10/16/2013 AgreementAMY REAVILIN, CPA
CLERK Of CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: November 19, 2013
TO: David Hill, Director
Project Management
ATTN: Ann Riger
FROM: Vitia Fernandez, D.
At the October 16, 2013, Board County Commissioner's meeting the Board granted approval
of Item C15 Third Amendment to Contract with MBVK2M Architecture, I nc. ff fee
adjustment for the Architectural/Engineering Services for the Renovatioiro the Monroe County
Courthouse in Marathon. This cost is funded through.the one infrastructure tax, and the Judicial
Court Facilities Fund"
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 -289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
AGREEMENT
FLOOR COVERING IMPROVEMENTS— MARATHON GOVERNMENT CENTER
CONTRACT
MONROE COUNTY
PINEWOOD ENTERPRISES, INC.
THIS AGREEMENT, made and entered into this 10 day of October, 2013 by and
between the MONROE COUNTY, a political subdivision of the State of Florida hereinafter
called "County ", whose address is 1100 Simonton Street, Key West, Florida 33040 and
Pinewood Enterprises, Inc., a Florida corporation, hereinafter called "Contractor ", whose
address is P.O. Box 430141, Big Pine Key, FL 33043.
WHEREAS, the County is in need of carpet and tile installation at its Marathon
Government Center facility located at 2798 Overseas Highway, Marathon, Florida 33050; and
WHEREAS, the Contractor is licensed, qualified, properly equipped and is in the business
of performing carpet and tile installations; now, therefore
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter
contained, the parties hereto do hereby agree as follows:
1. THE CONTRACT
The contract between the County and the Contractor, of which this Agreement is a part,
consists of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of the Agreement, the Request for Bid, the Specifications,
all Change Orders and any addenda, the Contractor's Bid documents, any other
amendments hereto executed by the parties, together with the required County documents
furnished as part of the Bid or required to be furnished by the BID, and all required
insurance documentation.
Sheet A -1 and A -2 of existing building As -Built drawings as provided by ferguson, glasgow,
schuster inc. dated 06/24/92 is attached for reference only, as Exhibit A. Monroe County
does not guarantee or warrant the fitness of these drawings. Contractor is to confirm all as-
built conditions.
Floor Covering Improvements— Marathon Government Center
3. SCOPE OF THE WORK — Floor Covering Improvements — Marathon Government Center,
2798 Overseas Highway, Marathon, Florida 33050.
A. The Contractor shall perform all of the work required, implied or reasonably inferable
from this agreement. The term "work" shall mean whatever is done by or required of
the contractor to perform and complete its duties under this agreement, including the
following: construction of the whole or a designated part of the project; furnishing of any
required surety bonds and insurance; and the provision or furnishing of labor,
supervision, engineering services, material, supplies, equipment, fixtures, appliances,
facilities, tools, transportation, storage, power, debris disposal, the payment of any
applicable sales and use taxes; procurement and payment of any required permits from
local, state or Federal authorities having jurisdiction, royalties and product license fees;
fuel, heat, light, cooling, and all other utilities as required by this contract. The work is
to be coordinated and conducted in a phased manner so as to minimize impact to
County operations. The work to be performed by the contractor is generally described
as follows:
3.01 DESCRIPTION
A. Provide all labor, material, equipment, and tools, etc. as required per Paragraph 3.A,
including but not limited to the following: Move, relocate and put back in place, all
furniture, including filing cabinets, etc. in coordination with the Owner. Remove and
properly dispose of all existing floor covering, prepare newly exposed concrete floors
and install new floor covering and accessories, including resilient wall base per
manufacturer's specifications and as specified in this section. Areas to receive new
carpet are all areas of existing carpet with the exception of second floor meeting room,
first floor file and Media room and all areas designated for new tile. Areas to receive
new tile are first floor public corridors, first floor Building Department Lobby, second
floor main public corridor and second floor kitchenette. All areas of new flooring are to
receive new resilient wall base. Equaling approximately 1,765 square yards of carpet
and 2,468 square feet of tile. Contractor is to confirm all quantities.
3.02 QUALITY ASSURANCE
A. Qualifications:
Manufacturer:
(a) Carpet - Company specializing in manufacturing specified carpet with
minimum 5 years documented experiences.
(b) Manufacturer must be registered to ISO 14001 Environmental
Management Systems and ISO 9001 Quality Management Systems.
(c) Notify Owner, Project Consultant or another designated contact if any
installation instructions are not followed.
(d) Manufacturer to provide a list of certified and authorized installers.
Floor Covering Improvements— Marathon Government Center
(e) Tile Manufacturers: Company specializing in the manufacturing of tile
systems with a minimum of 10 years documented experience doing
similar work.
2. Installer:
(a) Carpet - Must be manufacturer certified, specializing in the installation of
carpet with a minimum of 3 years documented experience.
(b) Provide written references and proof of certification by the manufacturer.
(c) Responsible for the proper product installation, including floor testing and
floor preparation.
(d) Tile - Maintain one copy of TCA Handbook and ANSI A108 Series /A118
Series on site.
(e) Tile - Source of Materials: Provide materials obtained from one source
for all tile of same type. Provide grout and setting materials from one
source.
(f) Tile shall conform to requirements of ANSI 137.1, standard grade.
(g) Tile installation shall conform to Tile Council of North America (TCA)-
Handbook for Ceramic Tile Installation.
(h) Tile - Installer: Company specializing in the installation of tile systems
with a minimum of 3 years documented experience doing similar work.
3. Single Source Responsibility: Provide material produced by a single
manufacturer for each carpet and tile type.
B. It will be the responsibility of the contractor to initiate a Quality Control Program to
govern all aspects of the installation of the new flooring systems.
1. Inspect and verify materials upon delivery to project site for quantity, packaging,
labeling, condition of materials, and product compliance with specification.
2. Ensure that carpets and tiles delivered to project site are as specified and are
ready for installation.
3. Maintain records (lot numbers, shipping receipts, or other identification as
established by the Contractor for tracking delivered carpet and tile materials) for
the carpet and tile materials delivered and installed.
C. DELIVERY, STORAGE, AND HANDLING
1. Deliver all materials to the installation site in the Manufacturer's original
packaging. Packaging to contain Manufacturer's name, product name and
identification number and other related information.
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Floor Covering Improvements— Marathon Government Center
2. Carpet - Store Materials: Comply with CRI 104 and manufacturers written
instructions.
3. Material must be available for inspection as required by the Owner, Project
Consultant, or Manufacturer.
4. Include onsite moisture protection plan of all carpet materials in storage during
construction.
5. Tile - Comply with requirements of ANSI A137.1 for labeling sealed the packages.
Prevent damage or contamination to materials by water, freezing, foreign matter or
other causes.
6. Tile - Store tile and cementitious materials on elevated platforms, under cover,
and in a dry location.
7. Store liquid latexes and emulsive adhesives in unopened containers and protect
from freezing and extreme heat.
3.03 PERFORMANCE - Carpet
A. Provide flooring material to meet the following test performance criteria as tested by a
recognized independent testing laboratory. Certified test reports shall be submitted by
the carpet manufacturer for each test method.
1. Pill Test / DOC- FF -1 -70 (ASTM D -2589) - Requirement: Pass
2. Flooring Radiant Panel / ASTM E -648 - Requirement: Class I (Above .45
w /cm)
3. CRI VOC Chamber Test/indoor Air Quality test (CRI -IAQ) Green Label Plus Test.
4. Lightfastness: Rating of not less than 5 on International Grey Scale after 40
SFU's when tested in accordance with AATCC Test Method 16E.
5. Crockfastness: Minimum stain rating on International Grey Scale of not less than
5 wet or dry when tested in accordance with AATCC Test Method 165.
6. Atmospheric Fading: Burned Gas shall not be less than 5 on International Grey
Scale after two cycles on each test as per AATCC Test Method 129 Ozone and
AATCC Test Method 23.
B. Coordinate and submit all documentation required and approved by the Local Authority
Having Jurisdiction as necessary for any required permitting.
3.04 WARRANTY
A. Carpet - Provide a standard, printed, non - prorated lifetime warranty from the
Manufacturer. Ensure all warranty items must be full term, not pro- rated, for indicated
period. If the product fails to perform as warranted when properly installed and
maintained, the affected area will be repaired or replaced by of the Manufacturer to the
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Floor Covering Improvements— Marathon Government Center
satisfaction of the owner. Ensure the term of the warranty is lifetime non - prorated and
covers against:
1. Excessive surface wear. Excessive wear is defined as more than 10 percent loss
of pile fiber weight after use.
2. Edge ravel.
3. Zippering.
4. Backing Delamination. Backing delamination is defined as when the primary
backing and face yarns separate from the secondary backing.
5. Static Electricity: 3.5 kilovolts or less when tested per Electrostatic Propensity
(Step and Scuff) AATCC 134.
6. Fade Resistance:
a. Lightfastness: AATCC 16E -Dark Color: Gray Scale for color change
rating of 4 or better after 160 AFUs standard fading hours.
b. Atmospheric Contaminants: AATCC 164 (oxides of nitrogen) and AATCC
129- (ozone) form 2 cycles, Rating 3 or better per color AATCC Gray
Scale for Color Change.
7. Chair pads are not required for carpet warranty coverage.
8. All carpet warranties are sole source responsibility of the Manufacturer. Second
source warranties or warranties that involve parties other than the Manufacturer
are unacceptable.
9. Carpet warranties must be official standard documents, not customized, and not
created on a job -by -job basis.
10. Carpet Warranties: Signed and notarized by a company representative.
11. Tuft Bind: Warrant that the carpet will have an average face yarn tuft bind of 10
pounds for Life of Carpet when tested using the ASTM D 1335 method. This
portion of the warranty must protect against insufficient tuft bind, whether the
carpet is dry or wet (as it might be during steam cleaning, hot water extraction, or
as a result of a broken pipe or flood).
12. Provide an installer's two year written labor and material warranty including
removal of any bubbles, repair of seams, joints or edges during the warranty
period.
B. Tile:
1. Provide an installer's two -year written labor and material warranty.
2. Should defects develop, including any loss of adhesion to the sub floor surfaces,
completely replace tile to the satisfaction of the Owner, at no additional cost to the
Owner.
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Floor Covering Improvements— Marathon Government Center
3.05 SUBMITTALS - Owner review and approval is required for the following submittals. When
submittals are marked approved by the Owner, that part of the work covered by the
submittal may proceed provided it complies with requirements of the Contract Documents;
final acceptance will depend upon that compliance. Allow sufficient review time so that
installation will not be delayed because of the time required to process submittals, including
time for re- submittals. Allow two weeks for initial review. Four copies will be required for
each submission. One copy will be returned to the Contractor with appropriate comments.
A. Carpet;
Provide manufacturer's standard color range for selection for carpet and
accessories.
2. Adhesives:
a. Provide manufacturer's safety data sheets.
b. Provide data on compatibility of floor slab treatments (sealers, curing agents,
cutback neutralizers) and identify any deleterious effects of such treatments on
submitted adhesives.
c. Provide substantiation of adhesive's compliance with required flame spread and
smoke propagation tests.
d. Provide data to substantiate compatibility with specified carpet's unitary pre -coat
treatment.
3. Low Emitting Materials:
(a) Submit manufacturer's Material Safety Data Sheet Indicating VOC limits of
all products.
(b) Submit manufacturer's certification that all products comply with the
GREENGUARD Product Emission Standard for Children & Schools or the
Standard Practice for The Testing Of Volatile Organic Emissions from
Various Sources Using Small -Scale Environmental Chambers, including
2004 Addenda. California Department of Health Services and the Carpet
and Rug Institute (CRI) Green Label Plus.
4. Maintenance Guidelines: Submit manufacturers recommended maintenance,
cleaning, cleaning equipment specifications and type, spot cleaning methods,
cleaning cycles, and repair procedures. Submit under provisions of requirements
for Closeout Submittals.
5. Test Results: Submit independent testing laboratory reports indicating that carpet
meets or exceeds the flammability tests required in FBC Chapter 8 and the
specifications for the manufacturer as required within this document.
6. Carpet Manufacturer's Adhesives Certification: Submit certification that adhesives
are compatible and recommended for use with specific carpet.
Floor Covering Improvements— Marathon Government Center
7. Mill Certification: Submit documentation and evidence that carpets delivered on site
meet the requirements of this specification. Include lot numbers and other data to
substantiate manufacture and quality of carpet.
8. Warranty: Provide blank warranty showing compliance with all data required by
"Warranty" above.
9. Manufacturer's published product/technical data and installation instructions.
FI-Affir
1. Product Data: Submit manufacturer's technical information and installation
instructions for materials required. Include complete maintenance
recommendations.
a. Furnish data sheets for tile, setting materials and admixtures
b. Submit manufacturer's certification that all products comply with
GREENGUARD Product Emission Standard for Children & Schools, RFCI
FloorScore Program, or the Standard Practice for The Testing Of Volatile
Organic Emissions from Various Sources Using Small -Scale
Environmental Chambers, including 2004 Addenda. California Department
of Health Services.
2. Samples for Initial Selection Purposes: Submit manufacturer's sample boards
consisting of actual tiles or sections of tile showing full range of colors, textures and
patterns available for each type of tile indicated. Include samples of grout and
accessories involving color selection.
3. Master Grade Certificates: Submit for each shipment and tile type, signed by the
manufacturer and installer.
4. Furnish Certificates of Compliance stating conformance with all requirements of
American National Standard Institute Specification ANSI A137.1 -2008
C. Resilient Wall Base
1. Product Data: Submit product data, including manufacturer's specification summary
sheet for specified products
2. Shop Drawings: Submit shop drawings showing layout, finish colors, patterns and
textures.
3. Samples: Submit selection and verification samples for finishes, colors, and textures.
4. Test Reports: Certified test reports showing compliance with specified performance
characteristics and physical properties.
5. Manufacturer's Instructions: Manufacturer's installation and maintenance
instructions
Floor Covering Improvements— Marathon Government Center
6. Maintenance Data: Maintenance data for installed products, Include methods for
maintaining installed products, and precautions against cleaning materials and
methods detrimental to finishes and performance.
7. Warranty: Warranty documents
3.06 DELIVERY & STORAGE
A. Tile - Deliver and store packaged tile, setting, and grouting materials in original
containers with seals unbroken and labels intact until time of use. Comply with
requirements of ANSI A137.1 for labeling sealed tile packages. Prevent damage or
contamination to materials by water, freezing, foreign matter or other causes.
B. Carpet - Deliver all materials to the installation site in the Manufacturer's original
packaging. Packaging to contain Manufacturer's name, product name and
identification number and other related information. Comply with CRI 104 and
manufacturers written instructions.
C. Adhesives and sealants shall be safely stored between 50° F and 80 °F.
D. Flammable materials shall be stored in a cool, dry area away from sparks and open
flames. Follow all precautions as outlined in manufacturer's Material Safety Data
Sheets.
E. Materials, having been determined by the owner /owner's representative to be
damaged, shall be immediately removed from the construction site and replaced at no
cost to the owner.
3.07 JOB CONDITIONS
A. Safety
1. Take all necessary precautions regarding Facility Users and worker health and
safety when creating dust and using solvents and adhesives. Tile saw use within
the facility will not be allowed.
2. Store flammable liquid and materials away from open sparks, flames and extreme
heat.
3. Provide all barriers, barricades, warning signs and "Excuse Our Dust" signs to
provide safe passage of all Facility users around areas of work.
4. Comply with all OSHA requirements for construction. It is the contractor's
responsibility to comply with all state, federal and local codes, guidelines and safety
requirements.
5. Daily site cleanup shall be performed to minimize debris, hazardous congestion and
to maintain a professional appearance.
3.08 COORDINATION
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Floor Covering Improvements— Marathon Government Center
A. Prior to commencement of work, a pre - installation conference will be held with the
Contractor, Facility Users and owner /owner's representative(s) to discuss the specified
flooring systems, its proper application and the expectations of all parties involved
including the coordination of moving furniture and people. The owner /owner's
representative shall notify all parties a minimum of ten days prior to the meeting.
B. Plan and coordinate the installation of the flooring systems in a phased manner that
minimizes impact on Facility Users and building operations. Work is to be conducted
at other than normal business hours when necessary to maintain Public access to
elevators and offices.
C. Prior to commencement of work, Contractor shall provide the Owner for approval, a
proposed phased schedule, showing a logical sequence of work.
D. All staging and storage areas are to be coordinated with the Owner and are to be
maintained in an organized manner.
PRODUCTS
3.09 GENERAL
A. All Acceptable Manufacturers: Subject to compliance with the specified requirements,
provide products by one of the following manufacturers:
Carpet - J + J Invision, a brand of J & J Industries or equal. Basis of design is
Integrity 2424 Broadloom as manufactured by J & J Industries. Any manufacturer
and /or product must meet or exceed those requirements specified under all
sections of these specifications.
2. Tile — Floridatile or equal — Basis of design is Craftsman "' Porcelain Floor Tile.
Any manufacturer and /or product must meet or exceed those requirements
specified under all sections of these specifications.
3.10 FLOORING MATERIALS
A. Carpet Broadloom Type 1:
1. Product: Integrity 2424 manufactured by J &J Industries or equal.
2. Color: As approved by Owner
3. Construction: Patterned Loop
4. Backing: PremierBac® Plus (standard backing)
5. Dye Method: Solution Dyed
6. Fiber Type: Encore® SD Ultima® (with recycled content)
7. Face Weight: 24 oz. /sy (814 grams /m2)
8. Pile Density: 7,763 oz. /y3 (287.86 kg /m3)
9. Gauge: 1/10 (3.94 rows /cm)
10. Stitches: 8.7 stitches /in (3.43 stitches /cm)
11. Pattern Repeat: 5/8" (w) x 5/8" (1) approx. (1.59 cm x 1.59 cm)
12. Soil Release: Yes
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Floor Covering Improvements— Marathon Government Center
14. Optional Treatments: No
15. Standard Size: 12 ft
16. Warranties: Lifetime Fiber Performance for Wear, Lifetime for Tuft Bind
Strength (edge ravel, yarn pulls, zippering), Lifetime Protection from
Delamination Failure, Lifetime Fiber Performance for Static, Lifetime
Colorfastness to Atmospheric Contaminants, Lifetime Stain Removal,
Lifetime Colorfastness to Light
17. Testing Specifications - Pill Test: Yes
18. Testing Specifications - Flooring Radiant Panel: Class 1
19. Testing Specifications - Smoke Density: Less than 450 flaming (ASTM E
662)
20. Testing Specifications - Static Test: Less than 3 kv (AATCC -134)
21. Testing Specifications - Lightfastness Test: Yes
22. Adhesives - Commercialon® Premium Carpet Adhesive, a high strength
latex -based carpet adhesive designed for all commercial carpet backing
with the exception of vinyl backed carpet, PVC, tile or sheet vinyl, is
recommended for use with PremierBac® Plus. Or as approved by the
Carpet Manufacturer.
23. Provide transition /reducing strips tapered to meet all abutting materials.
Provide edge strips made of extruded aluminum with a mill finish, unless
otherwise noted.
B. Porcelain Tile
1. All tiles are Standard Grade complying with ANSI A137.1 -2008 as
manufactured by Florida Tile Inc., Craftsman DI or approved equivalent.
2. Water Absorption (C -373) <0.5%
3. Break Strength (C -648) = 375 lbs. average
4. Scratch Hardness (MOHS Scale) = 7
5. Chemical Resistance (C -650) = Unaffected
6. Durability Classification (c -1027) = Class IV
7. Minimum Bond Strength (c -482) > =50 psi
8. Coefficient of Friction /Dry (C -1028) = 0.8
9. Coefficient of Friction/Wet (C -1028) = 0.6
10. Dynamic COF (Acutest) >0.42
11. Recycled Content (ISA- 14021) = 40%
12. Color: As approved by Owner
13. Provide transition /reducing strips or thresholds tapered to meet all
abutting materials. Provide bullnose tile or thresholds at all areas of
exposed tile edges, unless otherwise noted.
14. Dry-Set Portland Cement: ANSI 118.1 water retentive Portland Cement,
sand and special latex additives. Latices vary considerably. Follow
manufacturer's directions explicitly.
15. Commercial Portland Cement Grout: Pre - blended compound composed
of Portland Cement and additives formulated for the type tile installed.
Latex - Portland Grout: Use latex additive in grout compatible with Latex -
Portland Cement Mortar. In lieu of water, Security Grout Admix Plus
manufactured by SGM, Inc. or equal shall be used
C. Resilient Wall Base
Roppe 700 Series Base or equal
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Floor Covering Improvements- Marathon Government Center
a. Complies with ASTM F -1861 Type TP (Thermoplastic Rubber)
b. Thickness: 1/8" ( 3.175 mm) nominal
c. Contains 10% postindustrial recycled content
d. Color as selected by Owner from manufacturer's standard colors.
e. Profile (select one) Standard Toe (Cove base) 5/8 ", No Toe (Straight)
f. Nominal Height= 4" (101.6mm)
g. Lengths: 120' coils
h. Corners: Standard Toe, 4" outside corners are to be installed
EXECUTION
3.11 GENERAL: Examine substrates, areas, and conditions, with installer present, for
compliance with requirements for maximum moisture content, alkalinity range,
installation tolerances, and other conditions affecting carpet and tile performance.
Examine carpet and tile for type, color, pattern, and potential defects. If necessary, the
Contractor is responsible for the undercutting of all doors to provide for their unencumbered
swing.
A. Carpet
Comply with Carpet and Rug Institute publication CRI 104 for installation of
carpet and with carpet manufacturer's written installation instructions for
preparing substrates indicated to receive carpet installation.
2. Include all required work to prepare the floor for installation of the product as
specified.
3. Ensure all materials used in subfloor preparation and repair are
recommended by the carpet manufacturer and are chemically and physically
compatible with the carpet system.
4. Remove sub -floor ridges and bumps. Fill minor or local spots, cracks, joints,
holes, and other defects with sub -floor filler. Grind concrete to remove ridges,
lumps, and other deviations above the flat floor.
5. Installation to proceed as specified per the Manufacturer's published
installation instructions.
6. Verify carpet match before cutting to ensure minimal variation between dye
lots.
7. Trim and scribe carpet, to allow intended seam and pattern match. Make
cuts straight, true and unfrayed.
8. Locate seams in area of least traffic.
9. Form seams straight, not overlapped or peaked, and free of gaps.
10. Lay carpet tight and flat on sub floor, well secured at edges, with a uniform
appearance. Provide monolithic color, pattern, and texture match within any
one area.
Floor Covering Improvements— Marathon Government Center
11. Do not change run of pile in any room where carpet is continuous through a
wall opening into another room. Locate change of color or pattern between
rooms under door centerline.
0
12. Cut and fit carpet around interruptions.
13. Fit carpet tight to intersection with vertical surfaces without gaps.
13. Wall bases are scheduled at all new flooring, cut carpet tight to walls. Fit
carpet tight to vertical interruptions, leaving no gaps.
14. Install the following products under provisions of the respective
manufacturer's instructions:
a. Carpet Saddles.
b. Joiners.
C. Transitions.
d. Flooring accessories.
15. Cleaning:
a. Remove excess adhesive without damage from floor, base, and
wall surfaces.
b. Clean and vacuum carpet surfaces using a beater brush /bar
commercial vacuum after installation.
C. Leave all usable scraps of carpet for use by the Owner.
d. Dispose of carpet remnants, containers, packaging materials and
other related refuse off site.
e. Owner's Dumpsters: Do not utilize for disposal of items related to
carpet or its installation.
16. Protection:
a. Prohibit traffic from carpet areas for 24 hours after installation.
b. Cover areas to receive foot traffic with undyed, untreated building
paper. Maintain covering until final cleaning.
C. Until completed areas are accepted by Owner, replace damaged
or improperly installed carpet at no additional cost to Owner.
Tile
Comply with applicable parts of ANSI A -108 Series for ceramic tile
installation.
2. Extend tile work into recesses, and under and behind equipment and fixtures
except where otherwise shown. Fit tile to electrical outlets, piping, fixtures
and other penetrations so that plates, collars or covers overlap tile.
3. Accurately form intersections and returns. Perform cutting and drilling of tile
without marring visible surfaces. Carefully grind cut edges of tile abutting
trim, finish or built -in items for straight aligned joints.
4. Grout tile to comply with referenced installation standards, using grout
materials indicated. Installation to comply with ANSI A108.10. Force grout
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Floor Covering Improvements— Marathon Government Center
into joints to fill solid. Remove and re -grout discolored joints. Fill voids in
joint grout.
5. Mix and install proprietary grout components to comply with grout
manufacturer's directions. Utilize grout admixture designed for stain
protection when used with Portland cement based grouts in lieu of mixing
water.
6. Joints:
a. General: Place tile joints in uniform width, subject to variance in
tolerance allowed by tile size. Make joints watertight, without
voids, cracks, excess setting material, or excess grout.
b. Joint widths: Shall be per manufacturer's published
recommendations.
C. Jointing Pattern: Unless otherwise shown, lay tile in grid pattern.
Align joints when adjoining tiles on floor; base, walls and trim are
same size. Lay out tile work and center tile fields in both
directions in each space or on each wall area. Adjust to minimize
the cutting and to avoid cut tiles less than one -half the tile size.
Provide uniform joint widths, unless otherwise shown
7. Sound tile after setting. Replace hollow sounding units.
8. Upon completion of grouting, and before grout is completely dry, clean all tile
surfaces to ensure they are free of all foreign matter. Remove haze (residue)
on the resulting from grouting as soon as possible. Any remaining hazing or
residue will be unacceptable.
9. Do not clean tile with acid solutions or chemical cleaners unless in
accordance with both tile and grout manufacturer's' written recommendations.
10. Leave installations finished, clean, and free of chipped, broken, cracked,
loose or other defective the work.
11. Protect final tile installation in a manner so as to maintain conditions, to
ensure tile work will not deteriorate or be damaged at time of Substantial
Completion.
12. Just prior to acceptance, remove protective paper and rinse neutral cleaner
from surfaces of tile. Dry and lightly buff.
C. Resilient Wall Base — To be installed at all areas of new flooring (carpet and tile)
installation.
1. Comply with manufacturer's instructions for installation along with
recommended adhesive. Manufacturer's pre - molded outside corners shall be
provided and installed.
2. Verify substrate conditions are acceptable for installing product in accordance
with manufacturer's instructions.
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Floor Covering Improvements— Marathon Government Center
3. In accordance with manufacturer's installing requirements, visually inspect
materials prior to installing. Material with visual defects shall not be installed.
4. Protect adjacent work areas and finish surfaces from damage during product
installation.
5. Repair or replace damaged installed products. Prior to owner's acceptance,
clean all installed products in accordance with manufacturer's instructions.
Remove construction debris from project site and legally dispose of debris.
4. THE CONTRACT AMOUNT
A. The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract per Paragraph 4.6 of which follows, the Contract sum of Seventy two
thousand nine hundred eight and 00/100 Dollars ($72,908.00).
B. This paragraph specifies administrative and procedural requirements necessary to
prepare and process Applications for Payment.
Bar -Chart Schedule: Prepare a fully developed, horizontal bar - chart-type,
contractor's construction schedule. Submit to Owner for approval within ten
days after the date of Notice to Proceed.
a. Provide a separate time bar for each significant administrative and
construction activity. Provide a continuous vertical line to identify the first
working day of each week.
b. The time line between the Notice to Proceed and substantial completion is
not to exceed one hundred and twenty days unless approved by the
Owner.
2. Application for Payment: Partial progress payments may be issued to the
Contractor with the Owner's approval and with submission of properly executed
invoice and partial release of liens. Ten percent retainage will be withheld on all
progress payments. When the final work is accepted by the owner, the
contractor shall invoice the County for full and final payment.
A. The owner may decline to make payment, may withhold funds, and if
necessary, may demand the return of some or all of the amounts
previously paid to the contractor, to protect the owner from loss because
of:
1. defective work not remedied by the contractor nor, in the opinion of the
owner, likely to be remedied by the contractor;
2. claims of third parties against the owner or the owner's property;
3. failure by the contractor to pay subcontractors or others in a prompt and
proper fashion;
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Floor Covering Improvements— Marathon Government Center
4. evidence that the balance of the work cannot be completed in
accordance with the contract for the unpaid balance of the contract
price;
5. persistent failure to carry out the work in accordance with the contract;
6. damage to the owner or a third party to whom the owner is, or may be,
liable.
In the event that the owner makes written demand upon the contractor for
amounts previously paid by the owner as contemplated in this subparagraph,
the contractor shall promptly comply with such demand.
3. When all of the work is finally complete and the contractor is ready for a final
inspection, it shall notify the owner thereof in writing. Thereupon, the owner will
make final inspection of the work and, if work and all submissions are complete,
in full accordance with this contract and this contract has been fully performed,
the owner will promptly issue a final certificate for payment certifying that the
project is complete and the contractor is entitled to the remainder of the unpaid
contract price, less any amount withheld pursuant to this contract. Guarantees
required by the contract shall commence on the date of final completion of the
work. If the owner is unable to issue its final certificate for payment and is
required to repeat its final inspection of the work, the contractor shall bear the
cost of such repeat final inspection(s), which cost may be deducted by the
owner from the contractor's final payment.
4. The contractor shall not be entitled to payment unless and until it submits to the
owner invoices with supporting documentation acceptable to the Clerk of Court
of which may include partial and final releases and waivers of lien; releases and
waivers of lien from all subcontractors of the contractor and of any and all
parties required by the owner. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may
govern the Clerk's disbursal of funds. The County designates the Clerk of
Courts as its agent under the Local Government Prompt Payment Act, Florida
Statues Section 218.735
5. Acceptance of final payment by the contractor shall constitute a waiver of all
claims against the owner by the contractor except for those claims previously
made in writing against the owner by the contractor, pending at the time of final
payment, and identified in writing by the contractor as unsettled at the time of its
request for final payment.
C. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be
made by the Owner to the Contractor when the Contract has been fully performed by
the Contractor.
5. WARRANTY
A. The contractor warrants to the owner that all labor furnished to progress the work
under this contract will be competent to perform the tasks undertaken, that the product
of such labor will yield only first -class results, that materials and equipment furnished
15
Floor Covering Improvements— Marathon Government Center
will be of good quality and new unless otherwise permitted by the contract, and that the
work will be of good quality, free from faults and defects and in strict conformance with
the contract and warrant same for a period of two years commencing at final
completion. This two -year warranty is inclusive of all labor, transportation, equipment
and material cost with no cost to the owner and is inclusive with the manufacturer's
warranty noted in Paragraph 3.04 above. All work not conforming to these
requirements may be considered defective.
6. CHANGES IN THE WORK
A. Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating
this agreement, by change order or by field order.
B. Change order shall mean a written order to the contractor executed by the owner,
issued after execution of this agreement, authorizing and directing a change in the
work or an adjustment in the contract price or the contract time, or any combination
thereof. The contract price and the contract time may be changed only by change
order.
C. Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced
by (1) the change in the contract price being set forth in the change order, (2) such
change in the contract price, together with any conditions or requirements related
thereof, being initialed by both parties and (3) the contractor's execution of the change
order, or (b) if no mutual agreement occurs between the owner and the contractor,
then the change in the contract price, if any, shall then be determined by the owner on
the basis of the reasonable expenditures or savings of those performing, deleting or
revising the work attributable to the change, including, in the case of an increase or
decrease in the contract price, an allowance for direct job site overhead of 5 %, and
profit 5% will be utilized.
D. The execution of a change order by the contractor shall constitute conclusive
evidence of the contractor's agreement to the ordered changes in the work, this
agreement as thus amended, the contract price and the contract time. The
contractor, by executing the change order, waives and forever releases any claim
against the owner for additional time or compensation for matters relating to or arising
out of or resulting from the work included within or affected by the executed change
order.
7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. This Agreement and the provision of the services at the location listed have been fully
considered by the Contractor, who understands the same and agrees to their
sufficiency and suitability. Under no circumstances, conditions, or situations shall this
Contract be more strongly construed against the County than against the Contractor.
B. The passing, approval, and /or acceptance by the County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
Failure on the part of the Contractor, immediately after Notice to Correct shall entitle
the County, if it sees fit, to correct the same and recover the reasonable cost of such
16
Floor Covering Improvements— Marathon Government Center
replacement and /or repair from the Contractor, who shall in any event be jointly and
severally liable to the County for all damage, loss, and expense caused to the County
by reason of the Contractor's breach of this Contract and /or his failure to comply
strictly and in all things with this Contract and with the specifications.
8. INDEMNIFICATION /HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason
of, or in connection with, (A) any activity of Contractor or any of its employees, agents, sub-
contractors or other invitees during the term of this Contract, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, sub - contractors or other invitees,
or (C) Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Contract, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses relate to events or circumstances that occur during the term of this
Contract, this section will survive the expiration of the term of this Contract or any earlier
termination of this Contract.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of this
agreement.
In the event that the service is delayed or suspended because of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses or lost revenue resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by
the insurance requirements contained elsewhere within this agreement. The provisions of
this section shall survive the expiration or earlier termination of this agreement.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the Contractor or
any of his /her employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
10. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
17
Floor Covering Improvements— Marathon Government Center
recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
11. ASSIGNMENT /SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Contractor, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for therein,
such approval shall in no manner or event be deemed to impose any obligation upon the
board in addition to the total agreed -upon price of the services /goods of the Contractor and
compensation to County.
12. COMPLIANCE WITH LAW
In providing all services /goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the Contractor. The Contractor shall possess proper licenses
to perform work in accordance with these specifications throughout the term of this contract.
13. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the contract,
the Contractor shall furnish to the County Certificates of Insurance indicating the minimum
coverage limitation as listed below:
A. General Liability — include as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be $500,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $500,000 per
person; $500,000 per Occurrence; and $500,000 Property Damage.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made Policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of 48 months following the termination or
expiration of the contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
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Floor Covering Improvements— Marathon Government Center
B. Vehicle Liability — include as a minimum:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $100,000 per
Person; $300,000 per Occurrence; and $50,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED
AS ADDITIONAL INSURED.
C. Workers Compensation — limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain a
minimum rating of A -VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized
self- insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and Certificate of Insurance, providing details on the Contractor's
Excess Insurance Program.
If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
14. CONTRACTOR'S RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed herein, subject to the terms and conditions set forth in these
contract documents. Contractor shall at all times exercise independent judgment and shall
assume responsibility for the services to be provided.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY
Director, Middle Keys Operations
Monroe County Facilities Maintenance
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Floor Covering Improvements— Marathon Government Center
10600 Aviation Blvd.
Marathon, FL 33050
16.
17
18.
AND
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR OR
Brooks W. Thommes
P.O. Box 430141
Big Pine Key, FL 33043
REPRESENTATIVE AT JOBSITE
FOREMAN
Notice shall be deemed received when hand delivered, delivered by mail, or when deemed
undeliverable by the U.S. Postal Service.
CANCELLATION
A) In the event that the Contractor shall be found to be negligent in any aspect of
installation, stocking, maintenance, repair, or service, the County shall have the right
to terminate this agreement after five days written notification to the Contractor.
B) This contract may be terminated for convenience by County upon ten
(10) days written notice to contractor delivered by hand or certified mail, return
receipt requested, of intent to terminate and the date on which such
termination becomes effective. Contractor shall cease work as directed. In such
case, Contractor shall be paid for all work executed and termination expenses,
and expenses incurred prior to termination. No payment shall be made for profit
for work that has not been performed.
GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the agreement, the County and Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
20
Floor Covering Improvements— Marathon Government Center
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor or not paid to County pursuant
to this Agreement were spent for purposes not authorized by this Agreement or wrongfully
retained by Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been
paid.
19. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of
this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
20. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing
party, and shall include attorney's fees, court costs, investigative, and out -of- pocket
expenses in appellate proceedings.
21. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the County and Contractor and their respective legal representatives,
successors, and assigns.
22. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate or individual action, as required by law.
23. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant Bids, and funding solicitations shall be approved by each party
prior to submission.
21
Floor Covering Improvements— Marathon Government Center
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
Paragraph 16 concerning cancellation.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
26. NONDISCRIMINATION
Contractor agrees that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. County or Contractor
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of
the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII
of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination
on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age. 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
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Floor Covering Improvements— Marathon Government Center
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
28. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
29. NO SOLICITATION /PAYMENT
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
30. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statues, and made or received by the
County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
31. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the
County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self- insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the County be required to contain any provision for
waiver.
32. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers agents or employees of any of any public agents or
employees of the County, when performing their respective functions under this Agreement
within the territorial limits of the County shall apply to the same degree and extent to the
23
Floor Covering Improvements— Marathon Government Center
performance of such functions and duties of such officers agents, volunteers, or employees
outside the territorial limits of the County.
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
state statute, and case law.
34. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the County and the Contractor
agree that neither the County nor the Contractor or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
35. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
36. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
37. EXECUTION IN COUNTERPARTS
This Agreement may be executed in
regarded as an original, all of which
instrument any of the parties hereto
counterpart.
any number of counterparts, each of which shall be
taken together shall constitute one and the same
may execute this Agreement by signing any such
38. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
24
Floor Covering Improvements— Marathon Government Center
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
(SEAL)
Attest:
AMY HEAVILIN
By:
Clerk
Date:
(SEAL)
Attest:
By:
WITNESS
Title:
By:
WITNESS
Title:
Title:
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
CONTRACTOR
LIM
25
Floor Covering Improvements— Marathon Government Center
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for the
counterparts, be deemed an original contract.
HEAVILIN
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
% - . ---
3 By. A-wv- � V o 4,(-, --V
Clerk ayor /Chairman
0
Date: ' ) 1 w
(SEAL)
Attest:
By:
WITNESS
a
CONTRACTOR
Title:
0
WITNESS
Title:
By:
..
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O
0
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Title: T ie /yEVT, ��l�lJ �iUT ZN'C.
Date: / 1
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Date r 6 A l-
25
Floor Covering Improvements— Marathon Government Center
PINEENT -02 MATERAT
.4COR0"
�- CERTIFICATE OF LIABILITY INSURANCE
DATE (Milm VYYYY)
10/18/2013
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: H the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. K 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
Insurance Office of America - MIA
1150 NW 72nd Avenue, Suite 530
Miami, FL 33126
CONTACT
NAME:
PHONE 786 464 -1516 Arc No : 786 464-1517
Arc
A DDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC tt
INSURERANinings Insurance Company
16632
INSURED
Pinewood Enterprises Inc
PO Box 430141
Big Pine Key, FL 33043
INsultm a Ownem Insurance Company
32700
INSURER C:
EACH OCCURRENCE
INSURER D:
PREMISES a occurrence
INSURER E:
MED EXP (Any one person)
INSURER F:
PERSONAL d AM INJURY
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V%ATH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
Y
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GLP006982204
8/18/2013
&M&'2014
EACH OCCURRENCE
$ 1,000,00
PREMISES a occurrence
i 100,00
MED EXP (Any one person)
$ 5,000
PERSONAL d AM INJURY
ll 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GENL AGGREGATE LIMIT APPLIES PER:
X LOC
POLICY PRO- CT
JE
PRODUCTS - COMP/OP AGG
$ 2,000,00
$
B
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS AUTED
4811378400
8/18/2013
8/18/2014
COMBI IMIT
S 1,000,00
BODILY INJURY (Per person)
i
BODILY INJURY (Per accident)
$
R ACCIDENT)
i
UMBRELLA LIAB
EXCESS LIAR
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
t
AGGREGATE
$
DED I I RETENTIONS
$
MIORIORS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVE YIN
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
K es, describe under
DESCRIPTION OF OPERATIONS below
MIA A
I(
B
'
W V
T
1M
TRY I ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space Is requUed)
Monroe County Board of County Commissioners are additional insured as respects to general liability as required under written contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners
1100 Simonton St
AUTHORIZED REPRESENTATIVE
®1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
I DATE (MM/OD/YYVYI
A.vvclwvra CERTIFICATE NUMBER:
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
AOn Risk Services Northeast, Inc.
New York NY Office
. ACT
ME Ryk Menrigernent
FA%
AIC II 088 443-8489 A2 xo : aoc SS9aoz1
-
N
ADDRlS$: wtwk Arwl mn1
199 Water Street
New York, NY 10038 -3551
Sit
LTR
T_ OF INSURANCE
INSURED
TrlNel HR Corporation and all Its affiliates and subsidiaries"
Pinewood Enterprises Inc (Endorsed as alternate employer)
IN SURERS) AFFORDIN COVERAGE
INS URER A: Co a Industry I Co
NAIC I
19410
INSURER
INSURER e: 11 National In c
27817
9000 Town Center Parkway
INSURER C: Ins Cc Stale of Pam
19429
Bradenton, FL 34202
INSURER O: Nall Unbn Fire Ins Co
19445
J3rCULL GENERAL L_ i
INSURER E: New Hampshire Ins r.o
23841
DAMAGE r� O RENTED
INSURER F:
�CUMJS -MADE
A.vvclwvra CERTIFICATE NUMBER:
REVISION NUMBER:
HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICY PERIOD
NDICATED. "I T' ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT
WITH RESPECT TO WHICH THIS
ERTIFICATE MAY eE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
XCLOSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LEN1s
Sit
LTR
T_ OF INSURANCE
POLR:Y EFF POLICY F](P
POLICY NURSER
shown are as ro ueeted
_ . _. vryD
f
MN __y MIDOIYVYY
users
~—
OEIRAI LIAEYLRY
EACH OCCURRENCE
'
J3rCULL GENERAL L_ i
EI\
DAMAGE r� O RENTED
�CUMJS -MADE
1 t
IPREMISES(E.�omnwav
' MED
(OOCJR i
ry1��A
'- • —. -- - -- —. 1 ►IAIV
EXP
PERSONAL&AW:NJURY
S --
OENi AGGREGATE LIMIT AoPl1 PER: VV
- GENERAL AGGREGATE
$
POLICY 'PROJECT I LOC
PR000CTS -CCK1 PALO
S
AUTOMOBILE LIABILITY
NED I 'LE suT
ANY AUTO _
ALL OWNED
'
Eadi accesnl
S
13ODLY NJUR YYPer ,—n
5 - -1
SC41EVULED
. AUTOS i AUTOS 19DOLY
• _i
NJURY (Per
"WED AUTOS N o " I i
.cctlW
PROPERTY DAMAGE
$
1
UM U
aREA LIAR L— OCCUR
{'
1 $ '
EXCESS UAa I CLAIMS-MADE
I
:ACH OCCURRENCE
I
r
•' - -- TIuAen °' i; a
AND EMPLOYERS• LIABILITY y/111
AM'P — R
E -.E TNEEE %�UrryE `
UJIIAU I ZJB (t 07/01/2013 07101/2014
DF IdER cly In N E%CLUDEDT 7 N/A
(
I Mermetby m NH) L — I EAC
j II M. descries uM ' I ' E'" E L_DISE
DESCRIPTION OF OPERATIONS b0m i
E.L ^ _OiSE
i � I
6ESCRIPTION OF OPERATIONS I LOCATIONS I CO
VEN:CLES Atreeh ARD 101, Additional Remarlw Sch EM, it more span is npuwWl: 927M 1 7Y6
L TT Npl HR 11, Inc. and TnNet HR V. Inc.
$2.000,00:
❑I%IIrlU^It HULOER _ CANCELL - -- -. —... --
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Monroe County Board Of County Commissioners BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
1100 Simonton Street DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Key West, FL 33040 l At,T I R lCl YCUncccor. .,c
Aon Risk Services Northeast, Inc.