Authorized Signature EXHIBIT I - 6 10/10/2018 7:55 AM P. 39 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions Solicitation 18-7475 (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Signature r ` ick jIGK��l� Name and Titles Street Address City, State, Zip DUNS Number Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 EXHIBIT I - 7 10/10/2018 7:55 AM p. 40 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Solicitation 18-7475 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT wilt be wafified. Unverdabfe statuses will require the PRIME to either prcivde a revised statement or provide source documentation that validates a PRIME NAME PRIME FEID DUMBER: CONTRACT DOLLAR AMOUNT Ce -n-{ uvmkn(g 57-010132- 15 THE PRIME A FLoRrbA-cEjmr-IED 1) VETERAN Y (2 IS THE ACTI'VITY OF THIS CONTRACT. - MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y CONSTRUCTION ? C 3 (DBff?A9ffWBE) OR HAVE A SMALL DISADVANTAGED MBE? Q SU51NESS &A CERTIFICATION fROM THE RAALL BUSINESS Y CONSULTATION? y 14 ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y N OTHER? y 14 508 80 V td 15 TWS SUBMISSION A REVISION? Y N T YES, REMION NUMBER OBE M/WBE I NSUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I IETHNICITY GIDE I SUBf5UPPLIER I PERCENT OF CONTRACT VETERAN AME SPECIALTY fSee Belowl UOU DOLLARS NAME OF SU13Mr.lTER DATE TITLEGFSUBMITTER &YYA e [CL - e , c� s2jc-( —Irnd'� 0 re-1— EMAILADIYRESS Of PRIME IsiNuArrrER) TELEPHONE NUMBER I FAXNUMBER I ernj��fta L C.P.n NOTE: This infamation is used to track and report anticipated DBE of MBE participation in federally -funded contracts. The anticipated mor MBE amoura is voluntary and'ivill not become part of the contractual terms. This form must he submitted at time of response to a solicitation. If and when awarded a county contract, the primewill be asked to update the information for the grant compliance files. HA INA, SAA ARA DATE EXHIBIT I - 8 10/10/2018 7:55 AM p. 41 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: Solicitation 18-7475 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. T-6, 7 , 4 � , r , G Contractor (FirrK Name) Signature of C'.6ntractor' 'Authorized Official Name and Title of Contractor's Authorized Official Date EXHIBIT I - 9 10/10/2018 7:55 AM p. 42 MULTI -CONTRACTOR AWARD AGREEMENT # 18-7475 for Fencing Installation and Repair Services THIS AGREEMENT, made and entered into on this day of 20_, by and between Arc Tech Construction Services, LLC. , authorized to do business in the State of Florida, whose business address is 7742 Alico Road, Fort Mvers, Florida 33912 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing no upon the date of Board approval 8----�u—, and terminating three (3 ) year(s) from that date or until all outstanding ❑■ Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (3) additional one (1 year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a XPurchase Order ❑Notice-te-R-roGeed 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑equ ❑ 0 Other Request for Qualifications ( RFQ ) # 18-7475 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. Q The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. ❑ ❑ G#ie-~ E-xhibit/Attasha 3-4 ❑ The- y -reserves 4he- lite--spee*ian-eae F-QuG 4 th"er Od -ef Gon*eti-Gn; elieet on-oPkpidat-- ges4n4he--e �, Meth -G o4og"eleeted-in-44 4. THE AGREEMENT SUM. 0 The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Gontraeto-r'-s-guet prices-shatl be-based-on-Exh+bit B--F-ee-Sehedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". ❑ The C®�tnt to�for th maximum p d-b� alae Gon#aeter-in-resp e peeif-G-- st-for- otat6one--a-nd ttae 2fw,eWMethedole m ed "ectkm-44-. ❑ Goetractor quoted-pris�all-b sed-ora--E-xhibi€ B--Fee-Soheduie: Payment-•will--be-m,ademon4eseipt-of-a-prWer-irw' +ad ---u p k"e--6o -ty's 6entr-ast t�l�re' a�age�-an mpliarase-wi# ., 'se�k�-the-'-Lesal. nr� r�p�Rayr� „• 4.1 Price Methodology (as selected below): 0 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Time -and -Materials The-Cou-nty-agrees4o-pale-centr-actor-#or-the-arnoustof 4abor-tune s by-the-sentraoto ' p��d-sobeentr eta er-o tl 4y ra ,,-an equlpraaerlt ed4n4 ei"j cont--ao#er-'-�rkup)-This-methodology-ts-generally-used-i-n-projects i e -prefect; er-when-i�-i-s-e�ested--that-th would-rr�flst-1ikel�nge—,4s-a-generaa--kaosine�.s-pr-astise; the e--batik-� do oats; +nvelces- nreu{d- include--number-ef-h positio nd--not--ceropmy- kGr---s ont-raot9"mekeeping--ar"-payr-all--records) mater-ial-©r- equ+pment 4veice�and le deoumertta#tsn�€©r the-pr��ject Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ ❑ U-nit-Rr-ise Th"oun agr ees-to-pair-a- 4nTi-tatal-fixed-Oce-{1nclusive-of-all-rest-s, inGluding Jaber, slivered -(i -e- instal4afi® pang }--Th unitprice-and4he-number-of unAs-reoe+ved-{no-oenttr-aaetGNnventar-y-or-r�Rffration4- 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4:4 ❑ Tlrave"nd- lmbureable--Expenses- --Tra-vel-and-Reimbu ble-�eenses-mu€t be a dvaec-,e--in writing-bac-th nfy: Travel- uses Seet+o n-14-27064-Fkn—S-t-a-ts: 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Arc Tech Construction Services, LLC Address: 7742 Alico Road Fort Myers, Florida 33912 Authorized Agent: David E. Torres, Manager Attention Name & Title: Telephone: (239) 334-8611 E-Mail(s): Dtorres@arctechconstruction.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: Administrative Agent/PM Telephone: E-Mail(s): 15000 Livingston Road Naples, Florida 34109 Matthew Catoe (239) 252-4059 Matthew.Catoe@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. 1:3- ❑ �raa#es�i�aa�l-L-iabti'time-naa+nand-b�la�-Ccar-qtr-ac�te�-te-efias�are-Nits- �bi-4ity-fer- eer waive&4t&+i tof-r-eGGvef Aga+nst-Gounty--ar.,t"ray-d-aNni-s r-thip,mee---Such-iRwr-ate & ❑ Cis-ber-Leabi ty Gover-age-shad�-have r�rvirnum4im ts- f-$ Per -claim- l=-: ❑ :-Cover-age-shall-ha inimurA-I+rn+#s a# -Q mer-elai+ Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page b of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), O Exhibit A Scope of Services, ❑ Ekhib443-Pee Sd7tedu4e-, ❑ ❑ 4T-B/FN_1 Other Request for Qualifications # 18-7475 , including Exhibits, Attachments and Addenda/Addendum, ❑ doGurnent-a, 0 Exhibit C-1 Public Payment Bond, 0 Exhibit C-2 Public Performance Bond, Exhibit D - Release and Affidavit Form, O Exhibit E — Form of Contract Application for Payment, MR Exhibit F - Change Order, O Exhibit G - Certificate of Substantial Completion, 0 Exhibit H - Certificate of Final Completion, R Exhibit I - Warranty, and 0 Other Exhibit/Attachment: Federal Grant Provisions 17. APPLICABILITY. Sections corresponding to any checked box (E) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. FO -1 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 23. # LIQUIDATED DAMAGES. The Commencement Date shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. 0 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 c i) unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. Al CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. FE -1 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. F0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. F61 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. FE -1 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 f A 01 Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. �■ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: AI�aser, B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 35. Q WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. a- .. Alme o. . Mee Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 FE� AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. .- _ - - o a 3 -ll a ecc - -- r - - 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. 01 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 t IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness TT elpnin itFOss nameT Contr' tgr's Second i ness wi zi nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: William L. McDaniel Jr. , Chairman Arc Tech Construction Services, LLC Contractor By: Signature a _ r-- pe/print signature and titleT Page 16 of 33 Multi -Contractor Award Agreement 2017.006 V .1 Exhibit A Scope of Services FE -1 following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 EXHIBIT A WORK ASSIGNMENT PROCEDURES Regularly Scheduled Work — awarded based on lowest quote from all awarded Contractors. Urgent Work — awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Urgent repairs are unplanned damages that pose a safety threat or violation of compliance requirements. The vendor on rotation must provide a quote for the County's consideration within 24 hours of the visit and also provide a schedule to complete required temporary repairs; quotes cannot exceed $3,000.00. The vendor is to secure the damaged work area via a temporary repair to allow County staff to solicited from all qualified vendors in the awarded pool. The following Articles of the Agreement shall only be applicable for individual projects over $200,000; Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion Page 1 of 1 Vit; This award is for the installation and repair of fencing systems for County owned and operated facilities to minimize operational down time and for facilities to be maintained in top operating condition. Awarded Contractors will provide installation services, routine repair services, and urgent repairs for all types of fencing on County properties, including but not limited to security fencing, pedestrian gates, rolling gates, motorized gates and other fence related items. The County may also require services to supply and install wood and vinyl fencing at various heights, including but not limited to stockade and split rail. There may be additional opportunities, although very rare, to install or repair ornamental fencing, i.e. wrought iron, vinyl, plastic, etc. Collier County will request quotes from Contractors capable of furnishing all labor, materials, tools, equipment, and supervision for the installation and repair of fences and gates for all Collier County owned and leased properties. The County is interested in working with Contractors who are responsive to their requests for quotes and complete work in a timely manner. Work will be ordered as follows: Regularly Scheduled Work — awarded based on lowest quote from all awarded Contractors. Urgent Work — awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Urgent repairs are unplanned damages that pose a safety threat or violation of compliance requirements. The vendor on rotation must provide a quote for the County's consideration within 24 hours of the visit and also provide a schedule to complete required temporary repairs; quotes cannot exceed $3,000.00. The vendor is to secure the damaged work area via a temporary repair to allow County staff to solicited from all qualified vendors in the awarded pool. The County utilizes perimeter security system fencing that generally can be characterized as bellow: 1. Chain-link fence construction shall conform to industry standards for security fences. 2. Fence shall be maintained and repaired in accordance with the industry standards. 3. Clearance area shall be at least 10' wide on each side of the fence. 4. Fence signage shall be reduced to the regulated minimum and securely attached to fence posts. 5. Gates shall be secured in closed position to eliminate any free movement. 6. Gates remaining open for extended time shall be secured in the open position. 7. Chain-link fence recommended for optimal fiber-optic sensor performance shall have a. Aluminum -oxide coated 9 -gauge steel wire fabric, tensioned to 1000 lbs. b. Bottom rail with fabric twisted ends extending below it. c. Reinforcement rails in brace sections installed at 3/4 height. d. Fabric attached to posts and rails using 9 -gauge galvanized steel wire ties at least every 15". f. 7 -gauge hardened galvanized steel tension wire installed 6" to 8" below the top of the fabric. g. Intermediate -height tension wire(s) recommended. h. Fabric attached to tension wire(s) using 12 -gauge galvanized steel wires ties at least every 15". i. No aluminum wire ties and no hog rings. j. Welded barb wire outriggers. (including razor wire for Correctional facilities) 8. Chain-link fence shall pass the following fabric tension test a. Apply 50 lbs force pushing on the fence fabric at the mid -point of the section. b. Apply 50 lbs force pulling on the fence fabric at the mid -point of the section. c. Total range of fabric deflection shall not exceed 4". Page 1 of 2 d. The test shall be repeated for at least 10 representative locations and for all suspect fence sections. 9. Correctional facilities may require additional requirements above standard security fencing. 10. Public Utilities' facilities, specifically utility plants, well sites, and/or pump stations, may require additional requirements above standard security fencing. Fencing provided for Public Utilities should comply with the Collier County Public Utilities Standards, as amended from time to time. Further, the County requires awarded Contractors to: 1. Abide by all County safety standards (i.e. MOT). 2. Coordinate utility locate services prior to the start of any replacement or new installation of fence materials. 3. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off -hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM. After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. 4. Abide by any and all County standards, codes and/or ordinances relating to fencing. 5. Work with the County project manager for requirements on obtaining and closing any required permit. 6. Provide invoices (billing) that identifies the County's purchase order and the supplier's quote number; invoices (billing documents) must match how the quote was documented for labor and material costs associated with the project. 7. Provide for "re -work" service: in the event that the County's project manager declares the work has been performed to an unsatisfactory condition, the Contractor will return to the project site within seven (7) business days to correct the repair, replacement or new installation to the satisfaction of the County for no additional cost. 8. For Contractor staff working in Sheriff's facilities, the staff members must past the Collier County Sheriff's Office background screening prior to being contracted. All applicable fees, if any, will be the responsibility of the Contractor. Page 2 of 2 't Exhibit B Fee Schedule ❑ following this page (pages through ) 0 this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That I as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our representatives, successors and assigns, jointly and severally. heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. body. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me this of 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) NMI Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 E As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by_ as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal underthe Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or otherwork to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal STATE OF COUNTY OF By: Name: Its: The foregoing instrument was acknowledged before me this day of 20 by , as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 11 D"Lo ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by _ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 C ) ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared who being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: The foregoing instrument was acknowledged before me this as corporation, on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) [Corporate Seal] _ day of of He/she is personally known to me as identification and did (did not) take an oath. (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 20 , by or has produced Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ __% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: I I Change #: = Purchase Order #: I Project #: Contractor/Firm Name: F— 7 Project Name: 7 Project Manager Name: 7:1 Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #. Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.001 #DIV/01 Change from Current BCC Approved Amount Cumulative Changes $ o.00l #DIV/nl Change from Current Amount CompletionDate, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed [�Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this chance is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract /work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Approved by: (Design Professional and Name of Firm, if project applicable) (Procurement Professional Date: Date: Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER By: Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 IC A, 0`r ❑ this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.I Description: Other Exhibit/Attachment Federal Grant Provisions Q following this page (pages 1 through 9 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.l EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price, (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq- rp ogram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I - 3 KA011 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics orlaborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract mustbe available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Arc Tech Construction Services, LLC Date 11/07/18 Authorized Signature EXHIBIT I - 6 David E. Torres - ager ■ EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Arc Tech Construction Services, LLC By: Signature David E. Torres - Manager Name and Title 7742 Alico Road Street Address Fort Myers, FL 33912 City, State, Zip DUNS Number 11/07/18 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 EXHIBIT I - 7 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified, unverifabse statuses vall require the PnmE to either pr& -de a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT Arc Tech Construction Services, LLC 27-3355378 ISTK PRI?.IE A. ELORIDA-CERTIFIED DISAMiANTAGEO, VETERAN V N "S THEACTIY'ITY OF THIS CONTRACT... MIPtORITYtSRt'i01d1NEI'OSINESSENTERPRISE? DBE? Y N CONSTRUCTION? Y N DBWJBE,A':BEV OR HAVE A SMALL DISADVAtJTAAED BUS NESS SAC€R71fiCATIONFROMTHESRIALLBUSINESS MBE? Y N CONSULTATON? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN WWBE? Y N OTHER? Y N SDB EA? V N IS TWSSUBMISS?W? A REVI510WI Y N IF YES, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE "BE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCErdr OF CONTRACT VETERA34 NAME SPECIALTY Isee Wow) DOLLARAMOU?FT DOLLARS TarALs: C. SECTION 1 T BE,Co�7 D BY PRIME' VENDORICONTRACTOR NAME: OF5UBf 1TTER % DATE TITLE 0 F SUBMInTER David E. Torres 7/18 Manager EMAJL ADDRESS OF PRIM UDM TELEPHONE DUMBER FAX NUMBER dtorres@arctechcon I n.com 23q '134 a61 1 2aR.334,1399 NOTE: This infoaroation is used to track and report antPtipated DBE Cr Mbf participation in ftderallyfund'ed contracts. The anticipated DBE or VIBE amount is voluntary' and eeill not became part of the contractual terms. This form must be suMlitted at time of res?anse to a solicitation. J and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. D. SECTION TO BE COMPLETED BY COLLIER COUNTY D EPA A.TMENT NAME COIiIER WtTfRACT;w [IFB,(PfP-orFG,(PEOY. GRANT PROG RAM/CWETRACT ACCEPTED BY: DATE EXHIBIT I - 8 0 ETHNICITY CODE Black American DA HispanicAmerican HA ttativekmerican NA Subcent. As i an American SAA Asian-PacificAmerican APA Pton-Mincrlty t.�omen 10401 other: not of any other group listed 1 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY D EPA A.TMENT NAME COIiIER WtTfRACT;w [IFB,(PfP-orFG,(PEOY. GRANT PROG RAM/CWETRACT ACCEPTED BY: DATE EXHIBIT I - 8 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Arc Tech Construction Services, LLC Contractor (Firm Name) Signature of Contractor's Authorized David E. Torres - Manager U Name and Title of Contractor's Authorized Official 11/07/18 Date WIN EXHIBIT I - 9 MULTI -CONTRACTOR AWARD AGREEMENT # 18-7475 for Fencing Installation and Repair Services THIS AGREEMENT, made and entered into on this day of 20_, by and between Carter Fence Company , authorized to do business in the State of Florida, whose business address is 3490 Shearwater Street, Naples, Florida 34117 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing Al upon the date of Board approval F , and terminating three (3 ) year(s) from that date or until all outstanding X Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a X Purchase Order nNGfi P-l;oceed-. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ fiT ttabon t"d- OT -B) W Other Request for Qualifications (RFQ ) # 18-7475 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 0■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. ❑ g-l/®rl❑ 9tber E- xh!bWAttach 3-4 ❑Thenty- eseRo"h"gh"®-spe -i la --Req t : e-pefiedd-of Gompie-ti -d ; e -i +iee Method Gtogy-seieoted4n4.4-. 4. THE AGREEMENT SUM. ❑ The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ GGR#-ast eted priees-shall-be-based-on-E--x-bib+t-B--F-ee-Bohedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". D - .fl 9 9 fl fl D- C • C .� .Cp. -. -. D C. C .� - fl - ' -. fl - _ :� D fl - C -. • -... -. .. fl D D fl D ., .. fl .-. -. C. .. D • e -• e - a- affi D n -- • _ •- •_ fl - - e • fl DD-TOa flD yfl® D - D- m 4.1 Price Methodology (as selected below): FN� Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. MOR .fl . D �� fl - flCfl flD D- - -.D • • - . fl ma* .. - . . flC C . C C fl C D .. D fl -. fl •- "0 D C fl. D.. �. fl D.. ...- D Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N ■ •' Q Q -' Q S • G 'S Q G G S Q 0 � �. - r. - ZS. p . r. • p - � .. a. - �.-.. p ,,.. -. +`+ -. -. p p•.. p. G r � - a - - �. G. .. ft.] G -_ a ' 01 - a. : fl. MIN -.y,.a 154=201. I I a.- C..-.. N..' Lyra; . .a .-G .r - a= flyk4—NeIr.5.....G - G' 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. LUM MUM wo MIN - o-� a - o-- - _ a- -p • - Q o- Y o- - o-- - � . a . 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Carter Fence Company 3490 Shearwater Street Naples, Florida 34117 Phil A. Marchio, Estimator (239) 353-4102 phil@carter-fence.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: Administrative Agent/PM: Telephone: E-Mail(s): 15000 Livingston Road Naales, Florida 34109 Matthew Catoe 252-4059 Matthew. Catoeacolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FE -1 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Foll Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D- ❑ P-rofessi-onal-L4ab i t -y. -S H --be i ined-"e--GentraGt-er-to-en-its4egaliabifity-#ef nt-ra-etar waives-it&-r-ight-ef-recover gainst ty-e�,-ender- his4nva--awe--Succi-'mur-a-n -i E— ❑ CbeLial�it�s Leverage-sk�ai4 knave wiu-l+retts c�#-$ mer-olai F_. ❑ :-Gover-age shall-have--rainimuna-l+rrmi#s Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, ❑ G..*bA Q Goo Sehedu4e-, ❑ ❑ 4TB/0 Other Request for Qualifications # 18-7475 , including Exhibits, Attachments and Addenda/Addendum, ❑ eub's desurnents 0 Exhibit C-1 Public Payment Bond, Exhibit C-2 Public Performance Bond, ❑ Exhibit D - Release and Affidavit Form, 0 Exhibit E — Form of Contract Application for Payment, ❑■ Exhibit F - Change Order, 0 Exhibit G - Certificate of Substantial Completion, ❑■ Exhibit H - Certificate of Final Completion, OF Exhibit I - Warranty, and A Other Exhibit/Attachment: Federal Grant Provisions 17. APPLICABILITY. Sections corresponding to any checked box (0) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. ❑0 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 23. Q LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. ❑■ PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. F CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. 0 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ADO Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best_ interest of the County. 31. ■� TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. Q PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. 0■ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 s j 35.❑ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. •� e ammi a- a- a -aa-tee - .- -_ a -. - - •- _a - - - •- a� c-�a m- a •� - e - !a -- -. _ems aI LT a M m - 2 UTZell -04,_-Mtv a Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 68r�plete-the se, ; _es-oP-a--n�r�e"asi and-each-pefsor,-assig-n-I fae-ava+la�4e-fo�r� ameenn-t-oftime-a dequate-te-n-f eet-t-he-require"eRise-dates.-The-Gentrastor-sha lknot-shonge-Key Re� ess-the-f$Nowir-g s-oposed-rep4Gercents-faaavy the-same-er-better-quatifieet+oma-ndd/er-e�erien(3e 2)-tthatthe-Gounty-is -Gfi ied4n-wNtng-as-faF Geliier-GGunt) �i even47--days-e# t-he-strange-Tbe-CeGunty-ret Rs*na -approval-ef-preposed reepJasemen persennel. ❑■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. ❑ OR -DE -tat OF-PR€GE-�DE-NGE—In-t-he-event-of-any-eonflirt between-or-among4he-ter-ms-of-ae-y he GontFaster's-RFepeeelnd/er-the-Gonty°s Poard-appreved-Exeee j4mFAod the-Gentm6t-9eeuFnents-s4alkake-preeedensu 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. ■W SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness TT e/print itness nameT Contractor's Second Witness c�ma&ha M rIo n TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By; William L. McDaniel Jr. Chairman Carter Fence Com an Contr rint signature and title Page 16 of 33 Multi -Contractor Award Agreement 2017.00 CAO R Exhibit A Scope of Services FE -1 following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 CAO EXHIBIT A WORK ASSIGNMENT PROCEDURES Regularly Scheduled Work — awarded based on lowest quote from all awarded Contractors. Urgent Work — awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Urgent repairs are unplanned damages that pose a safety threat or violation of compliance requirements. The vendor on rotation must provide a quote for the County's consideration within 24 hours of the visit and also provide a schedule to complete required temporary repairs; quotes cannot exceed $3,000.00. The vendor is to secure the damaged work area via a temporary repair to allow County staff to solicited from all qualified vendors in the awarded pool. The following Articles of the Agreement shall only be applicable for individual projects over $200,000; Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion Page 1 of 1 This award is for the installation and repair of fencing systems for County owned and operated facilities to minimize operational down time and for facilities to be maintained in top operating condition. Awarded Contractors will provide installation services, routine repair services, and urgent repairs for all types of fencing on County properties, including but not limited to security fencing, pedestrian gates, rolling gates, motorized gates and other fence related items. The County may also require services to supply and install wood and vinyl fencing at various heights, including but not limited to stockade and split rail. There may be additional opportunities, although very rare, to install or repair ornamental fencing, i.e. wrought iron, vinyl, plastic, etc. Collier County will request quotes from Contractors capable of furnishing all labor, materials, tools, equipment, and supervision for the installation and repair of fences and gates for all Collier County owned and leased properties. The County is interested in working with Contractors who are responsive to their requests for quotes and complete work in a timely manner. Work will be ordered as follows: Regularly Scheduled Work — awarded based on lowest quote from all awarded Contractors. Urgent Work — awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Urgent repairs are unplanned damages that pose a safety threat or violation of compliance requirements. The vendor on rotation must provide a quote for the County's consideration within 24 hours of the visit and also provide a schedule to complete required temporary repairs; quotes cannot exceed $3,000.00. The vendor is to secure the damaged work area via a temporary repair to allow County staff to solicited from all qualified vendors in the awarded pool. The County utilizes perimeter security system fencing that generally can be characterized as bellow: 1. Chain-link fence construction shall conform to industry standards for security fences. 2. Fence shall be maintained and repaired in accordance with the industry standards. 3. Clearance area shall be at least 10' wide on each side of the fence. 4. Fence signage shall be reduced to the regulated minimum and securely attached to fence posts. 5. Gates shall be secured in closed position to eliminate any free movement. 6. Gates remaining open for extended time shall be secured in the open position. 7. Chain-link fence recommended for optimal fiber-optic sensor performance shall have a. Aluminum -oxide coated 9 -gauge steel wire fabric, tensioned to 1000 lbs. b. Bottom rail with fabric twisted ends extending below it. c. Reinforcement rails in brace sections installed at 3/4 height. d. Fabric attached to posts and rails using 9 -gauge galvanized steel wire ties at least every 15". f. 7 -gauge hardened galvanized steel tension wire installed 6" to 8" below the top of the fabric. g. Intermediate -height tension wire(s) recommended. h. Fabric attached to tension wire(s) using 12 -gauge galvanized steel wires ties at least every 15". i. No aluminum wire ties and no hog rings. j. Welded barb wire outriggers. (including razor wire for Correctional facilities) 8. Chain-link fence shall pass the following fabric tension test a. Apply 50 lbs force pushing on the fence fabric at the mid -point of the section. b. Apply 50 lbs force pulling on the fence fabric at the mid -point of the section. c. Total range of fabric deflection shall not exceed 4". Page 1 of 2 4 d. The test shall be repeated for at least 10 representative locations and for all suspect fence sections. 9. Correctional facilities may require additional requirements above standard security fencing. 10. Public Utilities' facilities, specifically utility plants, well sites, and/or pump stations, may require additional requirements above standard security fencing. Fencing provided for Public Utilities should comply with the Collier County Public Utilities Standards, as amended from time to time. Further, the County requires awarded Contractors to: 1. Abide by all County safety standards (i.e. MOT). 2. Coordinate utility locate services prior to the start of any replacement or new installation of fence materials. 3. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off -hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM. After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. 4. Abide by any and all County standards, codes and/or ordinances relating to fencing. 5. Work with the County project manager for requirements on obtaining and closing any required permit. 6. Provide invoices (billing) that identifies the County's purchase order and the supplier's quote number; invoices (billing documents) must match how the quote was documented for labor and material costs associated with the project. 7. Provide for "re -work" service: in the event that the County's project manager declares the work has been performed to an unsatisfactory condition, the Contractor will return to the project site within seven (7) business days to correct the repair, replacement or new installation to the satisfaction of the County for no additional cost. 8. For Contractor staff working in Sheriff's facilities, the staff members must past the Collier County Sheriff's Office background screening prior to being contracted. All applicable fees, if any, will be the responsibility of the Contractor. Page 2 of 2 ti Exhibit B Fee Schedule ❑ following this page (pages through ) 0 this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Q this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF By: Name: Its: The foregoing instrument was acknowledged before me this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) •E Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 t�� As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by _ as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ❑■ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal underthe Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 /' This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of ,20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this 20 by , as , a corporation, on behalf of He/She is personally known to me OR has produced as did (did not) take an oath. day of of My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 the corporation. identification and Multi -Contractor Award Agreement 2017.006 Ver.1 f ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by _ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 r0j' fb� this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared who being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20 , by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver,1 FO -1 this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: M Original Contract Time: Revised Contract Time: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Retainage @ 10% thru[insert date] $ Retainage @ __% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: roject Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 FE -1 this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Change #: = Purchase Order #: [� Project #:-� Contractor/Firm Name: �- -� Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/01 Change from Current BCG Approved Amount Cumulative Changes $ 0.00 #17)IV/01 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original[� Last Approved [� Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: (Procurement Professional Date: Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 F■ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0■ this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ate, Executed by Design Professional on , 20_ Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 A0 e ❑E this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.I Other Exhibit/Attachment Description: Federal Grant Provisions 0 following this page (pages 1 through 9 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.I EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I - 1 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www epa gov/smm/comprehensive-procurement-quideline-cpq- rp ogram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job.functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I - 3 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I - 4 -� EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I - S 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Date Authorized Signature EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR yAA 'd kr /lis ✓/ . �.' Name and Title City, State! Zip �zg5 DUNS Number Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP000000l EXHIBIT I - 7 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verifced unverifab!e statuses will require the PRIME to either pfoi'vde a re.ised statement or provide source documentation that validates a status. A. PRIME'VENDOR/CONTRACTOR INFORMATION PRIME 14ANIE PRIME FVD NUMBER CONTRACT DOLLAR AMOUNT W�u FW g, l05-NU�ql� IS THE PRIMIAROAiDA-CERTIFiEDDISADV TAGED, V rEPAN y PSTNEACnVITYOFTHISC-0NTP.ACT... MINORrn OP WOMEN EUS0I95 ENTERPRISE? DBE? Y CONSTRUCTION ? Y� N (DEEL1.18E,1,N6E) OR HAVE A SNIALL DISADVANTAGED BUSINESSEACERTIFICATiONfRON'THE SMALL BUSINESS MBE? y CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN:? NfBE? Y OTHER? V N SUB BA? Y IS TH'.S 5U5?AiSSON A REVISION? Y N iF YES, REYiSION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE W WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICfTY CODE SUBISUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS i TOTALS. C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER ,)( o i Qq I0L is a(U-'-Cr EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER . NOTE: This information is used to track and report anticipated DBE or f.sBE participation in federally -funded contracts. The anticipated DBE or F.IBE amount is vo':untary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation rf and v, hen awarded a Count{ contract, the prime will be asi.ed to update the information for the grant ccmpllance files. ETHNICITY CGDE Black American BA Hispanic A merican HA Native American NA subcont. Asian American SAA Asian•PacificAmerican APA NOn-m,inority women, NNW Other: not of any other group listed 1 O D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTf.'ElJT NAtrtE COLLIER COI{TP.ACT 1I 1FUILFP or POJREOS GAANT PP.OGRAM)CONTRACT ACCEPTED BY: DATE EXHIBIT I - 8 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES BYG To be submitted wtfhh ea h bid oriFICAeroffTION eedina �1on 0001 The undersigned [Contractor] certifies, to the best of his or her knowledge, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any, In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any, irm f,Ome) gnature of Contractor's Authorized Name and Title of Contractor's Authorized Official 01 �Do2�a2DI Date EXHIBIT 1 .9 MULTI -CONTRACTOR AWARD AGREEMENT # 18-7475 for Fencing Installation and Repair Services THIS AGREEMENT, made and entered into on this day of 20_, by and between Century Fence Company, Inc. , authorized to do business in the State of Florida, whose business address is 1010_S.E. 9th Street, Cape Coral, Florida 33990 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing Al upon the date of Board approval 8-- ---- --, and terminating three (3 ) year(s) from that date or until all outstanding X Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a F*Purchase Order ❑fie -to -Pr eed- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑i--¢RF4F -} ❑ 0 Other Request for Qualifications (RFQ ) # 18-7475 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. V The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. - Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. !M e � fad F1.14'anot 4. THE AGREEMENT SUM. 0 The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Gentr-astorquoted pr-ices-s,hatl be-based-oe-Exfaibit B--Pee-Scheduls. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". ❑ e�atraetst*fer t maxi nu+a a sed-eta-Vit(D petfGr-med-pAefEruapt--tG--th esifio et-fw Q.0 tions-aad4 Ge -M d as deftaed m--Seet*n-44- ❑ Genttr-alter's-quoted-paices-shat!-be-b-ased--- ori-PE-xbibi[ B--Pee-Schedule- �a-yraaertt-wit adept oe+�t---of--a-p 't�eiee-aid-�tpcara--appre�rel-bye-t uaty'e 4.1 Price Methodology (as selected below): ❑■ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Time -and -Materials: The-Cauwaty-agrees-te-pay-the-oontraetor-fGr e -amour efi 4abor-tirne &pent"e-Ptoye d-.subcen t e# r -s d-fet--raidtoga' r oo p). Thi€ methedGlogy-ts-geaeraRy-used-in- ro}eets-n-whie,�t-possible-t,e h --i s-e-xpeet would ---most I-ke h,ange-- enera busmess-prastice,4hCesse-.ontfaets--ir Wde-baok-up do ; ' +cesautd Enctude taur�a ititng-rate-by position---(a-nd--taut--eompatay- r---subcontr-aota"mekeeping--or--pa-yret eoerd-s); ma-teftal--ar eftreit bur aht n-fer-the-pre}e . Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 In ■ - Q .a Q Q. Q 'aQ Q .Q Q Q 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Qa fl -a �a _�•- p p - fl_d - - p- _- �, a- - Q -Q _ a- a - - • _ pmall- p IEMa - PUMP p - Q - =-- - �� Q-. Q Q _pp p �. a-_ p as ,�Q- �- ,,a _•Q - -� .. a- 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Is 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Century Fence Company, Inc. Address: 1010 S.E. 9th Street Cape Coral, Florida 33990 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Tom Mazzola, Jr. (239) 574-3122 centuryfence@embargmail.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Division Address: Administrative Agent/PM Telephone: E-Mail(s): 15000 Livingston Road Naples, Florida 34109 Matthew Catoe (239) 252-4059 Matthew.Catoe@colIiercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑ Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. R■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D- ❑ PTofeem-nal-L-iabil aa -a ced-by4he-6sntaGt-er✓t r-e-it-s--legagkibiiity--fog ent--Gen-traGter wai-vee-i�.�--rift-�€-recever-y-ag�tn'�t-Gou�rt-y--a�.�--te-�ra3�-elni�a�.un�er-�a+s-in e s�a�-knave`-Iir�ait�-ef +a+s-t-iee-: -thin-$ yeah-elaind-ag�e�ate- €- ❑ C-yber-L-iabilt-t-v!.-G®ver-age-s#all-h-aave-n4N-mu i4lm-ts-of „ter e4i4m- € ❑ : Gaver-age-shall--have-r- inim- r l+m+ts of $ „e�olalnr Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, ❑ €-adhF Se e, ❑ ❑ IT -13/W Other Request for Qualifications # 18-7475 , including Exhibits, Attachments and Addenda/Addendum, ❑ scbse Gng-sGR#a­Gt documervts; 0 Exhibit C-1 Public Payment Bond, FO -1 Exhibit C-2 Public Performance Bond, Exhibit D - Release and Affidavit Form, A Exhibit E — Form of Contract Application for Payment, 0 Exhibit F - Change Order, 0 Exhibit G - Certificate of Substantial Completion, X Exhibit H - Certificate of Final Completion, ❑C Exhibit I - Warranty, and FEW Other Exhibit/Attachment: Federal Grant Provisions 17. APPLICABILITY. Sections corresponding to any checked box (E) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F. S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. ❑■ BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 23. FE -1 LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. Q PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 a unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. QQ CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. FE -1 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. FN� TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. ❑O PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 N Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. 0 COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ 35. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. o a- a - a.021_e- a - -a a111110 a a- Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ FE -1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. ■a Uzi 7034 1114 111@1• w y W. M 6W_ 0 w -Wo 4 •� O 4 w - •• S7 '" 4 w. ... aS — • — — J - S. ,. 6 ., d w .w Q-- 3 ■R ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. FE� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. Crystal K. Kinzel, Clerk of Courts & Comptroller By* Dated: (SEAL) ContrVqPor's-Firs f)(Vitness ,47iq el a �M 5 TTyp6/print witnes—s'namef Contractor's Se6i5nd Witness Ricka"d (&!m TType/print wit .,ss name's ismo County Attorney Print Name welp By: William L, McDaniel Jr. Chairman Century Fence Comeany, Inc. Contractor Page 16 of 33 Multi -Contractor Award Agreement 2017,006 r Exhibit A Scope of Services Q following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ EXHIBIT A WORK ASSIGNMENT PROCEDURES Regularly Scheduled Work — awarded based on lowest quote from all awarded Contractors. Urgent Work — awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Urgent repairs are unplanned damages that pose a safety threat or violation of compliance requirements. The vendor on rotation must provide a quote for the County's consideration within 24 hours of the visit and also provide a schedule to complete required temporary repairs; quotes cannot exceed $3,000.00. The vendor is to secure the damaged work area via a temporary repair to allow County staff to solicited from all qualified vendors in the awarded pool. The following Articles of the Agreement shall only be applicable for individual projects over $200,000; Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion Page 1 of 1 Hca This award is for the installation and repair of fencing systems for County owned and operated facilities to minimize operational down time and for facilities to be maintained in top operating condition. Awarded Contractors will provide installation services, routine repair services, and urgent repairs for all types of fencing on County properties, including but not limited to security fencing, pedestrian gates, rolling gates, motorized gates and other fence related items. The County may also require services to supply and install wood and vinyl fencing at various heights, including but not limited to stockade and split rail. There may be additional opportunities, although very rare, to install or repair ornamental fencing, i.e. wrought iron, vinyl, plastic, etc. Collier County will request quotes from Contractors capable of furnishing all labor, materials, tools, equipment, and supervision for the installation and repair of fences and gates for all Collier County owned and leased properties. The County is interested in working with Contractors who are responsive to their requests for quotes and complete work in a timely manner. Work will be ordered as follows: Regularly Scheduled Work — awarded based on lowest quote from all awarded Contractors. Urgent Work — awarded based on a rotation of the qualified vendors. Requires telephone or email acknowledgement of the request within one hour. Urgent repairs are unplanned damages that pose a safety threat or violation of compliance requirements. The vendor on rotation must provide a quote for the County's consideration within 24 hours of the visit and also provide a schedule to complete required temporary repairs; quotes cannot exceed $3,000.00. The vendor is to secure the damaged work area via a temporary repair to allow County staff to solicited from all qualified vendors in the awarded pool. The County utilizes perimeter security system fencing that generally can be characterized as bellow: 1. Chain-link fence construction shall conform to industry standards for security fences. 2. Fence shall be maintained and repaired in accordance with the industry standards. 3. Clearance area shall be at least 10' wide on each side of the fence. 4. Fence signage shall be reduced to the regulated minimum and securely attached to fence posts. 5. Gates shall be secured in closed position to eliminate any free movement. 6. Gates remaining open for extended time shall be secured in the open position. 7. Chain-link fence recommended for optimal fiber-optic sensor performance shall have a. Aluminum -oxide coated 9 -gauge steel wire fabric, tensioned to 1000 lbs. b. Bottom rail with fabric twisted ends extending below it. c. Reinforcement rails in brace sections installed at 3/4 height. d. Fabric attached to posts and rails using 9 -gauge galvanized steel wire ties at least every 15". f. 7 -gauge hardened galvanized steel tension wire installed 6" to 8" below the top of the fabric. g. Intermediate -height tension wire(s) recommended. h. Fabric attached to tension wire(s) using 12 -gauge galvanized steel wires ties at least every 15". i. No aluminum wire ties and no hog rings. j. Welded barb wire outriggers. (including razor wire for Correctional facilities) 8. Chain-link fence shall pass the following fabric tension test a. Apply 50 lbs force pushing on the fence fabric at the mid -point of the section. b. Apply 50 lbs force pulling on the fence fabric at the mid -point of the section. c. Total range of fabric deflection shall not exceed 4". Page 1 of 2 ■ d. The test shall be repeated for at least 10 representative locations and for all suspect fence sections. 9. Correctional facilities may require additional requirements above standard security fencing. 10. Public Utilities' facilities, specifically utility plants, well sites, and/or pump stations, may require additional requirements above standard security fencing. Fencing provided for Public Utilities should comply with the Collier County Public Utilities Standards, as amended from time to time. Further, the County requires awarded Contractors to: 1. Abide by all County safety standards (i.e. MOT). 2. Coordinate utility locate services prior to the start of any replacement or new installation of fence materials. 3. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off -hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM. After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. 4. Abide by any and all County standards, codes and/or ordinances relating to fencing. 5. Work with the County project manager for requirements on obtaining and closing any required permit. 6. Provide invoices (billing) that identifies the County's purchase order and the supplier's quote number; invoices (billing documents) must match how the quote was documented for labor and material costs associated with the project. 7. Provide for "re -work" service: in the event that the County's project manager declares the work has been performed to an unsatisfactory condition, the Contractor will return to the project site within seven (7) business days to correct the repair, replacement or new installation to the satisfaction of the County for no additional cost. 8. For Contractor staff working in Sheriff's facilities, the staff members must past the Collier County Sheriff's Office background screening prior to being contracted. All applicable fees, if any, will be the responsibility of the Contractor. Page 2 of 2 0 Exhibit B Fee Schedule ❑ following this page (pages through ) this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Al this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of 20 with Oblige for drawings and specifications, is referred to as the Contract in accordance with which contract is incorporated by reference and made a part hereof, and THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of body. 20_, the name of under -signed representative, pursuant to authority of its governing Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY O_F PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me this of 20 , by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) •; Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver,1 ■ As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this of as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 FE -1 this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of , 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■ This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above patties have executed this instrument this day of ,20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF all By: Name: Its: The foregoing instrument was acknowledged before me this by , as day of of , a corporation, on behalf of He/She is personally known to me OR has produced as did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 the corporation. identification and Multi -Contractor Award Agreement 2017.006 Ver.1 0 ATTEST: Witness as to Surety Witnesses STATE OF COUNTY O_F SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by _ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ■0 this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of as of corporation, on behalf of the corporation. He/she is personally known to me as identification and did (did not) take an oath My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: _ 20 , by a or has produced Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0 FM -1 this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: _ (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ __% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 26 of 33 (Signature) DATE: _ (Type Name and Title) Multi -Contractor Award Agreement 2017.006 Ver.1 0 X this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: F Project Name: Project Manager Name: 1 Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #i Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total 1 $ 0.001 #DIV/01 Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.001 #DIV/0! Chancie from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract /work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Approved by: (Design Professional and Name of Firm, if project applicable) (Procurement Professiona Page 27 of 33 Date: Date: Multi -Contractor Award Agreement 2017.006 Ver.1 FN� this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: m OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title M CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 V this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. we And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Executed by Design Professional on Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title i►31� Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 0■ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.I Other Exhibit/Attachment Description; Federal Grant Provisions X following this page (pages 1 through 9 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.l EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I -1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www epa gov/smm/comprehensive-procurement-q-uideline-cpq- ro ram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 11. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I - 5 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Solicitation 18-7475 Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name 6165 �f.., Date 16 4IL" Authorized Signature EXHIBIT I - 6 10/10/2018 7;55 AM CAO P. 39 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY : 3 'A J, and VQLUNTARY EXCLUSION µ Contractor Covered Transactions Solicitation 18-7475 (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR By: Signature dip, Name and Title lUla J� P Street Address City, State, Zip UNS Number Date Sub -Recipient Name: DEM Contract Number: FEMA Project Number: 10/10/2018 7:55 AM Collier County Board of County Commissioners Z0001 4337DRFLP0000001 EXHIBIT I - 7 P. 40 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Solicitation 18-7475 COLLIER COUNTY ANTICIPATED DISADVANTAGED, :MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT wilt be Verifreii. Unaertrable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validatesa PRIME NAM£ PRINIEfE10 NUMBER CONTRACT DOLLAR AMVUPtr IS THE PRIMEAKC19 A-CERTIFIEDDISADVAtTAGE . ARAN Y (B LSTHEAGTIVITYOFTHISCONTRACT— MINCIRITYOR WOMEN BUSUIESSENTERPRISE? OBE? Y CONSTRUCTION ? CY) t, (DBEfbtBffV(BE) OR HAVE kSMALL DISADVANTAGED OU51NESS&ACERTIFICATION FROMTHE SMALL BUSINESS MBE? V (9) CONSULTATION? Y i4 ADMINISTRATION? ASERVICEDISABLEDVETERAN?W$E, Y OTHER? Y tl SDB BA? Y N 15 THIS SUBMISSIOTI.A REVISION?j Y N IF YES, REVISION NUMBER +.(, fD. �t'�+ 4, 11 9 '} 1 4 SLd si ��ak, i. k 4�.✓�sx"v --¢ DBE M/WBC SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR £THNICITYCODE SUB/SUPPLIER PERCENT OF CONTRACT ­MAU r34ME I SPECIALTY isee BeloWl I DOUAR AMOUNT I DOLLARS 111 OF SUBMITTER VL v NOTE: Thistnfarmationis used to track and report anifcipated UBE or tjBE participation In federalfydundedcontracts. The anticipated UBEor MBE amount is voluntary and: will not become part of the contractual terms. This corm must be submitted at time or response to a solicitation. If and when awarded a county contract, the prime Nviit be asked to update the information for the grant compliance files. BY: EXHIBIT I - 8 10/10/2018 7:55 AM p. 41 IC NN x$s.B at,v�'IkptB �HA 'Hi�sqp�anic A�meri}can. SubtoM.AsfartAmerican SAA 4=f t ¢; ' ds 'r► +atifTCAit�erfcaR ,,.Nn Alf . ,f s 77 Non•1.91norityWomen NrgW s'' i�theT :nQt OI'allyloti:$r a. ,. I eq r .':= i Ct ...r ' '. EXHIBIT I - 8 10/10/2018 7:55 AM p. 41 IC Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be utimitted with each bid or offer eict; ng $1o0 000I The undersigned [Contractor] certifies, to the best of his or her knowledge, that; Solicitation 18-7475 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants; and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S,C. § 1352 (as amended by the .Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. . The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Contractor (FirrK Name) � lx 4.",x 4 Signature of C&(ractor'sVAuthorized Official �..Ss/mr� Name and Title of Contractor's Authorized Official i6Y2 8 Date EXHIBIT I - 9 10/10/2018 7:55 AM p. 42