#25-8361 (McFarlane Construction, Inc.) FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
#25-8361
for
"Fencing Installation and Repair Services for Collier County� -Grant Funded"
THIS AGREEMENT, made and entered into on this 11 day of C E( 20
by and between McFarlane's Construction,Inc.
authorized to do business in the State of Florida, whose business address is
940 Country Club Blvd, Cape Coral, FL 33990 _, (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing ■❑ upon the date of Board approval; or ❑ on and
terminating on three ( 3 ) 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
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 the County Manager's designee, may 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 designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ❑■ Purchase Order ❑ Noticc to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ❑ Requcst for Propo3a1 (RFP) ❑■ Invitation to Bid (ITB) ❑
Other ( ) # 25-8361
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.
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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 I■I The procedure for obtaining Work under this Agreement is outlined in Exhibit A —
Scope of Services attached hereto.
3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in ❑ Other
Exhibit/Attachment:
3.410 The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the
Price Methodology selected in 4.1.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. 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".
4.1 Price Methodology (as selected below):
❑ Lump Sum (rixcd Price): A firm fixed total price offering for a project; the risks arc
transferred from the County to the contractor; and, as a busincsc practice there arc 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 County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and company (or subcontractor) timekeeping
or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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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 "lathes"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4.5 [ (check if applicable) Travel and Reimbursable Expenses: Travel and
advance in writing by the County. Travel
per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.44.5 per mile
L et $6.00
▪ h $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
claw faro
Rental car Actual rental cost limited to compact or
standard size vehicles
Lodging Actual cost of lodging at single occupancy rate
with a cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following: telephone
long distance charges, fax charges, photocopying charges and postage. Reimbursable
items will be paid only after Contractor has provided all receipts. Contractor shall be
responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
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 # 85-8015966531C.
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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: McFarlane's Construction, Inc.
Address: 940 County Club Blvd,
Cape Coral,FL 33990
Authorized Agent: Dawn Barker
Attention Name & Title: Contract Administrator
Telephone: 239-322-4511
E-Mail(s): dawn@tropicalfence.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: James Hanrahan
Division Name: Parks and Recreation Division
Address: 15000 Livingston Rd,
Naples, FL
Administrative Agent/PM: Brooke Roxberry
Telephone: 239-252-1109
E-Mail(s): Brooke.Roxberry@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.
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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 or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ❑■ Commercial General Liability: Coverage shall have minimum limits of
$1,000,000.00 Per Occurrence, $2,000,000.00 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. ❑■ Business Auto Liability: Coverage shall have minimum limits of$ t,o0o,000.00
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$ t,000,000.00 for each accident.
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D. I- Professional Liaililityj ,Shall be maintained by the Contractor to ensure its legal
lia a'ris♦ng out of the performonoo of professional nd th
Agreement. Contractor waives its right of recovery against County as to any claims under
this insurance. Such insurance shall have 1i is of not less than $ each
claim and aggregate.
E. ❑yber Liabilitjj Coverage-shall-have minimum limits of$ per claim.
n : Coverage
shall have minimum limits of$ per claim.
C. ❑ : Coverage
shall have minimum limits of$ per claim.
H. ❑ : Coverage
shall have minimum limits of$ per claim.
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.
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
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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.
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, ❑ RFP/❑■ ITB/❑ Othcr
#25-8361 , including Exhibits, Attachments and Addenda/Addendum,
quotes, and ❑■ Other Exhibit/Attachment: Federal Contract Provisions and Assurances
17. APPLICABILITY. Sections corresponding to any checked box ( ) 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,
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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, as well as the requirements set forth in Florida Statutes, §448.095; 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, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c_colliercountvfl.gov
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
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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. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County'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 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, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. ❑■ 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
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site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. 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.
25. n 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.
26. • 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.
27. ■ 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
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to replace such loss or damage shall be deducted from any amounts due to
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.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County 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 estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. 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.
31. 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.
32. 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.
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33. 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.
34.
this project sha„ be knowlod abl th f expertise. The County reserves the
�.n IVYY
dates. The Contractor shall net cage Key Personnel unlc s the following conditions arc
met: (1) Proposed replacements have substantially the same or better qualifications
personnel.
❑■ 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.
35. —I-ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
ICI 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.
36. 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
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assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. 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(c�colliercountvfl.gov) 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.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
38. ❑■ 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
Page 13 of 18
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
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
Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA
Court and Comptroller
B 4a)tt,cf-t' c.t: Z_ By: , �G4'"'"' '"
y ‘, "e, : ." Attest as to Chairman's B L. aunders , Chairman
Dated: 1 l,l
T _t _" 7 G�,.. signature only
� •
(SEAL),
10-1
Contractor's Witnesses: McFarlane's Construction, Inc.
Contractor
•
By: r.
tr tor's irs itness t Signature
1 NA SO -1C rarl Prest'cEn-f-
UOn TType/print signature and title I
TType/print witness name
Contractor's Second Witness
TType/print witness nameT
Approved as to Form and Legality:
r%Ct � LD
Assistant County Attorney
Courtney L.DaSilva
Print Name M212C
Page 14 of 18
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
Exhibit A
Scope of Services
❑■ following this page (pages through 3 )
❑ this exhibit is not applicable
Page 15 of 18
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
Exhibit A- Scope of Services
#25-8461 "Fencing Installation and Repair Services
for Collier County GRANT FUNDED"
This agreement is to be awarded as follows:
Primary—Atlas Door&Gate Inc.dba Quality Construction
Secondary—MacFarlane's Construction Inc.
1) General Maintenance:
a) Contractor will furnish all labor,equipment,and tools required for the installation and repair of fencing and
gates.
b) Unit prices shall be all-inclusive of labor,overhead,travel-related expenses,equipment,etc.
2) Work Hours:
a) The standard work week shall be considered Monday through Friday from 7:00 AM to 4:00 PM,excluding
County designated holidays.
b) Work shall normally be scheduled to commence during standard work hours; however, if permission is
granted by the Project Manager, work can be accomplished during hours other than those detailed as the
standard work week.
c) Urgent work if requested will require the Contractor to be onsite within eight(8)hours of the request. All
hours worked in response to an urgent work request will be paid at 1.5 times the standard hourly rate for
labor.
3) Protection of Work Area:
a) The contractor shall be responsible for providing barricades or lights to protect the public prior to the
installation and/or removal of assigned fencing projects and shall remain until the work is completed.
b) The contractor shall carefully protect from disturbances all survey monuments, stakes, and benchmarks,
whether or not established by him, or shall not remove nor destroy any surveying point unit it has been
properly witnessed or other disposed of by the County.
c) The contractor shall repair or correct any damage caused to underground and/or overhead utilities in the
installation and/or repair of fencing,at no additional costs to the County.
d) When removing fencing and not installing replacement fencing,the Contractor shall provide material and
labor to backfill the excavation hole to a level even with the surrounding grade lines.
e) The contractor shall haul and dispose of all debris or fill developed, as a result of the removal, installation,
or repair.
4) Utility Locating:
Prior to starting any job,the Contractor shall familiarize itself with the location of all existing utilities and facilities
within the work sites. As per the "Underground Facility Damage Prevention and Safety Act", Chapter 556,
Florida Statutes, the contractor shall contact Sunshine State One Call of Florida before any excavation. The
contractor shall notify the County Project Manager of the intent to excavate forty-eight(48)hours in advance of
work commencing.
5) Permits/Licenses:
The Contractor shall obtain and maintain all required permits and/or licenses necessary for the prosecution
of the work prior to the start of construction. The Contractor must use a qualified engineer or company
representative (with all related licenses and certifications being current and in full force and applicable
jurisdiction) with the experience and ability to obtain all permits required for any and all repairs, when
necessary and applicable. The County will pay directly for any permitting fees incurred.
The contractor is required to maintain one of the following licenses throughout the entirety of the contract:
a) State Licensed or Local Licensed General Contractor
b) State Licensed or Local Licensed Building Contractor
c) Local Licensed Fence Erection Contractor
Page 1 of 3
Exhibit A—Scope of Services
�O
,G
6) Installation:
a) Installation shall follow all requirements and instruction of the applicable manufacturer.
b) The contractor shall visit job sites and be responsible for all field measurements and be aware of site
conditions.
c) Installation shall be done in a neat and professional manner.The fence shall follow the natural contour of the
ground(no gaps under fence)in a straight line from one point to another unless otherwise requested by the
County.
d) Fence posts shall be plumb, and the top rails shall be attached in manner that forms a smooth horizontal
alignment.
e) There shall be a minimum distance of three feet between fence and any air conditioner equipment,gas meter,
transformers,or other electrical equipment.
7) Maintenance of Traffic:
For all work that is conducted within the Collier County Right of Way,the contractor shall provide,and erect
Traffic Control Devices as prescribed in the current edition of the Manual on Uniform Traffic Control
Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of
Transportation's Design Standards on state roadways. These sites will also comply with Collier County's
Maintenance of Traffic Policy,#5807,incorporated herein by reference.
8) Specialty Fencing:
a) Specialty fencing materials for new applications or to repair or replace fencing may be needed. These
specialty fencing materials may include, but are not limited to plastic, polyvinyl chloride (PVC), wood,
wrought iron,and aluminum. The Contractor shall invoice the County on a time and material basis for work
on these fences.
b) Should the contractor need to hire a subcontractor,the charges may be invoiced at cost plus a 10%markup.
A copy of the subcontractor's invoice shall be required with the contractor's invoice.Subcontractors'hourly
rate may not exceed the contractor's hourly rate listed in the bid schedule.
c) Division to request quote for specialty fencing prior to issuance of Purchase Order.
9) Warranty:
The contractor shall guarantee the entire installed system is free of defects in workmanship and materials for a
period of one year from the date of acceptance by the County. The contractor shall repair or replace,at no cost
to the County, any defects or malfunctions noted during the warranty period for no additional charge to the
County.
10) Product Specifications:
a) Fencing:Shall be chain link type hot dipped galvanized No.9 steel wire to withstand a 1,390-pound breaking
load. Fabric wire shall be hot dipped zinc coated(after weaving)of not less than 1.2 ounces per square foot
of actual wire surface. The mesh size of the fabric shall be two inches.
b) Line Posts: Shall be hot dipped galvanized steel Schedule 40 with a zine coating of not less than 1.2 ounces
per square foot. SS40 pipe is not acceptable.Posts shall be 1.9 inches O.D.(outside diameter)at 1.72 pounds
per linear foot,not to exceed ten feet on center for fence up to six feet in height. Fence over six feet in height
shall be a line post O.D.of 2.375"minimum.
c) Corner and Terminal Posts: Shall be hot dipped galvanized steel Schedule 40 with zine coating of not less
than 1.2 ounces per square foot surface. Posts shall be 2.375 inches O.D. at 3.65 ounces per linear foot for
fence up to six feet in height. Fence over six feet in height shall have a corner and terminal post O.D. of
2.375"minimum.
d) Post settings: All fences shall be set in concrete with no filler added. Concrete holding each post shall be
crowned away post to shed water. Post embedment is minimum depth and shall be measured from bottom
end of post to ground level.Loops caps shall be of galvanized pressed steel.
e) Concrete:All concrete shall have 2,500-pound compressive strength.
f) Top Rail: Shall be of Schedule 40 hot dipped galvanized steel and shall be 1.66 inches O.D.at 2.27 pounds
per linear foot,averaging not less than 21-foot lengths and joined with pressed steel sleeves(hot galvanized),
providing a rigid connection but allowing expansion and contraction.
g) Braces: All corner,terminal,and gate posts shall be braced 1.66 inches O.D.pipe at 2.27 pounds per linear
foot and trussed with 3/8"truss rods.
Page 2 of 3
Exhibit A—Scope of Services
h) Gate Posts:Shall be Schedule 40 hot dipped galvanized steel. Posts for a swing with up to six feet maximum
panel width shall be 3.0 inches O.D.at 5.79 pounds per linear foot for fence heights up to six feet.
i) Gate Frames:Shall be two inches O.D.at 2.717 pounds per linear foot,rigidly welded at corners and internal
joints to make one solid unit. Frames shall be internally braced with galvanized tubular steel of the
appropriate size. All gates shall have standard locking devices.
j) Fabric Ties: Shall be a minimum of aluminum No.6 gauge(except for backstops that shall be steel),located
at intervals of one foot of length of line or terminal post and six per 10 feet of top rail.
k) Stretcher Bars: Shall be %",3/16", or'/4"flat, hot dipped galvanized steel or equivalent, shall be used at
terminal posts and secured to same with suitable stretcher bar bands at 24"on center mix.
1) Tension Wire: Shall be No.7 gauge coil spring wire installed between fence fabric and posts and hog ringed
to fabric at not more than 24"intervals.
m) Miscellaneous Fittings: All fittings entering the fence necessary to make a complete installation shall be
pressed steel and/or malleable steel;all ferrous material shall be thoroughly galvanized by the hot dip method.
n) Paint: When required the Contractor shall wire brush rusted areas,apply primer,and apply two(2)coats of
zinc-based paint.
o) Barbed Wire: Barbed wire shall be a 2 strand 12—%2 gauge zine-coated wire with 4-point barbs and shall
conform to the requirements of ASTM A-121,Class 3,chain link fence grade.
p) Razor Wire: Two strand razor wire shall be 12%2 gage steel wire, 14 gage 4-point steel barbs spaced 5 inches
on center.
12) Demolition and Removal of Existing Complete Fencing:
a) Demolition and removal of existing fencing includes the removal of fencing and related materials from the
work site.
• The awarded Contractor will be required to dispose of all fencing material in accordance with all
applicable,rules,regulations,ordinances,and laws governing the disposal of fencing material
Page 3 of 3
Exhibit A—Scope of Services
Exhibit B
Fee Schedule
following this page (pages 1 through 5 )
Page 16 of 18
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
Exhibit B - Fee Schedule
# 25-8361 "Fencing Installation and Repair Services for Collier
County GRANT FUNDED"
Secondary Vendor: McFarlane's Construction, Inc. dba Eagle Fence
GALVANIZED CHAIN LINK FENCE
INSTALLATION OF LINE POSTS WITH CAPS
ITEM NO. FENCE SIZE UNIT UNIT PRICE
1 4 feet EA $ 60.00
2 6 feet EA $ 72.00
3 8 feet EA $ 90.00
4 10 feet EA $ 110.00
INSTALLATION OF CORNER TERMINAL OR PULL POST WITH CAPS & FITTINGS
ITEM NO. FENCE SIZE UNIT UNIT PRICE
5 4 feet EA $ 80.00
6 6 feet EA $ 100.00
7 8 feet EA $ 126.00
8 10 feet EA $ 145.00
INSTALLATION OF BRACE ASSEMBLY
ITEM NO. FENCE SIZE UNIT UNIT PRICE
9 4 feet EA $ 45.00
10 6 feet EA $ 45.00
11 8 feet EA $ 65.00
12 10 feet EA $ 65.00
INSTALLATION OF FENCING INCLUDING TOP RAIL TENSION WIRE, TIES, ETC.
ITEM NO. FENCE SIZE UNIT UNIT PRICE
13 4 feet LF $ 20.00
14 6 feet LF $ 22.00
15 8 feet LF $ 30.00
16 10 feet LF $ 45.00
REMOVAL/REINSTALL OF FENCE FABRICE & LEGAL DISPOSAL OF OLD MATERIAL
ITEM NO. FENCE SIZE UNIT UNIT PRICE
17 4 feet LF $ 13.00
18 6 feet LF $ 16.00
19 8 feet LF $ 22.00
20 10 feet LF $ 36.00
REMOVAL OF FENCE POSTS
ITEM NO. FENCE SIZE UNIT UNIT PRICE
21 4 feet EA $ 10.00
22 6 feet EA $ 12.00
23 8 feet EA $ 14.00
24 10 feet EA $ 16.00
CAO
INSTALLATION OF BOTTOM RAIL
ITEM NO. FENCE SIZE UNIT UNIT PRICE
25 4 feet EA $ 8.00
26 6 feet EA $ 8.00
27 8 feet EA $ 8.00
28 10 feet EA $ 8.00
DEMOLITION & REMOVAL OF EXISTING COMPLETE FENCING
ITEM NO. FENCE SIZE UNIT UNIT PRICE
29 4 feet LF $ 3.00
30 6 feet LF $ 3.00
31 8 feet LF $ 4.00
32 10 feet LF $ 5.00
INSTALLATION OF GALVANIZED GATING 4FT HIGH
ITEM NO. GATE SIZE UNIT UNIT PRICE
33 Single Gate 4'Wide,4"High EA $ 200.00
34 Double Gate 8'Wide,4"High EA $ 400.00
35 Double Gate 12'Wide,4"High EA $ 600.00
36 Double Gate. Hinged, 16'Wide 4'High EA $ 800.00
INSTALLATION OF GALVANIZED GATING 6FT HIGH
ITEM NO. GATE SIZE UNIT UNIT PRICE
37 Single Gate 4'Wide,6'High EA $ 250.00
38 Double Gate 8'Wide,6'High EA $ 650.00
39 Double Gate 12'Wide,6'High EA $ 1,000.00
40 Double Gate 24'Wide,6'High EA $ 1,800.00
41 Double Gate 36'Wide, 6'High EA $ 3,600.00
42 Double Gate, Hinged, 16'Wide,6'High EA $ 1,600.00
INSTALLATION OF GALVANIZED GATING 8FT HIGH
ITEM NO. GATE SIZE UNIT UNIT PRICE
43 Single Gate 4'Wide, 8'High EA $ 400.00
44 Double Gate 8'Wide,8'High EA $ 800.00
45 Double Gate 12'Wide, 8'High EA $ 1,200.00
46 Double Gate 24'Wide, 8' High EA $ 2,400.00
47 Double Gate 36'Wide, 8'High EA $ 3,600.00
48 Double Gate, Hinged, 16'Wide,8'High EA $ 1,600.00
S
GALVANIZED VINYL CLAD CHAIN LINK FENCE
INSTALLATION OF LINE POSTS WITH CAPS
ITEM NO. FENCE SIZE UNIT UNIT PRICE
49 4 feet EA $ 60.00
50 6 feet EA $ 72.00
51 8 feet EA $ 90.00
52 10 feet EA $ 110.00
INSTALLATION OF CORNER TERMINAL OR PULL POST WITH CAPS & FITTINGS
ITEM NO. FENCE SIZE UNIT UNIT PRICE
53 4 feet EA $ 80.00
54 6 feet EA $ 100.00
55 8 feet EA $ 126.00
56 10 feet EA $ 145.00
INSTALLATION OF BRACE ASSEMBLY
ITEM NO. FENCE SIZE UNIT UNIT PRICE
57 4 feet EA $ 45.00
58 6 feet EA $ 45.00
59 8 feet EA $ 65.00
60 10 feet EA $ 65.00
INSTALLATION OF FENCING INCLUDING TOP RAIL TENSION WIRE, TIES, ETC.
ITEM NO. FENCE SIZE UNIT UNIT PRICE
61 4 feet LF $ 20.00
62 6 feet LF $ 22.00
63 8 feet LF $ 30.00
64 10 feet LF $ 45.00
REMOVAL/REINSTALL OF FENCE FABRICE & LEGAL DISPOSAL OF OLD MATERIAL
ITEM NO. FENCE SIZE UNIT UNIT PRICE
65 4 feet LF $ 13.00
66 6 feet LF $ 16.00
67 8 feet LF $ 22.00
68 10 feet LF $ 36.00
REMOVAL OF FENCE POSTS
ITEM NO. FENCE SIZE UNIT UNIT PRICE
69 _ 4 feet EA $ 10.00
70 6 feet EA $ 12.00
71 8 feet EA $ 14.00
72 10 feet EA $ 16.00
INSTALLATION OF BOTTOM RAIL
ITEM NO. FENCE SIZE UNIT UNIT PRICE
73 4 feet EA $ 8.00
74 6 feet EA $ 8.00
75 8 feet EA $ 8.00
76 10 feet EA $ 8.00
DEMOLITION & REMOVAL OF EXISTING COMPLETE FENCING
ITEM NO. FENCE SIZE UNIT UNIT PRICE
77 4 feet LF $ 3.00
78 6 feet LF $ 3.00
79 8 feet LF $ 4.00
80 10 feet LF $ 5.00
INSTALLATION OF GALVANIZED VINYL CLAD GATING 4FT HIGH
ITEM NO. GATE SIZE UNIT UNIT PRICE
81 Single Gate 4'Wide,4"High EA $ 200.00
82 Double Gate 8'Wide,4"High EA $ 400.00
83 Double Gate 12'Wide,4"High EA $ 600.00
84 Double Gate, Hinged, 16'Wide 4'High EA $ 800.00
INSTALLATION OF GALVANIZED VINYL CLAD GATING 6FT HIGH
ITEM NO. GATE SIZE UNIT UNIT PRICE
85 Single Gate 4'Wide,6'High EA $ 250.00
86 Double Gate 8'Wide,6' High EA $ 650.00
87 Double Gate 12'Wide,6'High EA $ 1,000.00
88 Double Gate 24'Wide,6'High EA $ 1,800.00
89 Double Gate 36'Wide,6'High EA $ 3,600.00
90 Double Gate, Hinged, 16'Wide,6'High EA $ 1,600.00
INSTALLATION OF GALVANIZED VINYL CLAD GATING 8FT HIGH
ITEM NO. GATE SIZE UNIT UNIT PRICE
91 Single Gate 4'Wide, 8'High Each $ 400.00
92 Double Gate 8'Wide, 8'High Each $ 800.00
93 Double Gate 12'Wide, 8'High Each $ 1,200.00
94 Double Gate 24'Wide, 8'High Each $ 2,400.00
95 Double Gate 36'Wide,8'High Each $ 3,600.00
96 Double Gate, Hinged, 16'Wide,8'High Each $ 1,600.00
BARBED OR RAZOR WIRE INSTALLATION
ITEM NO. TASK UNIT UNIT PRICE
97 Installation of barbed wire on existing or new LF $ 6.00
fence.
98 Installation of razor wire on existing or new LF $ 15.00
fence.
C90
6' HIGH TEMPORARY FENCING
ITEM NO. TASK UNIT UNIT PRICE
99 Cost per linear foot to install or remove(includes LF $ 8.00
shipping costs)
100 Cost per linear foot to rent per day LF $ 8.00
101 Cost per linear foot to rent for week LF $ 8.00
102 Cost per linear foot to rent per month LF $ 8.00
CLEAR TREES/VEGETATION OF FENCE LINE
ITEM NO. TASK UNIT UNIT PRICE
103 Cost per linear foot LF $ 50.00
REPAIRS TO EXISTING FENCING
ITEM NO. TASK UNIT HOURLY RATE
Labor per man hour for the scheduled repair of
104 existing fencing Regular Work Hours(Monday Hour $ 110.00
through Friday 7:00 a.m.to 4:00 p.m.)
SPECIALTY FENCING
ITEM NO. TASK UNIT HOURLY RATE
Labor per man hour for the replacement or
106 installation of specialty fencing Regular Work Hour $ 110.00
Hours(Monday through Friday 7:00 a.m.to 4:00
p.m.)
SET UP OF MOT (MAINTENANCE OF TRAFFIC)
ITEM NO. TASK UNIT UNIT PRICE
108 Set Up of MOT(Maintenance of Traffic) EA $ 125.00
*For Time&Material work, up to 10 percent markup is authorized to purchase parts and
materials.The Contractor shall provide receipts with the invoice for reimbursement for
parts and materials exceeding$500.00.
**Urgent Repairs to be paid at 1.5 times the standard hourly rate for labor
e
Exhibit C
Affidavit Regarding Labor and Services
following this page
Page 17 of 18
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
CAO
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed,or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of pe►jury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of pe►jury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes.
Nongovernmental Entity's Name: McFarlane's Construction, Inc.dba Eagle Fence
Address: 940 Country Club Blvd. Cape Coral, FL 33990
Phone Number: 239-322-4511
Authorized Representative's Name: Dawn Barker
Authorized Representative's Title: Commercial Contract Administrator
Email Address: dawn@tropicalfence.com
I, Dawn Barker (Name of Authorized Representative), as authorized representative attest under
penalty of perjury that 5McFarlane's Construction, Inc.dba Eagle Fence(Name of Nongovernmental Entity) does not: (1) use
coercion for labor or services as defined in §787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity,and (c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
Under penalty of jury I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
9/5/25
ignatuce of authgxiied r presentative) Date
STATE OF FL
COUNTY OF LEE
Sworn to(or affirmed)and subscribed before me,by means of M physical presence or 0 online notarization this
5th day of Sept ,20 25 ,by Dawn Rarkar (Name of Affiant),who produced his Florida Driver's License as
identification.
Notary Public
r�.0,�•YP:;a,¢ NICOLE WHITE
/ /! tC/ * '(_) * Commission#HH 214050
Expires
Commission Ex i "� '
p y�FOF
t, Expires January 8,2026
Personally Known,J OR Produced Identification 0
Type of Identification Produced:
Other Exhibit/Attachment
Description: Federal Contract Provisions and Assurances
❑■ following this page (pages 1 through 13
❑ this exhibit is not applicable
Page 18 of 18
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is
an entity that receives a Contract/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 County 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 all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
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
0 FEMA Public Assistance Program and Policy Guide
EXHIBIT I-1
5/25
,p,O
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Access to Records: 1)The contractor agrees to provide the County,the Florida Department of Emergency
Management, 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. (4) In compliance with section 1225 of the
Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in
this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Buy Clean: The County encourages the use of environmentally friendly construction practices in the
performance of this Agreement. In particular, the County encourages that the performance of this
agreement includes considering the use of low-carbon materials which have substantially lower levels of
embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal,
as compared to estimated industry averages of similar materials or products as demonstrated by their
environmental product declaration.
Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be necessary,
allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of
work, and otherwise allowable.
DHS Seal, Logo, and Flags: The County must obtain written permission from Department of Homeland
Security prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency
officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials. 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.
Domestic Preference for Procurements: The Contractor should, to the greatest extent practicable and
consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement,
and other manufactured products.
For purposes of this section: "Produced in the United States" means, for iron and steel products, that all
manufacturing processes,from the initial melting stage through the application of coatings, occurred in the
United States.
Build America, Buy America Act (BABAA): FEMA Public Assistance Funding is not subject to Buy
America preference pursuant the following guidance: Programs and Definitions. Build America, Buy
America Act I FEMA.gov
License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract, the Contractor will identify such data
and grant to the County or acquires on its behalf a license of the same scope as for data first produced in
the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography,pictures or images,graphics,sculptures,videos, motion pictures or other audiovisual works,
sound and/or video recordings,and architectural works. Upon or before the completion of this contract,the
Contractor will deliver to the County data first produced in the performance of this contract and data
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required by the contract but not first produced in the performance of this contract in formats acceptable by
the County.
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.
Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this
clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services;
interconnection arrangements; roaming; substantial or essential component; and telecommunications
equipment or services have the meaning as defined in FEMA Policy,#405-143-1 Prohibitions on Expending
FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L.
No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020,
from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology
of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of
a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications
equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: a. Are not used as a substantial or essential component
of any system; and b. Are not used as critical technology of any system. (ii). Other telecommunications
equipment or services that are not considered covered telecommunications equipment or services.
(3) Reporting requirement.
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(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i)
Within one business day from the date of such identification or notification: The contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
number, manufacturer part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation
actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and any additional efforts
that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in
all subcontracts and other contractual instruments.
Providing Good, Safe Job to Workers: Pursuant to FEMA Information Bulletin No. 520, the contractor
will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality
of work, the contractor commits to strong labor standards and protections for the project workforce by
creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment
laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and
safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest
extent practicable.
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding
Socioeconomic Contracting: The Contractor is encouraged to take all necessary steps identified in 2
C.F.R. § 200.321(b)(1)-(5) to ensure small businesses, minority businesses, women's business
enterprises,veteran owned businesses, and labor surplus area firms are considered when possible. Such
consideration means: (1) These business types are included on solicitation lists; (2) These business types
are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement
transactions into separate procurements to permit maximum participation by these business types; (4)
Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date
of each month) that encourage participation by these business types; (5) Utilizing organizations such as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and (6) Requiring a contractor under a Federal award to apply this section to subcontracts.
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
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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.
Contractors must skin and submit a debarment certification to the County with each bid or offer. See
Certifications and Assurances and the end of this document.
Procurement of Recovered Materials (§200.323) (Over$10,000): 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—a) Competitively within a timeframe providing
for compliance with the contract performance schedule; b) Meeting contract performance requirements; or
c)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline(CPG)Program I US
EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or
use products and services that can be reused, refurbished, or recycled; contain recycled content, are
biobased, or are energy and water efficient; and are sustainable.
Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract
Terms and Conditions
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who
apply or bid for an award of more than$100,000 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 County who in turn will forward the certification(s)to the
federal agency.
Contractors must sign and submit a lobbying certification to the County with each bid or offer exceeding
$100,000. See Certifications and Assurances and the end of this document.
Contract Work Hours and Safety Standards Act (CWHSSA) (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).
Compliance with the Contract Work Hours and Safety Standards Act.
(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 (b)(1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
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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
watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section,
in the sum of $32 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 (b)(1).
(3)Withholding for unpaid wages and liquidated damages—
(i) Withholding Process. The County may, upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary
relief, including interest; and liquidated damages required by the clauses set forth in this paragraph
(b)on this contract,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 that is held by the
same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the
contractor under this contract, any other federal contract with the same prime contractor, or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was awarded
or assisted by the same agency, and such funds may be used to satisfy the contractor liability for
which the funds were withheld.
(ii) (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in
accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds
by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D)A contractors assignee(s);
(E)A contractor's successor(s); or
(F)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the
event of any violations of these clauses,the prime contractor, and any subcontractor(s) responsible will be
liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or
loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be
subject to debarment, as appropriate.
(5)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate,threaten, restrain, coerce,
blacklist,harass,or in any other manner discriminate against, or to cause any person to discharge, demote,
intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any
worker or job applicant for:
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(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation
of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations
in this part;
(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this
part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under
CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part."
Further Compliance with the Contract Work Hours and Safety Standards Act.
(1)The contractor or subcontractor must maintain regular payrolls and other basic records during the course
of the work and must preserve them for a period of three years after all the work on the prime contract is
completed for all laborers and mechanics, including guards and watchpersons, working on the contract.
Such records must contain the name; last known address, telephone number, and email address; and
social security number of each such worker; each worker's correct classification(s) of work performed;
hourly rates of wages paid; daily and weekly number of hours actually worked;deductions made; and actual
wages paid.
(2) Records to be maintained under this provision must be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the Department of
Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the
contractor or subcontractor will permit such representatives to interview workers during working hours on
the job."
Clean Air 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 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. 3. 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.
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 Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. 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. 3. 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.
Administrative, Contractual, or Legal Remedies (over $250,000): 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.
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Construction Activities
This provision is applicable to all federally assisted construction contracts, as that term is defined at 41
C.F.R. § 60-1.3. To the extent this Agreement meets this definition, 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:
1) 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 setting forth the provisions of this nondiscrimination
clause.
2) 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.
3) 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.
4) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
5) The Contractor will comply with the rules, regulations, and relevant orders of the Secretary of Labor.
6) The Contractor will furnish all information and reports required by rules, regulations, and orders of the
Secretary of Labor, and will permit access to its books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
7) In the event of the Contractor's noncompliance with the nondiscrimination clauses this Agreement or
with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with authorized procedures, and
such other sanctions may be imposed and remedies invoked as by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the above applicable provisions in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action with respect
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to any subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may
request the United States to enter into such litigation to protect the interests of the United States.
9) The County further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work: Provided,
that if the City is a state or local government, the above equal opportunity clause is not applicable to
any agency, instrumentality or subdivision of such government which does not participate in work on
or under the contract.
10) The County agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for
the supervision of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
11) The County further agrees that it will refrain from entering into any contract or contract modification
with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to any applicable Executive Order and will
carry out such sanctions and penalties for violation of any applicable clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor. In addition, the
County agrees that if it fails or refuses to comply with these undertakings, the administering agency
may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this
grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the
applicant under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the case to the
Department of Justice for appropriate legal proceedings.
Subcontracting Contractor acknowledges that if Contractor intends to enter into subcontracts for any
portion of the work under this Agreement, Contractor may take the affirmative steps described in 2 C.F.R.
§200.321 to ensure that small business firms, minority business firms, women's business enterprises, and
labor surplus area firms are solicited when possible, to the extent doing so is consistent with applicable
local, State, and Federal law.
Implementing the above provisions for new contracts should at least demonstrate that the County is trying
to comply with the ever-evolving rules and regulations, and as of now, we think this is enough. I'll make
sure I keep you updated on any other actions that might become necessary in the future.
Davis Bacon Act: Exempt under FEMA Public Assistance Funding
Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding
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Compliance with Federal Law, Regulations, And Executive Orders
and Acknowledgement of Federal Funding
Certification
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be available to the County for review and approval. The Contractor 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
County and the Grantor Agency 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
County may document in the quarterly report the Contractor's progress in performing its work under this
agreement.
On behalf of my firm, I acknowledge. the grant requirements identified in this document.
Vendor/Contractor Name McFarlane's Construction. Inc.d/b/a Eagle Fence
Date 6/2/2025
Authorized Signature
' C
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COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local)with commission of any of the offenses enumerated in paragraph (I)(b)of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal
Dawn Rarker
Name SAM.gov Unique Entity ID (UEI) Number
Contract Administrator
Title CAGE Number
McFarlane's Construction, Inc. d/b/a Eagle Fence
Firm
94f1 Country Cluh Rlvri Cape Coral Fl 33ft 1)
Street Address City, State, Zip
(Sr a re
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COLLIER COUNTY
ANTICIPATED DISADVANTAGED. MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status roll be.+rived Un•:er'abe statuses -equ rp--c Po f.1E:3 e"'.e.orp.de a re:sec statement or pronde sc urce o;Ku-nentation that.a idates a
status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
pr.imE NAME P:1•E FE G'.UR1?Ea CON':ACTCO.L.:F A6iOu','
McFarlane's Construction, Inc. 82-4661568
d/b/a Eaale Fence
T-IE S vE A...OF DA-CEFT f EG C SA .A:'AGE:
:T.'E�,:N N STHEAC'I.i''Of'MISCOhTP.ACT
Vi10a.T•GP;.O!:E'.BUS'.ESS ENTEFFFr.SET
Cif'.18E ..BE.OF HA,fASVALLDISAD.AhTAGED EE CONSTRUCTION O
BJS NESS bA CfRTIF CATO�FROM ME SMALL BUSINESS r'!.E CCMJSULT aTON r;
ADMI'.STSATOF' -SEE,CE L,T.ELE:i.PERA',' . !E- N CTI-EL' W
IS'M:%at.'CS)'. a N F 1E5.FE':-`.ON'.VMBEF 1
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
DIE MANSE SUBCONTRACTOR OR SUPPLIER TYPE OF WORt OP ETHNICITY CODE SUB/SUPPLIEP PERCENT OF CONTRACT
VETERAN. NAM£ SPECIALTY {See Be owl DOLLAR AMOUNT DOLLARS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMfTTEF DATE TITLE OF SUBMITTER
Dawn Barker 6/2/25 Contract Administrator
EMAIL ADDRESS Cir PRIME ISUBMrrTER, TELEPHONE NUMBER FAN NUMBER
dawn @tropicalfence.com 239-322-4511 None
NOTE Th•:rn'crcat on is useC to track ano report ant'ipated DBE cr MBE participation in federal.-funoerd contracts 'he antic.pated OBE or
r.IBE amount is.o untar.and a:II not become pal e'the conractua terms 'hit form must be subrnrtted at tine o'response tc a
so citation f arad..,hen awarded a fault',cAnt'at the crime be asked to update the inrormation'or the grant compiarace' e!
ETHNICITY CODE
£.ack A^'e-ican BA
hapanic A-4.-can
Native Ar moan NA
ubCVnt As'a'1 A^'e,can ....
:S:an-Pact Kc American APA
;.Omen N.
. r.•,.
Otrter not of any Wow group 1,3E00 r0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
!.; sEC ARAhrPPOGP:d.1'CD`.'F_C_
ACCEPTED BY' DATE
EXHIBIT I-12
5/25
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. Chap. 38,
Administrative Remedies for False Claims and Statements. apply to this certification and disclosure, if any.
McFarlane's Construction, Inc. d/b/a Eagle Fence
Contractor(Firm Name)
ig atu of o tr s Autho 'zed Official
Dawn Barker, Contract Administrator
Name and Title of Contractor's Authorized Official
6/2/25
Date
EXHIBIT I- 13
5/25
r ,