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Backup Documents 07/14/2020 Item #16E11 (Gates Construction)ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO R1 6 E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routin g lines #1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Risk Risk Management L1 ,� '7 /4,0j 2. County Attorney Office County Attorney Office 7 7 Z 2 4. BCC Office Board of County Commissioners ? .,-9 4. Minutes and Records Clerk of Court's Office 1K , �� 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, ma i need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/ PURCHASING Contact Information 239- 252-8407 Contact / Department Agenda Date Item was July 141, 2020 Agenda Item Number 16. F .11 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7712 GATES GROUP number if document is GATES GROUP LLC DBA GATE to be recorded LLC DBA GATES CONSTRUCTION CONSTRUCTION INSTRUCTIONS & CHEJC�IST Initial the Yes column or mark "N/A" in the Not Applicable c which er is Yes N/A (Not a ro riate. Initial Applicable) 1. Does the document require the chairman's original signatur TAMP O N/A 2. res? If yes, Does the document need to be sent to another agency for ad itional sig?nqattn(hed N/A provide the Contact Information (Name; Agency; Address; e sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JS si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 07/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney' Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the is BCC, all changes directed by the BCC have been made, and the document is ready for the n option for Chairman's signature. i7SU'. ou Risk Management 16Ei1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, July 23, 2020 1:35 PM To: SuarezJessica Cc: ZimmermanSue Subject: Item #16E11 (July 14, 2020 BCC Meeting) Attachments: #20-7712 (Gates Group, LLC d_b_a Gates Construction).pdf Jessica, An executed copy of Agreement #20-7712 w/Gates Construction is attached for your records. Thank you. Ann ✓ennefohn 13MR Senior Deputy Clerk Clerk to the Value Adjustment Board Office: 23 9 -252. -8406 Fax: 239-252-8408 (if applicable) Ann.Jenneiohn@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite 0401 Naples, FL 3413-2-5324 www.Collie,rClerk.com 1 16EII MULTI -CONTRACTOR SERVICE AGREEMENT # 20-7712 for Construction Management Services THIS AGREEMENT, made and entered into on this day of 20 20 , by and between Gates Group LLC DBA Gates Construction , authorized to do business in the State of Florida, whose business address is 27599 Riverview Center Blvd., Suite 205 Bonita Springs, FL 34134 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: The Agreement shall be for a five ( 5 ) year period, commencing upon ❑■ date of Board approval or El on and terminating five ( 5 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one ( 1 ) additional 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 ❑ ❑ ❑■ Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ ❑ Invitatien te Bid (J-R-} ❑■ Other Invitation for Qualification ( IFQ ) # 20-7712 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑E The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page ] of 15 Multi -Contractor Service Agreement 42019-01 1 16E11 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. 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 ❑M The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ^.Q the _ R. _ 1 I _ egy _ _ 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. Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. 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". Further requirements regarding the submission of quotations and the rotational method is found in Exhibit B. 4.1 Price Methodology (as selected below): -WO - - - - M ❑■ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices Page 2 of 15 Multi -Contractor Service Agreement 920 19-011 ED 16EII would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. _ - : 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budaet(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. : - - �a7ttC�t $6-99 fie# $44-00 ref $a-9-. A+F#aFe tandaFel size ehoeles AGtwal ee6t of ledg4gg at srkig4G Page 3 of 15 Multi -Contractor Service Agreement 42019-011 C �r 16Eii MM. - . .. . ...... .......... .,,,,z . ...... c - - -_V! 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. 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: Gates Group LLC DBA Gates Construction Address: 27599 Riverview Center Blvd, Suite 205 Bonita Springs, FL 34134 Attention Name & Title: John A. Hayes, President & CEO Telephone: (239) 593-3777 E-Mail(s): JHayes(q-)_gatesinc.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 Name: Procurement Services Division Division Director: Sandra Herrera Address: 3295 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Evelyn Colon Telephone: (239) 252-2667 E-Mail(s): Evelyn.Colon(a 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. Page 4 of 15 Multi -Contractor Service Agreement 92019-011 AA () 16EII 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, 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 Page 5 of 15 Multi -Contractor Service Agreement 920 19-011 ED 16E11 and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑E 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. ❑■ 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. ❑■ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. & I i hiIity• go pFnge chalurli-iTaFri—limits of pe eeeuFFenee- - 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 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. Page 6 of 15 Multi -Contractor Service Agreement 42019-011 0 16kii 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 Procurement Services 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. 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), ❑■ Exhibit A Scope of Services, ❑■ Exhibit B Fee Schedule, ❑ ❑ +T8/❑■ Other Invitation for Qualification (IFQ) #20-7712 , including Exhibits, Attachments and Addenda/Addendum, ❑ Gu6seqw quetes, and ❑■ Other Exhibit/Attachment: Work Order 17. APPLICABILITY. Sections corresponding to any checked box ( ❑■ ) will expressly apply to the terms of this Agreement. Page 7 of 15 Multi -Contractor Service Agreement 92019-01 1 16EII 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 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. Page 8 of 15 Multi -Contractor Service Agreement 42019-011 f�� 16EII 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. 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. 23. 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. 24. 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. Page 9 of 15 Multi -Contractor Service Agreement 92019-01 1 16E11 25. 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. •V=RVellc- WINNOW OMNI 123 •s- :ss- ❑■ 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. 27. 7■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. - '- .. ■- - - - • - - C ■. 28. 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 Page 10 of 15 Multi -Contractor Service Agreement 42019-011 16E11 assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@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. (Intentionally left blank -signature page to follow) Page 11 of 15 Multi -Contractor Service Agreement #2019-01 1 16EII IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal Kinzel, Clerk of Courts of the Circuit Court & Comptroller All By:By: 5• ''; ' Burt L. Saunders M1 Dated: Ll r ('SEA 006 Chait7 ian's Contracf S . �'res: Gates Group LLC Contractor �. Contra is First Witness C'xCU;N TType/print witryess na T ntra>;.tor's Sedond Witness TType/print witness nameT Ap d s to m d Legality: County Attorney Name , Chairman BA Gates Construction By: Sign ure .. O KOA S TType/print signature and titleT Est Qaiv-il' 4 c35A Page 12 of 15 Item # k Agenda /1�� 0)% Date Date Multi -Contractor Service Agreement 92019-01 I 17 CAO 16EII Exhibit A Scope of Services 0 following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 13 of 15 Multi -Contractor Service Agreement #2019-01 1 16k11 IFQ # 20-7712 "Construction Management Services EXHIBIT A-SCOPE'OF SERVICES The terms "CONSTRUCTION MANAGER" and "CONTRACTOR" will be used interchangeably throughout this Agreement. A. ASSIGNMENT OF WORK 1. A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively even distribution or work. 2. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. 3. If the County is unable to negotiate an agreed rate for services with the CONSTRUCTION MANAGER, it will cease negotiations and move on to the next CONSTRUCTION MANAGER on the rotation list. B. SCOPE OF SERVICES The CONSTRUCTION MANAGER will be responsible for providing complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term Operations and Maintenance (O&M) and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER's in-house personnel or any subcontractors. In the event the CONSTRUCTION MANAGER does not "self -perform" any or all tasks within the specifications, and utilizes subcontractors, the CONSTRUCTION MANAGER is directly responsible for all supervision, monitoring and compliance with one hundred percent (100%) of meeting schedule, cost, work scope plans and specification quality in the performance of a project for the County. 1.3 CONSTRUCTION MANAGER may be involved in: Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/or may hire specialized subcontractors to perform all, or some portion of the construction management work. The services may be assigned into the following category dependent on the Scope of Work for each project. Comprehensive Construction Management services: The CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, from commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: Page 1 of 2 0_0 16k11 The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County's in-house staff or by another Construction Management firm on a Collier County project. Consulting services: The CONSTRUCTION MANAGER will be required to provide construction consulting services in connection with Collier County's capital program. Page 2 of 2 ock 16E11 Exhibit B FEE SCHEDULE ❑■ following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 14 of 15 Multi -Contractor Service Agreement 42019-011 0 i6E21 IFQ #20-7712 "Construction Manager Services" EXHIBIT B-FEE SCHEDULE Category Fee Principal/Principal-in-Charge $225.00 Senior Project Manager $140.00 Project Manager $110.00 Assistant Project Manager $75.00 Senior Project Engineer $65.00 Project Engineer $50.00 Senior Inspector $110.00 Inspector $93.00 Senior Estimator $110.00 Estimator $75.00 Senior Superintendent $130.00 Superintendent $96.00 Assistant Superintendent $90.00 Clerical/Administrative $45.00 BIM Technician/CADD Technician $90.00 CPM Scheduling Technician $90.00 Senior Construction Manager $160.00 Project Director/Preconstruction Manager $155.00 Corporate Safety Officer/Director $65.00 The above hourly rates are applicable to Time and Material task(s) only. The above list may not be all inclusive. Hourly rate for additional categories required to provide particular project services shall be mutually agreed upon by the County and Firm, in writing, on a project by project basis, as needed, and will be set forth in the Proposal agreed upon by the Parties. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. 16EII Description: Work Order Other Exhibit/Attachment 0 following this page (pages 1 through 1 ) Page 15 of 15 Multi -Contractor Service Agreement 92019-01 1 0 16E11 WORK ORDER Contract 00-0000 "Name of Contract" Contract Expiration Date: , 20 This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - * Task II * Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I Task II Task III TOTALFEE PREPARED BY: Name and Title Date APPROVED BY: (Dept Name) , Division Director Date APPROVED BY: type name, Department Head Date By the signature below, the Firm (including 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 proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name & Title of Authorized Officer Date 0 Client#: 76078 GATGR 16 E 11 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 7/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gulfshore Insurance - SWFL 4100 Goodlette Road N Naples, FL 34103 239 261-3646 CONTACT Alex Castro NAME: PHaNEo FAX MLExt :239 261-3646 Alc, No239 213-2803 ADDRESS: acastro@gulfshoreinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER AUberly Mutual 23643 INSURED GATES Group, LLC dba GATES Construction 27599 Riverview Center Blvd #205 Bonita Springs, FL 34134 INSURER B : Liberty Insurance Corporation 42404 INSURER C; Liberty Mutual Fire Insurance Company 123035 INSURERD: Sirius international insurance Corp 86396 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LTRR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER MM/DDT FF MM/DID� LIMITS A GENERAL LIABILITY X X TB2Z51292311019 9/30/2019 09/30/2020 EDACMHGOECTCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occur ence $ 30O OOO CLAIMS -MADE 7 OCCUR MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $2,000,000 POLICY X PRO LOC JECT AS2Z51292311039 $ C AUTOMOBILE LIABILITY 9/30/2019 09/30/202 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ EACH OCCURRENCE $1 O OOO OOO 9/30/2019 09/3012020 B X UMBRELLA LIAB X OCCUR TH7Z51292311059 AGGREGATE $1 O 000 000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION$10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? 7 N / A X WC2Z51292311049 9/30/2019 09/3012020 X I WC STATU- OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000,000 (Mandatory in NH) If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D Professional Liab CPPL00017400 7/07/2020 9/30/2021 1M Occurrence/ 2M Aggre D Pollution Liab X X CPPL00017400 7/07/2020 9/30/2021 1 M Occurrence/ 2M Aggre DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County are included as Additional Insured under the captioned Commmercial General Liability and Automobile Liability Polciies on primary and non-contributory basis if and to the extend required by written contract. General Liability on a primary and noncontributory basis per form LC0443 0512, including ongoing operations per form CG2010 0413, completed operations per form (See Attached Descriptions) 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. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 #S1578747/M1473292 The ACORD name and logo are registered marks of ACORD ALC E1 SAGITTA 25.3 (2010/05) 2 of 2 #S1578747/M1473292