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Agenda 10/11/2016 Item #16E11 16.E.11 10/11/2016 EXECUTIVE SUMMARY Recommendation to authorize payment of outstanding invoices under quantum meruit for Contract#14-6280 Fencing Installation and Repair for projects to Carter Fence Company and BUE, Inc. d/b/a/Gatekeepers/Gateswork. OBJECTIVE: To authorize payment for outstanding invoices related to fencing work already completed. CONSIDERATIONS: On July 8, 2014,the Board approved Agenda Item 16 E10,the award of Contract #14-6280 Fencing Installation and Repair to Carter Fence Company and BUE, Inc., d/b/a/ Gatekeepers/Gateswork. In accordance with further Board direction provided at the regular meeting held March 22, 2016, Staff is bringing forward, under quantum meruit, certain outstanding invoices to be authorized for payment. Staff has affirmed work on the attached invoices has been completed in compliance with the specifications and requests the Board to accept the value of the work performed by the contractors. Both contractors have been asked for additional supporting documentation for the purchase of supplies associated with these orders by Board staff. BUE and Carter Fence Company indicated that no further documentation is available at this time;however,both suppliers and staff have certified that the work was performed in accordance with the hourly rate and material mark-up schedule included in the contract documentation. The county Estimator has also been involved with the review to independently determine the cost reasonableness of the outstanding invoices and agrees the value of the work is reasonable on all accounts; memos detailing his opinion for each invoice accompany this item. FISCAL IMPACT: The total cost of invoices for Carter Fence Company is$18,848.00 and for BUE, Inc., d/b/a/Gatekeepers/Gateswork is $14,258.18. Funds are available from divisional operating budgets under which the Purchase Orders were originally issued. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Broadly speaking, quantum meruit is an equitable legal principle to determine the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected. Although there is a contract in place here,the method of payment is under dispute. As set forth in the back-up, Staff has reviewed the invoices as well as the work that has been done and have concluded that in each instance the payment requested by the contractor represents fair market value and is reasonable for the work that was done. Accordingly,this item is approved as to form and legality. Majority support of the Board is required for approval. -JAK RECOMMENDATION: That the Board of County Commissioners authorizes payment of outstanding invoices for Contract 14-6280 Fencing Installation and Repair for projects to Carter Fence Company and BUE, Inc. d/b/a/ Gatekeepers/Gateswork so that invoices may be processed and paid by the Clerk's Office. Prepared by: Allison Kearns,Interim Director,Procurement Services Division ATTACHMENT(S) 1.Bue Invoice export 9 20 16 (PDF) 2.Estimator's Opinion-BUE (PDF) Packet Pg 1807 16.E.11 10/11/2016 3.Estimator's Opinion-Carter (PDF) 4. 14-6280 BUE-Gatekeepers_Contract (PDF) 5. 14-6280 CarterFence_Contract (PDF) 6. Carter Invoice export 9.30.16 (PDF) Packet Pg. 1808 16.E.11 10/11/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.11 Item Summary: Recommendation to authorize payment of outstanding invoices under quantum meruit for Contract#14-6280 Fencing Installation and Repair for projects to Carter Fence Company and BUE, Inc. d/b/a/Gatekeepers/Gateswork. Meeting Date: 10/11/2016 Prepared by: Title: Purchasing Technician—Procurement Services Name: Lissett DeLaRosa 09/26/2016 1:13 PM Submitted by: Title: Interim Procurement Director—Procurement Services Name: Allison Kearns 09/26/2016 1:13 PM Approved By: Review: Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 09/26/2016 1:15 PM Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 09/27/2016 10:51 AM Procurement Services Allison Kearns Level 1 Purchasing Reviewer 1-4 Completed 09/27/2016 1:54 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/30/2016 4:41 PM County Attorney's Office Jeffrey A.Klatzkow Level 2 Attorney Review Completed 10/03/2016 10:54 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2016 8:55 AM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/03/2016 10:55 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 10/04/2016 9:10 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/04/2016 11:21 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM Packet Pg. 1809 16.E.11.a U O'i- �I,-ISI-1 oOl010I0 0'OI N Ni NININ,NI N!NI f0 hOoiop,.-1O,lrnlrnl ❑.:. 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O!OIO,O:O,O 101 () II V) V)iNI w W1N 0Idl0idld Q CO, 'pl'p!OI OI OI OI O > >!ZiZ!ZIZIZ � 212 NININ 01 ay OI O an a)]a) N,Ni 1 1 a NIN N,N N NI Ni wIm19I0,1UIUIQI Cn• 1-11-11-11-0--'1-1F-' I .. aau_ W wlwwl • E EEFEIEEI (n_ p BIp niof0:ofl1 lll !m aaaaaaa1 ¢IaIaIQIQ!¢IQI VINI UIO',10)IO OI o (Oio CO N- -p O)IIO solo,Ia)n1•cn, M14)IMlLOi, r1<f p (oft-(OI(),OOIO, V NININININININ, N O,O,0I0i010f OI It 0I00I0j0I0i0 Packet Pg. 1810 (;uawied Joi.seolanul 6ulouaJ.6ulpue;s;no : 81.06 3na - uoluld®s,Jo;ewl;s3 :;.uauuyaenv ui a� 6 Date: 9/29/2016 a m FOR REVIEW OPINION OF COST-DETAIL ca Project: BUE Invoice SR4419 dated 11-21-2014 Location: Caxambas Park Address: -- REVIEW SUMMARY GENERAL SCOPE Repairs to Access Control Gate at Caxambas Park BUE/Gatekeepers Invoice SR4419 dated 11-21-2014 Value of Invoice:$1,125 REVIEW REQUIRED Validation of invoice for Payment REVVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (;uawAed ao}saalonul 6ulauej 6ulpue;s;n® : 8L0Z) 3f18 - uoiuldp s,aolewl;s3 :}uauayoe;;y Co ch u.i Date: 9/29/2016 d FOR REVIEW OPINION OF COST-DETAIL d Project: BUE Invoice SR4949 dated 05-27-2015 Location: Repairs to fences at Multiple Locations-PUD Pumps 318,318-16, 302-00 Address: -- REVIEW SUMMARY GENERAL SCOPE Repairs to fences at Multiple Locatins PUD Pumps 318,318-16,302-00 BUE/Gatekeepers Invoice SR4949 dated 05-27-2014 Value of Invoice:$1,260.68 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. Jc1 (;uawAed Jo}saaponup 6upou9J 6uppue;s;n0 : 8100 3tla - uopu00 s,Jo;ewRs3 :;uawtpe;;tf T co T T w Date: 9/29/2016 a a> • Y V OPINION OF COST-DETAIL a Project: BUE Invoice SR5112 dated 0841-2015 Location: Fence Repair at Vanderbilt Beach Road at Access Address: -- REVIEW SUMMARY GENERAL SCOPE Repairs to Vinyl Fence at Vanderbilt Beach Road at Access BUE/Gatekeepers Invoice SR5112 dated 08-11-2015 Value of Invoice:$777.50 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. .a (;uaua.hed aoj saolonul 6ulouej 6ulpue;s;no : 8LOZ) 3(18 - uoluldo s,ao;ew s3 :;uaunpe;1y ui Date: 9/29/2016 d FOR REVIEW OPINION OF COST-DETAIL d Project: BUE Invoice SR5113 dated 08-11-2015 Location: Repairs to fences at Serenety Park Address: -- REVIEW SUMMARY GENERAL SCOPE Repairs to fences at Serenety Park BUE/Gatekeepers Invoice SR5113 dated 08-11-2015 Value of Invoice: $1,300.00 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. -q (;uawAed.00}seoionul 6ulouej 6ulpue4s;nQ : 8LOZ) 3f18 - uoluld® s,Jo;ewps3 :$uauayoe;tst co Date: 9/29/2016 a FOR REVIEW OPINION OF COST-DETAIL Project: BUE Invoice SR5115 dated 08-14-2015 a Location: Margood Fence Option 4 Address: -- REVIEW SUMMARY GENERAL SCOPE Margood Fence-Option#4- Margood Park BUE/Gatekeepers Invoice SR5115 dated 08-14-2015 Value of Invoice:$8,400.00 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (;uawAed aoj seolonul 6uloua}6ulpue;s;np : 8L0Z) Df18 - uoluld® s,Jo;eWl;s3 :;uaWyoe;;v co r r mDate: 9/29/2016 d FOR REVIEW OPINION OF COST-DETAIL cva Project: BUE Invoice SR5121 dated 08-18-2015 Location: Marina Walk Gate Bollard Address: -- REVIEW SUMMARY GENERAL SCOPE Marian Walk Gate Bollard BUE/Gatekeepers Invoice SR5121 dated 08-18-2015 Value of Invoice:$570 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (;uawiced aoj seolonul 6ulauej 6ulpue;s;no : 8Loz) 361e - uoluldo s,io;ew s3 :;uawcpel4V ti co � W Date: 9/29/2016 d r FOR REVIEW Y OPINION OF COST-DETAIL Project: BUE Invoice SR5184 dated 09-24-2015 a Location: Repairs to gates at Lift Station 313.20 Address: -- REVIEW SUMMARY GENERAL SCOPE Repairs to gats at Lift Station 313.20 BUE/Gatekeepers Invoice SR4949 dated 09-24-2015 Value of Invoice:$825 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (}uawAed.io;saolonul 6uioua}6ulpue4s1n® : 8L0Z) iope0- uoluld® sdo;ewRs3 .}uawyoefy co co uw Date: 9/29/2016 o' FOR REVIEW OPINION OF COST-DETAIL al Project: Carter Invoice 54307 dated 09-29-2015 Location: Service Call-Gate Operator Repair Address: 7610 Davis Blvd (DAS) REVIEW SUMMARY GENERAL SCOPE Service Call-Gate Operator Repair-7610 Davis Blvd (DAS Shelter) Carter Invoice 54307 dated 09-29-2015 Value of Invoice: $155 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (wauliced ao}seolonul 6ulouej.6ulpuelsmO : 9Lo ) -191-m3- uolwd® s,aoletugsg :;uaWyoewy a, co co W tD � Date: 9/27/2016 D. a) FOR REVIEW OPINION OF COST-DETAIL cc a Project: Carter Invoice 54319 dated 09-29-2015 Location: Service Call-Provide remote control units and reprogram controller Address: 7610 Davis Blvd (DAS) REVIEW SUMMARY GENERAL SCOPE Service Call-Provide remote control units and reprogram controller Carter Invoice 54319 dated 09-29-2015 Value of Invoice:$300 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (wauatced ao'seolanul 6u!ouaj 6ulpue4sin0 8LOZ) larej - uoiuodo s,ao;ew s3 :;uaua�{oe;xry o T co co uj 0) Date: 9/23/2016 IS FOR REVIEW OPINION OF COST-DETAIL a. Project: Carter Invoice 55065 dated 12-16-2015 Location: Temporary Fence for Crowd Control-Snow Fest Address: Golden Gate Community Center,4701 Golden Gate Parkway REVIEW SUMMARY GENERAL SCOPE Temporary Fence for Crowd Control -Snow Fest Carter Invoice 55065 dated 12-16-2015 Value of Invoice:$3,545 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (}uauMed Jo}sao!onuw 6u!auaj 6uipue}s;n® : gLOZ) .Je}aeo - uoluld® s,..to;ewgsg :}uauayoe�}g+ N co W Date: 9/23/2016 a FOR REVIEW OPINION OF COST-DETAIL cva a Project: Carter Invoice 55084 dated 12-18-2015 Location: Perimeter Fence at North Collier Regional Park Address: NCRP,15000 Livingston Rd, Naples, FL REVIEW SUMMARY GENERAL SCOPE Perimeter Fence at North Collier Regional Park Carter Invoice 55084 dated 12-18-2015 Value of Invoice:$10,716 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (}uawied Jo!seolonul 6ulouaj 6ulpueIwo : BLOZ) Jape0- uoluldO s,Jo;eual}sg :;uauayoe;;y N CO ui co Date: 9/29/2016 0' FOR REVIEW Y OPINION OF COST-DETAIL a ) Project: Carter Invoice 55151 dated 12-30-2015 Location: Well Enclosure Fence& Gate Address: 505 Escambia St-Immokalee Sports Complex REVIEW SUMMARY GENERAL SCOPE Well Enclosure Fence &Gate-505 Escambia St-Immokalee Sports Complex Carter Invoice 55151 dated 12-30-2015 Value of Invoice:$1,766 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III, CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (;uauatted aoj saolonul 6ulouaj.Gulpuels}n® : 8Lo ) aapeO - uoluld® s,ao;ewi s3 :;uewgoelly N CO WCO Date: 9/29/2016 a FOR REVIEW 111 Y OPINION OF COST-DETAIL Project: Carter Invoice 55157 dated 12-30-2015 o' Location: Well Enclosure Fence& Gate Address: Tony Rosbough Comm Park, 1213 Little League Road, Immokalee REVIEW SUMMARY GENERAL SCOPE Well Enclosure Fence&Gate-1213 Little League Road, lmmokalee Carter Invoice 55157 dated 12-30-2015 Value of Invoice: $1,241 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. (wewhedao}saalonul 6uloua}6ulpuels4no : 8LOZ) aeiaeO- uoluld® s,ao}ew s3 :}uewgoe;}y N CO T T W C° Date: 9/29/2016 d FOR REVIEW a) OPINION OF COST-DETAIL a Project: Carter Invoice 55204 dated 01-06-2015 Location: Repair fence at Sugden Park Address: Sugden Park,4284 Avalon Drive, Naples REVIEW SUMMARY GENERAL SCOPE Repair Fence at Sugden Park Carter Invoice 55204 dated 01-06-2015 Value of Invoice:$1,125 REVIEW REQUIRED Validation of invoice for Payment REIVEW SUMMARY A review of the cost of the work was undertaken and a range of value was determined. This review was prepared in accordance with generally accepted professional estimating practices. Based on this review,the Opinion of Value is that the value of the work invoiced is reasonable and fair. Respectfully, W.James Flanagan III,CPE ASPE Certified Professional Estimator Project Estimator Collier County Procurement Services. 16.E.11.d AGREEMENTI4-6280 for Fencing Installation and Repair THIS AGREEMENT is made and entered into this .: \ day of 2014, by and between the Board of County Commissioners for Collier County, Florida, a political 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"). Q 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 .g satisfaction of the County. This contract shall have three (3) additional, one (1) year renewals, g renewable annually. The County Manager, or his designee, may, at his discretion, extend the 2 Agreement under all of the terms and conditions contained in this Agreement for up to one c hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor .c 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. o 03 ti 2. STATEMENT OF WORK: Each Contractor will enter into an Agreement to provide complete N 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 o part of this Agreement. U, 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 cct Contractor for Owner pursuant to this Agreement during the term and any extension of the u, term of this Agreement. m co Although the primary user of this Contract is the Facilities Management Department, any o 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: v 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- Packet Pg. 1825 16.E.11.d • 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. E In each Request for Quotation,the Owner reserves the right to specify the period of completion a and the collection of liquidated damages in the event of late completion. B. Process for Replacement and New Installation: 0 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). 4- • For all Work estimated to be less than $50,000 per order: the department may select c 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)e,-may- with Purchasing Department approval. c4 In each Request for Quotation, the Owner reserves the right to specify the period of completion e. and the collection of liquidated damages in the event of late completion. 0 y L C. Process for Emergency Services: a) The County will contact the first available Contractor when emergency Work is to be y performed. The Contractor shall provide a verbal quote and be on Work site within sixty (60) 8 minutes for all locations in the Naples and Marco area. The response time for the Immokalee 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 N 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 t to this Agreement shall be mutually agreed upon in writing by the Contractor and the County E 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 * 144280 - 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� Packet Pg. 1826 16.E.11.d 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: w c) BUE, Inc., d/b/a Gatekeepers / Gateswork 1301 Rail Head Boulevard, Suite 5 a Naples, FL 34110 ,8 Attention: Robert Unger, CEO Telephone: 239-254-0077 0 Fax: 239-254-0097 > Email: bob@g8keepers.com 'V C w All notices required or made pursuant to this Agreement to be given by the Contractor to the E 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 Y Attention: Joanne Markiewicz o Director, Procurement Services 01 Phone: 239-252-8407 0. Fax: 239-252-6480 CDa) The Contractor and the County may change the above mailing address at any time upon giving g the other party written notification. All notices under this Service Agreement must be in writing. m 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a o 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 E necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all 2 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- n Packet Pg. 1827 16.E.11.d 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 Y deem any conduct on the part of the Contractor to be objectionable or improper, the County shall ct have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any o such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours a after receiving notice of such violation, conduct, or practice, such suspension to continue until the Lci 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 c manner satisfactory to the County and requirements of this Agreement, the County may terminate 'E 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. 31 0 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. L 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 t include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in m compliance with the applicable state and federal laws. The coverage must include Employers' N 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 E 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- Packet Pg. 1828 16.E.11.d 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 E 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 a an indemnified party or person described in this paragraph. This section does not pertain to 2 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, E County and any indemnified party. The duty to defend arises immediately upon presentation .-L3 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 E 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 N finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, 1 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 2 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 N' remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, a 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) c� 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 E specifications shall be approved in writing by Owner in advance. E 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the a 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- Packet Pg. 1829 16.E.11.d 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' g 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 a L (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), 2 ordinances). If Contractor observes that the Contract Documents are at variance therewith, it t shall promptly notify Owner in writing. 0 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 'g 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 c' 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 o 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 o Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. Ct d.+ 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 01 satisfactory material and quality production, free from defects, and sufficient for the purpose Q intended. Goods shall be delivered free from any security interest or other lien, encumbrance Y 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 g warranties shall survive inspection, acceptance, passage of title and payment by the County. 20. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The N 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 t County may require the Contractor to remove an employee it deems careless, incompetent, E insubordinate or otherwise objectionable and whose continued employment on Collier County g projects is not in the best interest of the County. a 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. Page -6- Packet Pg. 1830 16.E.11.d 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 2- 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 2 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 c all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons 2' or the Work or property at the Project site or adjacent thereto, Contractor, without special 2 p � instruction or authorization from Owner is obligated to act to prevent threatened damage, N injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after o 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. co N If the Owner determines that a change in the Contract Documents is required because of the U action taken in response to an emergency, a written. Order shall be issued to document the . consequences of the changes or variations. o 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 23 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. m co 25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or qj 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 E 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- Packet Pg. 1831 16.E.11.d 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 g associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. a 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 .o 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 y relating to or arising out of this Agreement must be brought in the appropriate federal or state o courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such •• co matters. O N 31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages 45 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 3 successful proposer. CD a. 32. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or Y otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall r remain in effect. c? w 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background CO checks by the Collier County Facilities Management Department for all employees that shall N 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 E 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- Packet Pg. 1832 16.E.11.d 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), cS 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 a 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 ri 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 o Risk Management Department Safety Manager and/or Safety Engineer. .. ti N ********'************************* Remainder of page intentionally left blank ******************************** 0 Q II�n CO CO t1' C Page -9- Packet Pg. 1833 16.E.11.d IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA if) Dwight E. Brock, Clerk of Courts By: kiLs Tom Henning, Ch0Than Dated: a Attest as tans signature only. 0 BUE, Inc., d/b/a Gatekeepers I Gateswork Contractr a) BA 1 it • y: (r) First Witness ignatu, e „sr--br k co Tya, Print Witness Name Typed Signature 4E. Sect. óV itness Title 0 /-7)0 mess(49,4/ 'Type/Print Name Lit CO Approved as to form and lethality: # W V cE) Assistant County Attorney Page -10- Packet Pg. 1834 16.E.11.d 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 a 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. ao 7. Provide for the proper removal and disposal of fence material according to County, State and N 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 O posts. 0. ' 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. co 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: 00 0 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% height. 5.11 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. oy� Page -11- Packet Pg. 1835 16.E.11.d 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". L d. The test shall be repeated for at least ten (10) representative locations and for all suspect �2 fence sections. Further, the County requires Contractor to: 0 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 2 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 o0 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. 0 0. r� V CO N 1.1 Q Page -12- Packet Pg. 1836 16.E.11.d 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 $45.00 Percentage Item # .Description (in Decimal) Percentage markup on 4 Materials .25 C The Contractor's hourly rate shall be on a portal-to-portal basis. Hourly rates are 5 considered as "Regular Time" and defined as County business hours; Monday through rEs Friday 7:30 AM to 5:00 PM. "After Hours" rates shall be "time and a half' (1.5 times regular time hourly rate) and applies to Monday — Friday 5:01 PM to 7:29 AM, all day Saturday and all day Sunday. The "After Hours" rate shall only be charged for time actually worked during the "After Hours" period. 1-3 CC C 0 01 a cu a, a, w m O CO N CD C E U Page -13- Packet Pg. 1837 Jul 23 1412:18p Weems Insurance of Naples 239-776-8676 p.1 16.E.11.d CERTIFICATE OF LIABILITY INSURANCE D"TE{"'MID" '") 07123!2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER F CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND?OR ALTER THE COVERAGE AFFORDED BY THE POL BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHOF REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: tithe certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subj c the terms and conditions of the policy,certain policies may require an endorsement, A statement an this certificate does not confer rights e certificate holder in lieu of such endorsement(s). PRODUCER CONTACT • NAME Susan WOMB Weems Insurance of Naples,Inc PSN a E„ry•(2S9)7758705 nal(239)775-85 2661 South Airport Road Suite 8105MAIL suf susanawee msinsurance.comcasth iz.n et c INSURERS)AFFORDING COVERAGE N O Naples FL 34112 INSURER A1 Underwriters at Uoyds >, INSURED �$U B;Progressive Express Ins Co Q Gatekeepers,Inc d/bra BUE Inc d/b/a Gateswork AMBER C: — O 1330 Railhead Blvd,5 INSURER DI N INSURER E: O U _Naples FL 34110 INSURER F: O COVERAGES CERTI C:A I t Numist : REVISION NUMBER: c I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE a; INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH C CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE .v EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C INSR ADDL SUER POLICY EFF POUCY END w LTR TYPE DF INSURANCE AMR WVD POLICY NUMBER 1MINLIOD CCO IMMIDDIYYYYI LIMITS GENERAL LIABILITYE EACH OCCURRENCE E 1,0DOAOO A X COMMERCIAL GENERAL LIABILITY ' ,ppgEmisEg(Ew Bac„ n,y� g 100,000 D c ___ CWM MSADE X OCCUR X AMTEO29995 10/17/13 10/17114 MED erlxl)EXP{Any oneDe $5,000 xs PERSONAL&ADV INJURY =1,000,000 15 GENERAL AGGREGATE $2,000,000 0 GENT.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPPOP AGG S 1,000,000 a0 ,n 1 POLICY T LDC S o AUTOMOBILE LUtBILITY 1 CCOdBNED SINGLE LIMIT N t rFn ,, >1ou,aoo BODILY INJURY(Per person) S �' B ANY AUTO U ALL OYNVEDresULED 16 AUTOS AUTOS 08017257-2 05127114 05127115 BODILY INJURY(Par acaderw S L HON-OWNED PROPERTY DAMAGE HIRED AUTOS ,_ AUTOS I (Par arddam) S 0 UI UMBRELLA LIAR _ OCCUR I EACH OCCURRENCE $ N EXCESS LIAS CLAIMS-MADE AGGREGATE L$ Q DED RETENTION S S O WORKERS COMPENSATION I I wC6TATJ- '0TH- CO AND EMPLOYERS'LIABILITY Y!N TYlav I sierra i Fa o) AND ANY PROPRIETORJPARTNEWEXECUT ED N/A i E.L.EACH ACCIDENT S ID OFFICER/MEMBER EXCLUDED? u M ndaloryin NH] E.L.DISEASE-EA EMPLOYEE $ r es,dearlbs ulcer Lb DESCRIPTION OF OPERATIONS below I _E.L.DISEASE-POLICY LIMIT S M f m 0 CO N CO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schsduts,If morn'pus Is required) d c- Faxed to: 239-252-6597 s a) E -c LI ca Q CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS STHEHOULDEXPIRATIOANY OF N THEGATE ABOVETHEREOFDESCRIBEDNOTICE WIPOLICIES BE CANCELLE BED BEF , DELIVERED 3301 TAMIAMI TRAIL EAST ACCORDANCE WIT THE POLICY PROVISIONS. NAPLES,FL 34112 AWN•'. ED iii' T1VE I i ©198 2010 ACORD CORPORATION. All rights reserve ACORD 25(2010/05) The ACORD name and logo are regitered marks of ACORD Packet Pg. 1838 ACORD Certificate of Liability Insurance D6/19//Da 16.E.11.d 4 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 6407 Parkland Drive (A1C,No.Eel): (A/C.No.): Sarasota,FL 34243 E-MAILss certs@progressiveemployer.com INSURER(S)AFFORDING COVERAGE NAIC E Insurer A:Guarantee insurance Company 11398 INSURED insurer A:Safety National(A) E. Progressive Employer Management Company, Inc. Insurer A:Arch Re U.S.(A+) 0 6407 Parkland DriveE Sarasota, FL 34243 Insurer A:Atterra Bermuda(A) 7+ CZ Insurer E: Q Insurer F: i 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 v POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT .O WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES 5' DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE ' BEEN REDUCED BY PAID CLAIMS. Cm -INR TYPE OF INSURANCE ADDL,SUBR POLICY NUMBER POLICY EFF POLICY EXP c INS_WVD, /MM/rS-EYYYY) (MMl000/YYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE 0 «S ,� COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISESfEa oocurrenoe) S >33 (CLAIMS-MADEOCCUR MED EXP(Any one person) $ t� la PERSONAL.&ADV INJURY $ C �. CO GENERALAGGREGATE $ '�'' GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY n ' SPRO- LOC $ O AUTOMOBILE LIABILITY COMBINEDSINLGE LIMIT S CO mir (Fa alnnt( ANY AUTO BODILY INJURY(Per person) S O ALL OWNED — SCHEDULED N AUTOS AUTOS BODILY INJURY(Per aa;ident) $ HIRED AUTOS NON-OYMIED PROPERTY DAMAGE — ,,,..q AUTOS (Per arcidanl( ,S - CO $ L UMBRELLA UAB OCCUR EACH OCCURRENCE $ 0 EXCESS LAB CLAIMS-MADE AGGREGATE $ UI DED ( JRETENTION$ $ N L A WORKERS'COMPENSATION WCP500000301GIC 09/29/2013 09/29/2014 X WCSIIMIT OTH- 0. AND EMPLOYERS'LIABILITY YMTORY I lM1Tc FR $ ANY PROPRIETORIPART NERIEXECUTIVEN/AEL.EACH ACCIDENT 51,000000 0 OFFICER/MEMBER EXCLUDED? 0 (MANDATORY IN NH) E.L.DISEASE-EA ACCIDENT $1,000,000 If yes.describe under 0 DESCRIPTION OP OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 COt ' $ 0 $ $ D $ CO DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) a Coverage is extended to leased employees,but not subcontractors of BUE,Inc DBA Gatekeepers Location coverage effective date:02/06/2014 c00N cn r • c 0 E v CO a-' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Collier County EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH `1 THE POLICY PROVISIONS, Collier County Board of County Commissioners 3327 Tamiami Trail East Authorized Representative y� Naples, FL 34112-4901 1988-'010 ACORD CORPORATION.All Packet Pg. 1839 ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16.E.11.d (EFF.BELOW UNDER C'AUTIO\ARY ROTE) INSURED Policy Number: 4186816221 Effective Date: 02-09-14 ROBERT JAMES UNGER Expiration Date:08-09-14 3701 SUDBURY LN Registered.State: FLORIDA BONITA SPGS.. Fl 3413_4=.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 eflec- 0 tive and expiration date holds for the vehicle listed. This should serve as proof 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 policy. Vehicle Year. 2004 Make: FORD Model: RNGRSPRCAB 0 U VIN:1FTYR44U74PA41333 0 COVERAGES tzars DEDUCTIBLES BODILY INJURY LIABILITY S500,000/$500,000 PROPERTY DAMAGE LIABILITY 510,000 PERSONAL INJURY PROTECTION BASIC NON-DED/INSD&REL U UNINSURED MOTORIST/STACKED $10,000/520.000 CI) C C re 4r In 4-. 0 oo r` cs N Llenholder _Additional Insured Interested Party ns 4, C 0 U (1 )1 L a) 0 Additional Infix nation: a> N CO Tccued f17/?4/2014 0 W oo 0 If yon have any additional questions,please call 1-800-841-3000. CAL7IONARYNOTE;TUR CURRENT COVIRAGFS.LIMITS,AND DaDUCWIRLL.MAY DINER FROM TRE COVF:RA GES,LiMTf S,AND DEDUCTIRIIS IIY E!1'£CT AT OYHLR 4 TIME DURING Till POe.ICYrERron.Tins VERIPICATION Or COVERAGE REFLECTS TTIT COVERAGES.LIMITS AND DEDUCTIDLES AS Or THI ISSUED DATE Or TEM DOCUMENT%'1ICf IR MOWN UNDER"ADDITIONAL INYORMATION"OR WAN ISSUED DATE IS NOT SHOWN,TLE DATE OF TES FACCIISILE. U-33 10-07 N E v 4-. .. 4-. Packet Pg. 1840 16.E.11.e AGREEMENTI4-6280 for Fencing Installation and Repair THIS AGREEMENT is made and entered into this 6, day of , I v , 2014, by and between the Board of County Commissioners for Collier County, Florida, a politicAl subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Carter Fence Company, Inc., authorized to do business in the State of Florida, whose business address is 3490 Shearwater Street, Naples, FL 34117 (hereinafter referred to as the "Contractor"). R WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the Work upon date of Board award. .o 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 c3, satisfaction of the County. This contract shall have three (3) additional, one (1) year renewals, .9 renewable annually. The County Manager, or his designee, may, at his discretion, extend the r Agreement under all of the terms and conditions contained in this Agreement for up to one to 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) y 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 ti services for Fencing Installation and Repair on an as-needed basis as may be required by the N 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. o The execution of this Agreement shall not be a commitment to the Contractor that any Work 2 will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of 6 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. o N CD 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: La 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- Packet Pg. 1841 16.E.11.e • 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. 1- 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 o 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 =2 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 cf order: the department may quote out work among the awarded Contractor(s); , e}r ao een .S with Purchasing Department approval . In each Request for Quotation,the Owner reserves the right to specify the period of completion (45 and the collection of liquidated damages in the event of late completion. 0 C. Process for Emergency Services: The County will contact the first available Contractor when emergency Work is to be ,f 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 Immokalee and Everglades City area shall be within ninety(90) minutes. 00 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 E 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 a 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- Packet Pg. 1842 16.E.11.e 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: Carter Fence Company, Inc. 3490 Shearwater Street Naples, FL 34117 Attention: Ken Carter, President Telephone: 239-353-4102 Fax: 239-352-1687 0 Email: betty@carter-fence.com Hannely All notices required or made pursuant to this Agreement to be given by the Contractor to the .92 County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Er) Postal Service Department, first class mail service, postage prepaid, addressed to the following .2 County's address of record: 03 Collier County Government Complex Purchasing Department 0 3327 East Tamiami Trail Naples, Florida 34112 46' Attention: Joanne Markiewicz Director, Procurement Services 0 Phone: 239-252-8407 a) Fax: 239-252-6480 a) The Contractor and the County may change the above mailing address at any time upon giving is...) the other party written notification. All notices under this Service Agreement must be in writing. 00 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 7- the County. '5) 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits -E) necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all g 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- Packet Pg. 1843 16.E.11.e 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 g 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 0- violation is cured. The Contractor further agrees not to commence operation during the 2 suspension period until the violation has been corrected to the satisfaction of the County. O 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 '.(2 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, R sex, color, creed or national origin. 0 10. INSURANCE: The Contractor shall provide insurance as follows: co h O 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 ri Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. 0 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. U C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in N 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- Packet Pg. 1844 16.E.11.e 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 t 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 a 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 .g 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 2) of a claim by any party and written notice of such claim being provided to Contractor. '2 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 g against the County or an indemnified party for the matter indemnified hereunder is fully and '2 finally barred by the applicable statute of limitations. z 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 The Owner may nullify the whole or any part of any approval for paymentC.11_ 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 .E 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, .1 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. 0 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. -48 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. V, 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the 44 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 /Th Page -5- Packet Pg. 1845 16.E.11.e 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 2 shall promptly notify Owner in writing. 'o 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish a and waste materials arising out of the Work. At the completion of the Work, Contractor shall g 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 9' leave the Project site clean and ready for occupancy by Owner. c' 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the N prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or o 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 o N Owner. V 19. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment 2 covered by this Agreement will conform to the requirements as specified, and will be of 3 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. o 00 N 20. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The v Contractor shall employ people to work on County projects who are neat, clean, well-groomed 7 and courteous. Subject to the American with Disabilities Act, Contractor shall supply a 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. Page -6- Packet Pg. 1846 16.E.11.e 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 t 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. Q C. Contractor shall not disturb any benchmark established by the Owner with respect to 0 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 .o 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 2 or the Work or property at the Project site or adjacent thereto, Contractor, without special g 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 c Work or variations from the Contract Documents have been caused thereby. co ti If the Owner determines that a change in the Contract Documents is required because of the N action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. 0 If Contractor fails to provide the forty-eight (48) hour written notice noted above, the �1 Contractor shall be deemed to have waived any right it otherwise may have had to seek an 2 adjustment to the Contract Amount or an extension to the Contract Time, 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of all v Collier County Departments. co25. 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 E' 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 5 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- Packet Pg. 1847 16.E.11.e 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 E the Work. No markup shall be applied to sales tax. 0. 29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the o 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 .o located at 8 U.S.G. 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 F of this agreement and the County shall have the discretion to unilaterally terminate this 'g 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 N courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such o matters. co ti 0 31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages a and agrees to the successful proposer extending the pricing, terms and conditions of this 15 solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. ° a> 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 LT- remain in effect. 0 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background o 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, r 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 i make them available to the County for at least four (4) years. a 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- Packet Pg. 1848 16.E.11.e 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 t 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 a persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration A-a? (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 f, 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 En 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 .Lo, Risk Management Department Safety Manager and/or Safety Engineer. Co0 N- 0 ********************************* Remainder of page intentionally left blank c.) 0 co oo CN1 C) tt Page -9- Packet Pg. 1849 16.E.11.e IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, 2LORIDA Dwight E. Brock,:Clerk of Courts ' - '),T-r-i r, ' ' '''' -- - '' '2 / . \, I '- m Henning, Ch: man a> Dated v.�. ' c (teal) a Attest as to Chairman's y signature only. °o ' Carter Fence Company, Inc. Contractor c U C a7 `irst Witness x "4-nature c n3 N ‘_\,pcs GP.._. T-OfY1C t— \C \ Ccr .r . Type/P nt Wtr s Name Typed Signature co N. a rCV I j second Witness Title Ti (...\:11\11c4tit 0"1-4oi Type/Print Witness Name 0 c d N V CLIV O O N Apiarpved as to form 9id legality: ,, \ C-f, - '2 i ) .;,.;E Assistant-County Attorney 0 6-16.)i Page -10- Packet Pg. 1850 16.E.11.e 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. C 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 a include, but are not limited to the following: 1. Fence(s) shall be constructed, maintained and repaired in accordance with the industry •o 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 0,2 Federal ordinances and laws, and in the most "environmentally" friendly manner. N 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 o posts. U 10.Gates shall be secured in closed position so as to eliminate any free movement. 0 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- Packet Pg. 1851 16.E.11.e 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 o. 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 g 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 y project site within seven (7) business days to correct the repair, provide replacement or new o 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 N County's project manager. L O U I N V m U a, U j co I N C d E U Page -12- Packet Pg. 1852 16.E.11.e Exhibit B Price Schedule Contract 14-6280 — Fencing Installation and Repair Item # Position Title Hourly Rate 1 Supervisor $60.00 2 Installer $45.00 3 General Labor $30.00 a L Percentage N Item # Description (in Decimal) Percentage markup on 4 Materials .15 •� rn U C The Contractor's hourly rate shall be on a portal-to-portal basis. Hourly rates are a) considered as "Regular Time" and defined as County business hours; Monday through Friday 7:30 AM to 5:00 PM. "After Hours" rates shall be "time and a half" (1.5 times regular time hourly rate) and applies to Monday — Friday 5:01 PM to 7:29 AM, all day Saturday and all day Sunday. The "After Hours" rate shall only be charged for time o actually worked during the "After Hours" period. 00 ti N U O U O 1 U a) U 0 co N ci? C a) E U Page -13- Packet Pg. 1853 16.E.11.e ACG CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) I .,-" 12/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown&Brown Of Florida. Inc. IA/PHO NEC, e.EMI:239 262 5143 I(mac•No):239-261-8265 1421 Pine Ridge Road, Suite 200 E-MAIL Naples FL 34109 ADDREssicerts@bbnaples.com ___ INSURER($}AFFORDING COVERAGE NAIC# INSURER A:FOCI Commercial Insurance_CComp_ 10836 c INSURED CARTE-2 INSURER a:FCCI Insurance Come 1 d 1 7 E Carter Fence Company, Inc. INSURER C:National Trust Insurance Compa 719 Q All Const and Rental of SWFL INSURER D 3490 Shearwater Street, Unit E ` Naples FL 34117-8414 INSURER E: INSURER F: N N COVERAGES CERTIFICATE NUMBER:2079853311 REVISION NUMBER: v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD O INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS E CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, '0.) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR ADBL SUER" ��_-- ------�- POLICY EFF POLICY EXP LIMITS •- LTR TYPE OF INSURANCE , '.. LTINSR WVD POLICY NUMBER IMMIDD/YYYY} IMMIDD/YYYY) C GENERAL LIABILITY Y Y GL0009674 1/1/2014 1/1/2015 EACH OCCURRENCE I $1,000,000 ,0 DAMAC5 TO—RtNfiE6 ---` ---.__— --__— X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CO '.. CLAIMS-MACE LOCCUR XMED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 c GENERAL AGGREGATE $2,000,000 U) GEM_AGGREGATE LIMIT APPLIES PER' PRODUCTS-COMP/OP AGG $2,000,000 = '.. S 0 PRO- LOC 1 POLICY X 1 i IFr,T COMBINED SINGLE LIMI l A AUTOMOBILE LIABILITY CA0015035 1/1/2014 1/1/2015 (Ea accident) $1.000 000 CO _ n X ANY AUTO BODILY INJURY(Per person) I $ N ALL OWNED I— -SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS -- — +' NON-OWNED PROPERTY DAMAGE $ N X HIRED AUTOS :,X AUTOS (Per accident) ._- r_ + C A X UMBRELLA LIAB ',X OCCUR UMB00099922 1/1/2014 1/1/2015 EACH OCCURRENCE $5,000.000 0 U EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 I tv DED X RETENTION$10,000 $ U g WORKERS COMPENSATION Y 001WC14A63207 1/1/2014 1/1/2015 x I W STATU- 0H- m AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR:PARTNER(EXECUTIVE E.L.EACH ACCIDENT 31,000,000 d I OFFICER/MEMBER EXCLUDED? NIA - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$1,000..000 f4 If yes,describe under 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$1,000,000 V 0 co C" 0 '4' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) , Fence Installation c Blanket Additional Insured status with respect to General liability per form CGL 084(12/10)- m Automatic Status when required in Construction Agreement with you-Ongoing Operations and Products-Completed Operations. Primary& E Non-Contributory Coverage when Required by Contract per form CGL 025(11/08). o Policy includes Waiver of Subrogation (Blanket)per form#CGL004(05-10)General Liability Advantage Endorsement When Required in Construction Agreement With You and Per Project Aggregate Limit. Q • See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE a `"@�t,$t 241 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I Packet Pg. 1854 I 16.E.11.e AGENCY CUSTOMER ID: CARTE-2 LOC#: ACCORDADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown&Brown Of Florida, Inc. Carter Fence Company, Inc. All Const and Rental of SWFL POLICY NUMBER 3490 Shearwater Street, Unit E Naples FL 34117-8414 CARRIER NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, C FORM NUMBER: 28 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Workers Compensation Blanket Waiver of Subrogation applies per form WC000313-Waiver of Our Right to Recover from Others. >a Umbrella Policy Follows Form-General Liability, Automobile Liability and Workers Compensation are included in Underlying Schedule. o Qualifier: Kenneth D Carter �- y a) U 0 C C) C U C a) C) C N 0 Co r, O N .5 <a L C 0 a) v C IL a) U co co N et C a) E U ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1855 16.E.11.f U) .-,1,,,I..0 t!.Lc) CC)I ,-- OO'Olo opo .2_,) NiNIN�I�N'N C‘110.1 cs as 0 I N N 'N lc)IMi O. � � ,- N NN W I , I .z 0� or J JIJ J J J J ¢ ¢,¢ ¢ h) ZZZ Z_ I-i V o) -a- .a 1 co C) M CO 4) C)1N1� VV O O '(O CO COCD 0 0 0 0 0CD CC O O O O O G 7 -LC) U U) LC).U� 0000000 CC O O O�O O O O Cf) O to Co'.o U L �'OV coV N V 0 CO Lf) I-I S N C C)IO W N E SII d) ¢ I to O 'it > 8 r- 0) u).vl,- i- vC O CO CO L U) o c NY VV ,S, U))'i u)I U).U) a C'! — ,r) U)'«');U) Co 1I u) w Lyy LLO .1)ICO C CCD oo,olo oo a N 1 N N'1 N''.N.CV N U) 0 l m o W O O CO U N N'� �IC) co o 0) W N N!N NC C 0, tow i • 010001 CO C ; ooIn� a'a,da w 1 CDI O 0 0 0 0 0 0 0 Z z Z Z Z1ZZ' .. Z ZI ¢ ¢z Z Z ZZ� Is- 00 ¢ ¢ ¢I¢¢CL CL CL CI. 0 2 2 2 2 2 2 2 04 O O O O O OO O 0 0 0 0 0 0 W WIW W W WW Z ZIZ ZIZ Z Z0 E M ` W. 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