08/16/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 1, 2006
TO:
Dave Koppel, County Engineer
Engineering Division
ATTN:
FROM:
Ann Riger
Facilities Development
Pamela G. Hanc~
Deputy Clerk
At the August 16, 2006, Board of County Commissioner's meeting the Board officially
terminated the contract with Tropex Construction Services, Inc. for the renovation of Tavernier
Fire Station No. 22, and approval to award bid and enter into a contract with Overholt
Construction Company for renovation of same.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
TAVERNIER FIRE STATION NO. 22 RENOVATION
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT
made as of the Sixteenth day of August in the year of Two-Thousand and Six
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, Florida 33040
and the Contractor:
(Name and address)
Overholt Construction Company
10460 SW 18ih Terrace
Miami, Florida 33157
For the following Project:
(Include detailed description of project, location, address and scope)
Tavernier Fire Station NO.22
151 Marine Avenue
Tavernier, Florida
Renovation of an existing concrete structure, including installation of site utilities, lighting,
landscaping, grading and drainage. Renovation of existing space within a concrete structure
including the addition of new space comprising an additional approximate 315 square feet.
Facilities Development is:
(Name and address)
The Director of Facilities Development
Monroe County Facilities Development
1100 Simonton Street
Second Floor- Room 2-216
Key West, Florida 33040
The Architect is:
(Name and Address)
Mathew Fowler, Architect - Thomas M. Timmins, P.E.
21 Ships Way
Big Pine Key, Florida 33043
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TAVERNIER FIRE STATION NO. 22 RENOVATION
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Bid Documents, Contractors response, Drawings,
Specifications, Addenda issued prior to execution of this Agreement, Alternates as
accepted by Owner, other documents listed in this Agreement and Modifications issued
after execution of this Agreement: these form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents
the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. An enumeration of
the Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents,
except to the extent specifically indicated in the Contract Documents to be the
responsibility of others, or as follows:
GENERAL SCOPE
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and
completion of all the work in accordance with the Contract Documents. The
Work shall include but not be limited to that shown on the Drawings and detailed
in the Technical Specifications.
The project consists of renovation of an existing concrete structure. The work
will include, but not be limited to the following items:
1. Site work including installation of site utilities, lighting, landscaping,
grading, and drainage.
2. Renovation of existing space within a concrete structure of approximately
3755 square feet, and addition of new space comprising an additional
approximate 315 square feet.
3. New interior partitions and finishes. Materials will include gypsum board,
metal studs, hollow metal frames, doors, aluminum windows, hardware, carpet,
vinyl, and ceramic tile, finishes.
4. Complete plumbing, electrical and HVAC mechanical systems.
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the
General Scope.
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1. All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to Facilities Development prior
to notice to proceed.
2. Provide, replace, and maintain any safety rails and barricades as
necessary during the process of work, or during deliveries of materials or
equipment.
3. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the
bidding documents, technical specifications, or drawings, the most strinqent
condition shall be bid and constructed. Notify Facilities Development in any
event, in order to not compromise the Owner's right to make appropriate
decisions.
5. Contractor shall maintain As-Built Drawinqs, (Record Drawings per
Section 01720), of his work progression.
6. Contractor shall not store materials inside the building. Contractor shall
provide suitable storage container, and be responsible for disposal off-site of
all debris and trash.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of
Paragraph 3.2 is measured, and shall be the date of this Agreement, as first
written above, unless a different date is stated below or provision is made for the
date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued
by the Owner, the Contractor shall notify the Owner, through the Construction
Manager, in writing not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work
not later than 180 calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract
Document
LlQUIDA TED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all
work, modified by all approved extension in time as set forth by the Construction
Manager's signature of approval on the Certificate of Substantial Completion.
The liquidated damages table below shall be utilized to determine the amount of
liquidated damages.
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TAVERNIER FIRE STATION NO. 22 RENOVATION
FIRST
15 DAYS
$500.00IDAY
SECOND
15 DAYS
$1,OOO.OO/DAY
31ST DAY &
THEREAFTER
$3,500/DAY
The Contractor's recovery of damages, and sole remedy for any delay caused by
the Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's
performance of the Contract the Contract Sum of Nine Hundred Eiohtv-Four
Thousand Four Hundred Fiftv-Eioht Dollars ($984,458.00), subject to
additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are
described in the Contract Documents and are hereby accepted by the Owner:
Alternates: 1 thru 5
Add Alternate No. 1
Add Alternate No. 2
Add Alternate No.3
Add Alternate No.4
Add Alternate No.5
$6,618.00
9,063.00
8,155.00
4,100.00
13,500.00
Subtotal A1t1.5
$41,436.00
$984,458.00
Subtotal Base Bid + Alt 1.5
4.3 Unit prices, if any, are as follows: None
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director
of Facilities Development, and upon Project Applications for Payment issued by the
Director of Facilities Development and Architect, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month.
5.3 Payment shall be made according to the Local Government Prompt Payment
Act, Sec. 218.70 et. seq. Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The Schedule
of Values shall allocate the entire Contract Sum among the various portions of the Work
and be prepared in such form and supported by such data to substantiate its accuracy
as the Director of Facilities Development or Architect may require. This schedule,
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unless objected to by the Director of Facilities Development or Architect, shall be used
as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of Ten percent (10%) Pending final determination of cost to the
Owner of changes in the Work, amounts not in dispute may be included in applications
for Payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be actual
net cost as confirmed by the Director of Facilities Development. When both additions
and credits covering related Work or substitutions are involved in a change the
allowance for overhead and profit shall be figured on the basis of net increase, if any,
with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the
completed construction (or, if approved in advance by the Owner, suitably stored off the
site at a location agreed upon in writing), less retainage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Facilities Development or
Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5
of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6
shall be further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the
total payments to Ninetv percent (90%) of the Contract Sum, less such amounts as the
Director of Facilities Development recommends and the Architect determines for
incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no
fault of the Contractor, any additional amounts payable in accordance with
Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or iimitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the
retainage resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.6.2
above, and this is not explained elsewhere in the Contract Documents, insert here
provisions for such reduction or limitations)
ARTICLE 6
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Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Contractor when (1) the Contract has been fully performed by
the Contractor except for the Contractor's responsibility to correct nonconforming Work
as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other
requirements, if any, which necessarily survive final payment: and (2) a final Project
Certificate for Payment has been issued by the Director of Facilities Development and
Architect: such final payment shall be made by the Owner not more than 20 days after
the issuance of the final Project Approval for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a proVISion of the General
Conditions or another Contract Document, the reference refers to that provision as
amended or supplemented by other provisions of the Contract Documents.
7.2 Not Used.
7.3 Temporary facilities and services:
(Here insert temporary facilities and services which are different from or in addition to
those included elsewhere in the Contract Documents.)
7.4. Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a periOd of 36 months from the date of being placed on the
convicted vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting prinCiples consistently applied. Each party to this
agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this agreement for
public records purposes during the term of the agreement and for four years
following the termination of this agreement. If an auditor employed by the
County or Clerk determines that monies paid to the Contractor pursuant to
this agreement were spent for purposes not authorized by this agreement,
the Contractor shall repay the monies together with interest calculated
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pursuant to sec. 55.03, FS, running from the date the monies were paid to
Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be Governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in
the State. In the event that any cause of action or administrative proceeding
is instituted for the enforcement or interpretation of this Agreement, the
County and Contractor agree that venue shall lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. The
parties waive their rights to trial by jury.
c) Severability. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms, covenants, conditions and provisions of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The County and Contractor agree to reform
the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the
event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's
fees, court costs, as an award against the non-prevailing party, and shall
include attorney's fees, court costs, in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
e) Binding Effect. The terms, covenants, conditions and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor
and their respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds
to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree
that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If
no resolution can be agreed upon within 30 days after the first meet and
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confer session, the issue or issues shall be discussed at a public meeting of
the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This agreement and its interpretation is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or
breach of this Agreement, County and Contractor agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or
Contractor agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (pL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss.
523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provision in the Federal or State
statutes which may apply to the parties to, or the subject matter of, this
Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither
presently has any Interest, and shall not acquire any interest, which would
conflict in any manner or degree with its performance under this Agreement,
and that only interest of each is to perform and receive benefits as recited in
this Agreement.
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TAVERNIER FIRE STATION NO. 22 RENOVATION
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida
Statutes, regarding, but not limited to, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect
to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or any other
consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fees, commission, percentage,
gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or
other materials in its possession or under its control subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by
Contractor.
0) Non-Waiver of Immunity. Notwithstanding the provIsions of Sec. 768.28,
Florida Statutes, the participation of the County/Owner in this Agreement
and the acquisition of any commercial insurance coverage, self insurance
coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for
waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any publiC agents or employees
of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the
County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely
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TAVERNIER FIRE STATION NO. 22 RENOVATION
performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by Florida constitution, state statute,
and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree
that neither the County nor the Contractor or any agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in
this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County
may reasonabiy require, to include a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by singing any such counterpart.
v) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provisions of this Agreement.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this
Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the
General Conditions.
Article 9
Enumeration of Contract Documents
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TAVERNIER FIRE STATION NO. 22 RENOVATION
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner
and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for
Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those
contained in the Project Manual dated December 2005.
9.1.4 The Specifications are those contained in the Project Manual dated
December 2005.
As listed in Table of Contents, Section 00001 of the Project Manual for this
project.
9.1.5 The Drawings issued by the Architect for the construction of the Tavernier
Fire Station No. 22
9.1.6 The Addenda, if any, are as follows:
Addendum NO.1
May 151 , 2006
one page.
9.1.7 The Alternates, if any, are as follows:
ADD ALTERNATE NO.1: Cabinetry at Watch Room 101. Add cabinetry fabricated of
solid plywood subsurface material, laminate surface, and standard u-shape metal pulls.
Uppers shall be open shelves, 12" deep, 8 lineal feet total to right of window into
apparatus bays. Lower cabinets; provide a 30" deep work surface at lower, also (4) sets
of drawers and file drawers18 inches wide in lower cabinets. This item shall be defined
as an Alternate not part of the Base Bid.
ADD: Six Thousand Six Hundred Eiqhteen Dollars and No Cents
Words
$6.618.00
Numbers
ADD ALTERNATE NO.2: Cabinetry at Kitchen Room 112. Add cabinetry fabricated of
solid plywood subsurface material, laminate surface, and standard u-shape metal pulls,
upper and lower cabinets, sink base cabinet and (1) set of drawers; 18" wide. Island is
36" wide by 72" long and shall be fully enclosed by cabinets below with doors opening to
the sink side only. This item shall be defined as an Alternate not part of the Base bid.
ADD: Nine Thousand Sixtv-Three Dollars and No Cents
Words
$9.063.00
Numbers
ADD ALTERNATE NO.3: Add the following appliances: (4) Refrigerators; Model No.
GTH18JBPWW by GE. (1) 40 inch free standin9 range; Model No. FEF450BS by
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Frigidaire. (1) Dishwasher; Model No. GSD2600GWW by GE. (1) Washer; Model No.
WBXR2090DWW by GE. (1) Dryer; Model No. DBXR463EBWW by GE. Include (1)
Sink; Model No. ESE3322 by Elkkay. (1) Faucet; Model No. 150 by Delta. This item
shall be defined as an Alternate not part of the Base Bid.
ADD: Eiqht Thousand One Hundred Fiftv-Five Dollars and No Cents
Words
$8,155.00
Numbers
ADD ALTERNATE NO.4: Ceramic tile flooring in rooms 101, 102, and 103. Use
highest grade ceramic tile 12" x 12" or larger, installed in accordance with section 09310.
This item shall be defined as an Alternate not part of the Base Bid.
ADD: Four Thousand One Hundred Dollars and No Cents
Words
$4,100.00
Numbers
ADD ALTERNATE NO.5: Ceramic tile flooring in rooms 109, 110, 110, 111, 112, 113,
114, 115, 116, 117 , and 118. Use highest grade ceramic tile 12" X 12" or larger,
installed in accordance with section 09310. This item shall be defined as an Alternate
not part of the Base Bid.
ADD: Thirteen Thousand Five Hundred Dollars and No Cents
Words
$13,500.00
Numbers
END ALTERNATES
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
uniess the bidding requirements are also enumerated in this Article 9.
9.1.8 Other documents, if any, forming part of the contract Documents are as foiiows:
BALANCE OF PAGE INTENTIONALLY LEFT BLANK,
SIGNATURE PAGE TO FOLLOW.
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This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to Facilities
Development and Architect for use in the administration of the Contract, and the remainder to the
Owner.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
BOARD OF COUN
OF MONROE CO
OM MISSIONERS
, FLORIDA
By:
By
Date
Detut~~ r1 6 lOO6
Mayor/Chairman
(SEAL)
RP
Attest:/'7 ....,
By: ~.
Print name: . C)()E~~T
Title: V. P OpfPrt:t./rd '-z.~
10/'3/06
, I
By:
Title:
.... e TTt:-
V. P. ~I'N If/I(/C[..
10((3/06
Date:
Print Name: /V.5
Date:
Or:
Witness 1 Name:
Date:
Print Name:
Witness 2 Name:
Date:
Print Name:
STATE OF FLORIDA
COUNTY OF ~
Op..this ,:\ day of at e r: 200~, before me ,the undersigned notary public, Personally appeared
Wt~'f Oc/~I' () {+ ,known to me to be the Person whose name is subscribed above or who
produced As iifentifrcatlon, and acknowledged that he/she is the person who execu~
the above contract with Monroe County for the construction of the renovation of the ::r 0 g
Tavernier Fire Station No. 22 for the purposes therein contained. ~ . ~ "'"
~ My commission expires: ~~ l~
{. /~ 1i]""i-< ~
Not Public ATHENA TM !
f/lhe/lo-- -r- cdb.j fA.. Seal Cam....~,.....c:,. -0
Print Name . . E"l*w 'II"l1_,1I !::J:
END OF SECTION 0"''''' .N......e'N
PPRO\:'ED A'S'TQ"F' .....-
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M. GRIMSLE
ASSISTA COUNTY ATTORNEY
.f-I- de;,
8/1/2006
Standard Form of Agreement
00500-13
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MONROE COUNTY FIRE STATION No. 22
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
General Liability, including
Premises Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
Underground, Explosion and Collapse (XCU)
Vehicle Liability (Owned, nonowned, and hired vehicles)
Statuatory Limits
$500,000/500,000/500,000
$500,000 Combined Single Limit
or
If split limits are provided:
$250,000 per Person
$500,000 per Occurance
$ 50,000 Property Damage
$100,000 per Person
$300,000 per Occurance
$ 50,000 Property Damage
$300,000 Combined Single Limit
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS
The Contractor covenants and agrees to indemnify and hold harmiess Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses, damages,
and expenses (including attorney's fees) which arise out of, in connection with, or by reason of
services provided by the contractor or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any
tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as
a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and ail increased expenses resuiting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
3/27/06
INSURANCE AGENT'S STATEMENT
PROPOSAL FORM
00110-10
ACORD,,, CERTiFICATE OF LIABiliTY INSURANCE OPID 1"'4 DATE (MMIODIYYYY)
OVEC9 1 01/31/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BUTLER, BUCKLEY, DEElTS INC. HbLOER:TftlS.CERTIFICATE DOES NOT.AMEND;EXTEND OR
6161 BLUE LAGOON DR. I STE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAl-1I FL 33126
Phone: 305-262-0086 INSURERS AFFORDING COVERAGE NAIC#
lNSUREO lNSURGR A: FCCI COlIlMRRCZAI, IN.BURANCE co,
INSURER B: BR.:IDGBF!ELO ElG'LOYEM I~5. co.
OVERHO:r.T CONSTRUCTION CORP. INSURER c: No~th 1ti.v<u: !nllur.:mc:le Co (C'F)
10460 SW 187 Terrace INSURER D:
MIAMI F:r. 33157
INSURER E:
COVERAGES
, THE POUC1ES OF JNSURANCE USTED BELOW HAVE BEEN ISSUeD TO THE INSURED NAAIED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
'ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMeNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCEAFFDRDJ:Q BY THE POLlCIESDESCRJeeD HEREIN IS SUBJECT TO ALL THE TERMS, EXClUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAV H....VE BEEN REDUCED BY PAlO CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY r~UMBER [ ~~~l: MM DfvrAr:. DATE MMfDDIYY LlMrrS
- .--., aENERAI.;-l.IABII:.ITY- -. --- -~ ".__n - - . .-. ....- n -EACH OCCURRENCE - S"l-;i}0 Ct.,.O 00 ....-
- G:r.0003271 I. 02/01/06 02/01/07 PREMISES (Ea ~1~renC6J
A X ~ COMMERC1AL GENERAL L1ABIUTY $100 000
:!: P CLAIMS MADE ~ OCCUR MED EXP (Anyone pernon) $ 5,000
PERSONAl to ADV INJURY $1 000,000
GENERAL AGGREGATE $2,000;000
r-
GEN'LAGGREGA7E LIMIT APn PER: PRODUCTS ~ COMPlOP AGG $2 000,000
h POLlOY n ~~g: LOO
AUTOMOBILE LIABILITY COMBINED SINGLE UMfT
- $
ANYAUTo (Eallccldant)
-
- ALL OWNED AUTOS BODilY INJURY
.$CHEPt.ll.EP AUTOS (Perpsrson) $
-
- HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per ncddetlt) $
-
- PROPERTY DAMAGE S
(Peraccid~nt)
G.6.r~AGl; LIAl3lr lIT AUTO O,'.u. y ~ EA ACCIDENT $
. R ANY AUTO OTHeR THAN EA ACC ,
^UTO ONL'\': AGG $
Er.CESSJUMIloR:ELLA LIABILITY EACH OCCURRENce 13 000 000
C ~ OCCUR D CLAIMS MADE 5530871142 02/01/06 02/01/07 AGGREGATE 1 Ii, 000,000
$
=J ~EDUCTI","" ~,
~--'._~'- .----
RETENTION ~,
X ITO'Rv"~It.:* I I"Jir< --.
WORKERS COMPF.!N$ATION AhlP
SMPLO\'E:RS' L1AB:fJ.ln'
B ^NY PROPR'ETORfP/~R"rNERJEY.EC:l1TIVE 830-29850 02/16/06 02/16/07 E.L. EACH ACCIDENT $',000 000
OFACERlMEMBER S<CLUDED1 EL. DISEASE - EA Ef\tpLOYEE- $1 000,000
~~~B,~sr~v'm?grl/S below E..L DISEASE - POLICY LIMIT $1 000,000
OTHER
')",.."., >YHiI( Ld)
P.II D:~ '.,,-1
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL ~ROVI510NS
*30 DAYS CANCE:r.LATION EXCEPT FOR 10 DAYS NONPAYMEN'X OF PREMIUM. MONROE '\J ,-.
,- ,.- I f ,-~
COUNTY BOARI> OF COUNTY C01~ISSIONERS IS m\MIllD AS ADDITIONAL INSURED. Ii' ., .... hll,
j,-~...
,);ltE: ..' UY
.',' '.
CERTIFICATE HOLDER
MONROE COlJl'JTY BOARD OF
COUNTY COMMISSIONERS
88800 OVERSEAS IlJ:GllWAY
TAVERNIER F:r. 3.3070
CANCELLATION
MONCCOM. SHOULD ANY OF THE ABOVt:: DESCRIB-ED POLlCIES BE CANCELLED BEFORE TH: EXPIRATION
DATe THeREOF. mE ISSUING INSURER WIU ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CF.RTrFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REFReSJ::NTATIVES.
Atrr RIZE~SgNr
@ACORDCORPORATION1900
ACORD 25 (200110B)
MRY-16-2006 16: 15 From: JOHcl I^IILKERSON SmTE 3059455564
To:305 234 6535
P.2/4
~
9001i'1N URANCE AS RESPECTS THE INTEREST OF THE CERTlFICA TE HOLDER NAMED BELOW WILL NOT BE
o OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that: 121 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANV of Bloomington, Illinois
o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington. Illinois
o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or
o STATE FARM INDEMNITY COMPANV of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below:
CERTIFICATE OF INSURANCE
NAMED INSURED: OVERHOLT CONSTRUCTION COR~
ADDRESS OF NAMED INSURED: 10460 sw 1 8"1 n( TERRACF;
POLlCV NUMBER 106 1970 117 2304 117 2305 313 1259
EFFECTIVE DATE
OF POLICV 03/14/05-09/1'/06 04/10/06-10/10/06 00/"9/06-11/29/06 02/04/06-08/04/06
01 CHEVROLF.T 06 FORO F150 05 FORD
DESCRIPTION OF EXPRE~s VAN 2003 SATURN L PICKUP F150 PICKUP.
VEHICLE (Including V1N) IGCFG25M61l.175352 IG8JW54R23Y547B93 IFTPW125B6FA22J1.1 IFTPW14595~E92774
LIABILITY COVERAGE !ZlVES DNO 121 VES DNO !ZlVES DND l8J VES DNO
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
Each Accident
b. Property Damage
Each Accident
c. Bodily Injury &
Property Oamage
Single Limit 1 MIl..
Each Accident 1 MIL 1 MHo 1 MIL
PHYSICAL DAMAGE [8lVES DNO 121 YES DNO [8lYES DND 121 VES DND
COVERAGES
a. Comprehensive $ 250 Deductible $ 250 Deductible $ 250 Deductible $ 500 Deductible
121 YES DNO 121 VES DNO !1SIVES DNO [8lVES DNO
b.Co/lisjon $ ?OO Deductible $ 250 Deductible $ 250 Deductible $500 Deductible
EMPLOYERS NON.QWIIIED DVES DNO DVES DNO DYES DNO DVES DND
CAR LIABILITY COveRAGE
HIRED CAR UAalUTY DVES DNO DVES DNO DYES DND DVES DND
COVERAGE FLEET - COIII;RAGE FOR
AlL CMtIoEDAND UCENSeO DVES DNO DVES DNO DVES DNO DVES DNO
MOTOR veHICLES
Signature Of AuthOlized RepllIsentetive
Name and Address of Certificate Holder
MONROE COUN'!'Y BOARD OF COMMISSIONERS.
500 WHITEHEAD ST
KEY WF;ST$ f'L 3304 (J
AGEN'r 1236 10/11/~005
Titre Agent's Cod!ll Number Date
Name and Address of A ent
JOHN WILKEnSON
INSURANCE AGENCY
15455 W DIXIE HWY ffF
N MIAMI BEACH, FL 33152
OFF: (305) 945-4000
FAX: (305) 945-5564
INTERNAL STATE FARM USE ONLY 0 Request permanent Certificate of Insurance for liebiHty coverage.
122429.2: R:ev. 06-10-2004 ~ Request Certificate Holder to be added as. an Additional Insured.
MONROE COUNTY FIRE STATION No. 22
I have reviewed the above requirements with the bidder named below. The following deduct/bles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _Occurrence
Cla/ms Made
Signature
Insurance Agency
/,.,.",
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BIDDER'S ST~EMEN~ ~'
,i' ! . .
I understand the insurance that will be mandato,y '.' .~",I <h" ,Oct 00' wiU ='" '" '''' .,"
all the requirements. / i j /
Overhol t Construction corp! if;/ ~
Craig S. Overholt I /
Bidder [;i/j r
3/27/06
PROPOSAL FORM
00110-11
TAVERNIER FIRE ST A nON NO. 22 RENOV AnON
General Conditions of the Contract for
Construction
Where Facilities Development is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. . Subcontractors 12. Uncovering and Correction of
Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of
the Contract
8/1/2006
General Conditions of the Contract
00750-1
TAVERNIER FIRE STATION NO. 22 RENOVATION
ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, addenda issued prior to execution of
the Contract, Owners bid documents, Contractor's payment and performance bond,
other documents listed in the Agreement and Modifications issued after execution of the
Contract, and the Contractor's bid and supporting documentation. A Modification is (1) a
written amendment to the Contract signed by both parties, (2) a Change Order, (3) a
Construction Change Directive or (4) a written order for a minor change in the Work
issued by the Architect.
1.1.2 The Contract: The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. The Contract may be amended or modified only by a
Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind (1) between the Architect and Contractor, (2) Between Facilities
Development and Contractor, (3) between the Architect and Facilities Development, (4)
between the Owner and a Subcontractor (5) between any persons or entities other than
the Owner and Contractor. The Owner shall, however, be entitled to enforce the
obligations under the Contract intended to facilitate performance of the duties of
Facilities Development and Architect.
1.1.3 The Work: The term "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a
part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed
under the Contract Documents may be the whole or a part and which may include
construction by other Contractors and by the Owner's own forces including persons or
entities under separate contracts not administered by Facilities Development.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design,
location and dimensions of the Work, generally including plans, elevations, sections,
details, schedules and diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract
Documents consisting of the written requirements for materials, equipment, construction
systems, standards and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume which contains the
bidding requirements, sample forms, Conditions of the Contract and Specifications.
1.2 Execution, Correlation and Intent
8/1/2006
General Conditions of the Contract
00750-2
TAVERNIER FIRE STATION NO. 22 RENOVATION
1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor
has visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the
proper execution and completion of the Work by the contractor. The Contract
Documents are complementary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be required only to the extent
consistent with the Contract Documents and reasonably inferable from them as being
necessary to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and
arrangement of Drawings shall not control the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-
known technical or construction industry meanings are used in the Contract Documents
in accordance with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the
remainder is indicated in outline, the parts drawn out shall also apply to all other like
portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other
Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the
Contractor is described. The Contractor may retain one contract record set. Neither the
Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier
shall own or claim a copyright in the Drawings, Specifications and other documents
prepared by the Architect. All copies of them, except the Contractor's record set, shall
be returned or suitably accounted for to Facilities Development, on request, upon
completion of the Work. The Drawings, Specifications and other documents prepared by
the Architect, and copies thereof furnished to the Contractor, are for use solely with
respect to the Project. They are not to be used by the Contractor or any Subcontractor,
Sub-subcontractor or material or equipment suppliers unless they are granted a limited
license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of
their Work under the Contract Documents. All copies made under this license shall bear
the statutory copyright notice, if any, shown on the Drawings, Specifications and other
documents prepared by the Architect. Submittal or distribution to meet official regulatory
requirements or for other purposes in connection with this Project is not to be construed
as publication in derogation of copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be
furnished, 2 original sealed copies, free of charge, of Drawings and Specifications
reasonably necessary for the execution of the Work. Additional copies may be obtained
from Facilities Development at a fee of $5.00 per page.
1.4 Capitalization
8/1/2006
General Conditions of the Contract
00750-3
TAVERNlERFIRE STATION NO. 22 RENOVATION
1.4.1 Terms capitalized in these General Conditions include those which are (1)
specifically defined, (2) the titles of numbered articles and identified references to
Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words
such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or
an article is absent from one statement and appears in another is not intended to affect
the interpretation of either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the
Owner's authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the
site.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under
the Contract Documents, the Owner shall secure and pay for necessary approvals,
easements, assessments and charges required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities. Unless otherwise
provided under the Contract Documents, the Owner, through Facilities Development,
shall secure and pay for the building permit.
2.2.4 Information or services under the Owner's control shall be furnished by the
Owner with reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be
furnished, free of charge, such copies of Drawings and Project Manuals as are
reasonably necessary for execution of the Work.
2.2.6 The Owner shall forward all communications to the Contractor through Facilities
Development and shall contemporaneously provide the same communications to the
Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner
or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance
and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the
requirements of the contract Documents as required by Paragraph 12.2 or persistently
8/1/2006
General Conditions of the Contract
00750-4
TAVERNIER FIRE ST AnON NO. 22 RENOV AnON
fails to carry out Work in accordance with the Contract Documents, the Owner, by
written order signed personally or by an agent specifically so empowered by the Owner,
may order the Contractor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, the right of the Owner to stop the Work shall
not give rise to a duty on the part of the Owner to exercise this right for the benefit of the
Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice
from the Owner to commence and continue correction of such default or neglect with
diligence and promptness, the Owner may after such three-day period give the
Contractor a second written notice to correct such deficiencies within a three-day period.
If the Contractor within such second three-day period after receipt of such second notice
fails to commence and continue to correct any deficiencies, the Owner may, without
prejudice to other remedies the Owner may have, correct such deficiencies. In such
case an appropriate Change Order shall be issued deducting from payments then or
thereafter due the Contractor the cost of correcting such deficiencies, including
compensation for another contractor or subcontractor or Facilities Development's and
Architect's and their respective consultants' additional services and expenses made
necessary by such default, neglect or failure. If payments then or thereafter due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. In the event of clean-up issues, Owner has right to provide a
minimum of 24 hours notice. In the event of safety issues determined to be of a serious
nature, as determined by Facilities Development, notice will be given, and contractor is
required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout this Agreement as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform
construction under Conditions of the Contract that are administered by Facilities
Development, and that are identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with
each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2
and shall at once report to Facilities Development and Architect errors, inconsistencies
or omissions discovered. The Contractor shall not be liable to the Owner, Facilities
Development or Architect for damage resulting from errors, inconsistencies or omissions
in the Contract Documents unless the Contractor recognized such error, inconsistency
or omission and knowingly failed to report it to Facilities Development and Architect. If
the Contractor performs any construction activity knowing it involves a recognized error,
8/1/2006
General Conditions of the Contract
00750-5
TAVERNIER FIRE STATION NO. 22 RENOVATION
inconsistency or omission in the Contract Documents without such notice to Facilities
Development and Architect, the Contractor shall assume appropriate responsibility for
such performance and shall bear an appropriate amount of the attributable costs for
correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known
to the Contractor with the Contract Documents before commencing activities. Errors,
inconsistencies or omissions discovered shall be reported to Facilities Development and
Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract
Documents and submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under this Contract, subject to overall coordination
of Facilities Development as provided in Subparagraph 4.6.3.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other
persons performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in
accordance with the Contract Documents either by activities or duties of Facilities
Development or Architect in their administration of the Contract, or by test, inspections or
approvals required or performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's
Work in order to determine that such portions are in proper condition to receive
subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with
are the most recent and updated available, including all Addenda information. Also the
Contractor will perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall
provide and pay for labor, materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the
Contractor's employees and other persons carrying out the Contract. The Contractor
shall not permit employment of unfit persons or persons not skilled in tasks assigned to
them.
3.4.3 The Contractor is responsibie for the conduct of his employees at all times.
Misconduct, destruction of property, unsafe practices, or violation of any Federal or State
regulations including abuse of alcohol or drugs, will be cause for permanent dismissal
8/1/2006
General Conditions of the Contract
00750-6
TAVERNIER FIRE ST A nON NO. 22 RENOV AnON
from the project. If any Contractor's employee is determined to be detrimental to the
Project, as deemed by Facilities Development, the Contractor will remove and/or replace
the employee at the request of Facilities Development. Employees dismissed from the
project will be transported from the job site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his
materials and equipment. The Contractor agrees to cooperate with Facilities
Development, if required, to accommodate any discovered variations or deviations from
the Drawings and Specifications so that the progress of the Work is not adversely
affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Facilities Development and Architect that
materials and equipment furnished under the Contract will be of good quality and new
unless otherwise required or permitted by the Contract Documents, that the Work will be
free from defects not inherent in the quality required or permitted, and that the Work will
conform with the requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved and authorized, may
be considered defective. The Contractor's warranty excludes remedy for damage or
defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear under normal
usage. If required by Facilities Development or Architect, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or
portions thereof provided by the Contractor which are legally enacted when bids are
received or negotiations concluded, whether or not yet effective or merely scheduled to
go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pav for all permits. impact fees, governmental
fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies
having jurisdiction over the project for the proper execution and completion of the Work
which are customarily secured after execution of the Contract and which are legally
required at the time bids are received. The Owner will not assess anv Countv buildinq
permit or Countv impact fees. The Contractor will be responsible for any other building
permit costs or impact fees required for this project. The Contractor shall secure and
pay for all building and specialty permits including plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents
are in accordance with applicable laws, statutes, ordinances, building codes, and rules
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and regulations. However, if the Contractor observes that portions of the Contract
Documents are at variance therewith, the Contractor shall promptly notify Facilities
Development, Architect and Owner in writing, and necessary changes shall be
accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes,
ordinances, building codes, and rules and regulations without such notice to Facilities
Development, Architect and Owner, the Contractor shall assume full responsibility for
such Work and shall bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary
assistants who shall be in attendance at the Project site during performance of the Work.
The superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly
confirmed on written request in each case. The superintendent shall be satisfactory to
Facilities Development and shall not be changed except with the consent of Facilities
Development, unless the superintendent proves to be unsatisfactory to the Contractor or
ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and
submit for the Owner's and Architect's information and Facilities Development's approval
a Contractor's Construction Schedule for the Work. Such schedule shall not exceed
time limits current under the Contract Documents, shall be revised as appropriate
intervals as required by the conditions of the Work and Project, shall be related to the
entire Project construction schedule to the extent required by the Contract Documents,
and shall provide for expeditious and practicable execution of the Work. This schedule,
to be submitted within fourteen (14) days after Contract Award, shall indicate the dates
for the starting and completion of the various stages of construction, shall be revised as
required by the conditions of the Work: and shall be subject to Facilities Development's
approval.
3.10.2 The Contractor shall cooperate with Facilities Development in scheduling and
performing the Contractor's Work to avoid conflict, delay in or interference with the Work
of other Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 The Architect will conduct a weekly scheduling meeting which the Contractor
shall attend. At this meeting, the parties can discuss jointly such matters as progress,
scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the
Drawings, Specifications, addenda, Change Orders and other Modifications, in good
order and marked currently to record changes and selections made during construction,
and in addition approved Shop Drawings, Product Data, Samples and similar required
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submittals. These shall be available to Facilities Development and Architect and shall
be delivered to Facilities Development for submittal to the Owner upon completion of the
Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially
prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor,
manufacturer, supplier or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the Contractor to
illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or
workmanship and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the
Work for which submittals are required the way the Contractor proposes to conform to
the information given and the design concept expressed in the Contract Documents.
Review by the Architect is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Facilities Development, in
accordance with the schedule and sequence approved by Facilities Development, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract
Documents. The Contractor shall cooperate with Facilities Development in the
coordination of the Contractor's Shop Drawings, Product Data, Samples and similar
submittals with related documents submitted by other Contractors. Submittals made by
the Contractor which are not required by the Contract Documents may be returned
without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and
review of Shop Drawings, Product Data, Samples or similar submittals until the
respective submittal has been approved by Facilities Development and Architect. Such
Work shall be in accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified
materials, field measurements and field construction criteria related thereto, or will do so,
and has checked and coordinated the information contained within such submittals with
the requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from
requirements of the Contract Documents by Facilities Development's or Architect's
approval of Shop Drawings, Product Data, Samples or similar submittals unless the
Contractor has specifically informed Facilities Development and Architect in writing of
such deviation at the time of submittal and Facilities Development and Architect have
given written approval to the specific deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in Shop Drawings, Product Data, Samples or
similar submittals by Facilities Development's and Architect's approval thereof.
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3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those
requested by Facilities Development and Architect on previous submittals.
3.12.10 Informational submittals upon which Facilities Development and Architect are
not expected to take responsive action may be so identified in the Contract Documents.
3.12.11 when professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Facilities Development and Architect
shall be entitled to rely upon the accuracy and completeness of such calculations and
certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials through the Architect to
Facilities Development for approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents and shall not unreasonably encumber
the site with materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Facilities Development before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to
complete the Work or to make its parts fit together properly; He shall also provide
protection of existing work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or
partially completed construction of the Owner's own forces or of other Contractors by
cutting, patching, excavating or otherwise altering such construction. The Contractor
shall not cut or otherwise alter such construction by other Contractors or by the Owner's
own forces except with written consent of the Facilities Development, Owner and such
other contractors: such consent shall not be unreasonably withheld. The Contractor
shall not unreasonably withhold from the other Contractors or the Owner the
Contractor's consent to cutting or otherwise altering the Work. When structural
members are involved, the written consent of the ArchitecUEngineer shall also be
required. The Contractor shall not unreasonably withhold from Facilities Development or
any separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the
installation of his materials and equipment and the execution of his work, whether or not
shown or indicated on the Drawings. The Contractor shall be further responsible for
sealing and/or finishing, in an acceptable fashion and meeting any applicable code
requirements, and such block-out, cutout opening, or other hole in any fire-related floor,
ceiling, wall, security wall, or any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from
accumulation of waste materials or rubbish caused by operations under the Contract. At
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completion of the Work the Contractor shall remove from and about the project waste
materials rubbish, the Contractor's tools, construction equipment, machinery and surplus
materials. Clean up shall be performed to the satisfaction of the Owner or Facilities
Development.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,
Facilities Development may do so with the Owner's approval and the cost thereof shall
be charged to the Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Facilities Development and Architect
access to the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall
defend suits or claims for infringement of patent rights and shall hold the Owner,
Facilities Development and Architect harmless from loss on account thereof, but shall
not be responsible for such defense or loss when a particular design, process or product
of a particular manufacturer or manufacturers is required by the Contract Documents.
However, if the Contractor has reason to believe that the required design, process or
product is an infringement of a patent, the Contractor shall be responsible for such loss
unless such information is promptly furnished to the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe
County and Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by the Contractor or any of its subcontractors in any tier, occasioned by the negligence
or the wrongful act or omission of the Contractor or its subcontractors in any tier, their
employees, or agents. The first ten dollars ($10.00) of remuneration paid to the
Contractor is for the indemnification provided for the above. The extent of liability is in
no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement. This provision shall survive the expiration or earlier
termination of this Contract.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity
lawfully practicing architecture identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The term "Architect"
means the Architect or the Architect's authorized representative.
4.2 Facilities Development
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4.2.1 Facilities Development is the person or entity identified as such in the Agreement
and is referred to throughout the Contract Documents as if singular in number. The term
"Facilities Development" means Facilities Development of Monroe County or Facilities
Development's authorized representative.
4.3 Duties, responsibilities and limitations of authority of Facilities Development and
Architect as set forth in the Contract Documents shall not be restricted, modified or
extended without written consent of the Owner, Facilities Development, Architect and
Contractor. Consent shall not be unreasonably withheld.
4.4 In case of termination of employment of the Architect, the Owner shall appoint an
architect against whom the Contractor makes no reasonable objection and whose status
under the Contract Documents shall be that of the former Architect.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Facilities Development and Architect will provide administration of the Contract
as described in the Contract Documents, and will be the Owner's representatives (1)
during construction, (2) until final payment is due and (3) with the Owner's concurrence,
from time to time during the correction period described in Paragraph 12.2. Facilities
Development and Architect will advise and consult with the Owner and will have
authority to act on behalf of the Owner only to the extent provided in the Contract
Document, unless otherwise modified by written instrument in accordance with other
provision of the Contract.
4.6.2 Facilities Development and Architect will determine in general that the Work is
being performed in accordance with the requirements of the Contract Documents, will
keep the Owner informed of the progress of the Work, and will endeavor to guard the
Owner against defects and deficiencies in the Work.
4.6.3 Facilities Development will provide for coordination of the activities of other
Contractors and of the Owner's own forces with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other Contractors and
Facilities Development and Owner in reviewing their construction schedules when
directed to do so. The Contractor shall make any revisions to the Construction schedule
deemed necessary after a joint review and mutual agreement. The construction
schedules shall constitute the schedules to be used by the Contractor, other
Contractors, Facilities Development and the Owner until subsequently revised.
4.6.4 Not Used
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction
to become generally familiar with the progress and quality of the completed Work and to
determine in general if the Work is being performed in a manner indicating that the
Work, when completed, will be in accordance with the Contract Documents. However,
the Architect will not be required to make exhaustive or continuous onsite inspections to
check quality or quantity of the Work. On the basis of on-site observations as an
architect, the Architect will keep the Owner informed of progress of the Work, and will
endeavor to guard the Owner against defects and deficiencies in the work.
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4.6.6 Facilities Development, except to the extent required by Architect will not have
control over or charge of and will not be responsible for construction means, method,
techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, since these are solely the Contractor's responsibility as
provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents. Neither Facilities
Development nor the Architect will have control over or charge of or be responsible for
acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of
any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise
provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through Facilities
Development, and shall contemporaneously provide the same communications to the
Architect. Communications by and with the Architect's consultants shall be through the
Architect. Communications by and with Subcontractors and material suppliers shall be
through the Contractor. Communications by and with other Contractors shall be through
Facilities Development and shall be contemporaneously provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the
Contractor, including final payment. The Architect will assemble each of the Contractor's
Applications for Payment with similar Applications from other Contractor into a Project
Application for Payment. After reviewing and certifying the amounts due the
Contractors, the Architect will submit the Project Application for Payment, along with the
applicable Contractors' Applications for Payment, to Facilities Development.
4.6.9 Based on the Architect's observations and evaluations of Contractors'
Applications for Payment, and the certifications of Facilities Development, the Architect
will review and approve the amounts due the Contractors on the Application for
Payment.
4.6.10 The Architect will have authority to reject Work which does not conform to the
Contract Documents, and to require additional inspection or testing, in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed, but will take such action only after notifying Facilities Development. Subject
to review by the Architect, Facilities Development will have the authority to reject Work
which does not conform to the Contract Documents. Whenever Facilities Development
considers it necessary or advisable for implementation of the intent of the Contract
Documents, Facilities Development will have authority to require additional inspection or
testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not
such Work is fabricated, installed or completed. The foregoing authority of Facilities
Development will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20
inclusive, with respect to interpretations and decisions of the Architect. However, neither
the Architect's nor Facilities Development's authority to act under this Subparagraph
4.6.10 nor a decision made by either of them in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect or
Facilities Development to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from
other Contractors, and transmit to Facilities Development those recommended for
approval. The Architect's actions will be taken with such reasonable promptness as to
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cause no delay in the Work of the Contractor or in the activities of other Contractors or
the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The Architect's action will be taken with
such promptness consistent with the constraints of the project schedule so as to cause
no delay in the Work of the Contractor or in the activities of the other Contractors, the
Owner, or Facilities Development, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other
details such as dimensions and quantities, or for substantiating instructions for
installation or performance of equipment or systems, all of which remain the
responsibility of the Contractor as Contractor as required by the Contract Documents.
The Architect's review of the Contractor's submittals shall not relieve the Contractor of
the obligations under Paragraphs 3.3,3.5 and 3.12. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures.
The Architect's approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
4.6.13 Facilities Development will prepare Change Orders and Construction Change
Directives.
4.6.14 Following consultation with Facilities Development, the Architect will take
appropriate action on Change Orders or Construction Change Directives in accordance
with Article 7 and will have authority to order minor changes in the Work as provided in
Paragraph 7.4.
4.6.15 Not Used.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the
dates of Substantial completion and final completion, and will receive and forward to the
Architect written warranties and related documents required by the Contract and
assembled by the Contractor. The Architect will forward to Facilities Development a final
Project Application for Payment upon compliance with the requirements of the Contract
Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The
duties, responsibilities and limitations of authority of such project representatives shall
be as set forth in an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under
and requirements of the Contract Documents on written request of Facilities
Development, Owner or Contractor. The Architect's response to such requests will be
made with reasonable promptness and within any time limits agreed upon. If no
agreement is made concerning the time within which interpretations required of the
Architect shall be furnished in compliance with this Paragraph 4.6, then delay shall not
be recognized on account of failure by the Architect to furnish such interpretations until
15 days after written request is made for them.
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4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the
form of drawings. When making such interpretations and decisions, the Architect will
endeavor to secure faithful performance by both Owner and Contractor, will not show
partiality to either and will not be liable for results of interpretations or decisions so
rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money.
extension of time or other relief with respect to the terms of the Contract. The term
"Claim" also includes other disputes and matters in question between the Owner and
Contractor arising out of or relating to the Contract. Claims must be made by written
notice. The responsibility to substantiate Claims shall rest with the party making the
claim.
4.7.2 Meet and Confer. The Contractor. Facilities Development and Architect shall try
to resolve the claim or dispute with meet and confer sessions to be commenced within
15 days of the dispute or claim. If the parties cannot resolve the dispute or claim. the
matter shall be presented to the Board of County Commissioners for Monroe County to
resolve the claim or dispute. Any claim or dispute that the parties cannot resolve shall be
decided by the Circuit Court, 16th Judicial Circuit. Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days
after occurrence of the event giving rise to such Claim or within 21 days after the
claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made after the initial Claim has
been implemented by Change Order will not be considered unless submitted in a timely
manner. This notice is not a condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of
the Contract and the Owner shall continue to make payments in accordance with the
Contract Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute
a waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract
and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered
at the site which are (1) subsurface or otherwise concealed physical conditions which
differ materially from those indicated in the Contract Documents or (2) unknown
physical conditions of an unusual nature, which differ materially from those ordinarily
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found to exist and generally recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice by the observing party
shall be given to the other party promptly before conditions are disturbed and in no event
later than 21 days after first observance of the conditions. The Architect will promptly
investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an
increase in the Contract Sum, written notice as provided herein shall be given before
proceeding to execute the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Paragraph 10.3 If the Contractor
believes additional cost is involved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) Not Applicable (3) a written order for a minor change
in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination
of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds,
Claim shall be filed in accordance with the procedure established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given.
4. 7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such
Claim shall be documented by data substantiating that weather conditions were
abnormal for the period of time and could not have been reasonably anticipated, and
that weather conditions had an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,
of any of the other party's employees or agents, or of others for whose acts such party is
legally liable, written notice of such injury or damage, whether or not insured, shall be
given to the other party within a reasonable time not exceeding 21 days after first
observance. The notice shall provide sufficient detail to enable the other party to
investigate the matter. If a Claim for additional cost or time related to this Claim is to be
asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the
Contractor to perform a portion of the Work at the site. The term "Subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor. The term
"Subcontractor" does not include other Contractors or subcontractors of other
Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract
with a Subcontractor to perform a portion of the Work at the site. The term "Sub-
subcontractor" is referred to throughout the Contract Documents as if singular in number
and means a Sub-subcontractor or an authorized representative of the Sub-
subcontractor.
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5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements,
the Contractor, as soon as practicable after award of the Contract, shall furnish in writing
to Facilities Development for review by the Owner, Facilities Development and Architect
the names of persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for each principal portion of the
Work. Facilities Development will promptly reply to the Contractor in writing stating
whether or not the Owner, Facilities Development or Architect, after due investigation,
has reasonable objection to any such proposed person or entity. Failure of Facilities
Development to reply promptly shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the
Owner, Facilities Development or Architect has made reasonable and timely objection.
The Contractor shall not be required to contract with anyone to whom the Owner,
Facilities Development, or Architect has made reasonable objection.
5.2.3 If the Owner or Facilities Development refuses to accept any person or entity on
a list submitted by the Contractor in response to the requirements of the Contract
Documents, the Contractor shall submit an acceptable substitute; however, no increase
in the Contract Sum shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously
selected if the Owner, Facilities Development or Architect makes reasonable objection to
such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be
bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these
Documents, assumes toward the Owner, Facilities Development and Architect. Each
subcontract agreement shall preserve and protect the rights of the Owner, Facilities
Development and Architect under the Contract Documents with respect to the Work to
be performed by the Subcontractor so that subcontracting thereof will not prejudice such
rights. When appropriate, the Contractor shall require each Subcontractor to enter into
similar agreements with Sub-subcontractors. The Contractor shall make available to
each proposed Subcontractor, copies of the Contract Documents which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to
the Subcontractor terms and conditions of the proposed subcontract agreement which
may be at variance with the Contract Documents. Subcontractors shall similarly make
copies of applicable portions of such documents available to their respective proposed
Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the
Contractor to the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for
cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the
Owner accepts by notifying the Subcontractor in writing; and
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.2 assignment is subject to the prior rights of the surety, if any, obligated under
public construction bond covering the Contract.
5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's
compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award
Other Contracts
6.1.1 The Owner reserves the right to perform construction or operations related to the
Project with the Owner's own forces, which include persons or entities under separate
contracts. The Owner further reserves the right to award other contracts in connection
with other portions of the Project or other construction or operations on the site under
Conditions of the Contract identical or substantially similar to these including those
portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own
forces including persons or entities under separate contracts not administered by
Facilities Development, the Owner shall provide for coordination of such forces with the
Work of the Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work
of other contractors on the site. The Owner and Facilities Development shall be held
harmless of any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Facilities Development and
other Contractors reasonable opportunity for introduction and storage of their materials
and equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other Contractors, the
Contractor shall, prior to proceeding with that portion of the Work, promptly report to
Facilities Development and Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper execution and results.
Failure of the Contractor so to report shall constitute an acknowledgment that the
Owner's own forces or other Contractors' completed or partially completed or partial
completed construction is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction
shall be borne by the contractor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed or partially completed construction or to property of the Owner
or other Contractors as provided in Subparagraph 10.2.5.
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6.2.5 Claims and other disputes and matters in question between the Contractor and
other Contractors shall be subject to the provisions of Paragraph 4.7 provided the other
Contractors have reciprocal obligations.
6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting
and patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for
completion of any portion or portions of the work, he shall, within (72) hours of the
occurrence of the cause of the delay, notify Facilities Development in writing, of his
contention: setting forth (A) the cause for the delay, (8) a description of the portion or
portions of work affected thereby, and (C) all details pertinent thereto. A subsequent
written application for the specific number of days of extension of time requested shall
be made by the Contractor to Facilities Development within (72) hours after the delay
has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for
an extension of time that the foregoing provisions be strictly adhered to in each instance
and, if the Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause,
shall be the basis for an extension of time he shall have no claim against the
Owner or Facilities Development for an increase in the Contract price, nor a claim
against the Owner or Facilities Development for a payment or allowance of any kind for
damage, loss or expense resulting from delays; nor shall the Contractor have any claim
for damage, loss or expense resulting from interruptions to, or suspension of, his work to
enable other contractors to perform their work. The only remedy available to the
Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to
the responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish as described in Paragraph 3.15,
the Owner may clean up and allocate the cost among those responsible as Facilities
Development, in consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and
without invalidating the Contract, by Change Order, Construction Change Directive or
order for a minor change in the Work, subject to the limitations stated in this Article 7 and
elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Facilities
Development, Architect and Contractor; a Construction Change Directive require
agreement by the Owner, Facilities Development and Architect and mayor may not be
agreed to by the Contractor; an order for a minor change in the Work may be issued by
the Architect alone.
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7.1.3 Changes in the Work shall be performed under applicable provisions of the
Contract Documents, and the Contractor shall proceed promptly, unless otherwise
provided in the Change Order, Construction Change Directive or order for a minor
change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon,
and if quantities originally contemplated are so changed in a proposed Change Order or
Construction Change Directive that application of such unit prices to quantities of Work
proposed will cause substantial inequity to the Owner or Contractor, the applicable unit
prices shall be equitably adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Facilities Development and
signed by the Owner, Facilities Development, Architect and Contractor, stating their
agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be
determined in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon,
and approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the
Contractor, provided a written order signed by the Owner or Facilities Development is
received, shall promptly proceed with the Work involved. The cost of such Work shall
then be determined by daily force accounts in a form acceptable to the Owner and
Facilities Development. The daily force account forms shall identify Contractor and lor
Subcontractor personnel by name, total hours for each man, each piece of equipment
and total hours for equipment and all material(s) by type for each extra Work activity
claim. Each daily force account form shall be signed by the designated Facilities
Development's representative no later than the close of business on the day the Work is
performed to verify the items and hours listed. Extended pricing of these forms shall be
submitted to Facilities Development with all supporting documentation required by
Facilities Development for inclusion into a change order. Unless otherwise provided in
the Contract Documents, cost shall be limited to the following: cost of materials,
including sales tax and cost of delivery; cost of labor, including social security, old age
and unemployment insurance, and fringe benefits required by agreement or custom;
works' or workmen's compensation insurance; and the rental value of equipment and
machinery. Markups for overhead and profit will be in accordance with subparagraph
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7.2.4. Pending final determination of cost, payments on account shall be made as
determined by Facilities Development. The amount of credit to be allowed by the
Contractor for any deletion or change, which results in a net decrease in the Contract
Sum, will be the amount of the actual net cost as confirmed by Facilities Development.
When both additions and credits covering related Work or substitutions are involved in
anyone change, the allowance for overhead and profit shall be figured on the basis of
the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material,
power tools, and equipment actually used, utilities, pro rata charges for foreman, and all
payroll charges such as Public Liability and Workmen's Compensation Insurance. No
percentage for overhead and profit shall be allowed on items of Social Security and
Sales Tax. If deductions are ordered the credit shall be the net cost. Items considered
as overhead shall include insurance other than that mentioned above, bond or bonds,
superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous
supplies, incidental job costs, warranties, and all general home/field office expenses.
The actual cost of Changes in the Work (other than those covered by unit prices set forth
in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up
for overhead shall be five percent (5%) and the maximum percentage for profit shall be
five percent (5%);
.2 if the Subcontractor performs the actual Work, the percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five
percent (5%);
3. if the Subcontractor performs part of the actual Work, his percentage mark-up
for overhead and profit shall be a maximum addition of ten percent (10%) on his direct
Work only. If the Contractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work
only.
7.2.5 The Contractor shall furnish to the Owner through Facilities Development, an
itemized breakdown of the quantities and prices used in computing the value of any
change that might be ordered. Any additional supporting documentation requested by
Facilities Development such as certified quotations or invoices shall be provided by the
Contractor to Facilities Development at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Facilities
Development, by drawings or otherwise, involve extra Work not covered by the Contract,
he shall give Facilities Development written notice thereof within five (5) days after the
receipt of such instructions and before proceeding to execute the work, except in
emergencies endangering life or property, in which case the Contractor shall proceed in
accordance with Paragraph 10.3.
.1 The written notice to Facilities Development for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by
labor, material and equipment for each additional activity required to be performed.
Mark-ups shall be limited as specified elsewhere in this Article.
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.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the
Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and
maintain its progress during any dispute or claim proceeding, and Owner shall continue
to make payments to the Contractor in accordance with the Contract Documents.
Disputes unresolved shall be settled in accordance with subparagraph 4.7. The
Contractor shall maintain completed daily force account forms in accordance with
subparagraph 7.2.3 for any dispute or claim item.
7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent
with the intent of the Contract Documents. Such changes shall be effected by written
order issued through Facilities Development and shall be binding on the Owner and
Contractor. The Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including
authorized adjustments, allotted in the Contract Documents for Substantial Completion
of the Work.
8.1.2 The date of commencement of the Work is the date established in the
Agreement. The date shall not be postponed by the failure to act of the Contractor or of
persons or entities for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day
unless otherwise specifically defined.
8.1.5 The Owner/Facilities Development shall be the final judge as to whether
Substantial Completion has been achieved and certifies the date to the Contractor and
Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.
By executing the Agreement the Contractor confirms that the Contract Time is a
reasonable period for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the
Owner in writing, prematurely commence operations on the site or elsewhere prior to the
effective date of insurance required by Article 11 to be furnished by the Contractor. The
date of commencement of the Work shall not be changed by the effective date of such
insurance.
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8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall
achieve Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Facilities Development, or the Architect/Engineer, or by any
employee of either, or by any separate contractor employed by the Owner, or by
changes ordered in the Work, or by fire, unusual delay in transportation, adverse
weather conditions not reasonably anticipatable, unavoidable casualties or any causes
beyond the Contractor's control, or by delay authorized by the Owner, Facilities
Development, or by any other cause which Facilities Development determines may
justify the delay, then the Contract Time shall be extended by no cost Change Order for
such reasonable time as Facilities Development may determine, in accordance with
subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Facilities Development
not more than seventy-two (72) hours after the commencement of the delay in
accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension
of time shall state the cause of the delay and the number of days of extension
requested. If the cause of the delay is continuing, only one claim is necessary, but the
Contractor shall report the termination of the cause for the delay within seventy-two (72)
hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim
for extension of time based upon that cause shall be waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will
be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in
the Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin
the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or
failure to carry the Work forward expeditiously with adequate forces, the Contractor
causing the delay shall be liable, but not limited to, delay claims from other Contractors
which are affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized
adjustments, is the total amount payable by the Owner to the Contractor for performance
of the Work under the Contract Documents.
9.2 Schedule of Values
9.2.1 Before the first Application for Payment, the Contractor shall submit to the
Architect, through Facilities Development, a schedule of values allocated to various
portions of the Work, prepared in such form and supported by such data to substantiate
its accuracy as Facilities Development and Architect may require. This schedule, unless
objected to by Facilities Development or Architect, shall be used as a basis for reviewing
the Contractor's Applications for Payment.
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9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Architect an itemized Application for Payment for Work
completed in accordance with the schedule of values. Such application shall be
notarized and supported by such data substantiating the Contractor's right to payment
as the Owner, Facilities Development or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and reflecting retainage if
provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in
the Work which have been properly authorized by Construction Change Directives but
not yet included in Change Orders.
.2 Such applications may not include requests for payment of amounts the
Contractor does not intend to pay to a Subcontractor or material supplier because of a
dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made
on account of materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work. If approved in advance by the Owner, payment
may similarly be made for materials and equipment suitably stored off the site at a
location agreed upon in writing. Payment for materials and equipment stored on or off
the site shall be conditioned upon compliance by the Contractor with procedures
satisfactory to the Owner to establish the Owner's title to such materials and equipment
or otherwise protect the Owner's interest, and shall include applicable insurance, storage
and transportation to the site for such materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. The Contractor
further warrants that upon submittal of an Application for Payment all Work for which
Applications for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free
and clear of liens, claims security interests or encumbrances in favor of the Contractor,
Subcontractors, material suppliers, or other persons or entities making a claim by reason
of having provided labor, materials and equipment relating to the Work. All
Subcontractors and Sub-subcontractors shall execute an agreement stating that title will
so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part
of the Owner to pay directly any unpaid subcontractor, iaborer or materialmen. Such
persons must seek payment from the Contractor or his public construction bond surety
only.
9.4 Approval for Payment
9.4.1 The Architect will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other
Contractors and certify the amounts due on such applications.
9.4.2 After the Architect's receipt of the Project Application for Payment, Facilities
Development and Architect will either approve the Application for Payment, with a copy
to the Contractor, for such amount as Facilities Development and Architect determine is
properly due, or notify the Contractor in writing of Facilities Development's and
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Architect's reasons for withholding approval in whole or in part as provided in
Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations
made separately by Facilities Development and Architect to the Owner, based on their
individual observations at the site and the data comprising the Application for Payment
submitted by the Contractor, that the Work has progressed to the point indicated and
that, to the best of Facilities Development's and Architect's knowledge, information and
belief, quality of the Work is in accordance with the Contract Documents. The foregoing
representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to
completion and to specific qualifications expressed by Facilities Development or
Architect. The issuance of a separate Approval for Payment will further constitute a
representation that the Contractor is entitled to payment in the amount approved.
However, the issuance of a separate Approval for Payment will not be a representation
that Facilities Development or Architect has (1) made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Owner to substantiate the Contractor's right to payment or (4)
made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Approval
9.5.1 Facilities Development/Architect may decline to approve an Application for
Payment if, in his opinion, the application is not adequately supported. If the Contractor
and Facilities Development cannot agree on a revised amount, Facilities Development
shall process the Application for the amount it deems appropriate. Facilities
Development may also decline to approve any Application for Payment because of
subsequently discovered evidence or subsequent inspections. It may nullify, in whole or
part, any approval previously made to such extent as may be necessary in its opinion
because of: (1) defective Work not remedied; (2) third party claims filed or reasonable
evidence indicating probable filing of such claims; (3) failure of the Contractor to make
payments properly to Subcontractors or for labor, materials, or equipment; (4)
reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum; (5) damage to Facilities Development, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed
within the contract time; (7) persistent failure to carry out the Work in accordance with
the Contract Documents.
No payment shall be made to the Contractor until certificates of insurance or other
evidence of compliance by the Contractor, with all the requirements of Article 11, have
been filed with the Owner and Facilities Development.
9.5.2 When the above reasons for withholding approval are removed, approval will be
made for amounts previously withheld.
9.6 Progress Payments
9.6.1 After Facilities Development and Architect have issued an Approval for Payment,
the Owner shall make payment in the manner and within the time provided in the
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Contract Documents, and shall so notify Facilities Development and Architect. From the
total of the amount determined to be payable on a progress payment, ten percent (10%)
of such total amount will be deducted and retained by the Owner until the final payment
is made. The balance ninety percent (90%) of the amount payable, less all previous
payments, shall be approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to
demand or receive progress payment based on quantities of Work in excess of those
provided in the proposal or covered by approved change orders, except when such
excess quantities have been determined by Facilities Development to be a part of the
final quantity for the item of Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials
or Work in place, as to quality or quantity. All progress payments are subject to
correction at the time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment
from the Owner, out of the amount paid to the Contractor on account of such
Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of
such Subcontractor's portion of the Work. The Contractor shall, by appropriate
agreement with each Subcontractor, require each Subcontractor to make payments to
Sub-subcontractors in similar manner.
9.6.3 Facilities Development will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the
Contractor and action taken thereon by the Owner, Facilities Development and Architect
on account of portions of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Facilities Development nor Architect shall have an obligation
to payor to see to the payment of money to a Subcontractor except as may otherwise
be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that
provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract
Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become
the sole property of the Owner, and by this provision shall not be construed as relieving
the Contractor from the sole responsibility for the materials and Work upon which
payments have been made or the restoration for any damaged material, or as a waiver
of the right of the Owner or Facilities Development to require the fulfillment of all the
terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other
justifiable reason for delay, the Contractor shall pay for all transportation and utility
services not later than the end of the calendar month following that in which services are
rendered and for all materials, tools, and other expendable equipment which are
delivered at the site of the Project. The Contractor shall pay to each of his
Subcontractors, not later than the end of the calendar month in which each payment is
made to the Contractor, the representative amount allowed the Contractor on account of
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the Work performed by the Subcontractor. The Contractor shall, by an appropriate
agreement with each Subcontractor, also require each Subcontractor to make payments
to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work
or designated portion thereof is sufficiently complete in accordance with the Contract
Documents so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the
Owner agrees to accept separately, is substantially complete, the Contractor and
Facilities Development shall jointly prepare and submit to the Architect a comprehensive
list of items to be completed or corrected. The Contractor shall proceed promptly to
complete and correct items on the list. Failure to include an item on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the
Contract Documents. Upon receipt of the list, the Architect, assisted by Facilities
Development, will make an inspection to determine whether the Work or designated
portion thereof is substantially complete. If the inspection discloses any item, whether
or not included on the list, which is not in accordance with the requirements of the
Contract Documents, the Contractor shall, before issuance of the Certificate of
Substantial Completion, complete or correct such item upon notification by the Architect.
The Contractor shall then submit a request for another inspection by the Architect,
assisted by Facilities Development, to determine Substantial Completion. When the
Work or designated portion thereof is substantially complete, the Architect will prepare a
Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance,
and shall fix the time within which the Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of Substantial Completion. The
Certificate of Substantial Completion shall be submitted to the Owner and Contractor for
their written acceptance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Facilities Development and Architect,
the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work
or portion thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of
the Work at any stage when such portion is designated by separate agreement with the
Contractor, provided such occupancy or use is consented to by the insurer as required
under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over
the Work. Such partial occupancy or use may commence whether or not the portion is
substantially complete, provided the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments, retainage if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and commencement of
warranties required by the Contract Documents. When the Contractor considers a
portion substantially complete, the Contractor and Facilities Development shall jointly
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prepare and submit a list to the Architect as provided under Subparagraph 9.8.2.
Consent of the Contractor to partial occupancy or use shall not be unreasonably
withheld. The stage of the progress of the Work shall be determined by written
agreement between the Owner and Contractor or, if no agreement is reached, by
decision of the Architect after consultation with Facilities Development.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Facilities
Development, Contractor and Architect shall jointly inspect the area to be occupied or
portion of the Work to be used in order to determine and record the condition of the
Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions
of the Work shall not constitute acceptance of Work not complying with the requirements
of the Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to Facilities
Development a written notice that the Work is ready for final inspection and acceptance
and shall also forward to Facilities Development a final Contractor's Application for
Payment. Upon receipt, Facilities Development will forward the notice and Application to
the Architect who will promptly make such inspection. When the Architect, based on the
recommendation of Facilities Development, finds the Work acceptable under the
Contract Documents and the Contract fully performed, Facilities Development and
Architect will promptly issue a final Approval for Payment stating that to the best of their
knowledge, information and belief, and on the basis of their observations and
inspections, the Work has been completed in accordance with terms and conditions of
the Contract Documents and that the entire balance found to be due the Contractor and
noted in said final Approval is due and payable. Facilities Development's and Architect's
final Approval for Payment will constitute a further representation that conditions listed in
Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment
have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due
until the Contractor submits to the Architect through Facilities Development (1) an
affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner) have been paid or
otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract
Documents to remain in force after final payment is made, is currently in effect and will
not be canceled or allowed to expire until at least 30 days' prior written notice has been
given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the
Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by
the Owner, other data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests or encumbrances
arising out of the Contract.
9.10.3 Not Used.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material
supplier shall constitute a waiver of claims by that payee except those previously made
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in writing and identified by that payee as unsettled at the time of final Application for
Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect, Facilities Development that the subcontractors and materialmen have been
paid is for the protection and convenience of the Owner only. Unpaid subcontractors
and materialmen may only seek payment from the Contractor and the surety that
provided the Contractor's Public Construction Bond. The Contractor must insert this
paragraph 9.11 in all its contracts with subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract.
The Contractor shall submit the Contractor's safety program to Facilities Development
for review and coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed
to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered
harmless, the Contractor shall immediately stop Work in the area affected and report the
condition to the Owner, Facilities Development and Architect in writing. The Work in the
affected area shall not thereafter be resumed except by written agreement of the Owner
and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and
has not been rendered harmless. The Work in the affected area shall be resumed in the
absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered
harmless, by written agreement of the Owner and Contractor, or in accordance with final
determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without
consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury
or death to persons resulting from a material or substance encountered on the site by
the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
Work in the affected area and report the condition to the Owner, Facilities Development
and Architect in writing. The Owner, Contractor, Facilities Development and Architect
shall then proceed in the same manner described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed
laboratory to verify a presence or absence of the material or substance reported by the
Contractor and, in the event such material or substance is found to be present, to verify
that it has been rendered harmless. Unless otherwise required by the Contract
Documents, the Owner shall furnish in writing to the Contractor, Facilities Development
and Architect the names and qualifications of persons or entities who are to perform
tests verifying the presence or absence of such material or substance or who are to
perform the task of removal or safe containment of such material or substance. The
Contractor, Facilities Development and the Architect will promptly reply to the Owner in
8/1/2006
General Conditions of the Contract
00750-29
TAVERNIER FIRE STATION NO. 22 RENOVATION
writing stating whether or not any of them has reasonable objection to the persons or
entities proposed by the Owner. If the Contractor, Facilities Development or Architect
has an objection to a person or entity proposed by the Owner, the Owner shall propose
another to whom the Contractor, Facilities Development and the Architect have no
reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site, under care, custody or control of the Contractor or the
Contractor's Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise
utmost care and carryon such activities under supervision of property qualified
personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of
them, or by anyone for whose acts they may be liable and for which the Contractor is
responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss
attributable to acts or omissions of the Owner, Facilities Development or Architect or
anyone directly or indirectly employed by any of them, or by anyone for whose acts any
of them may be liable, and not attributable to the fault or negligence of the Contractor.
The foregoing obligations of the Contractor are in addition to the Contractor's obligations
under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person
shall be the Contractor's superintendent unless otherwise designated by the Contractor
in writing to the Owner, Facilities Development and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger its safety.
8/1/2006
General Conditions of the Contract
00750-30
TAVERNIER FIRE STATION NO. 22 RENOVATION
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act,
at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the
prestaging of personnel and material), the Contractor shall obtain, at its own expense,
insurance as specified in the schedule set forth in Section 00110 Proposal Form which
are made part of this Agreement. The Contractor will ensure that the insurance obtained
will extend protection to all subcontractors engaged by the Contractor. As an alternative
the Contractor may require all subcontractors to obtain insurance consistent with the
attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the
Agreement (including pre-staging of personnel and material) until satisfactory evidence
of the required insurance has been furnished to the County as specified below. Delays
in the commencement of Work resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance shall not extend deadlines specified in
this Agreement and any penalties and failure to perform assessments shall be imposed
as if the Work commenced on the specified date and time, except for the Contractor's
failure to provide satisfactory evidence of insurance.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term
of this contract and any extensions specified in any attached schedules. Failure to
comply with this provision may result in the immediate suspension of all Work until the
required insurance has been reinstated or replaced. Delays in the completion of Work
resulting from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this Agreement and any penalties and failure to perform
assessments shall be imposed as if the Work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Facilities Development, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation,
nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the County by the insurer.
8/1/2006
General Conditions of the Contract
00750-31
TAVERNIER FIRE ST A nON NO. 22 RENOV AnON
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed under this
contract or imposed by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Worker's
Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on
all policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested
in writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 Builder's Risk Insurance is to be provided by the County.
11.3 Public Construction Bond
11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in
the form provided by the Owner as a guarantee for the faithful performance of the
Contract (including guarantee and maintenance provisions) and the payment of all
obligations arising thereunder. The Public Construction Bond shall be in an amount at
least equal to the contract price. This contract is subject to the provisions of Section
255.05, Florida Statutes, which are incorporated herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to Facilities Development's or
Architect's request or to requirements specifically expressed in the Contract Documents,
it must, if required in writing by either Facilities Development or Architect, be uncovered
for their observation and be replaced at the Contractor's expense without change in the
Contract Time.
12.1.2 If a portion of the Work has been covered which Facilities Development or
Architect has not specifically requested to observe prior to its being covered, Facilities
Development or Architect may request to see such Work and it shall be uncovered by
the Contractor, if such Work is in accordance with the Contract Documents, costs of
uncovering and replacement shall, by appropriate Change Order, be charged to the
Owner, if such Work is not in accordance with the Contract Documents, the Contractor
shall pay such costs unless the condition was caused by the Owner or one of the other
Contractors in which event the Owner shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Facilities Development or
Architect or failing to conform to the requirements of the Contract Documents, whether
8/1/2006
General Conditions of the Contract
00750-32
TAVERNIER FIRE STATION NO. 22 RENOVATION
observed before or after Substantial Completion and whether or not fabricated, installed
or completed. The Contractor shall bear costs of correcting such rejected Work,
including additional testing and inspections and compensation for Facilities
Development's and Architect's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or
designated portion thereof, or after the date for commencement of warranties
established under Subparagraph 9.9, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found to be not in accordance
with the requirements of the Contract Documents, the Contractor shall correct it promptly
after receipt of written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. This period of one year
shall be extended with respect to portions of Work first performed after Substantial
Completion by the period of time between Substantial Completion and the actual
performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive
acceptance of the Work under the Contract and termination of the Contract. The Owner
shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected
by the Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time,
the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not
proceed with correction of such nonconforming Work within a reasonable time fixed by
written notice from the Architect issued through Facilities Development, the Owner may
remove it and store the salvable materials or equipment at the Contractor's expense. If
the Contractor does not pay costs of such removal and storage within ten days after
written notice, the Owner may upon ten additional days' written notice sell such materials
and equipment at auction or at private sale and shall account for the proceeds thereof,
after deducting costs and damages that should have been borne by the Contractor,
including compensation for Facilities Development's and Architect's services and
expenses made necessary thereby. If such proceeds of sale do not cover costs which
the Contractor should have borne, the Contract Sum shall be reduced by the deficiency.
If payments then or thereafter due the Contractor are not sufficient to cover such
amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged
construction, whether completed or partially completed, of the Owner or other
Contractors caused by the Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period
of limitation with respect to other obligations which the Contractor might have under the
Contract Documents. Establishment of the time period of one year as described in
Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
8/1/2006
General Conditions of the Contract
00750-33
TAVERNIER FIRE STATION NO. 22 RENOVATION
12.3.1 If the Owner prefers to accept Work which is not in accordance with the
requirements of the Contract Documents, the Owner may do so instead of requiring its
removal and correction, in which case the Contract Sum will be reduced as appropriate
and equitable. Such adjustment shall be effected whether or not final payment has been
made.
ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any
claims or disputes arising under this contract shall be in the Circuit Court of the 16th
Judicial Circuit of the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Facilities Development (as the case may be) and the Contractor
each binds himself, his partners, successors, assigns, and legal representatives of such
other party in respect to all covenants, agreements, and obligations contained in the
Contract Documents. Neither party to the Contract shall assign the Contract without the
written consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this
Contract without prior written consent of the Owner or Facilities Development.
13.3 Written Notice
13.3.1 Any written notices or correspondence given pursuant to this contract shall be
sent by United States Mail, certified, return receipt requested, or by courier with proof of
delivery. Notice shall be sent to the following persons:
For Contractor:
Overholt Construction Corporation
10460 SW 187'h Terrace
Miami. Florida, 33157
For Owner:
Director of Facilities Development
1100 Simonton St., Room 2-216
Tom Willi. Countv Administrator
1100 Simonton St.
Kev West, Florida
33040
Kev West Florida
33040
13.4 Rights and Remedies
8/1/2006
General Conditions of the Contract
00750-34
TAVERNIER FIRE STATION NO. 22 RENOVATION
13.4.1 Duties and obligations imposed by the Contract Documents and rights and
remedies available thereunder shall be in addition to and not a limitation of duties,
obligations, rights and remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Facilities Development, Architect or
Contractor shall constitute a waiver of a right or duty afforded them under the contract,
nor shall such action or failure to act constitute approval of or acquiescence in a breach
thereunder, except as may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the
Contractor shall make arrangements for such tests, inspections and approvals with an
independent testing laboratory or entity acceptable to the Owner, or with the appropriate
public authority, and shall bear all related costs of tests, inspections and approvals. The
Contractor shall give Facilities Development and Architect timely notice of when and
where tests and inspections are to be made so Facilities Development and Architect
may observe such procedures. The Owner shall bear costs of test, inspections or
approvals which do not become requirements until after bids are received or
negotiations concluded.
13.5.2 If Facilities Development, Architect, Owner or public authorities having
jurisdiction determine that portions of the Work require additional testing, inspection or
approval not included under Subparagraph 13.5.1, Facilities Development and Architect
will, upon written authorization from the Owner, instruct the Contractor to make
arrangements for such additional testing, inspection or approval by an entity acceptable
to the Owner, and the Contractor shall give timely notice to Facilities Development and
Architect of when and where tests and inspections are to be made so Facilities
Development and Architect may observe such procedures. The Owner shall bear such
costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs
13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements
established by the Contract Documents, the Contractor shall bear all costs made
necessary by such failure including those of repeated procedures and compensation for
Facilities Development's and Architect's services' and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise
required by the Contract Documents, be secured by the Contractor and promptly
delivered to Facilities Development for transmittal to the Architect.
13.5.5 If Facilities Development or Architect is to observe tests, inspections or approvals
required by the Contract Documents, Facilities Development or Architect will do so
promptly and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be
made promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section
95.11 (3) (C), Florida Statutes.
8/1/2006
General Conditions of the Contract
00750-35
TAVERNIER FIRE STATION NO. 22 RENOVATION
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled
workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance
with the respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a
public authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract
Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with
Facilities Development, and upon certification by the Architect that sufficient cause exists
to justify such action, may without prejudice to any other rights or remedies of the Owner
and after giving the Contractor and the Contractor's surety, if any, 72 hours written
notice, terminate employment of the Contractor and may, subject to any prior rights of
the surety:
.1 take possession of the site and of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem
expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in
Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until
the Work is finished.
14.1.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,
including compensation for Facilities Development's and Architect's services and
expenses made necessary thereby, such excess shall be paid to the Contractor. If such
costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner.
The amounts to be paid to the Contractor or Owner, as the case may be, shall, upon
application, be certified by the Architect after consultation with Facilities Development,
and this obligation for payment shall survive termination of the Contract.
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate,
suspend, delay or interrupt the Work in whole or in part for such period of time as the
Owner may determine.
8/1/2006
General Conditions of the Contract
00750-36
TAVERNIER FIRE STATION NO. 22 RENOVATION
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
END OF SECTION 00750
8/1/2006
General Conditions of the Contract
00750-37
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 1~ DATE (MM/DDfYYYY)
OVEC9-1 01/31/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BUTLER, BUCKLEY, DEETS INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6161 BLUE LAGOON DR. , STE 420 ALTER THI: COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAMI FL 33126
Phone: 305-262-0086 INSURERS AFFORDING COVERAGE NAlC #
INSURED INSURER A: FCCI COMMERCIAL INSURANCZ CO.
INSURER B: BRIDGE FIELD EMPLOYERS INS. CO.
OVERHOLT CONSTRUCTION CORP. INSURER c: NOJ:"th River Insurance Co (C&F)
10460 SW 187 Terrace INSURER 0:
MIAMI FL 33157
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYYC DATE MM/DDIYY LIMITS
~NERAL LIABILITY EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABILITY GLOO03271 02/01/06 02/01/07 I ~~~~~S Ea occurence\ $ 100,000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5.000
X PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGG:EnE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2,000,000
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POLICY JECT LaC
~TOMOBILE LIABILITY vf(,S( .~ COMBINED SINGLE LIMIT $
ANY AUTO ~J,)' /' , (Ea accident)
-
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SCHEDULED AUTOS Ie {+G~ (Per person)
-
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{ (Per accident) $
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PROPERTY DAMAGE $
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~~GE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
5~SSlUMBRELLA LIABILITY EACH OCCURRENCE $ 3,000,000
C X X OCCUR D CLAIMS MADE 5530871142 02/01/06 02/01/07 AGGREGATE $ 6,000,000
$
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RETENTION $ $
WORKERS COMPENSATION AND X ITO',\'yOLI~:i'S I IU~il'-
B EMPLOYERS' LIABILITY 830-29850 02/16/06 02/16/07 E.L. EACH ACCIDENT $1 000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYE $1,000,000
~~~~I~tS~~~~S?6~S below E.L. DISEASE - POLICY LIMIT $ 1 . 000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AND
EXCESS POLICIES
CERTIFICATE HOLDER
CANCELLATION
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, ITS
EMPLOYEES & OFFICIALS
1100 SIMONTON STREET
KEY WEST FL 33040
:MMONCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR llABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUT IZE~ESENT
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP 10.~ DATE (MM'DDiYYVY)
OVSC9_lwol 11/1./06
THIS CERTlFlCA-re IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERllFlCA-re
HOLDER. THIS CERllFlCA -re DOES NOT AMEND, EX-reND OR
At -reR THE COVERAGE AFFORDED BY THE POUCIES BELOW,
PflODUCEll
BU'l'LD. BUC!tLEY. DEBTS J:!IC.
6161 BLUII LAGOON DR.. sn .20
MIAMI n. 33126
Phone: 305-262-0086
iNsllAEri" .
INSURERS AFFORDING COVERAGE
NAlC.
OverhOlt Con.truction Corp.
~:60P~~I~t~
MIAMI PL 33157
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSueD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NQTWITHSTANOfNG
NlY REOUIREMENT, TERU OR CONDITION ey;. ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
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POLICIES. AGGREGATE lIYTS SHOWN MAY HAVE BEEN AEDUCED BY P~D CLAiMS
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, E.L DISEASE - POl...ICY LIMIT'S
DESCAPnON OF OPERAno.. J LOCA~ I YEtlCLD I EXCLUSIONS ADDED BY EM:JORSEIIENT I SPECIAL PAO~
*30 DAYS 0....... T,ll!1'IOII B%ClI:Pl' FOR 10 DAYS IIOIIPAY1ID'1' or PRJIIIItlII.
IIOIIROJI COUII'.l'1' BOARD or COlJ..-u C~SSIONBRS IS NAIIKD AS AIlDITIODL INllUJUm.
CERllFICA-re HOLDER
CANCELlATION
Monroe County Board of County
Ccamai..ionera
1100 Simonton Street
Key W..t n. 330.0
SHOULD ANY OF THE A80VE DEBCAIRD POUCI!'S BE CANCB.L.ED BEFORE THE EXPIRATION
DATE THEREOf. THE SSlMG MUAER WLl ~VOA TO MAR. 30* DAYS ~
NOTICE TO THE. CERTlFICATE HOlDER NAIlED TO THE LEFT. BUT F....URE TO 00 50 5HAU.
lllPOSE NO OIJL1GA11OH OR LIAaJ'TY OF ANY K
REPRESENTATlYES.
AUTHORIZED REPRESEHTATrVE .
/
.................... ,......~ -...
TBOIIA8 C B
ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID M~ DATE (MM/DDIYYYY)
OVEC9-1 01/31/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BUTLER, BUCKLEY, DEETS INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6161 BLUE LAGOON DR. , STE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAMI FL 33126
Phone: 305-262-0086 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: FCCI COMMERCIAL INSURANCE CO.
INSURER B: BRIDGE FIELD EMPLOYERS INS. co.
OVERHOLT CONSTRUCTION CORP. INSURER C: North River Insurance Co (C&F)
10460 SW 187 Terrace INSURER 0:
MIAMI FL 33157
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DA~E iMMlDDfYY DATE MMIDD,vv"'{1'I LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
-'- 02/01/06 02/01/07 PREMISes rE~~~~~ncel
A x X COMMERCIAL GENERAL LIABILITY GLOO03271 $100,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000
X PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGG~EnE~ LIMIT AP~t PER: PRODUCTS - COMP/OP AGG $ 2 ,000,000
II PRO-
POLICY JECT LOC
~TOMOBILE LIABILITY ms-~ ..Q COMBINED SINGLE LIMIT $
ANY AUTO (Eaaccident)
-
ALL OWNED AUTOS BODILY INJURY
- '10 {q~oP (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- { $
NON-OWNED AUTOS (Per accident)
-
PROPERTY DAMAGE $
(Per accident)
==i~GE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
~~S5IUMBRELLA LIABILITY EACH OCCURRENCE $ 3,000,000
C X X OCCUR D CLAIMS MADE 5530871142 02/01/06 02/01/07 AGGREGATE $ 6,000,000
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X ITO~/~I~:~S I IU~~-
B EMPLOYERS' LIABILITY 830-29850 02/16/06 02/16/07 $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
~~~tl~tS~~~~S?~~S below E.L. DISEASE - POLICY LIMIT $1,000 000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AND
EXCESS POLICIES
CERTIFICATE HOLDER
CANCELLATION
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, ITS
EMPLOYEES & OFFICIALS
1100 SIMONTON STREET
KEY WEST FL 33040
MMONCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUT IZEoz:::.ESEtfTo
@ACORD CORPORATION 1988
ACORD 25 (2001 (08)
Monroe County
Facilities Development
FRONT PAGE
OCT 19 2006
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
TIME: =:Ell::
RECEIVED BY:
Bond No.: PRF8858417
Contractor Name: Overholt Construction Corporation
Contractor Address: 10460 SW 187 Terrace
Contractor Phone No.: 305 234-9677
Surety Company: Fidelity and Deposit Company of Maryland
Owner Name: Monroe County Board of County Commissioners
Owner Address: 1100 Simonton Street, Key West, FL 33040
Owner Phone No.:
Obligee Name: Monroe County Board of County Commissioners
(If different from property
Owner) or Dual Obligee)
Obligee Address: 1100 Simonton Street, Key West, FL 33040
Obligee Phone No.:
Bond Amount: $984,458.00
Contract No. (if applicable)
Description of Work:
Tavernier Fire Station # 22
Project Location: Monroe County, Florida
Legal Description:
Various
This Bond has been furnished to comply with the requirements of F.S. 255.05. This bond is hereby amended such that
all provisions and limitations, including conditions, noUce and time limitations of F.S. 255.05(2) are Incorporated herein by
reference. Any provisIon of this bond which conflicts with or purports to grant broader or more expanded coverage in
excess of the minimum of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a
common law bond.
This Is the front page of the Performance/Payment Sondes) regardless of preprinted numbers on other pages
Issued In compliance with Florida Statute 255.05.
n/share/bonds/frontpag
Bond No. PRF8858417
~~!~: AI ! @
IJk~ 1\
Document A31t . 1984
Performance Bond
CONTRACTOR (Name and Address):
SURETY (Name arid Principal Place of
Business):
Overholt Construction Corporation
10460 SW 187 Terrace
Miami, FL 33157
OWNER (Name and address):
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower I, 19th Floor
Schaumburg, IL 60196
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
CONS'fRUCTION CONTRACT
Date:
Amount: $984,458.00
Description (Name and Location):
Tavemier Fire Station # 22
BOND
Date (Not ea/'lier than COl1structlon Contract Date): October 5, 2006
Amount,$984,458.00 a'~~'
Modifications to tIris Bond: /XXXX I None D See lasl page
CONTRACTOR AS PRINCIPAL
Company: (Corporate
Overholt Construcf Corp
SURETY
Company; (Corporate Seal)
Fidelity an eposit Com any of Ma-yland
Signature: AI ::> cJ "
Name and 0 1:
nto: V. .f- G(...
(Any additional signatures oppear on the last page)
ADDITIONS AND DELETIONS'
The author of this document has
added Information needed for Its
completion. The author may also
have revised the texl of the
original AlA standard form. An
Additfons and DeletIons Report that
notes added InformaUon as well as
revisions to the standard form text
is available from the author and
should be reviewed. A vertical
line In the left margin of this
document Indicates where the
author has added necessary
Information and where the author
has added to or deleted from Ihe
original AlA texl.
This document has important
legal consequences.
consultation with an attorney {s
encouraged with respect to its
complelion or modification.
Any singular referel'lce 10 Contract,
Surety, Owner or olher party shall
be considered plural where
applicable.
Signature:
Name and W' liam L. Parker, Attorney in Fact & FL Resident Ageni.
Title:
(FOR INFORlvIATION ONLY - Name, Addl'es.~ and Te.lephol1e)
AGENT or BROKER: OWNER'S REPRESENTATIVE
(Architect, Engineer or other party):
InSource, Inc.
9500 S Oadeland Blvd.
Miami, FL 33156
AlA Document A312™ ..1984. Copyrlght@ 1984 by The Amertcan Institute of Arohltects. All rIghts reserved. WARNING: This AlA Document
Is protected by U,S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or distribution of this AlA Document. or any
portion of II, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the laW. This
document was produced by AlA software under Order No,1000198031_1, and Is not for resale.
User Notes: (301585610)
9 1 The Contractor and the Sm'cty, jointly and severally, bind themselves. their heirs, executors. administrators,
successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein
by reference,
~ 2 Ifthe Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as provided in Section 3. 1.
* 3 If there is no Owner Default. the Surety's obligation under this Bond shaH arise after:
g 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is
considering declaring a Contractor Default and has requested and attempted to arrange a conference with the
Contl'actor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner" the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to perform the ConstructIOn Contract. but such an agreement shall not waive the Owner's
right, if any. subsequently to declare a Contractor Default; and
93.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the
contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety
have received notice as provided in Section 3. I; and
93.3 The Owner has agreed to pay the Balance ofthc Contract Price to the Surety in accordance with the terms of
the Construction Contract or to a contractor selected to pel'form the Construction Contract in accordance with the
terms of the contract with the OWner.
~ 4 When the Owner has satisfied the conditions of Section 3, the Surety shaH promptly and at the Surety's expense
take one of the following actions:
g 4.1 Arrange foJ' the Contractor, with consent of (he Owner, to perform and complete the Constl'ucllon Contract: oj'
* 4.2 Undertake to perform and complete the Construction Contract Jtself, through its flgents or through independent
contractors: or
~ 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract fot'
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default; or
~ 4.4 Waive its right to perform and complete, arrange for completion, or obtain a neW contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Ownel' and. as soon as
practicable afteJ' the amount is determined, tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
9 5 If the Surety does not proceed as provided in Section 4 with. reasonable promptness, the Surety shall be deemed to
be in default on this Bond ftfteen days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy
available to the OWner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or
the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
9 6 After the Owner has terminated the Contractol"S right to complete the Construction Contract. and if the Surety
elects to act under Section 4.1, 4.2, or 4.3 above. then tlte responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the
Surety shall not be greater than those oftlle Owner under the Construction Contract. To the Hmit of the nmount of
this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and
damages on the Construction COJltract, the Surety is obligated wjthout duplication for;
AlA Document A312Tl^ ~ 1984. Copyrlght@1984 by The American Institute of ArchItects. All rights reserved, WARNING: This AlA Document
Is protected by U.S. Copyright Law and lnternatlonal TreatIes. Unauthorized reproduction or distriblJtlon of this AlA Document, or any
porlIon of It. may result in severe civil and criminal penallles, and will be prosecuted to the maxImum extent possible under the law. This
document was produced by AlA software under Order No.1 000198031_1, and Is not for resale.
USllrNoles: (301585610)
96,1 The responsibilities of the Contractor for correction of defeetl-ve work and completion of the Construction
Contractj
~ 6,2 Additional legal. design professional and delay costs resulting from the Contractor's Default. and resulting
Horn the actions or failure to act of the Surety under Section 4~ and
9 6.3 Liquidated damages, or ifno liquidated dan1ages are specified in the Construction Contract. actual damages
caused by delayed performance or nonMperformance of the Contractor.
9 7 The Surety shall not be liable to the Owner 01' others for obligations of the Contractor that are unrelated to the
Construction Contract, and tJ1e Balance of the Contract Price shall not be reduced or s~t off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or cntity other than the Owner or
its heirs, executors. administrators or successors.
~ 8 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to
related subcontracts, purchase orders and otIler obligations.
~ 9 Any proceeding, legal or equitable. tinder this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shail be instituted within two years after Contl'actor Default
or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform
its obligations under this BOllCl. whichever occurs first. Ifthe provisions oftMs Paragraph are void or pl'ohibited by law,
tbe minimum period of limitation available to sureties us a defense in the jurisdiction Of the SuH shall be applicablo.
9 10 Notice to the Surety, the Owner or the Contractor shaH be mailed or delivered to the address shown on the
signature page.
2 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory Ol'legal requirement
shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. The intent is that this BOlld shall be construed as a statutory bond and not as a common
law bond.
g 12 DEFINITIONS
~ 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made. including allowance to the Cont.ractor of any
amounts received 01' to be received by the Owner in settlement of insurance or other claims for damages to which
the Contractor is entitled, reduced by all -valid and propel' payments made to or on behalf oithe Contractor under the
Construction Contract.
~ 12.2 Conshuction Contract: The agreement between the Owner and the Contractor identified on the signature page,
including all Contract Documents alld changes thereto.
* J2.3 Contractol'Default: Failure of the Contractor, which h(ls n~jtber been remedjed nor waived, 1'0 perform or
otherwise to comply with the terms of the Construction Contract.
g 12.4 Owner Default: Failure ofthe Owner. which has neither been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and complete or comply with the other terms thereof.
AlA Document A312™ -1984. Copyrlght@ 1984 by The American Inslltute of Architects. All rights reserved. WARNING: This AlA Document
is protected by U.S. Copyrlgl1t law and lnternalional Treatles. Unaulhorlzed reproduction or distribution of this AlA Document, or any
porllon of It, may result In severe civil and criminal penalties, and will be proseculed to the maximum extent possible under the law. This 3
document was produced by AlA software under Order No.1 000198031_1, and is not for resale.
User Notes: (301685610)
~ 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(.space is provided below I~r addfNonal signatures of added parJles. other than those appearing on the covel' page.)
CONTRACTOR AS PRINCIPAL SURETY
'Cmpomle Seall company: (Corporate Seal)
Company; (' '/
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address~
AlA Document A312TIII ~ 1964. Copyrlght@ 1984 by The American Institute of Architects. All.rlghts reserved. WARNING: ThIs AlA Document
Is protected by U.S. Copyright Law and International Treaties. Unauthodzed reproduction or dIstribution of this AlA Document. or any 4
portion of It, may resurt fn severa civil and cr(mfnal penalties, and wfU be prosecuted to the maximum extent possIble under {he law. This
document waB produced by AlA software under Order NO.100019B031_1, and Is not for resale.
User Noles: (301585610)
Payment Bond
CONTRACTOR (Name and Address):
Overholt Construction Corporation
10460 SW 187 Terrace
Miami, FL 33157
OWNER (Name and Address):
Momoe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Date:
Amount: $984,458.00
Description (Name and Location):
Bond No. PRF8858417
SURETY (Name and Principal Place of
Business):
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower I, 19th Floor
Schaumburg, 1L 60196
Tavernier Fire Station # 22
BOND
Date (Not eat'lier than Construction Contract Date): October 5, 2006
Amonnt: $984,458.00
Modifications to this Bond:
L--J None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature:
Name and Title:
(Any additional sfgnatures appear on the last page)
~ See Last Page
SURETY
Company:
(COlpol'ateSeaf)
Fidelity and Deposit Company of Maryland
Signature.:
Wi
Name and Title:
iam L. Parker, Attorney in Fact & FL Rssident Agent
(FOR INFORMATION ONLY- Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect,
Engineer or other party):
InSource, Inc.
9500 S DadeJand Blvd.
Miami, FL 33156
AlA Document A312T'" ~ 1984. Copyrlght@1964 by The American Institute of Architects. All rIghts reserved. WARNING: This AlA Document
is protected by U.S. Copyright law and Inlernat/anal Treaties. Unauthorized reproduction Of distribution of this AlA Document,- or any 5
portion of it, may result in severe civil and crimInal panamas, and will be prosecuted to the maxImum extent possible under the law. This
document was produced by AlA software under Order No.1000198031_1, and is not for resale.
~ 1 The Contractor and the Surety. jointly and severally hind themselves, their heirs. exccutors, administrators.
Successors and assigns to the Owner to pay for labor, materials and equipment furnished for llse in tile performance
of the Construction Contract, which is incorporated herein by reference.
22 With respect to the Owner, this obligation shall be null and void ifthe Contractor:
9 2.1 Promptly makes payment, direcHy or indirectly, for all sums due Claimants, and
9 2.2 Defends, indemnifies and holds harmless the Owner fi'orn claims, demands, liens or suits by any persoll or entity
whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the
perfol'mallee of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety
(at the address described in Section 12) of any claims, demands, liens or suits and tcndered defense of such claims,
demands, licns or suits to the Contractor and the Surety, and provided there is no Owner Default,
9 3 With respect to Claimants. this obligation shall be null and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
~ 4 The Surety shall have 110 obligation to Claimallts uuder this Bond until:
~ 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at
the address deseI'ibed in Section 12) and scnt a copy, or notice thereof, to the Owner, stating that a claim. is being
made under this Bond and, with substantial accuracy, the amount of the claim.
~ 4.2 Claimants who do not have a direct contract with the COlltl"actor:
.1 Have furnished written notice to the Contractor aud sent a copy, or notice thereof, to the Owner.
within 90 days after having last performed labor or last furnished materials or equipment included in
the claim stating, with substantial accuracy, the amount of the claim and the name ofthe party to whom
the materials were fU1'Ilished or supplied or for whom the labor was done 01' performed; and
.2 Have either received a rcjection in whole or in part from the. Contractor, or not received within 30
days of furnishing the above notice any communication from the Contractor by which the Contractor
has indicated the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the
address described in Section 12) and sent a copY. or notice thereof, to the Owner, stating that a claim
is being made under this Bond find enclosing a copy of the previous written notice fU1'l1ished to the
Contractor.
9 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient
compliance.
9 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety1s
expense take the following actions:
~ 6.1 Send all answer to the Claimant, with a copy to the Owner, within 45-days-aftel' receipt of the claim, stathlg the
amounts that arc undisputed and the basis for challenging any amounts that are disputed.
9 6'.2 Pay 01' arrange for payment of any undisputed amounts,
S 7 The Smety's total c>bligatioll shall not exceed the amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
2 8 Amounts owed by tbe Owner to the Contractor under the Construction Contract shall be used for tbe
performance of (he Construction Contract and to satisfy claims, if allYl under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds carried by the Contractor
in tbe performance of tbe Construction Contract lIfC dedicated to satisfy obligations af the ContTHetal' and tho SureLy
under this Bond, subject to the Owner1s priorily to use the funds for the completion of the work.
9 9 The Silrcty shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated
to the COllstrucHoll Contract. The Owner shall not be liable for paymellt of 8ny costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligations to make paymcnts to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
AlA Document A312™ _ 1984. Copyright@ 1984 by The American Instllute of Architects. All rIghts reserved. WARNING: This AlA Document 6
Is protected by U,S. CopYright Law and International Traatles. Unauthorized reproducllon or dislributlon of this AlA Document. or any
portion of it, may result In severe civil and crIminal penaltles, and will be prosecuted to the maxImum extent possible under the law. ThIs
document was produced by AlA softwara under Order NG, 1000198031_1, and Is not for resale.
User Notes: (301585610)
~ 10 The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations,
9 11 No Suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction
in the location in which the work or part of the work is located or after the expiration of Olle year from the date (1)
on which the Claimant gave the notice required by Section 4.1 or Section 4.2.3. or (2) on which the last labor or
service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction
Contl'act, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the
minimum period of limHatioll available. tD sureties as a defense in thejurisdicliol] of dIe suit shall be appliCJ:lbJe.
9 12 NDtice to the Surety. the Owner 01' the ContractDr shall be mailed or delivered to the address shown 011 the
signature page. Actual receipt of notice by Surety, the Owner or the ContractDr, however accomplished, shall be
sufficient compliance as of the date received at the address shown all the signature page.
~ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in. the location where
the construction was to be performed, any provision in this Bond cDnflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming tD 811Ch statutory or other Jegal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and Hot as a cornman law
bonet.
~ 14 Upon request by any perSall 01' entity appearing to be a potential beneficiary of this Bond. the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
!l15 DEFINlTlONS
~ 15.1 Claimant: An individual 01' entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use ill the performance ofthe Contract. The intent of this
Bond shall be to include withDut limitation in the terms "labor, materials or equipment!' that patt of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and
engineering services required fDr performance of the work of the Contractor and the CDntractor's subcontractors, and all
other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials Dr equipment were
furnished,
S 15.2 Construction Contract: The agreement between the Owner and the Contractor identified 011 the signature page,
including all Contract Documents and changes thereto.
~ 15.3 Owner Default: Failure oftlla Owner, which has neither been remedied llor waived, to pay the Contractor as
required by the Construction Contract or to perform aud complete or comply with tile other terms thereof.
!l16 MODlFICATlONS TO THIS BOND ARE AS 1'0LLOWS:
'fl1f. bolld Is given to comply wilh sectfon 255.0' FlorIda Statules, and IUI)' IlCIlIon
instituted by a ctoimant under this bOI1d for -payment must be in RCcordance with the
notioe and time limilation provisiOllS in Section 255,05(2), Florida S-.
(Space is provided below fo/' additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Company:
Ov Cons f Fidelity and
orporate S al)
posit pany of Maryland
Signalure:
Name and Title:
Address:
Signature:
Name and Title: Wil am L. Parker, Attorney in Fa.::t & FL Resident Agent
Address:
AlA Document A312T1'" - 1984. Copyrlght@ 1984 by The American Institute of Architects. All rIghts reservett WARNING: This AlA Document
Is protected by U.S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or dlstrlbutton of this AlA Document, or any
portIon of It, may result In severe civil and crimInal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AlA software under Order No.l00019a031_1, and is not for resale.
User Notes (301585610)
7
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation ofthe State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said ~ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d lllts'hereby nominate,
constitute and appoint J. Hayes WORLEY, JR., Harold M. HUMPH e M ip C. LYONS, Alex
SOTO, William F. KLEIS, Ileana M. BAUZA, William L. or fMiami, Florida,
EACH its true and lawful agent and Attomey-in-Fa b ,e, , and on its behalf as surety, and
as its act and deed: any and all bonds d . ~an ~,' c bonds or undertakings in pursuance of
these presents, shall be as bind" ~ l..Iqrly, to all intents and purposes, as if they had been
duly executed and ~~au~~ ers of the Company at its office in Baltimore, Md., in their
own proper persons~'d~r ;~ that issued on behalf of J. Hayes Worley, Jr., Harold M. Humphrey,
Charles C. Ball, Phil/it!l~, oto, William F. Kleis, Ileana M. Bauza, dated January 22, 2001.
The said Assistant ge?~.fues hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of
September, A.D. 2005.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Gregory E. Murray Assistant Secretary
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William 1. Mills Vice President
State of Maryland } ss'
City of Baltimore .
On this 12th day of September, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary
ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA-F 031-0046
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assigmnents of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
5
day of
October
2006
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Assistant Secretary