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Agenda 03/28/2023 Item #16C1 (Replacement of the flooring at the Collier County Sheriff's Office Pecial Operations Building)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 28, 2023 Move Item 16K1 to 12A: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement with Naples Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Links of Naples Golf Course. (All Districts) (Commissioner McDaniel’s Request) Item 3A2b to be continued to the April 11, 2023 BCC Meeting: 25 Years - Jeanne Marcella - Transportation Management Services - Administrative Support Specialist II (Staff’s Request) Item 16C5 to be continued to the April 11, 2023: Recommendation to 1) approve the attached Agreement and Access and Utility Easement to allow VB BTS, II, LLC, access to its proposed communications tower through Palm Springs Neighborhood Park and authorize the Chairman to execute same on behalf of the Board of County Commissioners; 2) Direct the County Manager or her designee, to record the Access and Utility Easement in the Public Records of Collier County, Florida; and 3) Direct staff to ensure that all proposed improvements discussed herein are part of and incorporated within the SDP (PL20210000655). (District 1) (Staff’s Request) Notes: Correction to the Index Title for 16C1: The ITB # should be 23-8088 rather than what was published in the agenda Index of 22-8088. TIME CERTAIN ITEMS: Item 10A to be heard at 10:00 AM: Advertise and bring back for a hearing for an ordinance for the Collier County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution. 3/31/2023 9:50 AM 03/28/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 23-8088, “Collier County Sheriff’s Special Operations Building Flooring Replacement” project, to Wayne Wiles Floorcoverings, Inc., in the amount of $104,900, and authorize the Chairman to sign the attached agreement. OBJECTIVE: To procure professional services for the replacement of the flooring at the Collier County Sheriff’s Office Special Operations Building (“CCSO Special Ops”). CONSIDERATIONS: The CCSO Special Ops building experienced damage throughout the first floor during Hurricane Ian. The carpet tile flooring on the first floor was deemed unusable and has been removed through mitigation efforts obtained by the CCSO. The Division of Facilities Management is responsible for the maintenance, repair, capital replacement, and construction of County-owned buildings and facilities. After consultation with the CCSO, staff determined that replacement of the carpet tile with Luxury Vinyl Tile (“LVT”) would mitigate potential future damage. Facilities Management staff then worked with the Grants Division to determine the best method of procurement to enable potential FEMA grant reimbursement for the replacement flooring. A scope of work was developed for a like replacement of the carpet tile, with an alternate scope of work to use LVT flooring in leu of carpet tile. On January 27, 2023, the Procurement Services Division issued ITB No. 23-8088, Collier County Sheriff’s Special Operations Building Flooring Replacement. The County received four bids by the February 21, 2023 deadline., as summarized below. RESPONDENTS: Company Name City County Primary Bid Alternate Bid Responsive/ Responsible Wayne Wiles Floorcoverings, Inc. Ft. Myers Lee $112,480 $104,900 Yes/Yes Tampa Contract Floors, Inc. Tampa Hillsborough $148,060 $153,500 Yes/Yes OFDC Commercial Interiors, Inc. Clearwater Lee $158,437 $153,983 Yes/Yes Vetor Contracting Fort Myers Lee $218,883 $231,147 No/Yes Staff reviewed the bids received and determined there were three responsive and responsible bids. Vetor Contracting was deemed non-responsive due to failure to submit all required bid documents. Wayne Wiles Floorcoverings, Inc. was contacted to resolve minor irregularities. The low bidder has been in business with locations in Naples and Fort Myers since 1985, and has been doing business with the County since 2002 as Wayne Wiles Carpets, Inc. d/b/a Wayne Wiles Floor Coverings. The vendor is currently operating as Wayne Wiles Floorcoverings, Inc. and has been since 2008. Staff recommends award to the lowest responsive and responsible bidder, Wayne Wiles Floorcoverings, Inc., for the alternate bid in the total amount of $104,900. FISCAL IMPACT: Funding in the amount of $104,900 is available in Hurricane Ian FEMA Grants Fund (727), under 250 Patriot Way - Sheriff Special Ops Project No. 50280.9.1. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT 16.C.1 Packet Pg. 1023 03/28/2023 RECOMMENDATION: That the Board award ITB No. 23-8088, “Collier County Sheriff’s Special Operations Building Flooring Replacement” project, to Wayne Wiles Floorcoverings, Inc., in the amount of $104,900, and authorize the Chairman to sign the attached agreement. Prepared by: Tim Rygiel, PMP, CFM., Project Manager II, Facilities Management Division ATTACHMENT(S) 1. 23-8088 COI_WayneWilesFloorcoverings,Inc. (PDF) 2. [Linked] 23-8088 Contract_ WayneWilesFloorcoverings, Inc._VendorSigned (PDF) 3. 23-8088 Invitation to Bid (ITB) (PDF) 4. 23-8088 NORA (PDF) 5. Wayne Wiles Bid Package (PDF) 6. 23-8088 Bid Tabulation (PDF) 7. 23-8088_Price Analysis (PDF) 16.C.1 Packet Pg. 1024 03/28/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 24869 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 22-8088, “Collier County Sheriff’s Special Operations Building Flooring Replacement” project, to Wayne Wiles Floorcoverings, Inc., in the amount of $104,900, authorize the Chairman to sign the attached agreement. Meeting Date: 03/28/2023 Prepared by: Title: Operations Analyst, Senior – Facilities Management Name: Bendisa Marku 03/16/2023 8:33 AM Submitted by: Title: – Facilities Management Name: John McCormick 03/16/2023 8:33 AM Approved By: Review: Facilities Management Tim Rygiel Additional Reviewer Completed 03/16/2023 8:48 AM Facilities Management John McCormick Director - Facilities Completed 03/16/2023 8:53 AM Procurement Services Kristofer Lopez Additional Reviewer Completed 03/16/2023 8:55 AM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 03/16/2023 9:50 AM Facilities Management Jennifer Belpedio Manager - Real Property Completed 03/16/2023 10:22 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 03/16/2023 10:57 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/16/2023 8:19 PM Grants Erica Robinson Level 2 Grants Review Completed 03/17/2023 8:50 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/17/2023 10:59 AM Procurement Services Sandra Herrera Additional Reviewer Completed 03/17/2023 12:56 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/20/2023 8:37 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/20/2023 9:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/20/2023 9:41 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 03/20/2023 10:22 AM Grants Therese Stanley Additional Reviewer Completed 03/20/2023 11:21 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/21/2023 2:53 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 03/22/2023 8:31 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/22/2023 8:55 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/28/2023 9:00 AM 16.C.1 Packet Pg. 1025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of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a Packet Pg. 1026 Attachment: 23-8088 COI_WayneWilesFloorcoverings,Inc. (24869 : CCSO Special Ops Flooring Replacement) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR COLLIER COUNTY SHERIFF’S SPECIAL OPERATIONS BUILDING FLOORING REPLACEMENT SOLICITATION NO.: 23-8088 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 Kristofer.Lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.C.1.c Packet Pg. 1027 Attachment: 23-8088 Invitation to Bid (ITB) (24869 : CCSO Special Ops Flooring Replacement) SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8088 PROJECT TITLE: Collier County Sheriff’s Special Operations Building Flooring Replacement PRE- BID MEETING: January 25th, 2023 @ 9:30 AM LOCATION: 250 Patriot Way, Naples Florida 34101 DUE DATE: February 7, 2023 @ 3:00 PM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Facilities Management Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. BACKGROUND The Collier County Sheriff’s Office Special Operations (CCSO Special Ops) building located at 250 Patriot Way, Naples, Florida 34104, experienced flood water inundation throughout the first floor during Hurricane Ian. The carpet tile flooring has been removed and needs to be replaced. TERM OF CONTRACT The contract term if an award(s) is/are made is intended to be for current needs only. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ¾ The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. ¾ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ¾ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price, lowest discount, or criteria established in the solicitation as outlined below: x The Award will be made to the lowest Total Base Bid or Total Alternate Bid price. ¾ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: x Identify a single awardee 16.C.1.c Packet Pg. 1028 Attachment: 23-8088 Invitation to Bid (ITB) (24869 : CCSO Special Ops Flooring Replacement) ¾ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK 1. REQUIREMENTS: 1.1 All work must comply with the current Collier County Vertical Standards (CCVS) and the Florida Building Code. 1.2 Contractor is responsible to obtain any required permits to complete project. Permit fees associated with Collier County permitting to be paid by direct transfer from the County. All other permit fees to be paid by the Contractor. 1.3 Provide all necessary items, tools, hardware, resources, materials, etc. to fully and properly complete all project tasks. 1.4 Selected Contractor may utilize owner’s as-built drawings as needed to secure permits and complete project if applicable. 1.5 Contractor shall utilize the County’s online Project Management Information System (PMIS)-Procore and all tools within the system, including Requests for Information (RFIs), Submittals, Daily Log, Photos, Drawings, Specification, Meetings, Schedule, Transmittals, Inspections, Incidents, Budget, Documents, Directory, and any other tools as required by Collier County. The Contractor will be given full access to Procore and will be responsible for managing the RFI and Submittal workflows, document management, drawing meeting management and all other project management tools to ensure an efficient project. The Contractor will be able to invite subcontractors to the project to ensure full participation. 1.6 The Contractor will be required to provide photographs of the progress and successful completion of the work. 1.7 The Contractor must warranty the work completed for a minimum of 1 year following the completion of this project. Any call-back or remediation work will be completed at no charge to Collier County. 1.8 All work must be performed by properly qualified employees. Credentials may be requested by Collier County. 1.9 The Contractor and their subcontractors are required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor / subcontractor shall be responsible for all associated costs. The cost is $40.00 per person. 1.10 The awarded Contractor, subcontractors, and any personnel working onsite will be required to obtain a Collier County Sheriff’s Office ID badge in addition to the Collier County Vendor badge. This is a separate background check and additional fingerprinting process via www.fieldprintflorida.com. The fingerprinting cost is $12.00 per person. 1.11 Contractor is responsible for blocking off and maintaining any safety perimeters necessary for work. Contractor shall properly block off construction areas as appropriate until the work item is complete. 1.12 The awarded Contractor will receive a Purchase Order for work requested and may not start work prior to receiving the Notice to Proceed. 1.13 The project shall be completed within 90 days of Notice to Proceed (NTP). 2. BASE SCOPE- CARPET TILE FLOORING: 2.1 Contractor shall provide and install approximately 23,000 square feet (see Attachment 1 for proposed flooring locations) of Mohawk GT154 Remix carpet tile or approved equal, see Attachment 2 for specification. Contractor shall be responsible for field verification of measurements and calculations of material quantities. 2.2 Contractor shall assure the floor space to be permanently dry, clean, smooth, level, structurally sound, and free of all contaminants, dust, solvents, grease, chemicals, residual adhesives, adhesive removers, alkaline salts, mold and mildew. 2.3 Contractor shall assure any depressions, deep grooves, expansion joints and other subfloor imperfections are filled with patching/leveling compound prior to installation of flooring. 2.4 Flooring shall be installed with all necessary primers and adhesives required to insure proper adhesion. 2.5 Flooring shall be installed square and true with minimum gaps at side and end seams. 2.6 Flooring shall be cleaned of any excess adhesives and blemishes left after installation. 2.7 Contractor shall provide and install 4-inch vinyl wall cove base molding upon completion of flooring installation. 2.8 All work shall be performed in a workman like professional manner utilizing manufacturers guidance and best practices to minimize wasted materials. 3. ALTERNATE SCOPE- LVT PLANK FLOORING: 3.1 Contractor shall provide and install approximately 23,000 square feet (see Attachment 1 for proposed flooring locations) of Latitude Wood PLWD 3603 6”x48” luxury vinyl tile (LVT) plank or approved equal, see Attachment 2 for specification. Contractor shall be responsible for field verification of measurements and calculations of material quantities. 3.2 Contractor shall assure concrete surfaces are smooth and flat to within 1/8” in 10 ft. radius or achieve an “50” rating using mechanical grinding /sanding or by applying suitable non-shrinking water-resistant Portland based 16.C.1.c Packet Pg. 1029 Attachment: 23-8088 Invitation to Bid (ITB) (24869 : CCSO Special Ops Flooring Replacement) level/patch compound. 3.3 Contractor shall assure the floor space to be permanently dry, clean, smooth, level, structurally sound, and free of all contaminants, dust, solvents, grease, chemicals, residual adhesives, adhesive removers, alkaline salts, mold and mildew. 3.4 Contractor shall follow all manufacturer's instructions, including but not limited to, subfloor moisture testing. “All concrete subfloors must be tested for moisture and pH (alkalinity). Moisture testing must be conducted in accordance with ASTM F 2170 Standard Test Method for Determining Relative Humidity in Concrete Floor Slabs Using in situ Probes or ASTM F 1869 Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride. Following ASTM F 2659 Preliminary Evaluation of Comparative Moisture Condition of Concrete, Gypsum Cement and Other Floor Slabs and Screeds Using a Non- destructive Electronic Moisture Meter can provide qualitative information prior to performing ASTM F 2170 or ASTM F 1869. 3.5 Contractor to assure substrate shall not slope more than 1 inch per 6 feet. in any direction. 3.6 Contractor shall assure any depressions, deep grooves, expansion joints and other subfloor imperfections are filled with patching/leveling compound prior to installation of flooring. 3.7 LVT plank flooring and adhesives shall be on site for 48 hours to acclimate to areas of installation. 3.8 LVT plank flooring shall be installed with all necessary primers and adhesives required to insure proper adhesion. 3.9 LVT plank flooring shall be installed square, true and level with minimum gaps at side and end seams. 3.10 Contractor shall provide and install any transitions required to accommodate variances in flooring height between rooms or areas. 3.11 Flooring shall be cleaned of any excess adhesives and blemishes left after installation. 3.12 Contractor shall provide and install 4-inch vinyl wall cove base molding upon completion of LVP flooring. 3.13 All work shall be performed in a workman like professional manner utilizing manufacturers guidance and best practices to minimize wasted materials. 4. JOBSITE MAINTENANCE: 4.1 The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas in the most environmentally friendly manner possible. 4.2 The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the County's representative, shall remove such debris and materials from the property. 4.3 There will be no additional cost to the County for clean-up. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** 16.C.1.c Packet Pg. 1030 Attachment: 23-8088 Invitation to Bid (ITB) (24869 : CCSO Special Ops Flooring Replacement) Notice of Recommended Award Solicitation: 23-8088 Title: Collier County Sheriff’s Special Operations Building Flooring Replacement Due Date and Time: February 21, 2023 @ 3:00 PM EST Respondents: Company Name City County Primary Bid Alternate Bid Responsive/Responsible Wayne Wiles Floorcoverings, Inc Ft. Myers Lee $112,480 $104,900 Yes/Yes Tampa Contract Floors, Inc. Tampa Hillsborough $148,060 $153,500 Yes/Yes OFDC Commercial Interiors, Inc. Ft. Myers Lee $158,437 $153,983 Yes/Yes Vetor Contracting Ft. Myers Lee $218,883 $231,147 No/Yes Utilized Local Vendor Preference: Yes No On January 27, 2023, the Procurement Services Division issued Invitation to Bid (“ITB”) No. 23-8088, Collier County Sheriff’s Special Operations Building Flooring Replacement, to eight thousand and four (8,004) vendors. Forty-six (46) bid packages were viewed and four (4) bids were received by the February 21, 2023, deadline. Staff reviewed the bids received and determined there were three (3) responsive and responsible bids. Vetor Contracting was deemed non-responsive due to failure to submit all required bid documents. Wayne Wiles Floorcoverings, Inc. was contacted due to minor irregularities. Staff recommends award to the lowest responsive and responsible bidder, Wayne Wiles Floorcoverings, Inc., for the alternate bid in the total amount of $104,900. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date 16.C.1.d Packet Pg. 1031 Attachment: 23-8088 NORA (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1032 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1033 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1034 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1035 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1036 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1037 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1038 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1039 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1040 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1041 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1042 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1043 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1044 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1045 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1046 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1047 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1048 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1049 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) Wayne Wiles Wayne Wiles 2/27/23 Sales Manger scootware@hesslerfloors.com (239) 597-2195 16.C.1.e Packet Pg. 1050 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1051 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1052 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1053 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1054 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1055 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1056 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1057 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1058 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1059 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1060 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1061 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1062 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1063 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1064 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1065 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1066 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1067 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1068 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1069 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) 16.C.1.e Packet Pg. 1070 Attachment: Wayne Wiles Bid Package (24869 : CCSO Special Ops Flooring Replacement) êňŪ 2H+L9<5LC9LC/+L Ie G`Ūû"0 ŪoaT7Ū <+;E+AC+<L9L79CL èĺŪ.ŪMĬ ŪÿĚ1ŕŪ A+7)LC9LC/+LL >ġLŪeĤĞŪ²ĔŪ ŨŪì;ŪS;Ū ;{ŪAŜĖ;A_Ū AvŪŝŪĴč_SŪA;{S;AÀŪ ËŪ cĝ ŪIŪŘHŪļŪ<1]Ūs"$ Ū6Ū ť7ŪcĹŪôŪ1]DŪŪŪĶ ÝŪ#ŪŪĸG ŪŪ Ū0 \3Ū !"G7+L!24+BL499<'9H+<07#BL7'L ÏŪá1@ Ū$ę#Ń#DŪ M®Ū$ CŪsPŪ#ı ŪP$Ū0G Ū ÐŪ+ "\Ū!!! 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Tampa Contract Floors, Inc OFDC Commercial Interiors, Inc. Vetor Contracting 1 Provide and install carpet tile flooring approximately 23,000 sq ft. LS $112,480 $148,060 $158,437 $218,883 BID TOTAL $112,480 $148,060 $158,437 $218,883 Alternate Flooring 2 Provide and install Luxury Vinyl Tile plank flooring in lieu of carpet LS $104,900 $153,500 $153,983 $231,147 TOTAL ALTERNATE BID $104,900 $153,500 $153,983 $231,147 Form 1: Vendor Declaration Statement Yes* Yes Yes No Form 2: Conflict of Interest Certification Affidavit Yes* Yes Yes No Form 3: Immigration Affidavit Certification Yes* Yes Yes No Grant Provisions and Assurances package Yes* No* Yes No Business Tax Receipt Yes* N/A Yes No W-9 Yes Yes Yes No Sun Biz Yes* Yes Yes No E-Verify Yes* No* Yes No Bid Schedule Yes Yes Yes Yes Addendum Yes Yes Yes No * Deemed Minor Irregularity Opened by: Kristofer Lopez, Procurement Strategist Witnessed by: Juan Delgado, Procurement Strategist BID SCHEDULE 16.C.1.f Packet Pg. 1075 Attachment: 23-8088 Bid Tabulation (24869 : CCSO Special Ops Flooring Replacement) COLLIER COUNTY For the Acquisition of Goods and Services Funded By Federal/State Grant Programs PRICE ANALYSIS: FAIR AND REASONABLE PURPOSE: Grantees must perform an analysis of price for all procurement actions. Price analysis is used if competition is deemed adequate. The evidence compiled by a price analysis includes: •Developing and examining data from multiple sources whenever possible that proves or strongly suggests the proposed price is fair. •Determining when data consistently indicates that a given price represents a good value for the money. •Documenting data sufficiently to convince a third party that the analyzer’s conclusions are valid. Requisition/Bid/PO Item Description The price quoted by (________________) is deemed to be fair and reasonable based on the following analysis: CHECK ALL THAT APPLY Comparison of proposed pricing for same or similar item with historical pricing from previous purchases of the same item, adjusted by market data such as a Consumer or Producer Price Index or Inflation Rate over the corresponding time frame (attach data and historical price record). Comparison to the same or similar item found on existing Federal, State, or municipal contracts (identify contract pricing source). Comparison of price components against established market prices, such as labor rates, dollars per square foot, etc., to justify the price reasonableness of the whole (attach analysis that supports conclusions). Comparison of proposed pricing with in-house, independent cost estimates for the same item (complete summary below, attach the signed in-house estimate, and explain factors influencing any differences). The quoted price is from a regulated utility (identify the utility in the “Comments’ section below and provide State regulation). Other (e.g., verifiable sales information for the same/similar item sold to supplier’s other customers (discuss in “Comments” section below and attach supplier’s sales information). Comparison with competing supplier’s prices, catalogue pricing or price lists, commercially advertised sale prices, or prices obtained through other market research (e.g., Internet, trade journals, etc.) for the same/similar item (complete summary below ). CHECK ONE: SUMMARY OF ANALYSIS: Item Proposed Pricing Other Vendor: Vendor: Vendor: COMMENTS: IFB Bid Tab was prepared and is on fileͬĂƚƚĂĐŚĞĚ. (Invitation For Bid) RFP Ranking Sheet was prepared and is on fileͬĂƚƚĂĐŚĞĚ. (Request for Proposal) PREPARED BY: Name Date est. FY14 v. 2 16.C.1.g Packet Pg. 1076 Attachment: 23-8088_Price Analysis (24869 : CCSO Special Ops Flooring Replacement)23-8088 Flooring Wayne Wiles Floorcoverings, Inc Other Other Other Tim Rygiel, PMP 3/20/2023 Kristofer Lopez, Procurement Strategist Tim Rygiel, Project Manager 23-8088 Bid Tabulation Invitations Sent: 8004 Viewed:46 Submitted: 4 Bid Number 23-8088 Project Title: Collier County Sheriff's Office Special Operations Building Flooring Replacement Bid Tabulation Non-Responsive Line Item Description Wayne Wiles Floorcoverings, Inc. Tampa Contract Floors, Inc OFDC Commercial Interiors, Inc. Vetor Contracting 1 Provide and install carpet tile flooring approximately 23,000 sq ft. LS $112,480 $148,060 $158,437 $218,883 BID TOTAL $112,480 $148,060 $158,437 $218,883 Alternate Flooring 2 Provide and install Luxury Vinyl Tile plank flooring in lieu of carpet LS $104,900 $153,500 $153,983 $231,147 TOTAL ALTERNATE BID $104,900 $153,500 $153,983 $231,147 Form 1: Vendor Declaration Statement Yes* Yes Yes No Form 2: Conflict of Interest Certification Affidavit Yes* Yes Yes No Form 3: Immigration Affidavit Certification Yes* Yes Yes No Grant Provisions and Assurances package Yes* No* Yes No Business Tax Receipt Yes* N/A Yes No W-9 Yes Yes Yes No Sun Biz Yes* Yes Yes No E-Verify Yes* No* Yes No Bid Schedule Yes Yes Yes Yes Addendum Yes Yes Yes No * Deemed Minor Irregularity Opened by: Kristofer Lopez, Procurement Strategist Witnessed by: Juan Delgado, Procurement Strategist BID SCHEDULE 16.C.1.g Packet Pg. 1077 Attachment: 23-8088_Price Analysis (24869 : CCSO Special Ops Flooring Replacement) K SINGLE -CONTRACTOR AWARD AGREEMENT # 23-8088 for "COLLIER COUNTY SHERIFF'S SPECIAL OPERATIONS BUILDING FLOORING REPLACEMENT" THIS AGREEMENT, made and entered into on this day of and between WAYNE WILES FLOORCOVERINGS, INC. authorized to do business in the State of Florida, whose business 16831 Link Court, Fort Myers, Ft_ 33912 "Contractor") and Collier County, a political subdivision of the State of Florida, or "Owner}: WITNESSETH: 20 23 , by address is (the (the "County" AGREEMENT TERM. The Agreement shall be for Ninety ( 90 } days from eemmen6Rg El upeR the date of BeaFd ; of Elee , and ter ..nnfl .—Ing day(e) frem that date in rnhnne Order(o), ❑ p-&*f-abr. of the Agree —on+ norinrl_ hairn_been nnm Pieted er to ffn'nated the Commencement Date specified in the Notice to Proceed. The l ei rnkL[1 iLanager, er his des gRe at .men�,T-u nd eT �1 T11 �] des 1..77 �. �, , 1 all of+r�rrnc +zci irs and itfens eentafR of the Tel Inty's intention to extend th�m extend the to FPA then in effect. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ® Purchase Order ® Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ 0 Invitation to Bid (1TB) Gther )/ # 23-8088, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 36 Single Contractor Award Agreement [2022_ver.31 Cho 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. 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. ❑ The -pre ❑ 9theF 3.4 ❑ The -Ge my reserves the to isPri onv7T�c poFig ; _�t3i�l"��e e ent of late nn efieni and th``TTTG� PFi6e-Methedelegy se en}n�iQLGld in 4. 4. 4. THE AGREEMENT SUM. ❑■ The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. 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 Prompt Payment Act". ❑ The GeuRlY shall pay th estFaste FnaX!F ►YR4 at euRt of fi Fninhed ner _f Xh a the --as ,.J f q en} tia egad ej "and -in ee e uL .+nnl GeYeFnmen} ❑rampt D.»imvnf Aeg- ❑ -The-Ge We di eFfBFFAed-P#F51laRt tO-the-quote &peei,.GontaGtOIF(_L fie Request for 1�� tieadp��r nt fir. t. a PriGe hAo}hnrtele ❑ S quoted ffiees shall be b-ased o-1, Exhibit B Fee Ohedule. Payment A411-te R tFaG[ ' , T'7'at ., ^;�, �e-i-newE ent RFE)Mp} Payment Page 2 of 36 Single Contractor Award Agreement [2022_ver.3] CAO ❑ The Gounty J7 11 pay the C;E)ntFaGtOF ,-th.(y1nee of this nn esfimated i amount of ($ per County fiseal yeala, based on We* h �� gFRe e Gnse to a /6pee fie Request fn�p $��, tthe�Tse IiGG-f' letGT edele defi �ed_ on Se G,tt=91.7-4.1 . ❑ btlnticaetor's quoted nri E;es shall tie based on Exhibit Q Fee 9 ul and upen approval e VVu istrs ti..a A.ranil�rniant itA �n�n eG; U.dd4ry eerApilanee with 6b " me t i n 4.1 Price Methodology (as selected below): ■❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Tome ancrV[ate%rialrsrh_e"eu.m.ty agrees to pay the GGRtFaGter f-r-flne amount ef labortimespent -b }eyeee-aed--sul-ssntFaetern t^�^r sewer a er of hE)� ors times hni �r Y rate) �r+r: f n'�nlsand equip e " "'' I"�`� �"in the pFejeet (eest of which it is not pe6sible te aeewFately ,,,,tim e , eeted Ag that the prejeet FeqLHFerneRt6 would rfl1ost Y , de-RUrFaber- Of hours WONied and billing rate by pesitien (and net earnpany (eF subeeRtFaGtOF) t.fflekeeping rnatelFial OF went inyemeen and nth 1 � ❑ fixed f all Gest6, nl. ��np�hnr m..fe ri•+ n nrv� �inment E)yerhend, ete) fnr a Fepetitiye prnduet nr sesame vludi g f / , VY�i 1l7�G[ , C'i %�IIl—LTT�''i"' delivered (i.e. installationi , i ete nr snVl-C706t v Trleation). 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. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. Page 3 of 36 Single Contractor Award Agreement [2022_ver.3] CAO ❑ Traarraraci a�i In Cvn� ��o Expenses wt� be appFGved in Al -Pee in_�uriii g by t4�'—•-rpGau Re'rnbWsements shall he at the fellewing Fates: Mi e $ er-mite BFea kfast $"0 L-UR& $14799 Aiaaer $19-99 Akfafe lire Al teal tooket rest ed-te4e. RentRent.. Arr-votual limited to OF 6tandarr_�Lai�a reW al Gent eE)rnpant ,rohin_lac 1��11T vu vcnrv[�..s Ledp,yng Artwal 9"9 more ert li sJRe E7..iMb Urnnhl'ternsetheF than tFavel expenses ehall be limited to the fOIIOWiRgie long g ehaFges and-pe"e Oo1r_V bwrnni-.le ��egnaiGentFarateF has 'ded allreeeipts. GO fir. OOF shall be Fespee--fOF all ethere6nf eVenses assoiated with esand—se1i iAl�v . 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. Copier 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. 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: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail: E-Mail: WAYNE WILES FLOORCOVERINGS, INC. 16831 Link Court Fort Myers, FL 33912 Mark T Wiles, President Steven Cootware, Store Manager (239) 267-76001 239) 597-2195 mwiles@waynewiles.com _ scootware@hesslerfloors.com Page 4 of 36 Single Contractor Award Agreement ]2022_ver.3] Cp►O 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: Division Name: John McCormick Facilities Manaaement Address: 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 Administrative Agent/PM: Tim Rygiel, Project Manager If Telephone: (239) 438-5393 E-Mail(s): Timothy.Ry�gielo_CollierCountyFL.Gov 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, 1=.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, 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 Page 5 of 36 Single Contractor Award Agreement [2022_ver.3] CAO 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A.❑ 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. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ■� Business Auto Liability: Coverage shall have minimum limits of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 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. ❑ Dr�f-ssmanal I -abtained n toF to ensure its legal liability fe ienn.l a i nn under t f, F Agreement. less r. than @ '+nnh nlnim al afld aggFegate. 1= El --. GovelFage shall nnu irrenf0[ne - 6-: ge sha I pFelaim/,96 6uH e. 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 Holder and included as an "Additional Insured" on the Insurance Certificate Page 6 of 36 Single Conlractor Award Agreement 12022_ver.31 CAO 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. 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 liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and 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 wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 7 of 36 Single Contractor Award Agreement [2022_ver.3] CAO 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, ❑ €P/ 0 ITB/❑ 8th # 23-8088 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequen# -Bend, end ; �}rtiff-cwc-wCn4J, ❑C.Mihit T Payment Exhibit G-z is Per#effaeee-Bend, ❑ I Exhibit D - Release and Affidavit Form, ❑■ Exhibit E — Form of Contract Application for Payment, 0 Exhibit F - Change Order, X Exhibit G - Certificate of Substantial Completion,❑ Exhibit H -Certificate of Final Completion, 0 Exhibit I - Warranty, and Other Exhibit/Attachment: Federal Grant Provisions and Assurances 17. APPLICABILITY. Only the sections corresponding to any checked box ( ■❑) will apply to this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 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, as well as the requirements set forth in Florida Statute, §448.095, 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, if applicable, 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Page 6 of 36 Single Contractor Award Agreement [2022 ver.3] CAO Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PubiicRecordReg uest coIIiercount fl. ov 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. Ali 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 shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. WCG TA 1 — . . . . 1ES. Geifie�unty--eufage-s nt.l entnien�o di 9A-Gf 'the F. ■ ■ WWWWWWW 1 a NAM Na Page 9 of 36 Single Contractor Award Agreement [2022 ver.3] CAO The bonds shall he f, irnished using the farms_-nreSGFibed i Exhibit "G 1" and Cvhmbq "G 210. �` If the surety for any hnnrl fiurniah ir, deGlaFed hanl ff pt heeernes inselyent its right to do b isinenss in the State of CleFirti��er it oeases to meek , �z the Fequirements imposed by the ntr�a eRts1 the GentffleteF shall within five � substitute anotheF bond BRd suFety, both of eh shall be 1 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[Work Summary/Scope of Services. 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/Work Summary/Scope of Services. 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/Work Summary/Scope of Services. 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/Work Summary/Scope of Services 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 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. 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 shall be omitted from the computation, and the last day shall become the next succeeding day 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 Page 10 of 36 Single Contractor Award Agreement [2022_ver.31 CAO 25. a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 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 to 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 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or Subsidiary of the Company holds any ownership interest, directly or indirectly. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of prod uctslmaterials from specifications shall be approved in writing by Owner in advance. 27. ■X CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating 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. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work 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 of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after Page 11 of 36 Single Contractor Award Agreement 12022_ver.31 CAO the 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. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise 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 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 expressly apply to claims for early completion, as well as to claims based on late completion. 28. ❑E 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 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or Subsidiary of the Company holds any ownership interest, directly or indirectly. 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 Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous, Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 12 of 36 Single Contractor Award Agreement [2022_ver.3[ CAO 31. _E] TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the 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. 32. 0 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. 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. 0 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. Page 13 of 36 Single Conlractor Award Agreement 12022_ver.31 CA O 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 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. 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 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. 35. M 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 Page 14 of 38 Single Contractor Award Agreement [2022_ver.3] CAO 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 Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suitor action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40, Kry PFRSQ NN I—.-Trrte GentraGtOFtc perse e! and mat7aA e utilized fe 4hi� pr-eje6t shall be knew! 1- 1 The G URty Fer:,eryes the Fight to in ytprn rrv+ aren�iryn4i G-FFt'Fi mnr.Fnn♦• nerc.nnc_tarill be , .+�lized in th ew4e '+6emplete the seFyiees n a timely d ear{>_enrr+n.+ nnnirvned shall. be as esessary to FTG�TIY t �a��T- t� �le fn aunt of time adequate eet the raarn ed seFviee dates. The f"`�nr hall r.et ehange Key PeFSORRel unless th� '.n.7rr'TGITI Pl�� ' rneOFbetter narlirrteationrti-and reat +fig 6J5FI�ie �I� G9rnrAeFBially Feaa5 e. The Ga emeFat,9ereenRel. OF 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. Page 15 of 38 Single Contractor Award Agreement 12022 ver.3] CAQ ❑ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 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 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, ■❑ 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 Page 16 of 36 Single Contractor Award Agreement [2022_ver.3] CAO of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any 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 onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 97 ot36 Single Contractor Award Agreement [2022_ver.3] CAO IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro , Chairman WAYNE WILES FLOORCOVERINGS, INC. Contractor By: 1 AA, )<---r. ��► nL'lJ1 J Type/print signature arnd titlef Approved as to Form and Legality: County Attorney Print Name Pape 18 0(36 Single Contractor Award Agreement 12022_ver.31 $A'O Exhibit A Scope of Services following this page (pages 1 through 3 ❑ this exhibit is not applicable Page 19 of 36 Single Contractor Award Agreement [2022_ver.3] CNO Invitation to Bid (ITB) 423-8088 "COLLIER COUNTY SHERIFF'S SPECIAL OPERATIONS BUILDING FLOORING REPLACEMENT" EXHIBIT A SCOPE OF SERVICES 1. REQUIREMENTS: 1.1 All work must comply with the current Collier County Vertical Standards CCVS and the Florida Building Code. 1.2 Contractor is responsible to obtain any required permits to complete project. Permit fees associated with Collier County permitting to be paid by direct transfer from the County. All other permit fees to be paid by the Contractor. 1.3 Provide all necessary items, tools, hardware, resources, materials, etc. to fully and properly complete all project tasks. 1.4 Selected Contractor may utilize owner's as -built drawings as needed to secure permits and complete project if applicable. 1.5 Contractor shall utilize the County's online Project Management Information System (PMIS)-Procore and all tools within the system, including Requests for Information (RFIs), Submittals, Daily Log, Photos, Drawings, Specification, Meetings, Schedule, Transmittals, Inspections, Incidents, Budget, Documents, Directory, and any other tools as required by Collier County, The Contractor will be given full access to Procore and will be responsible for managing the RFI and Submittal workflows, document management, drawing meeting management and all other project management tools to ensure an efficient project. The Contractor will be able to invite subcontractors to the project to ensure full participation. 1.6 The Contractor will be required to provide photographs of the progress and successful completion of the work. 1.7 The Contractor must warranty the work completed for a minimum of i year following the completion of this project. Any call-back or remediation work will be completed at no charge to Collier County, 1.8 All work must be performed by properly qualified employees. Credentials may be requested by Collier County. 1.9 The Contractor and their subcontractors are required to comply with County Ordinance 2004-52, as amended, Background checks are valid for five (5) years and the Contractor / subcontractor shall be responsible for all associated costs. The cost is $40,00 per person. 1.10 The awarded Contractor, subcontractors, and any personnel working onsite will be required to obtain a Collier County Sheriff's Office ID badge in addition to the Collier County Vendor badge, This is a separate background check and additional fingerprinting process via www.field rintflorida.coni. The fingerprinting cost is $12.00 per person. 1.11 Contractor is responsible for blocking off and maintaining any safety perimeters necessary for work. Contractor shall properly block off construction areas as appropriate until the work item is complete. 1,12 The awarded Contractor will receive a Purchase Order for work requested and may not start work prior to receiving the Notice to Proceed. 1.13 The project shall be completed within 90 days of Notice to Proceed (NTP). Page I of 3 EXHIBIT A — SCOPE OF SERVICES CAO Invitation to Bid (ITB) #23-8088 "COLLIER COUNTY SHERIFF'S SPECIAL OPERATIONS BUILDING FLOORING REPLACEMENT" 24 Contract "hall--prouid"nd install .�,sta,all aPp-"Amately-23,0W-square feet (sew Attar-froposed floe cation ayik !sT1Cd_tap�petAle no o mYi� o ail equa � Se�a�t-`9 1•ol' r�n� In cl nz.�."-a-.-`�.��.� speW&Atio" n, Contractor shall be responsible for field var-lfaeaHen of measurements and calculations -of material-quaRitigsr 2,2 C'ol tor-shall-assure4h"eer-space4o-lie-pemanm#y-dl); dean, smooth; -level; , cturally-soundT arid-f-ce -adhesr-v revels, alkali -no salts, rnold-arid-nnildow-. 2� Contractor shall assure any depressions,- deep grooves expansion j&nts and other subfloor frrrperfeEtio ound-prier toinstallationOf-flooring. 2-A Hooring-shaMbg-installedAvit 4-a"eccssary-prilrremand adhesives -required4o-irrsure"preper adhesioP- 2.5 FloeringZsha"a installed square ar d rug wi tsid�and�nd�earrrs 2:6 l=looringahall heslgarrgd-ef a�dlresives ar�d bl€rnisl3�� 1pr*� .��n stallation 27 Contractor-shafl-provide and install 4-inch vinyl wall c ase welding -upon -completion-a" or+rrg instal latier17 2A All -work shafl be p rlonan like-pr�afessiolaal-lrla+per=utili�irar�ua�r�o«.='er suidar and-best-practi eiials= 3. ALTERNATE SCOPE- LVT PLANK FLOORING: 3,1 Contractor shall provide and install approximately 23,000 square feet (see Attachment 1 for proposed flooring locations) of Latitude Wood PLWD 3603 6"x48" luxury vinyl tile (LVT) plank or approved equal, see Attachment 2 for specification. Contractor shall be responsible for field verification of measurements and calculations of material quantities. 3.2 Contractor shall assure concrete surfaces are smooth and flat to within 1/8" in 10 ft. radius or achieve an "50" rating using mechanical grinding /sanding or by applying suitable non -shrinking water- resistant Portland based level/patch compound. 3.3 Contractor shall assure the floor space to be permanently dry, clean, smooth, level, structurally sound, and free of all contaminants, dust, solvents, grease, chemicals, residual adhesives, adhesive removers, alkaline salts, mold and mildew. 3.4 Contractor shall follow all manufacturer's instructions, including but not limited to, subfloor moisture testing. "All concrete subtloors must be tested for moisture and pH (alkalinity). Moisture testing must be conducted in accordance with ASTM F 2170 Standard Test Method far Determining Relative Humidity in Concrete Floor Slabs Using in situ Probes or ASTM F 1869 Standard Test Method.for Aleasurinng Moisture Papor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride. Following ASTM F 2659 Preliminary Evaluation of Comparative Moisture Condition of Concrete, Gypsum Cement and Other Floor Slabs and Screeds Using a Non-destructive Electronic Moisture Meter can provide qualitative information prior to performing ASTM F 2170 or ASTM F 1869. 3.5 Contractor to assure substrate shall not slope more than 1 inch per 6 feet. in any direction. Page 2 of 3 EXHIBIT A — SCOPE OF SERVICES CNO Invitation to Bid (ITB) #23-8088 "COLLIER COUNTY SHERIFF'S SPECIAL OPERATIONS BUILDING FLOORING REPLACEMENT" 3.6 Contractor shall assure any depressions, deep grooves, expansion joints and other subfloor imperfections are filled with patching/leveling compound prior to installation of flooring. 3.7 LVT plank flooring and adhesives shall be on site for 48 hours to acclimate to areas of installation. 3.8 LVT plank flooring shall be installed with all necessary primers and adhesives required to insure proper adhesion. 39 LVT plank flooring shall be installed square, true and level with minimum gaps at side and end seams. 3.16 Contractor shall provide and install any transitions required to accommodate variances in flooring height between rooms or areas. 3.11 Flooring shall be cleaned of any excess adhesives and blemishes left after installation. 3.1.2 Contractor shall provide and install 4-inch vinyl wall cove base molding upon completion of LVP flooring, 3.13 All work shall be performed in a workman like professional manner utilizing manufacturers guidance and best practices to minimize wasted materials. 4. JOBSITE MAINTENANCE: 4.1 The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas in the most environmentally friendly manner possible. 4.2 The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the County's representative, shall remove such debris and materials from the property. 4.3 There will be no additional cost to the County for clean-up. Page 3 of 3 EXHIBIT A — SCOPE OF SERVICES CAO 0 following this page (pages through ❑ this exhibit is not applicable Exhibit B Fee Schedule Page 20 of 36 Single Contractor Award Agreement (2022_ver.3] CAQ Line Item Bid Schedule ITB H23-8088 "COLLIER COUNTY SHERIFF'S SPECIAL OPERATIONS BUILDING FLOORING REPLACEMENT" Description Provide and install carpet tile flooring approximatelyapproximaLely 23,000 sq ft, L$ Wayne Wiles Floorcoverings, Inc. BIDTOTAL I $112,4i101 Alternate Flooring Provide and install Luxuiy Vin 1 Tile plank flooring in lieu of carpet 71 L5 $104,900 LTERNATE BID 00 Page 1 of 1 CAO ■❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, 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 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 21 of 36 Single Contractor Award Agreement [2022 ver.3] CAO Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: 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) OR Page 22 of 36 Single Contractor Award Agreement 12022_ver.31 CAO 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 of by of known to me OR has produced take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) as 20 Surety, on behalf of Surety. He/She is personally as identification and who did (did not) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 36 Single Contractor Award Agreement [2022_ver.3] CAO 0 this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at Bond No. Contract No. (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 24 0(31i Single Contractor Award Agreement 12022_ver.3] CAO 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: PRINCIPAL: Witnesses as to Principal STATE OF _ COUNTY OF By: Name: Its: The foregoing instrument was acknowledged before me this 20 by , as day of 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) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page 25 of 36 Single Contractor Award Agreement [2022_ver.3] CAO ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR 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 day of 20_, by , 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.: Page 26 of 36 Single contractor Award Agreement [2022, ver.31 coo ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared after being duly sworn, deposes and says: who (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 , 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) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Page 27 of 36 Single Contractor Award Agreement [2022_ver.31 CAO ❑ 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: Project 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 [lens, 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) Page 28 of 36 Single Contractor Award Agreement [2022_ver.3[ CAO 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 29 of 36 Single Contractor Award Agreement [2022_ver.3] CAO ❑ this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: F Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last 13CC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/O! Total Change from Original Amount Remised Contract/Work Order Total $ 0.00 #DIVI01 Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV101 Change from Current Amount 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) # 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 1 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 chance is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract 1 work order identified above and will be subject to all the same terms and conditions as contained in the contract 1 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 1 Vendor 1 Consultant 1 Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: {Contractor 1 Vendor 1 Consultant 1 Design Professional and Approved by: (Design Professional and Name of Firm, if project applicable Approved by: (Procurement Professional Date: of Firm, if project applicable) Date: Date: Page 30 of 36 Single Contractor Award Agreement 12022_ver.31 CAO ❑ 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 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 31 of 36 Single Contractor Award Agreement 12022_ver.31 CX0 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 rM CONTRACTOR accepts this Certificate of Substantial Completion on . 20 0 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2p^ M OWNER Type Name and Title Page 32 of 36 Single Contractor Award Agreement [2022 —ver.3] C Nd ❑ 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 Worm under the Contract documents, To OWNER And To 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 Page 33 of 36 Single Contractor Award Agreement [2022_ver.3) CAO The warranty in Exhibit I is attached to and made a part of this Certificate: Executed by Design Professional on la 20 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 IM OWNER Type Name and Title Page 34 of 36 Single Contractor Award Agreement [2022_ver.3[ CAO ❑ this exhibit is not applicable EXHIBIT I ITiTLI��I>`.�i'1 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: Name and Address of CONTRACTOR: 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 FINAL COMPLETION. 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 35 of 36 Mt lli-Am.wd Agrecmcn12017.006 Ver.i CAO Other ExhibittAttachment Description: Federal Grant Contract Provisions and Assurances 0 following this page {pages 1 through 11 ❑ this exhibit is not applicable Page 36 of36 Multi -Award Agreement 2017.006 Ver.1 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders. The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C,F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I -1 CAO EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: if subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe, aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (N) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system, (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 CAO EXHIBIT I FEDERAL_ CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. if it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smmfcomprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U,S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Laborwithhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C, 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $260,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers` representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 CAO EXHIBIT [ FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for revlew and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress In performing its work under this agreement. On behalf of my firm. I acknowledge, the grant requirements Identified In this document. Vendor/Contractor Name Wayne Wiles Floorcoverings, Inc. Date 02/23/23 Authorized Signature. "�"�L� •IN EXHIBIT I - 8 Cho EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation In this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Wayne Wiles Floorcoverings, Inc. By: TG.+ti IrtJ Signature Mark T Wiles, President Name and Title 16831 Link Court Street Address Fort Myers, FL 33912 City, State, Zip 26-3122709 UEI Unique Entity Identifier (for SAM.gov verification) Dale Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number. TBD FEMA Project Number: TBD EXHIBIT I - 9 CAO EXHIBIT I FEDERAL CON7RAC*r PROVISIONS AND ASSURANCES COWER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Strhtt will be t+er P-& UrwarftW Lt]niso w(bi mgdm the PRIME to dthw proud¢ a wised statamentat provide sowce dommentaflan that vrlldatesa rtal�s. A. PRIME VENDOR/CONTRACTOR INFORMAMN PRIME NAME MME FEIO NUMBER ODNTRACf DOLLAR AMOUNT Wayne Wiles -ISTHEPRMEARM1DA-OH=MDEAUVANTAGED, VETERAN v N 15THE AGSiVITY0FTHIS CONTRACT_ 'MINDRRYORWOMENSURRESSENTERPRSP DBE? Y N CONSTRUCTION? Y N (MMAWW B E) OR HAVE A SMALL 0114DVAMTA.GM BUMIMEACERT1HCATIONFROMTHEWALLBUSINESS MBE? Y N CONSULTATION? Y N ADMINKMTIOU? A5UAWEDISABLE0VLTUM? WBE? Y N OTKM? Y N SDB eA7 Y N 1$TM5U0ML1ZtONAREVLSION? Y N VYE5,REVt510NNUMRER 8. IP PRIMA kM SUoWNiRACT0ft OR SUPPLIER WHO IS A I)MVAWAGE0 MINORITY, WOMEF!-CiWNW, SMALL BUSINESS CONCERN ORSEWvICE DMULER VETERAN, PRIME k$TO COMPLETE THIS NEKrSEMON Poo wwot suDcDNTRAcTmoRSLLPPLLEii TYPEOFwouOR ETHNKMCRDE SUBPAWNIEA VEAUNTOFCOtiTRACT VETERAN NAME SPECIALTY (SeeBeioay DOLLAR AMOUNT DOLLARS TOTALS'. 1 C, SECTION TO BE COMPIXTED BY PRIME VENpUit/cotvTRACTpR NAME OF SLmMrrMR DATE TTTLE CIF SUSMrrTER Wayne Wiles 2/27/23 Sales Manger EMAILADDREZOIFP"AE 5U5MM1Mj TaMONENUMM FAX NUMIUM scootware hesslerfloors.con (239) 597 Z195 a 1 NOT: This irmrmnation is used to track and report antiopated DBE of MBE participation In federally fimded mntraitt_ The anticipated DBE or MA a amount Is voluntary and wry nut became part of the amtrartmd terms. This farm must be submitted at tareof resplmse to a Wkitaftm If a nd when wffuded a County ao mart, the prime will be asked w upd-ne the information for the grant tnmpfrance f9aL mlatfty to" Blatt An ri"n 1A Knpank Amedan NA NattoaXrxri ap NA wbcmt_AsLarAm dcan SAA AshnfadfiCAnte*Ian APA NotMRlnorltyWonlen NMW Other: rat of arty artier group 1%trd o D. SI~CnON TO BE COMPUTED BY COWER COUNTY 1 DEPARiMENTNAME I CAALIT ow4rRACTii "vAFPapOIRE GRANTPROGRAWCONTRACr I L-- ACCEPTED BY. DATE EXHIBIT I - 10 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceedina $100,000) The undersigned (Contractor] certifies, to the best of his or her knowledge, that, 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to Influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrents, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification Is a materlal representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by 31, U.S.C, § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Wayne Wiles Floorcoverings, Inc. Contractor (Firm Name) Signature of Contractor's Authorized Official Mark T Wiles, President _ Name and Title of Contractor's Authorized Official 02/23123 Date EXHIBIT I - 11 CAO