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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16, 2013 Division: Public Works Bulk Item: Yes x No _ Department: Facility Maintenance/Corrections Staff Contact Person/Phone#: Bob Stone 797-1458 AGENDA ITEM WORDING: Approval for Monroe County Board of County Commissioners to award bid and execute contract, to Pinewood Enterprises Inc., for the "Floor Covering Improvements— Marathon Government Center"project. ITEM BACKGROUND: On September 3, 2013, two bids were received for this project. After review of bids received, Pinewood Enterprises, Inc. was found to be the lowest, conforming, responsible bidder. PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013, MCBOCC approved to advertise for bids to install new tile and carpet within the Marathon Government Center CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $72,908.00 BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: Next conforming bidder was 3 1%higher COST TO COUNTY: $72,908.00 SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH AMOUNT PER YEAR APPROVED BY: County Atty OMB/Purchasing Risk Management,nq� DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MEMORANDUM DATE: SEPTEMBER 12, 2013 TO: DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR FROM: BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR RE: FLOOR COVERING IMPROVEMENTS — MARATHON GOVERNMENT CENTER Bids were received July 3, 2013 for the Floor Covering Improvements-Marathon Government Center project, with the following results: 1. Acousti Engineering Co. of FL @ $105,500.00 2. Pinewood Enterprises Inc. @ $72,908.00 After review, it is apparent that Pinewood Enterprises is the lowest, conforming, responsible bidder. Due to these findings, Pinewood Enterprises, Inc. is recommended for award of this contract. The budgeted amount for this project is $70K. Please let me know if there are any questions or more information is desired. d s a- t N .a d � y •N C WrL t u u o1 Z r- N o� W o U o o F. Z o � o D o o t o > O Lr rn d d O Ln �, o Q n Z3 O Z d } a p m � > Z et oL -'Do v W W ZW ri Z' c L Za � N F- H } d LL W Z M W ov'i a N � GDOW E a LE -v N W p } F• N � � c J O Z W O Q Q w W to a m Z Z o = a W N 2 3 c Q U m (A F- Q cd y $' W` LL L W U O Z a 3 0 > r- r•, v O OC O U) s Y -° 01 3 O U � cmo O F L N LL w ? a dIL p £ r o r LU ui Z W uj to vi F a Z w a s + o cn ;- u v f- w p C = d d c� Z p d } c I LU a d v w v- z4- L L. m O d H u U- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pinewood Enterprises,Inc Contract#PWD 63-0-2013 Effective Date: October 16, 2013 Expiration Date: Final Payment Contract Purpose/Description: Flooring Improvements—Marathon Government Center Contract Manager: Bob Stone 6077/3995 Facilities - 9 or 16 (Name) (Ext.) (Department/Stop#) for BOCC meeting on Oct. 16,2013 Agenda Deadline: Oct. 1, 2013 CONTRACT COSTS Total Dollar Value of Contract: $ 72,908.00 Current Year Portion: $ 72,908.00 Budgeted? Yes® No ❑ Account Codes: 001-20501-560620- - Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $8,000/yr For: Maintenance (Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Elate In Needed Reviewer Division Director 9J.10 13 Yes[:]No[v� 011413 Risk Management qt[7"j Yes❑ Nop - - g' q�l'► t3 O.M.B./Purchasing Yes[-]No❑ 13 County Attorney Yes[-] No Comments: OMB Form Revised 2/27/01 MCP#2 AGREEMENT FLOOR COVERING IMPROVEMENTS—MARATHON GOVERNMENT CENTER CONTRACT MONROE COUNTY PINEWOOD ENTERPRISES,INC. THIS AGREEMENT, made and entered into this 10T" 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. 1 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: 1. 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. 2 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/Al 18 Series on site. (e) Tile - Source of Materials: Provide materials obtained from one source for all the 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 the 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. 3 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 tile 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 4 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. 5 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; 1. 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. 6 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. B. Tile 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 tile 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 7 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 8 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: 1. 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 I 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 9 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 DP 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 FrictionNVet (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 1. Roppe 700 Series Base or equal 10 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 the 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 1. 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. 11 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. 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. B. Tile 1. 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 the 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 12 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 the 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 the fields in both directions in each space or on each wall area. Adjust to minimize tile 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 the and grout manufacturer's' written recommendations. 10. Leave installations finished, clean, and free of chipped, broken, cracked, loose or other defective tile 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. 13 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 4.13 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. 1. 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; 14 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. 18 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 19 Floor Covering Improvements—Marathon Government Center 10600 Aviation Blvd. Marathon, FL 33050 AND Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR OR REPRESENTATIVE AT JOBSITE Brooks W. Thommes FOREMAN P.O. Box 430141 Big Pine Key, FL 33043 Notice shall be deemed received when hand delivered, delivered by mail, or when deemed undeliverable by the U.S. Postal Service. 16. 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. 17. 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. 18. 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. 22 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 any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument any of the parties hereto may execute this Agreement by signing any such counterpart. 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) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN OF MONROE COUNTY, FLORIDA By: By_ Clerk Mayor/Chairman Date: (SEAL) CONTRACTOR Attest: By: By: WITNESS Title: /;� -� Title: �ie /!�Ez1i T. P/�J,61jwz) bJ7 ZN'C_ By: Date: f WITNESS 01 Title: OE COU A NEY P VED A M ISTANT C UNTY ATT R Y Date 16 ��- 25 Floor Covering Improvements—Marathon Government Center SECTION TWO RESPONSE FORMS SUBMISSION RESPONSE FORM FLOOR COVERING IMPROVEMENTS MARATHON GOVERNMENT CENTER BID TO: MONROE COUNTY•BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 The undersigned, having carefully examined the Work, contract specifications, contract drawings, Bid and addenda thereto and other contract documents for the construction of: FLOOR COVERING IMPROVEMENTS—MARATHON GOVERNMENT CENTER and having carefully examined the site where the work is to be performed, having familiarized himself/herself with material availability, Federal, State and local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material,' equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with'said specifications and other contract documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, tog.ether with the local sources of supply and that he/she understands the conditions under which the Work'is to be performed. The successful bidder shall assume the risk of any and all costs and delays"arising from the existence of any subsurface or other latent physical condition, which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection, and examination of the site. In the event of a conflict between the base bid in words and the base bid in numbers, the base bid in words will control. *Seventy two thousand nine hundred eight and no--*Dollars. (Total Base Bid—words) $ *72,908.00* acknowledge receipt of Addendum(a) No.(s) 1 I have included: 22 Marathon Government Center Addendum No.1 -Flooring Improvements-Marathon Government Center ADDENDUM NO.1 August 27, 2013 To all bidders of record on the Work titled: Flooring Improvements Marathon Government Center BID-None-63-0-2033/ee The information contained in this Addendum adds, modifies, supplements or replaces information contained in the RFB and is hereby made a part of the Contract Documents. SECTION ONE: INSTRUCTION TO BIDDERS Item #1: Paragraph 19 - Delete "Expanded Definition of Property Damage" - Disregard any reference to the "Expanded Definition of Property Damage" Item #2: Renumber Paragraph "EXECUTION 3.10" to "EXECUTION 3.11" Item #3: Renumbered Paragraph 3.11 -At the end of the paragraph add the sentence "If necessary, the Contractor is responsible for the undercutting of all doors to provide for their unencumbered swing" SECTION THREE: DRAFT AGREEMENT Item #4: Paragraph 13.A - Delete "Expanded Definition of Property Damage" - Disregard any reference to the "Expanded Definition of Property Damage" Item #5: Renumber Paragraph "EXECUTION 3.10" to "EXECUTION 3.11" Item #6: Renumbered Paragraph 3.11 -At the end of the paragraph add the.sentence "If necessary, the Contractor is responsible for the undercutting of all doors to provide for their unencumbered swing" END OF ADDENDUM Page 1 of 1 o The Submission Response Form j o Lobbying and Conflict of Interest Clause Form o Non-Collusion Affidavit V J o Drug Free Workplace.Form o Bidder's Insurance and Indemnification Statement o Insurance Agent's Statement o Local Preference Form In addition, I have included a current copy of the following professional and occupational licenses or explained how it will be obtained: Fla iud.4 d&2n O tZ t�enero-e- DER-ho"i,a-t. Ger Check mark items above as a reminder that they are included.l Mailing Address: 127 IndustraiI Rd Rui tP F Telephone: 305_877_2033 wig Pi nP xP�4, Fr -A'1n43 Fax: 30s_u77_7977 Date: Signed: -= Witness: "'�� (Seal) Brooks Thommes (Name) Praai Hlmni- (Title) 23 Marathon Government Center LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Brooks Thommes (Company Officer/Partner/Individual) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or zotherwise recover, the full amount of any fee, commission,percentage, gift, or consideration paid to th0ormer County officer or employee". h� �=-- _� (Signature) Date: �; STATE OF: Ftnri da COUNTY OF: -Monrnp- Subscribed and sworn to(or affirmed) before me on _te,+ p (date) by— ooks Thnmmp- (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) SA AM $ANTOS INN`\\tltitl#IINtllj�f cSA •'-,��sslON`'% TARY PUBLIC 17 • My commission expires: •1 ST 24 Marathon Government Center NON-COLLUSION AFFIDAVIT I, Brooks Thommes of the city of R;a Rine X044 according to law on my oath, and under penalty of perjury, depose and say that: 1. lam President of the firm of Pinewood P.ntPr=ri _sP`,Tnc_ making the Bid for the services/work/project described in the Request for Bids for: Marathon Couprnmi-nf- Caknt-a5 f 1 por and that I executed the said Bid with full authority to do so: 2. The prices in this bid/Bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 3. Unless otherwise required by law, the prices and percentage of return which have been quoted in this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidault in awarding contrap0or the project/services/work. ignature of B dder) (Date STATE OF: Florida COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME,the undersigned authority, Brooks Thommes who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of LAA4 }' 2Q . \\\\\liillllllf////l MIA AINT08 jTXfXRY PUBLIC :E*: ;QEMy Commission Expires: Lt 111114 f+y 25 Marathon Government Center DRUG-FREE WORKPLACE FORM The undersigned Contractor/bidder/responder in accordance with Florida Statute 287.087 hereby certifies that: Pinewood Enterprises, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature 13011.3 Date WA SANTOS N\ �s bNjjs OTARY PUBLIC roog ;*_My Commission Expires: 7 1 rT 1 17 aLQ64 :o� 26 Marathon Government Center Bidder's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $500,000/$500,000/$500,000 General Liability $300,000 Combined Single Limit or $100,000/$300,000/$50,000 Vehicle Liability $300,000 Combined Single Limit or $100,000/$300,000/$50,000 IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR 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 AGREEMENT, (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 AGREEMENT, 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 AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration 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. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Brooks Thommes Bidder Signature 27 Marathon Government Center INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. POLICY 11 DEDUCTIBLES ��e.�'rs_I �.`a�0i I�`T— � OC3C�, �' <.c',tri.�'•(`•2+(�C�..- Liability policies are Occurrence aims Made mr,)�5 aj(\C,3 'ca Of -R,"� Insurance Agency ATY11-0"l Car Signature /' Print Name: Po\^t\•c?t Cl 1�t Yy1.3 28 Marathon Government Center LOCAL PREFERENCE FORM A.Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Brooks Thomme s Date: 8—3 0—1 3 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? yes —(Please furnish copy. ) 2.Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County?yes List Address:_ 127 Industrial Rd. Suite E Big Pine Key, FL 33043 Telephone Number: 3 0 5—8 7 2—2 0 3 3 B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location? yPG If yes,please provide: 1.Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2.Subcontractor Address within Monroe County from which the subcontractor operates: 24750 erseas Hwy Surnmerl and KeyTel.Number 305-745-8502 FL 3 42 Print Name: $rOC1kS ThnmmPG ignature and Title of Authorized Signatory for Bidder/Responder STATE OF Florida COUNTY OF Monroe IS 2 On this day of Ault 20 7 before me, the undersigned notary public, personally appeared RrnnkG ThQmmP_s ..!!known tg me tQ be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference F rm for the purposes therein contained. a Pu i ry •'�Otbi(ttSSj'•T0, Print Name ; • 'r s A� •� co _ My commission expires: 1_]7_ SeaL'�I` ftu 30 Marathon Government Center STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 THOMMES, BROOKS W PINEWOOD ENTERPRISES INC PO BOX 430141 BIG PINE KEY FL 33043 srATE aFLORI�P ACC# 6 2 9 6 6$ L Gongrans licensed With this Department become one of the nearly one million DEF2WTMENT-OF' BUSINESS kND- Floridians licensed by the.Department of Business and Professional Regulation. PRg;'F.,S$IONAL;,REGU).ATION Our professionals and businesses range from architects to yacht brokers,from .. x boxers to barbeque restaurants,and they keep Florida's economy strong. CGC014805.::." OSF23/.12, 120078420 Every day we work to improve the way we do business in order to serve you belts For information about our services,please log onto www,myfloridalleense.com. CERTTFIE{3'G=' RAL C0N•TRACTOR There you can find more information about our divisions and the regulations that THibt169E8, BROOKS W Impact you,subscribe to department newsletters and team more about the PINEWOOD BNfiER7?RTSES -INC Department's initiatives. Our mission at the Department is:License Efficiently,Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. s eh.489 rs o Thank you for doing business in Florida,and congratulations on your new licensei is s, C.Eoa AIIGRTxFZEn radar—.the provisions 2014 L12'082302437 Lam--- --' DETACH HERE ACA629.66,81, ,STATE OF FLORIDA. D 1 .ART Q $ZT##�2NE$5 AND � ogn'SI02JAI. `REGULATION ONS.T UCTTON ppUy4TR 1ICEN9XNG BOARD SEQ#L12082302437 LIGENSS NBR 08/23,12012 120070t-2O CC3CA148$5: The OElgEkAL"C��NTRACTOR A7a�rted hel"a CUI2TTFIETZ Under the provisions of @haptpr 1189 -PS, Expiration date: AUG. 31, 2614,1-t- THOMM£S; 'BROOKS,W. PINEWOOD ERPRISE$ INC PO BOX 141 BIG PINE KEY FL 33043=0141 " RICK' SCOTT KEN LAWSON 80.7ERNOR SECRETARY DISPLAY AS REQUIRED BY LAW 2012 / 2013 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2013 RECEIPT#30140-6495 Business Name: PINEWOOD ENTERPRISES INC Owner Name: THOMMES BROOKS PRESIDENT Business Location: 127 INDUSTRIAL ROAD Mailing Address: PO BOX 141 BIG PINE KEY,FL 33043 BIG PINE KEY,FL 33043 Business Phone: 305-872-2033 Business Type: CONTRACTOR(STATE CERTIFIED GENERAL CONTR/ROOFING) Employees 20 1 COMP CARD:RC 124 STATE LICENSE:CGCO14885 Tax Amount Transfer Fee Sub-Total Penalty -�prior Yea rs Collection Cost Total Paid 50.00 0.001 50.00 1 0.001 0.00 0.00 50.00 Paid 123-11-00008805 09/04/2012 50.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT Danise D.Henriquez,CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West,FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129,Key West, FL 33041-1129 EXPIRES SEPTEMBER 30,2013 Business Name: PINEWOOD ENTERPRISES INC RECEIPT# 3 0140-64 95 1 Business Location: 127 INDUSTRIAL ROAD Owner Name: THOMMES BROOKS PRESIDENT BIG PINE KEY,FL 33043 Mailing Address:PO BOX 141 Business Phone: 305-872-2033 BIG PINE KEY,FL 33043 Business Type: CONTRACTOR(STATE CERTIFIED GENERAL CONTR/ROOFING) Employees 20 COMP CARD:RC 124 STATE LICENSE:CGCO14885 Tax Amount Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total Paid 50.00 0.00 50.001 0.00 0.00 0.00 SO.OD Paid 123-11-000D8805 09/04/2012 50.00