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Agenda 05/10/2022 Item #16C 2 (Terminate Agreement w/Wayne Wiles Floorcovering & Tampa )05/10/2022 16.C.2 EXECUTIVE SUMMARY Recommendation for approval to terminate for convenience Agreement No. 18-7471, "Purchase and Installation of Floor Covering," with Wayne Wiles Floorcoverings, Inc., and Tampa Contract Floors, Inc. OBJECTIVE: To obtain approval to terminate for convenience Agreement No. 18-7471 with Wayne Wiles Floorcoverings, Inc., and Tampa Contract Floors, Inc. CONSIDERATIONS: On July 9, 2019 (Agenda Item 16.6.C), the Board approved Agreement No. 18- 7471 (the "Agreement") with Wayne Wiles Floorcoverings, Inc., and Tampa Contract Floors, Inc., pertaining to the purchase and installation of floor covering services. Staff evaluated the use of the Agreement and has determined that the market for this service and commodity would be better supported if re -solicited utilizing a different price structure. Accordingly, staff is requesting Board approval to terminate the Agreement for convenience as provided in Section 10 of the contract. Staff has attached its proposed termination notices, prepared by the Procurement Services Division, which will make termination effective on June 10, 2022. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval.-SRT RECOMMENDATION: To authorize staff to terminate for convenience Agreement No. 18-7471 with Wayne Wiles Floorcoverings, Inc., and Tampa Contract Floors, Inc., as provided above. Prepared by: Paula J. Brethauer, Operations Analyst, Facilities Management Division ATTACHMENT(S) 1. 18-7471 Notice to Terminate to Tampa Contract Floors (PDF) 2. 18-7471 Notice to Terminate to Wayne Wiles Floorcoverings (PDF) 3. 18-7471 Tampa Contract Floors Agreement (PDF) 4. 18-7471 Wayne Wiles Floorcoverings Agreement (PDF) Packet Pg. 452 16.C.2 05/10/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 22073 Item Summary: Recommendation for approval to terminate for convenience Agreement No. 18- 7471, "Purchase and Installation of Floor Covering," with Wayne Wiles Floorcoverings, Inc., and Tampa Contract Floors, Inc. Meeting Date: 05/10/2022 Prepared by: Title: — Facilities Management Name: Paula Brethauer 04/29/2022 9:27 AM Submitted by: Title: Director - Facilities Maangement — Facilities Management Name: Ed Finn 04/29/2022 9:27 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Facilities Management Jennifer Belpedio Manager - Real Property Procurement Services Sandra Herrera Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Facilities Management Ed Finn Director - Facilities Public Utilities Department Joseph Bellone Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Growth Management Operations Support Christopher Johnson County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 04/29/2022 10:42 AM Completed 04/29/2022 10:59 AM Completed 05/02/2022 8:18 AM Completed 05/02/2022 9:33 AM Completed 05/02/2022 1:32 PM Completed 05/02/2022 7:06 PM Completed 05/02/2022 1:35 PM Completed 05/03/2022 8:24 AM Completed 05/03/2022 8:29 AM Completed 05/03/2022 11:17 AM Additional Reviewer Completed Completed 05/03/2022 3:45 PM 05/10/2022 9:00 AM Packet Pg. 453 16.C.2.a May 10, 2022 Tampa Contract Floors, Inc. Attn.: Ethan Giltner 9102 N. Dale Mabry Highway Tampa, FL 33614 Via Email: egiltner@tampacontractfloors.com RE: # 18-7471 Purchase and Installation of Floor Covering (the "Agreement") Notice to Terminate for Convenience Dear Mr. Giltner: Staff is recommending to the Board of County Commissioners (Board) at its May 10, 2022, v meeting to exercise the termination for convenience provision provided in Section 10, of CO the above -referenced Agreement, with an effective date of June 10, 2022. M ti Subject to the Board's approval of Staff's recommendation, this letter will serve as the N N County's 30-day Notice to Terminate for Convenience. Should you have any questions regarding this termination notice please contact us at (239) 252-8034. Respectfully, Sue Zimmer an Procurement Contracts Manager cc: Ed Finn, Interim Director, Facilities Management Division James Williams, Facilities Manager Sandra Herrera, Director, Procurement Services Procurement Services Division — 3295 Tamiami Trail East — Naples, Florida 34112-4901 www.colliercountvfl.gov/procurementservices Packet Pg. 454 16.C.2. b May 10, 2022 Wayne Wiles Floorcoverings, Inc. Attn.: Mark T. Wiles 16831 Link Court Ft. Myers, FL 33912 Via Email: Tmerrikh@waynewiles.com RE: #18-7471 Purchase and Installation of Floor Covering (the "Agreement") Notice to Terminate for Convenience Dear Mr. Wiles: Staff is recommending to the Board of County Commissioners (Board) at its May 10, 2022, meeting to exercise the termination for convenience provision provided in Section 10, of the above -referenced Agreement, with an effective date of June 10, 2022. Subject to the Board's approval of Staff's recommendation, this letter will serve as the County's 30-day Notice to Terminate for Convenience. Should you have any questions regarding this termination notice please contact us at (239) 252-8034. Respectfully, Sue Zimmerman Procurement Contracts Manager cc: Ed Finn, Interim Director, Facilities Management Division James Williams, Facilities Manager Sandra Herrera, Director, Procurement Services Procurement Services Division — 3295 Tamiami Trail East — Naples, Florida 34112-4901 www.coI I iercou ntyfl.gov/procu rem entservices Packet Pg. 455 16.C.2.c MULTI -CONTRACTOR AWARD AGREEMENT # 18-7471 for Purchase and Installation of Floor Coverin THIS AGREEMENT, made and entered into on this 1�� day of —�k4 between Tampa Contract Floors Inc. do business in the State of Florida, whose business 9102 N. Dale Mabry Hwv.. Tampa, Florida 33614 _ , and Collier County, a political subdivision of the State of Florida, (the "County" WITNESSETH: _ 20_, by and authorized to address is (the "Contractor") or "Owner"): AGREEMENT TERM. The Agreement shall be for a three (3_) year period, commencing AN] upon the date of Board approval ❑ , and terminating three ( 3 ) year(s) from that date or until all outstanding 0 Purchase Order(s) ❑ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑* Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ F Other Request for Qualification (RFQ ) # 18-7471 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FNW The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Pagel of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 456 16.C.2.c 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ■� The procedure for obtaining Work under this Agreement is outlined in 0 Other Exhibit/Attachment: Exhibit C- Work Assignment 3.4 Al The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. OR The County shall pay the Contractor for the performance of this Agreement based on Work c performed pursuant to the quoted price offered by the Contractor in response to a specific Request o for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ Payment will be made upon receipt of a proper y invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". co ❑th^_M c N N ♦ ♦ . - . - _ _ .. 4.1 Price Methodology (as selected below): 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 457 16.C.2.c FN - - ,... _ r - - - - - - -dr- 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 00 M O N M. - - - - NON.. ...... 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 458 16.C.2.c 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Tampa Contract Floors, Inc. Address: 9102 N. Dale Mabry Hwy Tampa, Florida 33614 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Ethan Giltner (813) 913-1002 egiltner@tampacontractfloors.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 r N Naples, Florida 34112-5356 Administrative Agent/PM: Amanda Condomina co Telephone: (239) 252-8380 E-Mail(s): Amanda.Condomina@colliercountyfl.gov 0 N N The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 459 16.C.2.c or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: 00 A. FE-1 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and N Completed Operations and Contractual Liability. B. FE-1 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. B- ❑Shall _d aggregate. E= . F— Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 460 16.C.2.c Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that c the Contractor is required to meet. 4- 0 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall 2 defend, indemnify and hold harmless Collier County, its officers and employees from any and all 2 liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and y paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any __ statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally r; co wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified N party or person described in this paragraph. c This section does not pertain to any incident arising from the sole negligence of Collier County. E 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet =Pg.461 16.C.2.c 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, * Exhibit B Fee Schedule, ❑ R€P/ ❑ IT-9/* Other Request for Qualification # 18-7471 including Exhibits, 0 Attachments and Addenda/Addendum, ❑ subsequent elese-ts, Exhibit C-1 Public Payment Bond, FNI Exhibit C-2 Public Performance Bond, 0 E Exhibit D - Release and Affidavit Form, n Exhibit E — Form of Contract Application for Payment, FO-1 Exhibit F - Change Order, 0 Exhibit G - Certificate of Substantial Completion, 0 Exhibit H - Certificate of Final Completion, Fm� Exhibit I - Warranty, and FEW Other Exhibit/Attachment: EXHIBIT C- Work Assignment v 17. APPLICABILITY. Sections corresponding to any checked box (N) expressly apply to the terms U) of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties 0 herein that this Agreement is subject to appropriation by the Board of County Commissioners. 0 U_ 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer 4- 0 c or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any 0 County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics 2 Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of y this provision may result in one or more of the following consequences: a. Prohibition by the __ individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for r; a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, co c. immediate termination of any Agreement held by the individual and/or firm for cause. M 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is 0 v formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and E requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations a relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and 0 the Florida Public Records Law Chapter 119, including specifically those contractual requirements U_ at F.S. § 119.0701(2)(a)-(b) as stated as follows: L IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO Q PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE E CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 462 16.C.2.c The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein r; shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally 00 terminate this Agreement immediately. 0 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. a A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in .connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 463 16.C.2.c 23.❑ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for, Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for. Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted Pr co liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. N N When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday E or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day 4) shall be omitted from the computation, and the last day shall become the next succeeding day a which is not a Saturday, Sunday or legal holiday. 24. 0 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 464 16.C.2.c unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner, 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. 0 CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and 0 Contractor shall diligently pursue the completion of the Work and coordinate the Work U_ being done on the Project by its subcontractors and materialmen, as well as coordinating c its Work with all work of others at the Project Site, so that its Work or the work of others 0 shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be 2 solely responsible for all construction means, methods, techniques, sequences, and y procedures as well as coordination of all portions of the Work under the Contract __ Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work Pr as a result of unforeseeable causes beyond the control of Contractor, and not due to its co fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, N Contractor shall notify the Owner in writing within forty-eight (48) hours after the v commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. E C. No interruption, interference, inefficiency, suspension or delay in the commencement or a progress of the Work from any cause whatever, including those for which Owner may be a responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise y to any right to damages or additional compensation from Owner. Contractor expressly o acknowledges and agrees that it shall receive no damages for delay. Contractor's sole LL remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall 0 expressly apply to claims for early completion, as well as to claims based on late completion. E 28. 0 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1 Packet Pg. 465 16.C.2.c Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The c Contractor shall employ people to work on County projects who are neat, clean, well-groomed U_ and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent c employees who are physically capable of performing their employment duties. The County may 2 require the Contractor to remove an employee it deems careless, incompetent, insubordinate or 2 otherwise objectionable and whose continued employment on Collier County projects is not in the y best interest of the County. 31. O TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full M responsibility therefore, pay all costs in connection therewith and furnish to the County the N ,required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. FEJ PROTECTION OF WORK. A. Contractor shall fully protect the" Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 4 6 16.C.2.c Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. R COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare y and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. co Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor N reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 467 16.C.2.c 35. � WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement co Procedures. M 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this N Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make E the presentation of any settlement reached during negotiations to County for approval. Failing 2 resolution, and prior to the commencement of depositions in any litigation between the parties a arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation c before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation o shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation M to County's board for approval. Should either party fail to submit to mediation as required 1� o hereunder, the other party may obtain a court order requiring mediation under section 44.102, cy Fla. Stat. M 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state r- courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such o matters. for this prej (D 40. ❑ investiciatioRs as may be deemed ReGessafy t9 eR ure -that G9rnpeteRt P �Fsens will be utilized r a Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 468 16.C.2.c Nit FEMME FE] AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. FNJ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any o of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's c Board approved Executive Summary, the Contract Documents shall take precedence. r_ 0 ti nn ti O Pe M GentraGtel�at Alin nty, O N N 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or °' E any part herein, without the County's consent, shall be void. If Contractor does, with approval, a assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to C assume toward Contractor all of the obligations and responsibilities that Contractor has assumed L toward the County. 0 0 43, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 469 16.C.2.c background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. FE] SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration c (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of o inspection of any Contractor's work operations. This provision is non-negotiable by any 2 division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as r all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to 114 the project. However, this decision shall only be made by Collier County's Risk Management Co Division Safety Manager and/or Safety Engineer. M O N N (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 470 16.C.2.c IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K Kfi#)6J, Clerk .of Qourts & Comp i(er'a 5` By: _ r Dated:-,X` Signature' only.A rt m, � Contractor's Witnesses:, . 4-� Contractor's First Witness J(f'X6e_nkQ dam► l kOn TType/print witness nameT ractor's Second Witness Lance kcm es TType/print witness nameT BOARD OF CO T COMMISSIONERS COLLIER O , FL O A By. C Willigm L. McDaniel Jr. Chairman Tam o tract FI rs Inc. ntractor B Signature I'PAGiY n-ryymarl r�SlC%n-� TType/print signature and titleT Page 16 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1�/ C�l Packet Pg. 471 16.C.2.c i • '1 Scope of Services R following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 4 :2 16.C.2.c 18-7471 "Purchase and Installation of Floor Covering" SCOPE OF SERVICES This award is to establish a pool of contractors to be able to quote pricing on a per project basis. Contractors shall submit an itemized quote, including number of hours to complete the project, materials and any other associated costs, for each project. The County requires the quotation to match the final invoice submitted for payment. All awarded Contractors under this Agreement will receive an invitation for quote and shall respond within 7 business days, unless otherwise directed by the County representative or designee. Quotes are to be fully burdened with all labor, equipment and materials included. In each scope of work the County representative or designee reserves the right to specify: the period of completion, warranty requirements, deductions in the event of late completion, non -compliant performance, and vendor caused damages. Contractors will be awarded based on the lowest price provided. Once a purchase order is issued, work will commence when scheduled. Completion shall be considered final when acceptance is given in writing. 093013 — CERAMIC TILING A. Comply with Tile Council of North America (TCNA) standards and details, found at www.tenatile.com 1. Tile joints are to be aligned and straight, plumb, level, and true, with equally spaced cut units at ends. 2. Provide tile movement joints at the following locations: a. Perimeter of each room b. Risers, ramps, changes of and planes C. Corridor corners and intersections d. Spacing as determined by Design Professional B. Provide the finishes at the following locations: 1. Tile floors are required in all restrooms and wet areas. 2. Provide tile wainscot not less than 60" high in restrooms, mop sinks, and drinking fountains 3. Extend wainscot not less than 18" to each side of mop, sinks and drinking fountains. C. Floor the shall be porcelain tile. All grout shall be sealed. D. Provide product certificate indicating the coefficient of friction complies with ADA requirements for both wet and dry conditions. E. Tile base and all corners shall be sanitary cove style. F. Floors must slope towards floor drains at not more than 2% in any direction. G. Wall tile substrate shall be Concrete Masonry Unit (CMU), concrete, or cement board. f . Do not use gypsum board as tile substrate. H. Use aluminum or bronze edge strips where abutting carpet floor finishes. 096500 — RESILIENT TILE FLOORING A. Standard 12" x 12" x 1/8" Vinyl Composition Tile (VCT) may be used in service areas. Use upgrade materials and 16" x 16", 18" x 18", or plank sizes where vinyl is used in public areas. 1. Tile material and adhesives shall not contain asbestos materials of any kind. ti 00 M O N N Exhibit A Pagel of 8 Packet Pg. 473 16.C.2.c 2. Clean, wax, and polish tiles prior to final acceptance. Provide 5% extra stock material. B. Stair Treads: Provide rubber treads and risers at enclosed stairs in new construction and major remodel project. 096513 — RESILIENT WALL BASE AND ACCESSORIES A. Wall Base: Provide 4" or 6" vinyl base in finished spaces with vinyl or carpet floors. Use pre - molded corner pieces at all outside corners. Provide 5% extra stock material. B. Transitions: Provide matching transition strips where VCT floors abut the or carpet floors. C. Corner Guards: Outside corners in all corridors and public spaces shall be fitted with paintable, vinyl or aluminum corner protectors from the top of the cove base extending to a height of 42". 096812 — TILE CARPETING A. At areas scheduled to receive carpet in renovations and new construction with modular office furniture, provide static and soil resistant Carpet Tile unless directed otherwise by CCFM staff: 1. Product: Open Specification 2. Fiber: 100% Dupont Antron Legacy or equal 3. Yarn Weight: not less than 25 oz./sq. yd. 4. Flammability: Class 1 5. Warranties: 20 yr wear warranty w/ no edge ravel, delamination or static. 00 096816 — SHEET CARPET 0 cm A. Where approved by CCFM, product may be a glue -down broadloom carpet complying with Tile Carpet requirements above. 097200 — WALL COVERINGS A. Vinyl wall coverings are not allowed in County buildings. B. Acoustic wall fabrics without vinyl backing may be used in limited areas, ie wainscots or acoustic control. Contractors will provide all services necessary for a "turn -key" purchase and installation. This service will also include tearing out the old flooring and properly dispose/recycle. Contractors will use great caution to ensure that the work environment is kept clean, safe and does not interfere with the operations of the occupants of the building space. No interruption of customer operations will be allowed unless negotiated with the Facilities Management Representative prior to the installation REQUIREMENTS: The Contractor shall use an adequate number of skilled workers with appropriate supervision while work is being performed. Finished work shall be completed in a timely and acceptable fashion. Work will be subject to inspection and shall meet approval of the Maintenance Supervisor, Project Manager and/or Facilities Manager or their designee. Work that is not acceptable shall be removed and replaced by the Contractor at no additional charge to the County. Colors of carpet, carpet tiles and vinyl shall be specified by project. Any omissions to these specifications will not relieve the Contractor of his responsibility to complete the job. Exhibit A Page 2 of 8 Packet Pg. 4 4 16.C.2.c Carpet and vinyl shall be installed by the direct glue -down system, using no pads or foam unless specifically requested and approved by the Division of Facilities Management. Align the materials as manufactured; using no fill strips less than 6" wide, laying all materials in the proper direction unless noted otherwise by the owner's representative. Contractors will locate seams out of the way of traffic. Color and lay shall be matched at the seams. Fabricate seams by the compression method, using a butt joint, and properly bead and seal. Do not stretch seams. Use adhesives as sealants as recommended by the manufacturer of the materials. All other installation methods are to be approved by the Facilities Management Division. MATERIALS DELIVERY STORAGE AND HANDLING: The Contractor shall be responsible for the proper care c and protection of all materials and equipment delivered to the site. v a� DAMAGE TO EXISTING FACILITIES: If the existing building, facilities or equipment are disrupted or damaged S because of the Contractor's operations, then the Contractor shall be responsible for the restoration. All such restoration 0 shall be at the expense of the Contractor. t> L 0 HOURS OF WORK: The work performed under this contract shall be completed after business hours. In some 0 instances, the Project Manager or designee may request work may be done during working days and hours from 8:00 - a.m, to 5:00 p.m., Monday through Friday (excluding holidays). Hourly labor rate shall include all costs including but = not limited to: supervision, transportation, travel time and tools. Rates will be based on time at the site. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the N time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, E the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Contract Manager or their ti designee, in writing, prior to any delays or because of an Act of Nature. °r° M MINIMUM SPECIFICATIONS CD 0 Floor Covering Specifications: Quoted material shall be as follows: Suggested specification for areas with low to moderate traffic and some soiling where there is little exposure a) to sunlight (or other fading elements) and spills are unlikely. m MATERIALS Carpet: The same type and manufacturer shall be used throughout the term of this agreement. Carpeting shall be as specified or approved equal: Yarn: 100% Antron® type 6,6 bulk continuous filament (BCF) nylon. Hollow filament fiber shapes for optimum soil hiding capability. Polymer identification per AATCC TM 20. [No substitutions allowed]. Static Control: By permanent means (i.e. antistatic filaments) and without chemical treatment. Static generation below 3.5 kilovolts using AATCC TM 134 [Electrostatic Propensity (Step)]. Construction: Tufted or woven, loop pile, cut loop pile, tip -sheared loop pile or cut pile. Dye Method: Solution dyed, Yarn dyed or combinations of both, piece dyed or printed as long all specified requirements are met. Pile Weight: Minimum 14 oz./yd2, ASTM D5848 test method. Pile density: Minimum 4500 for low to moderate traffic. Pile density = 36 x pile wt (oz./sq yd)/ pile thickness (inches) Exhibit A Page 3 of 8 Packet Pg. 475 16.C.2.c (Pile Thickness: ASTM D6859 test method or ASTM D7241 test method). Primary Backing: Tufted - 100% woven or non -woven synthetic. Secondary Backing: Modular backing system. Manufacturer's representative to supply detailed information on performance properties. Resistance to Delamination: ASTM D3936 test method: minimum 10.0 lbs/inch, no delamination. Tuft Bind: ASTM D1335 test method. Must resist a minimum of 10 lbs-force. Dimensional stability: Aachen method/ ISO 2551. Maximum Change +/- 0.20%. Flammability: Critical Radiant Flux: ASTM E648 test method, >0.45 watts/em2 and/or federal, state or local requirements. Class 1. Smoke Density: ASTM E662 test method, rating to be less than 450 Din in flaming mode (or to State Code). Federal Flammability standard: CPSC FF1-70 (Methenamine Pill test, ASTM D2859 test method). Must pass. Colorfastness to Light: AATCC TM 16 part 3 to 80 AFU; minimum rating of 3 using AATCC Gray Scale 2 for Color Change. Suggested specification for areas with low to moderate traffic and some soiling where there is little exposure to sunlight (or other fading elements) and spills are unlikely. 00 Colorfastness to atmospheric contaminants: r, AATCC TM 164 (fade resistance to oxides of nitrogen) and AATCC TM 129 (fade resistance to ozone) for c N 2 cycles; minimum rating of 3 using AATCC Gray Scale for Color Change. d Colorfastness to crocking: AATCC TM 165, minimum rating of 4 using the AATCC Chromatic m Transference Scale. am Soil Resistance: DuraTechOO soil resistance treatment Texture Retention Rating: Vettermann Drum test method, ASTM D5417, for 5,000 cycles with a minimum rating of a 3.0. [Hexapod test method, ASTM D5252, for 12,000 cycles (8A lb. tumbler) with a minimum rating of a 2.5]. Rating using the appropriate Commercial Reference Scale for the construction per ASTM D7330 test method. Testing without underpad or brushing. Sustainability: Must be certified at the [Silver, Gold or Platinum] Level (select one) in accordance with NSF/ANSI 140 the Sustainability Assessment for Carpet. Recycling: Used Carpet: Remove carpet and recycle regardless of manufacturer, fiber type or construction. Reclamation Agency and Carpet Remover shall certify in writing that Used Carpet was removed and recycled. Landfills are not an option. Exhibit A Page 4 of 8 Packet Pg. 476 16.C.2.c The specifier reserves the right to choose the appropriate product. Suggested AntronOO nylon specification for areas with Moderate to Heavy traffic and soiling where spills may occur and sunlight exposure may be moderately high. MATERIALS Carpet: Throughout this contract shall be of the same type and manufacture. Carpeting shall be as specified or approved equal: Yarn: 100% Antron® type 6,6 bulk continuous filament (BCF) nylon. Hollow filament fiber shapes for optimum soil hiding capability. Fiber identification to AATCC Test Method 20. [No substitutions allowed]. Static Control: By permanent means (i.e. antistatic filaments) and without chemical treatment. Static generation below 3.5 kilovolts using AATCC TM 134 [Electrostatic Propensity (Step)]. Construction: Tufted or woven, level or multi -level loop pile with maximum pile height variation of 1/16 inch. Dye Method: 100% Solution dyed, 100% Yarn dyed or combinations of both as long as all requirements in this document are met. Pile Weight: Minimum 14 oz./yd2, ASTM D5848 test method. = Lrh Pile density: Minimum 5500 for moderate to heavy traffic. ti Pile density = 36 x pile wt (oz./sq yd)/ pile thickness (inches) `�° (Pile Thickness: ASTM D6859 test method or ASTM D7241 test method). 0 Primary Backing: Tufted - 100% woven or non -woven synthetic. Secondary Backing: High performance, modular backing system. Manufacturer's representative to supply a) detailed information on performance properties. L IM Resistance to Delamination: ASTM D3936 test method: minimum 10.0 lbs/inch, no delamination. Q Tuft Bind: ASTM D1335 test method. Must resist a minimum of 10 lbs-force. Dimensional stability: Aachen method/ ISO 2551. Maximum Change +/- 0.20%. Flammability: Critical Radiant Flux: ASTM E648 test method, >0.45 watts/cmZ and/or federal, state or local requirements. Class 1. Smoke Density: ASTM E662 test method, rating to be less than 450 Dirt in flaming mode (or to State Code). Federal Flammability standard: CPSC FF1-70 (Methenamine Pill test, ASTM D2859 test method). Must pass. Colorfastness to Light: AATCC TM 16 part 3 to 160 AFU; minimum rating of 3-4 using AATCC Gray Scale for Color Change. Exhibit A Page 5 of 8 Packet Pg. 477 16.C.2.c Suggested Antron® nylon specification for areas with moderate to heavy traffic and soiling where spills may occur and sunlight exposure may be moderately high. Colorfastness to atmospheric contaminants: AATCC TM 164 (fade resistance to oxides of nitrogen) and AATCC TM 129 (fade resistance to ozone) for 2 cycles; minimum rating of 3 using AATCC Gray Scale for Color Change. Colorfastness to crocking: AATCC TM 165, minimum rating of 4 using the AATCC Chromatic Transference Scale. Stain Resistance: AATCC TM 171 (HWE) for 2 cleanings to simulate removal of topical treatments by hot water extraction, followed by AATCC TM 175 Stain Resistance test; minimum rating of 6 using AATCC Red 40 Stain Scales. Soil Resistance: DuraTech® soil resistance treatment Coloration/Patterning: Minimum of 3 color hues. Hue values to be in medium to medium -dark range for optimum soil hiding capability. Regular or Random patterning. Texture Retention Rating: Vettermann Drum test method, ASTM D5417, for 22,000 cycles with a minimum rating of a 3.0. [Hexapod test method, ASTM D5252, for 12,000 cycles (8.4 lb. tumbler) with a minimum rating of a 3.0]. Rating using the appropriate Commercial Reference Scale for the construction per ASTM D7330 test method. Testing without underpad or brushing. Sustainability: Must be certified at the [Silver, Gold or Platinum] Level (select one) in accordance with NSF/ANSI 140 the Sustainability Assessment for Carpet. Recycling: Used Carpet: Remove carpet and recycle regardless of manufacturer, fiber type or construction. Reclamation Agency and Carpet Remover shall certify in writing that Used Carpet was removed and recycled. Landfills are not an option. The specifier reserves the right to choose the appropriate product. Suggested Antron® nylon specification for areas with heavy to severe traffic and heavy soiling where spills are likely and sunlight exposure will be high. MATERIALS Carpet: Throughout this contract shall be of the same type and manufacture. Carpeting shall be as specified or approved equal: Yarn: 100% Antron® type 6,6 bulk continuous filament (BCF) nylon. Hollow filament fiber shapes for optimum soil hiding capability. Polymer type identification to AATCC TM 20. [No substitutions allowed]. Static Control: By permanent means (i.e. antistatic filaments) and without chemical treatment. Static generation below 3.5 kilovolts using AATCC TM 134 [Electrostatic Propensity (Step)]. Construction: Tufted, level or multi -level loop pile with maximum pile height variation of 1/32 inch. Dye Method: 100% Solution dyed [100% Solution dyed or 100% Yarn dyed or combinations of both as long as all requirements in this document are met]. ti 00 M O N PC Exhibit A Page 6 of 8 Packet Pg. 478 16.C.2.c Pile Weight: Minimum 14 oz/yd2, ASTM D5848 test method. Pile density: Minimum 5500 for heavy or severe traffic. Pile density = 36 x pile weight (oz./yd2)/ pile thickness (inches) (Pile Thickness: ASTM D6859 test method or ASTM D7241 test method). Primary Backing: Tufted - 100% woven or non -woven synthetic. Secondary Backing: High performance, moisture impermeable modular backing system. Manufacturer representative to supply detailed information on performance properties. Resistance to Delamination: ASTM D3936 test method: minimum 10.0 lbs./inch, no delamination. Tuft Bind: ASTM D1335 test method. Must resist a minimum of 10 lbs-force. Dimensional stability: Aachen method/ ISO 2551. Maximum Change +/- 0.20%. Flammability: c Critical Radiant Flux: ASTM E648 test method, glue down. Must meet NFPA Class I (>0.45 watts/cm2 _ and/or federal, state or local requirements. Smoke Density: ASTM E662 test method, rating to be less than 450 Dm in flaming mode (or to State Code). Federal Flammability standard: CPSC FFl-70 (Methenamine Pill test, ASTM D2859 test method). Must N c pass. Colorfastness to Light: AATCC TM 16 part 3 to 200 AFU; minimum rating of 3-4 using AATCC Gray ti 00 Scale for Color Change, M Suggested Antron© nylon specification for areas with heavy to severe traffic and heavy soiling where spills c N are likely and sunlight exposure will be high. N Colorfastness to atmospheric contaminants: AATCC TM 164 (resistance to fade from oxides of nitrogen) and AATCC TM 129 (resistance to fade from ozone) for 2 cycles; minimum rating of 3-4 using AATCC Gray Scale for Color Change. Colorfastness to crocking: AATCC TM 165, minimum rating of 4 using the AATCC Chromatic Transference Scale. Stain Resistance: AATCC TM 171 (HWE) for 2 cleanings to simulate removal of topical treatments by hot water extraction, followed by AATCC TM 175 Stain Resistance test; minimum rating of 8 using AATCC Red 40 Stain Scale. Soil Resistance: DuraTech® soil resistance treatment Coloration/Patterning: Minimum 5 color hues. Recommended: Hue values to be in medium to medium - dark range with random or complex patterning for optimum soil hiding capability. Texture Retention Rating: Vettermann Drum test method, ASTM D5417, for 22,000 cycles with a minimum rating of a 3.0 [Hexapod test method, ASTM D5252, for 12,000 cycles (8.4 lb tumbler) with a minimum rating of a 3.5]. Rating using the appropriate Commercial Reference Scale for the construction per ASTM D7330 test method. Testing without underpad or brushing. Sustainability: Must be certified at the [Silver, Gold or Platinum] Level (select one) in accordance with NSF/ANSI 140 the Sustainability Assessment for Carpet. Exhibit A Page 7 of 8 Packet Pg. 479 16.C.2.c Moisture Barrier: Moisture Penetration by Impact Test: No Penetration of backing after 10,000 impacts at 10 psi. The specifier reserves the right to choose the appropriate product. Vinyl Sheet Flooring - Manufacturer: Armstrong or Shaw, or approved equal A. Style: Classic Corlon commercial sheet flooring B. Form/Gauge: 6' rolls, .080" C. Load Limit: 100 psi Vinyl composition tile - Manufacturer: Armstrong or Shaw and Designer Essentials, or approved equal A. 12" X 12" B. 16" X 16" C. 18" X 18" D. Plank sizes Base — Manufacturer: Roppe Corp. or approved equal A. 6" cove base B. 4" cove base Stair treads — Manufacturer: Mercer Products Company or approved equal 00 A. Vinyl, 12" depth, Commercial 210, normal traffic � B. Vinyl, 12" depth, Commercial 250, heavy traffic c N C. Rubber, 12" depth, Commercial 250, heavy traffic D. Vinyl, 12" depth, 2" abrasive safety tread E. Rubber, 12" depth, 2" abrasive safety tread d L Ribbed Rubber Floor Tile — Manufacturer: Mercer Products Company or approved can am A. Tile size: 17 13/16" x 17 13/16" B. Overall gauge:.138" C. Base gauge:.118" D. Height of stud:.020" E. Stud diameter— Top:.863" Porcelain Stone Tile Manufacturer: Crossville Porcelain Stone - Americana series or approved equal A. Tile Size a. 12" X 12" b. 16" X 16" c. 18" X 18' d. 20" X 20" e. 24" X 24" f. Plank like sizes Exhibit A Page 8 of 8 Packet Pg. 480 16.C.2.c Exhibit B Fee Schedule ❑ following this page (pages through ) R this exhibit is not applicable ti 00 M 0 N N Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 481 16.C.2.c FN-] this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, representatives, successors and assigns, jointly and severally. our heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in. the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 00 M rl- N Packet Pg. 482 16.C.2.c Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 by , as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) •V Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ti 00 M rl- N N Packet Pg. 483 16.C.2.c As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this , as of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) of 20 , by_ Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ti 00 M rl- N Packet Pg. 484 16.C.2.c 0 this exhibit is not applicable EXHIBIT C-2 . PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. y c THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 00 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether N liquidated or actual, incurred by Oblige; and c 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the (D Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. y L 0 The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, 0 alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any L such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the 0 specifications. L) Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 485 16.C.2.c This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF m PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of_ of corporation, on (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: behalf of the corporation. as identification and Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 w M rl- N Packet Pg. 486 16.C.2.c ATTEST: SURETY: (Printed Name) 0 co c E L r yr (Business Address) L c 0 U (Authorized Signature) c Witness as to Surety aD (Printed Name) 0 L OR 0 U- As Attorney in Fact o (Attach Power of Attorney) o Witnesses �v r N C (Business Address) ti co (Printed Name) rl- 0 N N (Telephone Number) STATE OF E COUNTY OF aD a� L The foregoing instrument was acknowledged before me this day of 20by_ a as of Surety, on behalf of Surety. He/She is personally known to me OR has produced °o as identification and who did (did not) take an oath. U- My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 487 16.C.2.c � this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment.is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF _ CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20 , by as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAM E: (Legibly Printed) Notary Public, State of Commissioner No.: _ Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ti ti 00 M O N N Packet Pg. 488 16.C.2.c � this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) an Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ __% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date roject Name) Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 VerJ Packet Pg. 489 16.C.2.c [—Nl this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: �� Change #: Purchase Order #: F==Project #: Contractor/Firm Name: Project Name: Project Manager Namej Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # U Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/01 Total Change from Original Amount p Revised Contract/Work Order Total $ 0.00 #DIV/01 Change from Current BCC Approved Amoun LL Cumulative Changes 1 $ n ool #DIV/01 Chan e from Current Amount o c Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date �� Date Includes this change) �� y c # of Days Added C� Select Tasks ElAdd new task(s) ❑ Delete task(s) ❑Change task(s) El Other (see below) ti 00 Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. c N N C E L CD Q U) L 0 LL U L Prepared by: Date: 0 U (Project Manager Name and Division) M Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the a E same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. r- ti Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) 00 Approved by: Date: a1i E (Design Professional and Name of Firm, if project applicable) t Approved by: Date: r (Procurement Professional Q Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 490 16.C.2.c 0 this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To co M rl- N N The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 491 16.C.2.c The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title , 20_ CONTRACTOR accepts this Certificate of Substantial Completion on .20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ • By: Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 VerA ti 00 M 0 N N Packet Pg. 492 16.C.2.c W this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents To And To co M rl- N The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 493 16.C.2.c Executed by Design Professional on 20 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 o M OWNER N N By: _ Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 494 16.C.2.c ❑■ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: o U L 0 Date of Final Completion: U_ 4- 0 c 0 Name and Address of CONTRACTOR: ti ti CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be 00 free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. N N The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.l Packet Pg. 495 16.C.2.c Other Exhibit/Attachment 'Description: EXHIBIT C- Work Assignment * following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017,006 Ver.I Packet Pg. �496 16.C.2.c 18-7471 "Purchase and Installation of Floor Covering" EXHIBIT C WORK ASSIGNMENT All awarded Contractors under this Agreement will receive an invitation for quote and shall respond within 7 business days, unless otherwise directed by the County representative or designee. Quotes are to be fully burdened with all labor, equipment and materials included. In each scope, of work the County representative or designee reserves the right to specify; the period of completion, warranty requirements, deductions in the event of late completion, non -compliant performance, and vendor caused damages. Contractors will be awarded based on the lowest price provided. The following Articles of the Agreement shall only be applicable for individual projects over $200,000; Article 22. Bonds Article 23, Liquidated Damages Article 24. Payments Article 34. Completion Packet Pg. 497 16.C.2.c DATE(MM/DD/YYYY) A+ CERTIFICATE OF LIABILITY INSURANCE 05/21/19 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. C IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. O 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 endorsements . C PRODUCER CONTACT •E NAME, BUHL INSURANCE PHONE (813) 876-0057 (FAX No:(813) 877-8540 d PO Box 152698 E-MAIL info@buhlinsure.com ADDRESS: Tampa, FL 33684 INSURERISI AFFORDING COVERAGE NAIC# INSURED TAMPA CONTRACT FLOORS, INC TAMPA FLOORING GALLERY, INC 9102 N DALE MABRY TAMPA, FL 33614 Main Street Am Old Dominion nnvF3AnFs 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRS TYPE OF INSURANCE AUDLISUbRI INSD WVD POLIC N MBER MM/DD/YYYYY MM/DDfYYYY LIMITS $ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 CLAIMS -MADE I --1 OCCUR ATE e c s 500 000 MEDEXP (Anyoneperson) $ 10,000 A Y Y MPG32817 10/06/1810/06/19 PERSONAL & ADV INJURY $ 1 000 000 'L AGGREGATE LIMIT APPLIES PER: RO- ' g^, LOC POLICY a PECT . -- J n GENERAL AGGREGATE s 2,000,000 PRODUCTS -COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) s ]. , O BODILY INJURY (Per person) BODILY INJURY (Per accident) $ $ B ANYAUTO OWNED SCHEDULED AUTOS ONLY N AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y B11332817 10/06/1810/06/19 PROPERTY DAMAGE (Peraccident) s $ B X UMBRELLA LIAB EXCESS LIAB N OCCUR CLAIMS -MADE CUG32817 10/06/1810/06/19 EACH OCCURRENCE AGGREGATE $ 3,00 s 3,000,000 DED RETENTION WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN PTAT TE FOR E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 41. JI (Mandatory in NH) NIA E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT Ifyes, describe under DESCRIPTION OF OPERATIONS Wow DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attachedif more space is required) Contract # 18-7471 Reference General Liability coverge: certificate holder is included as additional insured subject to endorsement BPM3105 which provides additional insured status when required by a written contract or agreement. Waiver of subrogration applies per endorsement BP0497 provisions. Primary/non-contributory applies per endorsement BPM3148 provisions. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL. 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 498 16.C.2.c CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 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 Iles) must have ADDITIONAL INSURED provisions or 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 I CONTACT NAME: FrankCrum Insurance Agency, Inc. E-MAILADDRESS: 100 South Missouri Avenue INSURER(S) AFFORDING COVERAGE NAIC# Clearwater, FL 33756 INSURER A: Frank Winston Crum Insurance Company 11600 INSURED INSURER B: INSURER C: FrankCrum L/C/F Tampa Contract Floors, Inc. INSURER D: 100 South Missouri Avenue INSURER E: Clearwater, FL 33756 INSURER F: COVERAGES CERTIFICATE NUMBER: 569189 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDL INSRD SUER WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITSLTR COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ PREM SES Ea oau D nce CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL&ADV INJURY $ AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ GEN'L PRODUCTSCOMPfOP AGG $ POLICY PROJECT F-]LOC S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNEDAUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S HIRED AUTOS NON -OWNED ONLY AUTOS ONLY S UMBRELLA LIAR OCCUR EACH OCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ WORKERS COMPENSATION AND WC201900000 01/01/2019 01/01/2020 X. PER STATUTE OTH- ER A EMPLOYERS' LIABILITY Y/N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N/A E.L. EACH ACCIDENT Si 000 00f E.L. DISEASE -EA EMPLOYEE sl'00000f (Mandatory in NH) Ifyea, describe under Ifyes, E.L. DISEASE -POLICY LIMIT $t 000 00( DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Effective 02/1712006, coverage is for 100% of the employees of FrankCrum leased to Tampa Contract Floors, Inc. (Client) for whom the client is reporting hour: to FrankCrum. Coverage is not extended to statutory employees. Re: Contract Number 18-7471 CERTIFICATE HOLDER GANGELLA I IUN Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r III r M P_ O N N ©1988-2016 ACORD CORPoRATiqu All rinhfq reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 499 16.C.2.d MULTI -CONTRACTOR AWARD AGREEMENT # 18-7471 for Purchase and Installation of Floor Covering THIS AGREEMENT, made and entered into on this day of 20[, by and between Wayne Wiles Floorcoverin s Inc. 0 , au horized to do business in the State of Florida, whose business address is 16831 Link Court, Fort Myers, FL 33912 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3_) year period, commencing a ❑■ upon the date of Board approval ❑ and terminating three (3 ) year(s) from that date or until all outstanding [W Purchase Order(s) ❑ Work Order(s) issued prior to the S expiration of the Agreement period have been completed or terminated. 00 The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional ti one (1 year(s) periods. The County shall give the Contractor written notice of the N County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a *]Purchase Order DNeti% to PFeeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request fo�Rropesa',--V 1. 1 ❑ A Other Request for Qualification (RFQ ) # 18-7471 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑_ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 500 16.C.2.d 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. FE-1 The procedure for obtaining Work under this Agreement is outlined in FNII Other Exhibit/Attachment: Exhibit C- Work Assignment 3.4 FO-1 The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. n The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑ rasters- 9619ted Payment will be made upon receipt of a proper — invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Promptco Payment Act". r M ti ❑ N O M am t ' ++ C 4.1 Price Methodology (as selected below): -1611- --MTN- - - OWN- -_ - -- R Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 50, 16.C.2.d - - - -"- - NON - NOWIN N - - - MIA 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. ti 00 M ti O N N - - - I W-- - - 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 502 16.C.2.d 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Wayne Wiles Floorcoverings, Inc. Address: 16831 Link Court Fort Mvers, Florida 33912 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Mark T. Wiles (239) 267-7600 Tmerrikh@waynewiles.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112-5356 co Administrative Agent/PM: Amanda Condomina Telephone: (239) 252-8380 M E-Mail(s): Amanda Condomina@colliercountyfl.gov N N r� The Contractor and the County may change the above mailing address at any time upon giving 4) the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1 Packet Pg. 503 16.C.2.d or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, N sex, color, creed or national origin. — ti 12. INSURANCE. The Contractor shall provide insurance as follows:co T A. 0 Commercial General Liability: Coverage shall have minimum limits of $1 000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage N Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. a� B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. r • r- . -..- �.• r Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 504 16.C.2.d Holder and included as an "Additional Insured on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that — the Contractor is required to meet. c r 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all N "including, but not limited to, reasonable attorneys' fees and liabilities, damages, losses and costsr paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential o damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally r wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the M performance of this Agreement. This indemnification obligation shall not be construed to negate, N abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. E This section does not pertain to any incident arising from the sole negligence of Collier County. a) 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services, Page 6 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 505 16.C.2.d 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee o Schedule, ❑ F=P ❑ t-T9/FN_1 Other Request for Qualification # 18-7471 , including Exhibits, _ Attachments and Addenda/Addendum, ❑ s dam ee-ts, Exhibit C-1 Public Payment Bond, FS-1 Exhibit C-2 Public Performance Bond, FE-1 E Exhibit D - Release and Affidavit Form, ro-1 Exhibit E — Form of Contract Application for Payment, Q Exhibit F - Change Order, n Exhibit G - Certificate of Substantial Completion, 0 Exhibit H - Certificate of Final Completion, n Exhibit I - Warranty, and no Other Exhibit/Attachment: 0 EXHIBIT C- Work Assignment N c 17. APPLICABILITY. Sections corresponding to any checked box (0) expressly apply to the terms of this Agreement. ci 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties L O o herein that this Agreement is subject to appropriation by the Board of County Commissioners. - 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer r_ 2 or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specifiedco period of time; b. Prohibition by the individual and/or firm from doing business with the County for r a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. N N 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 7 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet =Pg.506 16.C.2.d The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied E within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records r disclosure requirements are not disclosed except as authorized by law for the duration of o the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by o the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any o duplicate public records that are exempt or confidential and exempt from public records FL disclosure requirements. If the Contractor keeps and maintains public records upon o completion of the contract, the Contractor shall meet all applicable requirements for o retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format N that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly ti notify the County in writing. Failure by the Contractor to comply with the laws referenced herein co shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. N N 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 507 16.C.2.d 23. 0 LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for 0 Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in 0 accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. ° U Owner and Contractor recognize that since time is of the essence for any work under this L ° 0 Agreement, Owner will suffer financial loss if the Work is not substantially completed within the — time specified in the Request for Quotation. Should Contractor fail to substantially complete the o Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a r Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expresslyco waives and relinquishes any right which it may have to seek to characterize the above noted r liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to N substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day a shall be omitted from the computation, and the last day shall become the next succeeding day a) which is not a Saturday, Sunday or legal holiday. L 24. FE-1 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 508 16.C.2.d unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. ❑M CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and o Contractor shall diligently pursue the completion of the Work and coordinate the Work r_ being done on the Project by its subcontractors and materialmen, as well as coordinating 2 its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors.co B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work r as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts N of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have E waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or a of the Work from any cause whatever, including those for which Owner may be a) progress responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise L to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole 0 remedy, if any, against Owner will be the right to seek an extension to the Contract Time; o provided, however, the granting of any such time extension shall not be a condition E: precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. 0 CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall notbe liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 509 16.C.2.d Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The 4- Contractor shall employ people to work on County projects who are neat, clean, well-groomed r_ and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent .2 employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or N otherwise objectionable and whose continued employment on Collier County projects is not in the S best interest of the County. 31. FNI TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules co or regulations of any public authority having jurisdiction over the Project requires any portion of M the Work to be specifically inspected, tested or approved, Contractor shall assume full N responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. E 32. FE-1 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County., The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 510 16.C.2.d Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. � COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the ti date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. co M Owner shall have the right to exclude Contractor from the Work and Project site (or designated N portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 511 16.C.2.d 35. FN_1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions -of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement 7 Procedures. N 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this N Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing a resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation o shall be attended by representatives of Contractor with full decision -making authority and by c County's staff person who would make the presentation of any settlement reached at mediation o to County's board for approval. Should either party fail to submit to mediation as required - hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party c relating to or arising out of this Agreement must be brought in the appropriate federal or state r courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. co T 40. The (;G)R#-ntnr'c � E p ❑ +SEX-,-E-RSI�-NNE6-,T,o-oo�. thp a Page 13 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 512 16.C.2.d ❑N AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. raw.- - -• _.. --- e .-. . .. 01 A a 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 513 16.C.2.d background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. 0 SAFETY, All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration o (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA r onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access toco the project. However, this decision shall only be made by Collier County's Risk Management r Division Safety Manager and/or Safety Engineer. o N N (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 514 16.C.2.d IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST BOARD OF COU Y COMMISSIONERS ��,n COLLIER COU A Crystal K Ki►1zOL Ir. f0qrts & Com tro By, ! By: Willi L. McDanie Jr. C irman Dated: iSSAq'.;RIR ".� �Tll1 V►Il�� Contrad s itnes__ses: Contractor's Second Witness q�—My:f)rcc Type/print witness nameT A e as to F d Legality: Ar Co my Attorney l ig t PrinT Name Wayne Wiles Floorcoverings, Inc. Contractor 1 TA I vv(� t �. TType/print signature anOitleT Page 16 of 33 Multi -Contractor Award Agreement 2017 06 Veyi a 0 Packet Pg. 515 16.C.2.d Exhibit A Scope of Services 0 following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 516 16.C.2.d 18-7471 "Purchase and Installation of Floor Covering" SCOPE OF SERVICES This award is to establish a pool of contractors to be able to quote pricing on a per project basis. Contractors shall submit an itemized quote, including number of hours to complete the project, materials and any other associated costs, for each project. The County requires the quotation to match the final invoice submitted for payment. All awarded Contractors under this Agreement will receive an invitation for quote and shall respond within 7 business days, unless otherwise directed by the County representative or designee. Quotes are to be fully burdened with all labor, equipment and materials included. In each scope of work the County representative or designee reserves the right to specify: the period of completion, warranty requirements, deductions in the event of late completion, non -compliant performance, and vendor caused damages. Contractors will be awarded based on the lowest price provided. Once a purchase order is issued, work will commence when scheduled. Completion shall be considered final when acceptance is given in writing. 093013 — CERAMIC TILING A. Comply with Tile Council of North America (TCNA) standards and details, found at www.tcnatile.com - 1. Tile joints are to be aligned and straight, plumb, level, and true, with equally spaced cut units at ends. 2. Provide tile movement joints at the following locations: ti ti a. Perimeter of each room o0 b. Risers, ramps, changes of and planes C. Corridor corners and intersections ti d. Spacing as determined by Design Professional N N N B. Provide tile finishes at the following locations: 1. Tile floors are required in all restrooms and wet areas. 2. Provide tile wainscot not less than 60" high in restrooms, mop sinks, and drinking fountains. m 3. Extend wainscot not less than 18" to each side of mop, sinks and drinking fountains. 0 Q C. Floor tile shall be porcelain tile. All grout shall be sealed. D. Provide product certificate indicating the coefficient of friction complies with ADA requirements for both wet and dry conditions. E. Tile base and all corners shall be sanitary cove style. F. Floors must slope towards floor drains at not more than 2% in any direction. G. Wall the substrate shall be Concrete Masonry Unit (CMU), concrete, or cement board. 1. Do not use gypsum board as the substrate. H. Use aluminum or bronze edge strips where abutting carpet floor finishes. 096500 — RESILIENT TILE FLOORING A. Standard 12" x 12" x 1/8" Vinyl Composition Tile (VCT) may be used in service areas. Use upgrade materials and 16" x 16", 18" x 18", or plank sizes where vinyl is used in public areas. Tile material and adhesives shall not contain asbestos materials of any kind. Exhibit A Page 1 of 8 Packet Pg. 517 16.C.2.d 2. Clean, wax, and polish tiles prior to final acceptance. Provide 5% extra stock material. B. Stair Treads: Provide rubber treads and risers at enclosed stairs in new construction and major remodel project. 096513 — RESILIENT WALL BASE AND ACCESSORIES A. Wall Base: Provide 4" or 6" vinyl base in finished spaces with vinyl or carpet floors. Use pre - molded corner pieces at all outside corners. Provide 5% extra stock material. B. Transitions: Provide matching transition strips where VCT floors abut tile or carpet floors. C. Corner Guards: Outside corners in all corridors and public spaces shall be fitted with paintable, vinyl or aluminum corner protectors from the top of the cove base extending to a height of 42". 096812 — TILE CARPETING A. At areas scheduled to receive carpet in renovations and new construction with modular office furniture, provide static and soil resistant Carpet Tile unless directed otherwise by CCFM staff: 1. Product: Open Specification c 2. Fiber: 100% Dupont Antron Legacy or equal E 3. Yarn Weight: not less than 25 oz./sq. yd. 4. Flammability: Class 1 Z` 5. Warranties: 20 yr wear warranty w/ no edge ravel, delamination or static. ao M ti 096816 — SHEET CARPET N N A. Where approved by CCFM, product may be a glue -down broadloom carpet complying with Tile Carpet requirements above. E E 097200 — WALL COVERINGS A. Vinyl wall coverings are not allowed in County buildings. B. Acoustic wall fabrics without vinyl backing may be used in limited areas, ie wainscots or acoustic control. Contractors will provide all services necessary for a "turn -key" purchase and installation. This service will also include tearing out the old flooring and properly dispose/recycle. Contractors will use great caution to ensure that the work environment is kept clean, safe and does not interfere with the operations of the occupants of the building space. No interruption of customer operations will be allowed unless negotiated with the Facilities Management Representative prior to the installation REQUIREMENTS: The Contractor shall use an adequate number of skilled workers with appropriate supervision while work is being performed. Finished work shall be completed in a timely and acceptable fashion. Work will be subject to inspection and shall meet approval of the Maintenance Supervisor, Project Manager and/or Facilities Manager or their designee. Work that is not acceptable shall be removed and replaced by the Contractor at no additional charge to the County. Colors of carpet, carpet tiles and vinyl shall be specified by project. Any omissions to these specifications will not relieve the Contractor of his responsibility to complete the job. Exhibit A Page 2 of 8 Packet Pg. 518 16.C.2.d Carpet and vinyl shall be installed by the direct glue -down system, using no pads or foam unless specifically requested and approved by the Division of Facilities Management. Align the materials as manufactured; using no fill strips less than 6" wide, laying all materials in the proper direction unless noted otherwise by the owner's representative. Contractors will locate seams out of the way of traffic. Color and lay shall be matched at the seams. Fabricate seams by the compression method, using a butt joint, and properly bead and seal. Do not stretch seams. Use adhesives as sealants as recommended by the manufacturer of the materials. All other installation methods are to be approved by the Facilities Management Division. MATERIALS DELIVERY, STORAGE AND HANDLING: The Contractor shall be responsible for the proper care and protection of all materials and equipment delivered to the site. DAMAGE TO EXISTING FACILITIES: If the existing building, facilities or equipment are disrupted or damaged because of the Contractor's operations, then the Contractor shall be responsible for the restoration. All such restoration o c.� shall be at the expense of the Contractor. o 0 HOURS OF WORK: The work performed under this contract shall be completed after business hours. In some instances, the Project Manager or designee may request work may be done during working days and hours from 8:00 c a.m. to 5:00 p.m., Monday through Friday (excluding holidays). Hourly labor rate shall include all costs including but c not limited to: supervision, transportation, travel time and tools. Rates will be based on time at the site. N SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the = time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, ti the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The ti Contractor may be exempt from this provision if such exemption is granted by the Contract Manager or their designee, in writing, prior to any delays or because of an Act of Nature. CO) 1- CD N MINIMUM SPECIFICATIONS Floor Covering Specifications: Quoted material shall be as follows: m Suggested specification for areas with low to moderate traffic and some soiling where there is little exposure m to sunlight (or other fading elements) and spills are unlikely. L 91 MATERIALS Carpet: The same type and manufacturer shall be used throughout the term of this agreement. Carpeting shall be as specified or approved equal: Yarn: 100% Antron® type 6,6 bulk continuous filament (BCF) nylon. Hollow filament fiber shapes for optimum soil hiding capability. Polymer identification per AATCC TM 20. [No substitutions allowed]. Static Control: By permanent means (i.e. antistatic filaments) and without chemical treatment. Static generation below 3.5 kilovolts using AATCC TM 134 [Electrostatic Propensity (Step)]. Construction: Tufted or woven, loop pile, cut loop pile, tip -sheared loop pile or cut pile. Dye Method: Solution dyed, Yarn dyed or combinations of both, piece dyed or printed as long all specified requirements are met. Pile Weight: Minimum 14 oz./yd2, ASTM D5848 test method. Pile density: Minimum 4500 for low to moderate traffic. Pile density = 36 x pile wt (oz./sq yd)/ pile thickness (inches) Exhibit A Page 3 of 8 0 Packet Pg. 519 16.C.2.d (Pile Thickness: ASTM D6859 test method or ASTM D7241 test method). Primary Backing: Tufted - 100% woven or non -woven synthetic. Secondary Backing: Modular backing system. Manufacturer's representative to supply detailed information on performance properties. Resistance to Delamination: ASTM D3936 test method: minimum 10.0 lbs/inch, no delamination. Tuft Bind: ASTM D1335 test method. Must resist a minimum of 10 lbs-force. Dimensional stability: Aachen method/ ISO 2551. Maximum Change +/- 0.20%. Flammability: Critical Radiant Flux: ASTM E648 test method, . >0.45 watts/cm' and/or federal, state or local requirements. Class 1. Smoke Density: ASTM E662 test method, rating to be less than 450 Dm in flaming mode (or to State Code). Federal Flammability standard: CPSC FF1-70 (Methenamine Pill test, ASTM D2859 test method). Must pass. Colorfastness to Light: AATCC TM 16 part 3 to 80 AFU; minimum rating of 3 using AATCC Gray Scale for Color Change. Suggested specification for areas with low to moderate traffic and some soiling where there is little exposure to sunlight (or other fading elements) and spills are unlikely. Colorfastness to atmospheric contaminants: AATCC TM 164 (fade resistance to oxides of nitrogen) and AATCC TM 129 (fade resistance to ozone) for 2 cycles; minimum rating of 3 using AATCC Gray Scale for Color Change. Colorfastness to crocking: AATCC TM 165, minimum rating of 4 using the AATCC Chromatic Transference Scale. Soil Resistance: DuraTech® soil resistance treatment Texture Retention Rating: Vettermann Drum test method, ASTM D5417, for 5,000 cycles with a minimum rating of a 3.0. [Hexapod test method, ASTM D5252, for 12,000 cycles (8.4 lb. tumbler) with a minimum rating of a 2.5]. Rating using the appropriate Commercial Reference Scale for the construction per ASTM D7330 test method. Testing without underpad or brushing. Sustainability: Must be certified at the [Silver, Gold or Platinum] Level (select one) in accordance with NSF/ANSI 140 the Sustainability Assessment for Carpet. Recycling: Used Carpet: Remove carpet and recycle regardless of manufacturer, fiber type or construction. Reclamation Agency and Carpet Remover shall certify in writing that Used Carpet was removed and recycled. Landfills are not an option. Exhibit A Page 4 of 8 Packet Pg. 520 16.C.2.d The specifier reserves the right to choose the appropriate product. Suggested Antron® nylon specification for areas with Moderate to Heavy traffic and soiling where spills may occur and sunlight exposure may be moderately high. MATERIALS Carpet: Throughout this contract shall be of the same type and manufacture. Carpeting shall be as specified L or approved equal: 0 Yarn: 100% Antron® type 6,6 bulk continuous filament (BCF) nylon. Hollow filament fiber shapes for 0 optimum soil hiding capability. Fiber identification to AATCC Test Method 20. [No substitutions allowed]. S m 0 Static Control: By permanent means (i.e. antistatic filaments) and without chemical treatment. Static V generation below 3.5 kilovolts using AATCC TM 134 [Electrostatic Propensity (Step)]. 0 U_ Construction: Tufted or woven, level or multi -level loop pile with maximum pile height variation of 1/16 — inch. o Dye Method: 100% Solution dyed, 100% Yarn dyed or combinations of both as long as all requirements in this document are met. Pile Weight: Minimum 14 oz./ydz, ASTM D5848 test method, ti ao Pile density: Minimum 5500 for moderate to heavy traffic. Pile density = 36 x pile wt (oz./sq yd)/ pile thickness (inches) ti (Pile Thickness: ASTM D6859 test method or ASTM D7241 test method). N N Primary Backing: Tufted - 100% woven or non -woven synthetic. m Secondary Backing: High performance, modular backing system. Manufacturer's representative to supply detailed information on performance properties. Q Resistance to Delamination: ASTM D3936 test method: minimum 10.0 lbs/inch, no delamination. Tuft Bind: ASTM D1335 test method. Must resist a minimum of 10 lbs-force. Dimensional stability: Aachen method/ ISO 2551. Maximum Change +/- 0.20%. Flammability: Critical Radiant Flux: ASTM E648 test method, >0.45 watts/cm2 and/or federal, state or local requirements. Class 1. Smoke Density: ASTM E662 test method, rating to be less than 450 Dm in flaming mode (or to State Code). Federal Flammability standard: CPSC FF1-70 (Methenamine Pill test, ASTM D2859 test method). Must pass. Colorfastness to Light: AATCC TM 16 part 3 to 160 AFU; minimum rating of 3-4 using AATCC Gray Scale for Color Change. Exhibit A Page 5 of 8 Packet Pg. 521 16.C.2.d Suggested Antron® nylon specification for areas with moderate to heavy traffic and soiling where spills may occur and sunlight exposure may be moderately high. Colorfastness to atmospheric contaminants: AATCC TM 164 (fade resistance to oxides of nitrogen) and AATCC TM 129 (fade resistance to ozone) for 2 cycles; minimum rating of 3 using AATCC Gray Scale for Color Change. Colorfastness to crocking: AATCC TM 165, minimum rating of 4 using the AATCC Chromatic Transference Scale. Stain Resistance: AATCC TM 171 (HWE) for 2 cleanings to simulate removal of topical treatments by hot water extraction, followed by AATCC TM 175 Stain Resistance test; minimum rating of 6 using AATCC Red 40 Stain Scales. Soil Resistance: DuraTech® soil resistance treatment Coloration/Patterning: Minimum of 3 color hues. Hue values to be in medium to medium -dark range for optimum soil hiding capability. Regular or Random patterning. Texture Retention Rating: Vettermann Drum test method, ASTM D5417, for 22,000 cycles with a minimum rating of a 3.0. [Hexapod test method, ASTM D5252, for 12,000 cycles (8.4 lb, tumbler) with a minimum rating of a 3.01. Rating using the appropriate Commercial Reference Scale for the construction per ASTM D7330 test method. Testing without underpad or brushing. . Sustainability: Must be certified at the [Silver, Gold or Platinum] Level (select one) in accordance with NSF/ANSI 140 the Sustainability Assessment for Carpet. Recycling: Used Carpet: Remove carpet and recycle regardless of manufacturer, fiber type or construction. Reclamation Agency and Carpet Remover shall certify in writing that Used Carpet was removed and recycled. Landfills are not an option. The specifier reserves the right to choose the appropriate product. Suggested Antron® nylon specification for areas with heavy to severe traffic and heavy soiling where spills are likely and sunlight exposure will be high. MATERIALS Carpet: Throughout this contract shall be of the same type and manufacture. Carpeting shall be as specified or approved equal: Yarn: 100% Antron® type 6,6 bulk continuous filament (BCF) nylon. Hollow filament fiber shapes for optimum soil hiding capability. Polymer type identification to AATCC TM 20. [No substitutions allowed]. Static Control: By permanent means (i.e. antistatic filaments) and without chemical treatment. Static generation below 3.5 kilovolts using AATCC TM 134 [Electrostatic Propensity (Step)]. Construction: Tufted, level or multi -level loop pile with maximum pile height variation of 1/32 inch. Dye Method: 100% Solution dyed [100% Solution dyed or 100% Yarn dyed or combinations of both as long as all requirements in this document are met]. Exhibit A Page 6 of 8 Packet Pg. 522 16.C.2.d Pile Weight: Minimum 14 oz/yd2, ASTM D5848 test method. Pile density: Minimum 5500 for heavy or severe traffic. Pile density = 36 x pile weight (oz./yd2)/ pile thickness (inches) (Pile Thickness: ASTM D6859 test method or ASTM D7241 test method). Primary Backing: Tufted - 100% woven or non -woven synthetic. Secondary Backing: High performance, moisture impermeable modular backing system. Manufacturer representative to supply detailed information on performance properties. Resistance to Delamination: ASTM D3936 test method: minimum 10.0 lbs./inch, no delamination. Tuft Bind: ASTM D1335 test method. Must resist a minimum of 10 lbs-force. Dimensional stability: Aachen method/ ISO 2551. Maximum Change +/- 0.20%. Flammability: _ 2 Critical Radiant Flux: ASTM E648 test method, glue down. Must meet NFPA Class I (>0.45 watts/cm and/or federal, state or local requirements. Smoke Density: ASTM E662 test method, rating to be less than 450 Dm in flaming mode (or to State Code). N Federal Flammability standard: CPSC FF1-70 (Methenamine Pill test, ASTM D2859 test method). Must __ pass. ti Colorfastness to Light: AATCC TM 16 part 3 to 200 AFU; minimum rating of 3-4 using AATCC Gray Scale for Color Change. cn ti 0 Suggested Antron© nylon specification for areas with heavy to severe traffic and heavy soiling where spills are likely and sunlight exposure will be high. r c m Colorfastness to atmospheric contaminants: E m AATCC TM 164 (resistance to fade from oxides of nitrogen) and AATCC TM 129 (resistance to fade from ozone) for 2 cycles; minimum rating of 3-4 using AATCC Gray Scale for Color Change. Q a� Colorfastness to crocking: AATCC TM 165, minimum rating of 4 using the AATCC Chromatic L d Transference Scale. > 0 0 Stain Resistance: AATCC TM 171 (HWE) for 2 cleanings to simulate removal of topical treatments by hot 0 water extraction, followed by AATCC TM 175 Stain Resistance test; minimum rating of 8 using AATCC Red 40 Stain Scale. w d Soil Resistance: DuraTech® soil resistance treatment Coloration/Patterning: Minimum 5 color hues. Recommended: Hue values to be in medium to medium - dark range with random or complex patterning for optimum soil hiding capability. Texture Retention Rating: Vettermann Drum test method, ASTM D5417, for 22,000 cycles with a minimum rating of a 3.0 [Hexapod test method, ASTM D5252, for 12,000 cycles (8.4 lb tumbler) with a minimum rating of a 3.5]. Rating using the appropriate Commercial Reference Scale for the construction per ASTM D7330 test method. Testing without underpad or brushing. Sustainability: Must be certified at the [Silver, Gold or Platinum] Level (select one) in accordance with NSF/ANSI 140 the Sustainability Assessment for Carpet. Exhibit A Page 7 of 8 Packet Pg. 523 16.C.2.d Moisture Barrier: Moisture Penetration by Impact Test: No Penetration of backing after 10,000 impacts at 10 psi. The specifier reserves the right to choose the appropriate product. Vinyl Sheet Flooring - Manufacturer: Armstrong or Shaw, or approved equal A. Style: Classic Corlon commercial sheet flooring B. Form/Gauge: 6' rolls, .080" C. Load Limit: 100 psi . Vinyl composition the - Manufacturer: Armstrong or Shaw and Designer Essentials, or approved equal A. 12" X 12" B. 16" X 16" C. 18" X 18" D. Plank sizes Base Manufacturer: Roppe Corp or approved equal A. 6" cove base B. 4" cove base Stair treads Manufacturer: Mercer Products Company or approved equal A. Vinyl, 12" depth, Commercial 210, normal traffic B. Vinyl, 12" depth, Commercial 250, heavy traffic C. Rubber, 12" depth, Commercial 250, heavy traffic D. Vinyl, 12" depth, 2" abrasive safety tread E. Rubber, 12" depth, 2" abrasive safety tread Ribbed Rubber Floor Tile Manufacturer: Mercer Products Company or approved_egual A. Tile size: 17 13/16" x 17 13/16" B. Overall gauge: .138" C. Base gauge: .118" D. Height of stud: .020" E. Stud diameter —Top: .863" Porcelain Stone Tile Manufacturer: Crossville Porcelain Stone - Americana series or approved equal A. Tile Size a. 12" X 12" b. 16" X 16" c. 18" X 18" d. 20" X 20" e. 24" X 24" f. Plank like sizes Exhibit A Page 8 of 8 Packet Pg. 7524] 16.C.2.d Exhibit B Fee Schedule ❑ following this page (pages through ) 0 this exhibit is not applicable Page 18 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 525 16.C.2.d R this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and (Business Address) to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our representatives, successors and assigns, jointly and severally. Bond No. Contract No. as as Surety, located at are held and firmly bound heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ti r` co M 0 N Packet Pg. 526 16.C.2.d Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20_ , as of a _ corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) •E , by Page 20 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ti 00 M ti 0 N N Packet Pg. 527 16.C.2.d of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this as Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) of Name: (Legibly Printed) Notary Public, State of Commission No.: 20 , by_ Page 21 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 r ti 00 M r` 0 N Packet Pg. 528 16.C.2.d R this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 ti 00 M ti 0 N Packet Pg. 529 16.C.2.d This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF no] PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this by , as a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 530 16.C.2.d ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by — I as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: ti co T M 0 N N Page 24 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 531 16.C.2.d OR this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF (_ ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR Fin ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , as of corporation, on behalf of the corporation. My Commission Expires: (AFFIX OFFICIAL SEAL) He/she is personally known to me as identification and did (did not) take an oath. (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 20 , by or has produced Page 25 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 532 16.C.2.d R this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ __% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % Liquidated Damages to be Accrued Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date roject Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title)) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 533 16.C.2.d FO-1 this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: F= Change #: = Purchase Order #: Project #: F__ Contractor/Firm Name: �— Project Name: Project Manager Name:— Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenaa item 7F Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/01 Change from Current BCC Approved Amour Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Tasks) Change, and Rationale for the Change Notice to Proceed �� Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 534 16.C.2.d 0 this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To ,�hP►L;4 And To ti co M ti O N N The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 535 16.C.2.d The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract - Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. 0o T M Executed by Design Professional on , 20_ N N r Design Professional in Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER By: Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 536 16.C.2.d 0 this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. In OWNER And To ti r` co M ti 0 N N The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this uertiticate: Page 30 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 537 16.C.2.d Executed by Design Professional on Design Professional 20 By: Type Name and Title ; 0 U CONTRACTOR accepts this Certificate of Final Completion on 0 0 20 U_ 4- 0 1 � 0 CONTRACTOR By: Type Name and Title ti OWNER accepts this Certificate of Final Completion on o T 20_ M 0 N N OWNER r a� By: Type Name and Title ;v Page 31 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 Packet Pg. 538 16.C.2.d W this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: 0 r 0 Name and Address of CONTRACTOR: N ti co r CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF N N FINAL COMPLETION. y The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.l Packet Pg. 539 16.C.2.d Description: Other Exhibit/Attachment EXHIBIT C- Work Assignment FE-1 following this page (pages 1 ❑ this exhibit is not applicable through 1 ) Page 33 of 33 Multi -Award Agreement 2017.006 Ver.l Packet Pg. 540 16.C.2.d 18-7471 "Purchase and Installation of Floor Covering" EXHIBIT C WORK ASSIGNMENT All awarded Contractors under this Agreement will receive an invitation for quote and shall respond within 7 business days, unless otherwise directed by the County representative or designee. Quotes are to be fully burdened with all labor, equipment and materials included. In each scope of work the County representative or designee reserves the right to specify: the period of completion, warranty requirements, deductions in the event of late completion, non -compliant performance, and vendor caused damages. Contractors will be awarded based on the lowest price provided. The following Articles of the Agreement shall only be applicable for individual projects over $200,000; Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 3.4. Completion cn() Packet Pg. 541 16.C.2.d ' ® DATE (MM/DD/YYYY) 'oRo CERTIFICATE OF LIABILITY INSURANCE 5/17/2019 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 have ADDITIONAL INSURED provisions or 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 Five County Insurance Agency Inc 14120 Metropolis Ave Fort Myers FL 33912 INSURED Wayne Wiles Floorcoverings Inc Hessler Floor Covering 7851 Supply Dr Fort Myers FL 33912 WAYNE-1 Certificate Department ,,,,. 239-939-1400 I INSURER(Sl AFFORDING COVERAGE I NAIC # Hartford Fire Insurance Trumbull Insurance Co Hartford Casualty Insurance FCCI Insurance COmOanv COVERAGES CERTIFICATE NUMBER:418355667 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUER POLICY NUMBER MMILDD YY EXP MM DDY LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE [_�] OCCUR Y 21UUNHH6434 10/1/2018 10/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [ X] PECT RO ❑ LOC J OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY 1X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y 21UENHH6550 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 21RHUHH6284 10/1/2018 10/1/2019 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YM OFFICER/MEMBER EXCLUE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 001WC19A76967 1/1/2019 1/1/2020 X OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Contract# 18-7471: Collier County Board of County Commissioners are included as Additional Insured for any and all work performed in Collier County when required per written contractual agreement with respects to Commercial General Liability and Automobile Liability on a primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r ti h 00 M ti O N N ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 542