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Backup Documents 07/08/2014 Item #16E10 (BUE) ORIGINAL ROUTING � �� O , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNM.TVR O111, ,'VA x �, ,,,, `,.,,, ra ,r , • : Routed by Purchasing Department to Office Initials Date the Following Addressee(s)(In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office �/0 / 1, 6, 1. 5.1+ 3. BCC Office Board of County Commissioners /j/ $\v`Vi 4. Minutes and Records Clerk of Court's Office 1)AA eaftt(14 (Z:2 n 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Adam Northrup Phone Number 252-8375 Purchasing Staff July J2014 Contact and Date 03 Agenda Date Item was July 8,2014 Agenda Item Number 16.E.101/4/ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 14-6280 BUE d/b/a number if document is NumberNendor Name Gatekeepers to be recorded INSTRUCTIONS & CHECKLIST I Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not «rr appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed c u�y t� by the Office of the County Attorney. W`a 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. __ 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready fo the Chairman's signature. 16E10 MEMORANDUM Date: August 11, 2014 To: Diana De Leon, Contracts Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #14-6280 "Fencing Installation and Repair" Contractor: Bue, Inc. d/b/a Gatekeepers/Gateworks Attached is an one (1) copy of the contract referenced above, (Item #16E10) approved by the Board of County Commissioners on July 8, 2014. The original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16E10 AGREEMENT 14-6280 for Fencing Installation and Repair THIS AGREEMENT is made and entered into this day of jv,( , 2014, by and between the Board of County Commissioners for Collier County, Florida, a politidal subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and BUE, Inc., d/b/a Gatekeepers / Gateswork, authorized to do business in the State of Florida, whose business address is 1301 Rail Head Boulevard, Suite 5, Naples, FL 34110 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the Work upon date of Board award. The contract shall be for a one (1) year period or until such time as all outstanding services ("Work") requested prior to the expiration of the Agreement period have been completed to the satisfaction of the County. This contract shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: Each Contractor will enter into an Agreement to provide complete services for Fencing Installation and Repair on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #14-6280, Exhibit A, Scope of Work, and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Facilities Management Department, any County Department may use this contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: A. Process General Repair Work: Prior to the start of each individual job or group of jobs, the user department shall provide a description of Work to be performed to the Contractor. The Contractor shall have three (3) business days to respond that they are willing and able to complete the Work in the required time frame(s). Page -1- 0 16E10 • For all Work estimated to be less than $50,000 per order: the department may select one of the awarded Contractor(s); quote out the work among all awarded Contractor(s); or competitively solicit for new quotes. • For Work estimated to be greater than $50,000 per order and less than $200,000 per order: the department may quote out work among the awarded Contractor(s); or, may conduct a separate new solicitation. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. B. Process for Replacement and New Installation: Prior to the start of each individual job or group of jobs, the user department shall provide a description of Work to be performed to the Contractor. The Contractor shall have five (5) business days to respond that they are willing and able to complete the Work in the required time frame(s). • For all Work estimated to be less than $50,000 per order: the department may select one of the awarded Contractor(s); quote out the work among all awarded Contractor(s); or competitively solicit for new quotes. • For Work estimated to be greater than $50,000 per order and less than $200,000 per order: the department may quote out work among the awarded Contractor(s); , with Purchasing Department approval . In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. C. Process for Emergency Services: The County will contact the first available Contractor when emergency Work is to be performed. The Contractor shall provide a verbal quote and be on Work site within sixty (60) minutes for all locations in the Naples and Marco area. The response time for the lmmokalee and Everglades City area shall be within ninety(90) minutes. If the Contractor(s) cannot provide the requested services within the timeframe specified or an acceptable cost, the user department reserves its right to competitively solicit for new quotes. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in his response to ITB # 14-6280 - Fencing Installation and Repair per Exhibit B Price Schedule, attached herein and incorporated by reference or subsequent quotes. Any County Agency may utilize the services offered under Page -2- c� 16E10 this contract, provided sufficient funds are included in the budget(s). This contract will be purchase order driven. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: BUE, Inc., d/b/a Gatekeepers / Gateswork 1301 Rail Head Boulevard, Suite 5 Naples, FL 34110 Attention: Robert Unger, CEO Telephone: 239-254-0077 Fax: 239-254-0097 Email: bob @g8keepers.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and Page -3- \w:iJ 16E10 other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -4- , 16E10 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall Page -5- 16E10 be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 20. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 21. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 1);) Page -6- 16E10 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of all Collier County Departments. 25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #14-6280 - Fencing Installation and Repair, Exhibit A Scope of Work, Exhibit B Price Schedule, any addenda, etc, made or issued pursuant to this Agreement. 26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing Page -7- 16E10 business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 27. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 28. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 30. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 32. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the Page -8- 16E10 dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 35. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ********************************* Remainder of page intentionally left blank ******************************** Page -9- 16E10 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COU TY COMMISSIONERS ATTEST: COLLIER COUN , FLORIDA Dwight E.>Brock, Clerk.of Courts By i. _ ! P Tom Henning airman Dated: Ili. * Attest ast. ifi• signature only. BUE, Inc., d/b/a Gatekeepers / Gateswork Co acto f L By: , (,1 First Witness Signat e o--„m ■ •''ro ke b-e ■ 12b(0 CO- 7, Lips&e-ek- Typ- 'rint Witnes ► ame / Typed Signature c Secon:'fitness Title -) GL z �,rl`f'� ( Type/Print Witness Name Approved as to form and legality:9itat Natiyvi Assistant County Attorney . 7 Page -10- 16E10 EXHIBIT A Scope of Work 14-6280 — Fencing Installation and Repair The Contractor shall furnish all labor, materials, tools, equipment, and supervision for the installation and repair of fences and gates for all Collier County owned and leased properties on an "as needed" basis. Requirements for the repair, replacement and installation of all types of fencing, including; chain link security, wood, vinyl, ornamental, wrought iron, plastic, and various perimeter fencing systems include, but are not limited to the following: 1. Fence(s) shall be constructed, maintained and repaired in accordance with the industry standards. 2. Post(s) must be set in concrete and capped. 3. Fence(s) must include bottom tension wired railing. 4. Where overhead power lines are present, fence(s) must be grounded. 5. Corner bracing may be required. 6. Pedestrians and vehicles gates, motorized and non-motorized, may be required. 7. Provide for the proper removal and disposal of fence material according to County, State and Federal ordinances and laws, and in the most "environmentally" friendly manner. 8. Clearance area shall be at least 10' wide on each side of the fence. 9. Fence signage shall be reduced to the regulated minimum and securely attached to fence posts. 10.Gates shall be secured in closed position so as to eliminate any free movement. 11.Gates remaining open for extended time shall be secured in the open position. 12.Chain link shall be 6 — 9 gauge with 2 inch posts. 13.Chain-link fence recommended for optimal fiber-optic sensor performance shall have: a. Aluminum-oxide coated 9-gauge steel wire fabric, tensioned to 1000 lbs. b. Bottom rail with fabric twisted ends extending below it. c. No top rails. No intermediate-height rails in run sections. d. Reinforcement rails in brace sections installed at 3/4 height. e. Fabric attached to posts and rails using 9-gauge galvanized steel wire ties at least every 15". f. 7-gauge hardened galvanized steel tension wire installed 6" to 8" below the top of the fabric. g. Intermediate-height tension wire(s) recommended. Page -11- 16E10 h. Fabric attached to tension wire(s) using 12-gauge galvanized steel wires ties at least every 15". i. No aluminum wire ties and no hog rings. j. Welded barb wire outriggers. 14.Chain-link fence shall pass the following fabric tension test a. Apply 50 lbs force pushing on the fence fabric at the mid-point of the section. b. Apply 50 lbs force pulling on the fence fabric at the mid-point of the section. c. Total range of fabric deflection shall not exceed 4". d. The test shall be repeated for at least ten (10) representative locations and for all suspect fence sections. Further, the County requires Contractor to: 1. Maintain warehouse/distribution of fence inventory parts in the Collier and/or Lee County area. 2. Abide by all County safety standards. 3. Coordinate utility locate services prior to the start of any replacement or new installation of fence materials. 4. Provide for "re-work" service, in the event that the County's project manager determines the Work has not been performed to a satisfactory condition, the Contractor will return to the project site within seven (7) business days to correct the repair, provide replacement or new installation to the satisfaction of the County for no additional cost. 5. Provide for a material and labor warranty of one (1) year from the date of acceptance by the County's project manager. Page -12- �` 16E10 Exhibit B Price Schedule Contract 14-6280 — Fencing Installation and Repair Item# Position Title Hourly Rate 1 Supervisor $45.00 2 Helper $25.00 3 Gate Tech $45.00 Percentage Item# Description (in Decimal) Percentage markup on 4 Materials .25 The Contractor's hourly rate shall be on a portal-to-portal basis. Hourly rates are considered as "Regular Time" and defined as County business hours; Monday through Friday 7:30 AM to 5:00 PM. "After Hours" rates shall be "time and a half" (1.5 times regular time hourly rate) and applies to Monday — Friday 5:01 PM to 7:29 AM, all day Saturday and all day Sunday. The "After Hours" rate shall only be charged for time actually worked during the "After Hours" period. Page -13- lul 23 1412:18p Weems Insurance of Naples 239-775-8576 16E p 0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlWYY) 07123/2014 THIS CERTIFICATE IS ISSUED AS A(MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIF. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE( ' REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject tc the tern's and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Susan Weems Weems Insurance of Naples,Inc AJC NM1F.q(239)775-8705 I .pro):(239)775-8576 2661 South Airport Road Suite B105 ADMRAIL - susantweemsinsur ance.comcastbiz.net INSURER'S)AFFORDING COVERAGE NAIL N Naples FL 34112 INSURER Al Underwriters at Lloyds INSURED -1NSuBER s: Progressive Express Ins Co Gatekeepers,Inc d/b/a BUE Inc dlbla Gateswork INSURER C: 1330 Railhead Blvd,5 INSURER D; INSURER E Naples FL 34110 INSURER F: COVERAGES CERTIHCA I t NUNttStK: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFI CATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL MI SR POLICY NUMBER IMOLDDY EFF POLICY EXP LTR INSR 'AND_ (YYYY1 (MMIDD1YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY PRF,MlsFR iFA nrr„vanrY) $100,000 CLAIMS-MADE X occuR j X AMTE029995 10117/13 10117114 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEM_AGGREGATE LIMIT APPLIES PER I PRODUCTS-COMP/OP AGG $1,000,000 X 1 POLICY o- _ LOC I f $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT E 100,000 B ANY AUTO BODILY INJURY(Per person) $ ALL DWNED x SCH'ED'JLE_D 08017257-2 05/27/14 05127115 BODILY INJURY IPer accident) S AUTOS —_ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS I (PPr -rI(ant) $ UMBRELLA LIAB OCCUR ] EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE) AGGREGATE $ OED I RETENTION$ _ $ WORKERS COMIPENSATION I WC STATJ- AND EMPLOYERS'EMPLOYERS'LIABILITY Yl N TQR[-L1LLQS i FR ANY PROPRIETCWPARTNEWEXECUTIVf1 N(A E.L.EACH ACCIDENT $ ()FRCERiMEMBER EXCLUDED7 I (ManaIory ii 1543 E.L DISEASE-EA EMPLOYEE S K yes,describe ulcer DESCRIPTION OF OPERATIONS belcw I E.L_DISEASE-POUCY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (Attach ACORD I D1,Addltlonel Remarks Schedule,H more spec Is required) Faxed to: 239-252-6597 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS STHE HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI EXPIRATION DATE THEREOF, NOCE WILL BE DELIVERED II 3301 TAMIAMI TRAIL EAST ACCORDANCE WITp POLICY POCY PROVISIONS. NAPLES,FL 34112 AUTH•- ED E {,{ TIVE ®198:4 2010 ACORD CORPORATION. All rights reserve ACORD 25(2010/05) The ACORD name and logo are regitered marks of ACORD DATE(MM/DD/YYYY) ACORD Certificate of Liability Insurance 6/19/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Contact Name Progressive Employer Insurance Agency, Inc. PHONE 888-925-2990 FAX (A/C.No.EM): (NC.(A/C.No.): 6407 Parkland Drive E-MAIL Sarasota,FL 34243 ADDRESS certs@progressiveemployer.Corn INSURER(S)AFFORDING COVERAGE NAIC# Insurer A:Guarantee Insurance Company 11398 INSURED Insurer A:Safety National(A) Progressive Employer Management Company, Inc. Insurer A:Arch Re U.S.(A+) 6407 Parkland Drive Insurer A:Alterra Bermuda(A) Sarasota,FL 34243 Insurer E: Insurer F: COVERAGES CERTIFICATE NUMBER: 0000064978 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBF POLICY NUMBER POLICY EFF POLICY EXP LIMITS VV VD TR INS VD (MM/DDNYYYI IMWDDWYY) GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ ICLAIMS MADE DOCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY in PRO' nLOC AUTOMOBILE LIABILITY COMBINED SINLGE LIMIT (Fa acnidentl ANY AUTO BODILY INJURY(Per person) $ -ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS - AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS - AUTOS (PerareNrntl $ UMBRELLA LIAB _]OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED , JRETENTIONS $ A WORKERS'COMPENSATION WCP500000301GIC 09/29/2013 09/29/2014 X I TDRV TAM TS I 'OFR $ AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (MANDATORY IN NH) E.L.DISEASE-EA ACCIDENT $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Coverage is extended to leased employees,but not subcontractors of BUE, Inc DBA Gatekeepers Location coverage effective date:02/062014 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Collier County THE POLICY PROVISIONS. Collier County Board of County Commissioners 3327 Tamiami Trail East AuthodzedRepresentatve Naples, FL 34112-4901 ©1988-2010 ACORU CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ;SFr'rirtow UNDER CAUTIONARY NOTE) 16 E 10 INSURED Policy Number: 4186816221 Effective Date: 02-09-14 ROBERT TAMES UNGER Expiration Date:08-09--14 3701 SUDBURY LN Registered State: FLORIDA BONITA SPGS. Ft 34,134-7539 To whom it may concern; This letter is to verify that we have issued the policyholder coverage under the above policy number for the dates indicated in the effec- tive and expiration dato fields for the vehicle listed. This should serve es prnof that the below mentioned vehicle meets or exceeds the financial responsibility requirement for your state. This verification of coverage does not amend,extend or alter the coverage afforded by this poliiy. Vehicle Year: 2006 Make: HUMMER Model: H3 VIIN:SGTON136568153615 COVERAGES Limrrs DEDUCTIBLES BODILY INJURY LIABILITY $500,000/$500,000 PROPERTY DAMAGE LIABILITY $10,000 PERSONAL INJURY PROTECTION BASIC NON-DED/INSD&REL UNINSURED MOTORIST/STACKED $10,000/S20,000 COMPREHENSIVE $500 DED COLLISION $1,000 DED x Lienholder Additional Insured I ittes eNte tl ['Arty 1pmnRnAN CHASF RANK NA P.O. BOX 901033 FORT WORTH. TX 76101 Additional Information: Tseiteri 07/24/2014 If you have any additional questions,please call 14100-841-3000. cm:Tramway NOTVA:THE uintersi COVER AGES,T./WM,AND nenvc-rreassmAvernere FROM THE COVER AGES,LIMITS,AND DIMUCTEMRS IN F.FEECT A I OTHER TIMES DURING lilt POLICY PERIOD.ITILS VERIFICATION OF COVERAGE REFLECTS THE COVERAGES,LIMITS AND DEDUCTIBLES AS OF TILE ISSUED DAIT OF THIS HOCUMEN1 WHICH IS SHOWN umarR-ADDMONALIMFORMATT01.4"OW'FAN ISSUED DATE IS NO I SHOWN,ors DATE OE THIS FACSIMILE. U-33 10-07