02/21/2007 Agreement
l'iIl'.
'.
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 27, 2007
TO:
Dave Koppel, County Engineer
Engineering Division
ATTN:
FROM:
Ann Riger
Facilities Development
Pamela G. Han~
Deputy Clerk 0
At the February 21, 2007, Board of County Commissioner's meeting the Board granted
approval to award bid and authorized execution of a Standard Form of Agreement between
Monroe County and Pedro Falcon Electrical Contractors, Inc. for the construction of the Big Pine
Key Park and CQrnmunity Center.
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
Finar,ce
FileJ
BIG PINE KEY PARK
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a ST/PULA TED SUM
~
AGREEMEIIlT
made as of the twenty-first day of February in the year of two-thousand and seven.
(In Words, indicate day, month and yeaL)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
Pedro Falcon Electrical Contractors, Inc.
31160AvenueC
Big Pine Key, FL 33043
For the following Project:
(Include detailed description of project,
location, address and scope)
Construction of a new two story community center and
park located on Sands Road in Big Pine Key FL.
Facilities Development
(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)
Monroe County Division of Engineering
The Owner and Contractor agree as set forth below.
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CONTRACT BETWEEN OWNER AND CONTRACTOR
BIG PINE KEY PARK
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Bid Documents, Addenda
issued prior to execution of this Agreement, 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:
Scope of Work as specified in the Project Manual for this project, Section 00300.
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 statEld 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 Director of Facilities Development, 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
(Insert the calendar date or number of calendar days after the date of commencement. Also
insert any nsquirements for earlier Substantial Completion of certain portions of the Work, if not
stated elsewhere in the Contract Documents.)
310 calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
(Insert provisions if any for liquidated damages relating to failure to complete on time)
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 Four Million Five Hundred Twenty-Eight Thousand Dollars
and 00/100
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CONTRACT BETWEEN OWNER AND CONTRACTOR
2
BIG PINE KEY PARK
Dollars ($4,!528,000.00), 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:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
4.3 Unit prices, if any, are as follows:
1. Underground electrical primary - $238.00 per lineal foot
2. Underground electrical secondary - $124.00 per lineal foot
3. Underground sewer line - $65.00 per lineal foot
4. Underground water line - $59.00 per lineal foot
5. Cost per foot of additional auger pile depth - $58.00 per additional lineal foot of
pile.
ARTICLE 5
Progress Payments
5.1 Bas'3d upon Applications for Payment submitted by the Contractor to the Director of
Facilities DElvelopment, and upon Project Applications and Certificates 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, or as follows:
5.3 Provided an Application for Payment is submitted to the Director of Facilitied
Development not later than the First day of a month, the Owner shall make payment to the
Contractor not later than the Twentv-first day of the Same month. If an Application for Payment
is received by the Director of Facilities Development after the application date fixed above,
payment shall be made by the Owner not later than Twentv days after the Director of Facilities
Development receives the Application for Payment.
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, unless objected to by the Director of
Facilities DElvelopment or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Appllications 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:
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CONTRACT BETWEEN OWNER AND CONTRACTOR
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BIG PINE KEY PARK
5.6.1 TakEl 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 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 DEwelopment recommends and the Architect determines for incomplete Work and
unsettled claims; and
5.7.2 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 limitation 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 msulting 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
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
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CONTRACT BETWEEN OWNER AND CONTRACTOR
4
BIG PINE KEY PARK
made by the Owner not more than 20 days after the issuance of the final Project Certificate for
Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Whe,re 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 Payment shall be made according to the Florida Local Government Prompt Payment
Act.
7.3 Temporary facilities and services different from or in addition to those included
elsewhere in the Contract Documents: None.
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 pEirson 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
performanc,e 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 recol'ds purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
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 not be affected thereby; and each
1/2912007 CONTRACT BETWEEN OWNER AND CONTRACTOR 5
BIG PINE KEY PARK
remaining 113rm, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
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, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative,
and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe County.
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 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 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 al!1 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)
1/29/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 6
BIG PINE KEY PARK
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 1504 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 LJSC 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 provisions in any 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 inlerest, and shall not acquire any interest, which would conflict in any manner or
degree wit~1 its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
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 other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the~ full amount of such fee, commission, percentage, gift, or consideration.
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 he provisions of Sec. 286.28, Florida
Statutes, the participation of the County and the Owner in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
1/29/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 7
BIG PINE KEY PARK
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 performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
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
reasonably 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 provision of this
Agreement.
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
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CONTRACT BETWEEN OWNER AND CONTRACTOR
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BIG PINE KEY PARK
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
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement. are this document and those enumerated as follows: Sections 00030 00100 00110
001630022000230003000035000400005000050100750 00970 00980 00990 01010 01015
010200102701040010450105001200013010131001370 01385 01395 01400 01410 01421
015000151001520015500156001590015950160001630 0163101640016500167001700
01710 01720 01730 01740 AIA201 02070 02075 02100 02110 02151 02200 02209 02210
02212M 02220 02221 022280223002232 02235M 02260 02271 0227502281 02361 02370
02490025070251002511 0251302514025150252102580026300266002720 02720A
02721 02740 02740A 02750027600278002790 02790A 02810 02813 02830 02831 B 02832
028470293502938 02938A 02940 02941 0295002951 0296002970029800299003100
032000330004200055000552106100062010619306402 07180 07210 07610 07620 07920
0811008316083310836108520087100880009220 0925009310 09651096530991109912
10101 10155102001035010431 105221052310651 10801 12491 14240150501505215053
150551505815060150731507415075150821508315110 15140 1514515150 1515515160
15165151831541015415154851573815815 15820 158371583815855 15861 1590015940
159501606016073160751612016130161401621116442. bid proposl, drawings.
specifications. and any alternates accepted by the owner.
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 November 2006.
9.1.4 The Specifications are those contained in the Project Manual dated November 2006.
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 Bic Pine Kev Park
Proiect: AO.1. AO.2. X-1. X-2. C-1. C-2. C-3. C-4. C-5. C-7. C-8. C-9. C-10. C-11. C-12.
C-13. C-14. C-15. C-16. C-17. C-18. C-19. C-20. L-O. L-1. L-2. L-3. A1.1. A2.1. A2.1A.
A2.2. A2.3. A2.4. A3.1. A3.2. A3.3. A3.4. A4.1. A4.2. A5.1. A6.1. A6.2. A7.1. A8.1 A8.2.
S1.1. S2.1. S2.2. S2.3. S2.4. S2.5. S3.1. S3.2. S3.3. S3.4. S3.5. 84.1. 85.1. M-1. M-2.
E-1. E-2. E-3. E-4. E-5. E-6. E-7. P-1. P-2. P-3.
9.1.6 The Addenda. if any, are as follows:
Number
1
2
3
Date
11/16/06
11/17/06
01/04/07
Pages
1
1
53 (two-sided)
9.1.7 The Alternates. if any, are as follows:
N/A
1/29/2007
CONTRACT BETWEEN OWNER AND CONTRACTOR
9
BIG PINE KEY PARK
END ALTERNATES
Only Those portions of Addenda relating to bidding requirements which are enumerated in this
Article 9 are part of the Contract Documents.
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
BALANCE OF PAGE INTENTIONALLY LEFT BLANK,
SIGNATURE PAGE TO FOLLOW.
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CONTRACT BETWEEN OWNER AND CONTRACTOR
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BIG PINE KEY PARK
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.
~--~
f(f[;'9--'1':) ion by the Contractor must be by a person with authority to bind the entity.
f(.,N; 1i'~{ THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
I~'/~~' 2) ;~ WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
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F"FB 2 1 2007
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
Date
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CONTRACTOR Date COUNTY~~'n 7
Pedro Falcon Electrical Contractors, Inc.
(SEAL)
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On this 1!:t d"y of F7f ' 200.:], be,&re me ,the undersigned notary public,
Personally appeared h rI.~tJ A-1II . \:5 '" 1:0 bON, known to me to be the
Person whose name is subscribed above or who produced Nil-
As identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for the construction of theBig Pine Key Park
I sas therein cant ined.
Date:
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MY COMMISSION *' DO 243856
EXPtRES: October 9, 2007
1.a;o.a..tCTAAY Fl NotarY [)ieCOU't /vIfJOC. Co.
1/29/2007
CONTRACT BETWEEN OWNER AND CONTRACTOR
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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
ARTICLE 1
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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 or (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 usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation 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
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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
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
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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 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
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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, 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
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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 Subparagraphs 4.6.3 and 4.6.5.
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 responsible 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 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
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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 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.
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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 Facilities Development 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 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 Facilities
Development 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.
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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.
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 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.
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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 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 Facilities Development 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 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
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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.
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. Monroe County Engineering Division is the Architect on
this project.
4.2 Facilities Development
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 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 Facilities Development or Architect, the Owner
shall appoint a Facilities Development or Architect against whom the Contractor makes no
reasonable objection and whose status under the Contract Documents shall be that of the
former Facilities Development or Architect, respectively.
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
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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.
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. Facilities Development will assemble each of the Contractor's
Applications for Payment with similar Applications from other Contractor into a Project
Application and Project Certificate for Payment. After reviewing and certifying the amounts due
the Contractors, the Project Application and Project Certificate for Payment, along with the
applicable Contractors' Applications and Certificates for Payment, will be processed by Facilities
Development.
4.6.9 Based on The Architect's observations and evaluations of Contractors' Applications for
Payment, Facilities Development will certify the amounts due the Contractors and will issue a
Project Certificate 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
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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 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.
4.6.16 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,
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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.
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 a 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, 16'h 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
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.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 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.
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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.
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:
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.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
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
i. 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 released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Facilities Development. 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 forany
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. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
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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.
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 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
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net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner 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 total net cost to the Owner. 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.
.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.
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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 Facilities Development 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.
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
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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.
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.
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.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 approval 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, laborer 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 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
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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 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
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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 pay
or 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 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, 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 Facilities Development, to determine
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Substantial Completion. When the Work or designated portion thereof is substantially complete,
Facilities Development 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, 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 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 Facilities Development.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Facilities Development
and Contractor 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
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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 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.
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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 Facilities Development in writing. The Owner, Contractor and
Facilities Development 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 and Facilities Development 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 and Facilities Development will promptly reply to the Owner in
writing stating whether or not any of them has reasonable objection to the persons or entities
proposed by the Owner. If the Contractor or Facilities Development has an objection to a
person or entity proposed by the Owner, the Owner shall propose another to whom the
Contractor and Facilities Development 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 carry on 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
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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, Constructions Manager 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.
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 perforrn 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:
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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.
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
bylaw.
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 Contractor.
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
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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 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
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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
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 or sublet it as a whole 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:
Pedro Falcon Electrical Contractors. Inc.
31160 Avenue C
Sia Pine Kev. FL 33043
For Owner: Director of Facilities Develooment
1100 Simonton St.. Room 2-216
Tom Willi. Countv Administrator
1100 Simonton St.
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Kev West. Florida
13.4 Rights and Remedies
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.
33040
Kev West Florida
33040
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
33
BIG PINE KEY PARK
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
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 Ternination 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.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
34
BIG PINE KEY PARK
SECTION 00110
NON-COLLUSION AFFIDAVIT
I, Christian Brisson of the city Rig Pin" K"y
according to law on my oath, and under penalty of pe~ury, depose and say that:
1.
lam
Vice President
of the firm of Pedro Falcon Electrical Contractors. Inc.
the bidder making the Proposal for the project described in the notice for calling for bids for:
Bi~ Pine Key Park
and that I executed the said proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prio.r to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full knowledge that
~idPrOject.
- /~ 01/17/2007
Ignature of Bidder) Christian Brisson. as Vp (Date)
STATE OF: FLORIDA
COUNTY OF: MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Christian Brisson
who, after first being sworn by me, (name of individual signing) affixed hislher signature in the space provided above
on this
17
day of
January
,20 07.
C2!f<d.&l. aJJ,~~
TA Y PUBLIC
My commission expires:
~ LAURA A. STURGEvN
W M\~~.~~~:::rr:::
f.8DDa.N)TAAV f ':':'<'.:'1 DiM:oI.rtAleoc. Co.
11/17/2006
PROPOSAL FORM
00110-6
.'
BIG PINE KEY PARK
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS ClAUSE
[llv
Pedro Faloon Electrical Contractors, inc.
(Company)
... warrants that helit has not employed, retained or otherwise had act on hisfrts behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
/~~ /" ----/
_--el;;7C:77/~
(Signature)Christian Brisson, as VP
Date: 01/17/2007
STATE OF:
COUNTY OF:
FLORIDA
MnNllnR
Subscribed and swom to (or affirmed) before me on
by Christian Brisson
January 17, 2007
(date)
or has produced
identification)
n/a
(name of affiant). He/She is personally known to me
as identification. (Type of
~~ot~ Iljj,AAji'dYI
My commission expires:
G) LAURAA. STURGEVN
MY COMMIS8ION # DO_
EXPIRES: ClclobeI'8, ~
'I-II3O&NJTARY FL Hl*ry DiIccu1.woa. 00.
11/17/2006
PROPOSAL FORM
00110-7
BIG PINE KEY PARK
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Pedro Falcon Electrical Contractors, Inc.
(Name of Business)
I'll
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for"violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements. ~? ~~ ......------
Christian Brisso~idders Signatureas VP
01/17/2007
Date
1111712006
PROPOSAL FORM
00110-8
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BIG PINE KEY PARK
INSURANCE REQUIREMENTS
Ply
Worker's Compensation
Employers liability
Statuatory limits
$500,000/500,000/500,000
General liability, including
Premisis Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
Underground, Explosion and COllapse (XCU)
$5,000,000 Combined Single limit
Vehicle liability (Owned, nonowned, and hired vehicles)
$500,000 per Person
$1,000,000 per Occurance
$100,000 Property Damage
$1,000,000 combined Single limit
Builders' Risk
Contractor to Provide Builders Risk
For the Community Center Building
Only
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS
The Contractor covenants and agrees to indemnify and hold harmless 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, damage, 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 all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
11/14/2006
PROPOSAL FORM
00110-10
BIG PINE KEY PARK
rw
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements wnh the bidder named below. The following
deductlbles apply to the cor responding policy.
GL
We-
POLICY
CfP roo lI::J f.p5;)'
WC~'j4193
Llabllitypo/lciesare. /~rence~~ ~
(ltJ/Jrll. vJ6t'f(A!/-.e.( .d. . )
Insurance Agency' I SI re
DEOUCTIBLES
~ I, /)00
-
--
BIDDER'S STATEMENT
I understand the insurance that wiU be mandatory If awarded the contract and will comply in full
with all the requirements.
-~~VP
Pedro Falcon
Electrical Contractors, Inc.
Bidder
END SECTION 00110
11/1712006
PROPOSAL FORM
00110-11
AC# :CbUb~j (
STATE OF FLORIDA
DEPARTMENT OF BUSI>>ES$. ~D P~OFESSIONAL REGULATION
CONS'1'RUGTIO:N" tlnlUSTRY'.LICENSING BOARD SEQ#L06060600698
.". .. .-'. ,', -'-'--._,-'- -
- " . . -'. -' ',.-
: . LICENSE NBR
.... ."
0.6 0.6 20.0.6 0.510.35564 CG01507617
The GENSRAL OONTRACTQ~.
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
E:!Cpiration date: AUG 31" 20.0.8
BRISSON, C~RIST~AN NORMAND
PEDRO FALCOIq ELECTRICAL CONTRACTORS INQN..
31160. AVENUE C
BIG PINE KEY FL33043
\\It
JEB BUSH . .
GOVERNOR
DISPLAY AS REQUIRED BY LAW
SIMOUE MARSTILLER
SECRETARY
.AC# Z,7 818 95
<,:f<i:"" ~:\~.:-~.,_~f~ -':'?~-, -,
_':"/U!.:-~_:' ,,;';-~- ~'l~:~~-- :t;f~.-{:
-/.--.:,,--;,..:;-. - - '.'
- .. .. '~~:i!i :.~:'ii~f
. STATE OF FLORIDA
!DE!?.i\R'l'HENti OP,Btr~t[M>>S.a'ANn PlroPESSIONAL REGULATION
.;.: EX.ECT~tCAL,CQRTRA<n'PRS ~ICENSING BOARD SEQ#L06090500?65
''':'''',',.,'
OISPLAv A'SREQUIRED BY LAW
SIMONE. MARSTILLER
SECRE'r)\;RY
Ac#4988254
~ __ :~Y!;//:-;~\"i;. .:;:.~
'=;':'_'.'"1 ,(.-_:~.~_-
. . ST A 1"1: O.F FLORIDA
i:lj;JPAR'l'M:~..;'OIi.';Btl'SJ;Nli:$SANI>' PROFESSIONAL REGULATION
" .~: ;.~ li:J>~lU<'Ak~omrRACTORS .tt;tCgNSJ:NGi'lOARD SEQ#L0612140Q102
L eENSE'NBR
489 Fa.
ALLSBROOK, ROBERT DAVID
PEDRO.l.".I\..LCQk ELECTRICAL CONTRACTORS INC
31160 AVENUE C
BIG PINE KEY PI. 33043
JEB BUSH
GOVERNOR
nl~DI fj.V fj.C:- Ot:f'\IIIDE::'n cv I ^\,H
SIMONE MARSTILLER
SECRETARY
FACILITIES
OR
MACHINES
TYPE OF
BUSINESS
BUSINESS
ADDRESS
NAME
MAILING
ADDRESS
lJ
2 () 0 6 ... 2007 BUSINESS TAX RECEIPT
MON R OE STATE OF FLORIDA
MUST BE DISPLAYED IN CONSPICUOUS PLAC E
ROOMS SEATS EMPLOYEES
6-10
30140 ELEC CONT
31160 AVE C
00 - COUNTY OF MONROE
PEDRO FALCON ELE CONTRACTO
FALCON PEDRO
3116U AVE C
BIG PINE KEY FL 33043
THIS BECOMES A TAX
RECEIPT WHEN VALIDATED DANISE D. HENRIQUEZ TAX COLLECTOR
PO BOX 1129, KEY WEST FL 33041-1129
0000000000 0000002500 0000301400009801 1001 J
-08
?\\
ACCOUNT
30140-0009801
EXPIRES
SEP T. 30, 2007
SUPPLEMENTAL
RENEWAL
NEWTAX
TRANSFER _;='~
OAIGIN..=;;....=
=::::~_;;r=s=
-~
. _0
AMOUNT _=~.
PENALTY_ _ ~a;:;
COLLEC-ae~.. -=
TOTAL ===:- .=::
- ...
... ~
... -
25.00
25.00
THIS IS ONLY A TAX. YOU MUST
MEET ALL COUNTY AND/OR
MUNICIPALITY PLANNING AND
ZONING REQUIREMENTS.
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, 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:
MONROE COUNtY
181 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or FACILITIES DEVELOPMENT
o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below;
Named Insured
Pedro Falcon Electrical Contractors Inc
TIME:
llECllVliD a
Address of Named Insured 31160 Avenue C
Big Pine Key, Fl. 33043
!I)eUn:
Signature of Authorized Representative
I
Monroe CClunty Board of County
Commissioners
1100 Simonton St Room 1-~()
Key West, FI. 33040 U 11.~ Q
L d -e--iijJ . L
X
POLICY NUMBER
EFFECTIVE DATE OF
POLICY
DESCRIPTION OF
VEHICLE
LIABILITY COVERAGE
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
a. Bodily Injury
Each Accident
b. Property Damage
c. Bodily Injury &
Property Damage
Single Limll Each
Accident
PHYSICAL DAMAGE
COVERAGES
8. Comprehensive
b. Collision
EMPLOYER'S
NON-DWNERSHIP
COVERAGE
HIRED CAR COVERAGE
030 5488 B29 59F
0812912006
2000 CHEVROLET VAN
1GNOM1~YBl90954
!8:IYES NO
002 3871 F03 590
12/0312006
2000 FORO F350 PICKUP
1FTSX31FOYEB54835
1137113 E10 59E
1110112006
2001 FORD Fl50 PICKUP
1FTZF172X1NA99417
007743702659H
1012612006
2005 HONDA ACCORD
3HGCM5&465G713921
!8:IYES NO
YES NO
YES NO
$1,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
NO
!8:IYES DNO
$2.000.00 Deductible
DYES
DYES
DYES
NO
!8:INO
!8:INO
!8:INO
DYES
!8:INO
DYES
DYES
!8:INO
NO
Agent
Title
1163
Agent's Code Number
01/2612007
Date
Name '~nd Address of Certificate Holder
Name and Address of Agent
I
I
I
William A. Marti, Agent
2105 N S1ate Road 7
Hollywood, FI. 33021
954-987-0121
954-987-2215 Fax
.-J
Check if a penmanent C.,rtificate of Insurance for liability coverage is needed; !8:1
Check if the CertiflC8te Holder should be added as an Additional Insured: !8:1
Remarks;
158-4430.2 Rev. 9-94 Printed in U.SA
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
T~RMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, 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: I8l STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or
[I STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below :
Named Insured Pedro Falcon Electrical Contractors Inc
Address of Named Insured 31160 Avenue C
Big Pine Key, FI. 33043
POLICY NUMBER
EFFECTIVE DATE OF
POLICY
DESCRIPTION OF
VEHICLE
LIABILITY COVERAGE
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
a. Bodily Injury
Each Accident
b. Property Damage
c. Bodily Injury &
Property Damage
Single Lim~ Each
Accident
PHYSICAL DAMAGE
COVERAGES
a. Comprehensive
b. Collision
EMPLOYER'S
NON.OWNERSHIP
COVERAGE
HIRED CAR COVERAGE
Lt~/d/R2
D09 4759 COO 59J
09109/2006
2003 FORD F 150
1FTRF17283NB16816
083 8673 026 59E
1012612006
1994 FREIGHT FL80
1 FV6JFAB5RL587063
I8IYES NO
YES NO
$1,000,000.00
$1,000,000.00
I8IYES NO
$2.000.00 Deductible
YES DNO
$2.000.00 Deductible
DYES
DYES
I8INO
I8INO
I8INO
YES
Agent
TItle
Signature of Authorized Representative
I"
Monroe County Board of County
Commissioners
1100 Simonton St Room 1-213
Key West, Fl. 33\fIS(ts.
L ().. ~O)
Name iand Address of Certificate Holder
I
I"
287638801359
1011312006
2005 FORD THUNDERBIRD
1FAHP60A25Y100982
645 9389 D09 591
10109/2006
2003 FORD E350 VAN
1FTSE34L03HC07638
~
L
YES NO
YES NO
$1,000,000.00
$1,000,000.00
NO
NO
I8IYES
$2.000.00
Deductible
I8IYES DNO
$2.000.00
Deductible
DYES
I8INO
DYES
I8INO
NO
1163
Agent's Code Number
01/2612007
Date
Name and Address of Agent
I
William A. Marti, Agent
2105 N state Road 7
Hollywood, FI. 33021
954-987-0121
954-987 -2215 Fax
~
Check if a permanent Certificate of Insurance for liability coverage is needed: 181
Check if the Certificate Holder should be added as an Additional Insured: 181
Remarks:
158-4430.2 Rev. 9-94 Printed in U.$A
CERTIFICATE OF INSURANCE
SIICH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
TERMINATED WlTHOllT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, 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: 181 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or
[I STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below :
Named Insured Pedro Falcon Electrical Contractors Inc
Address of Named Insured 31160 Avenue C
Big Pine Key, FL. 33043
POLICY NUMBER 6511826 E07 59F
EFFECTIVE DATE OF 11/0712006
POLICY
1997ISUZU FLAT BED
DESCRIPTION OF JALC4B1K0V7010053
VEHICLE
LIABILITY COVERAGE YES NO YES NO YES NO YES NO
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
a. Bodily Injury
Each Accident
b. Property Damage
c. Bodily Injury &
Property Damage $1,000,000.00
Single Lim~ Each
Accident
PHYSICAL DAMAGE l8:IYES DNO DYES DNO DYES DNO
COVERAGES $2.000.00 Deductible Deductible Deductible
8. Comprehensive
l8:IYES NO NO DYES NO
b. Collision $2.000.00 Deductible Deductible Deductible
EMPLOYER'S
NON-OWNERSHIP DYES l8:INO DYES DNO DYES DNO DYES DNO
COVERAGE
HIRED CAR COVERAGE
Agent 1163 01/26/2007
Tille Agenfs Code Number Date
Name and Address of Certificate Holder Name and Address of Agent
I I I I
Monroe County Board of County William A. Marti, Agent
Commissioners 2105 N State Road 7
1100 Simonton St Room 1-213 Hollywood, Fl. 33021
Key West, FL 33040 954-987-0121
~1 ~
L d.- -(3'0] ~ L ~
X
Check if a permanent CE,rtificate of Insurance for liability coverage is needed: l8:I
Check if the Certificate Holder should be added as an Additional Insured: l8:I
Remarks: THIS IS A 6 MONTHS POLICY RENEWING 07/28106
jJ. CORQ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY)
'" 02/01/2007
PRODUCE.. (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O.- Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami 'Lakes, FL 33014--9315
INSURERS AFFOR~iiii;li~fNROE Cllll rttf<IC#
INSURED Pedro Falcon Elec:trical Contractors, Inc. INSURER A FCCI Co lITIWEVELC PMENl
31160 Avenue C INSURER B
Big Pine Key, FL 33043 INSURER C -:;::; ?n 17
.
INSURER 0 FF'-' u , ';"iJl.ii 7-~ I
INSURER E ~.... { ( I /
COVERAGES 'J1MI!; RE("EI\IE~ / /
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A 'E POLICY PERIOD INDJCI\'TED, 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.
INSR DO' TYPE OF INSURANce POLICY NUMBER PR4~~ EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY CPP0045652 03/13/2006 03/13/2007 EACH OCCURRENCE . 1,000,000
X COMMERCIAL GENERAl. LIABILITY DAMAGE :9....~ENTED . 100 , 000
I CLAIMS MADE [KJ OCCUR MED EXP (Anyone person) . 5,00(
A PERSONAL & ADV INJURY . 1,000,00(
f--
f-- GENERAL AGGREGATE . 2,000,00(
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG . 2,000,00(
hi (nPRo-I"'l,
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f-- .
ANY AUTO (Eaaccidenl)
f--
f- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- .
NON-OWNED AUTOS (Peraccidenl)
-
PROPERTY DAMAGE .
(Per accident)
GARAGE LIABILITY AUTO ONLY - EAACCIDENT .
=i ANY AUTO OTHER THAN EA ACC .
AUTO ONLY AGG .
5~SSIUMBRELLA L1ABILlW EACH OCCURRENCE .
OCCUR D CLP,IMS MADE ~( '1), 'Q AGGREGATE .
T\JlJt.Li!J .
=i ~EOUCTIBLE 3--{~0} .
RETENTION . .
WORKERS COMPENSATION AND ^ I T,:(~,\'T~I.~~ I 10TH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT .
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT .
OTHER
r-~ESCR!PTIpN OF OPERATIONS I LqcATIONS { .VE':IICLES I EX!=LUSIONS ADDED BY ENDORSEMENT J SPE9AL P.RO'{IS10NS
~ert1f1cate holder 1S add1t10nal 1nsured on the General L1ab1l1ty Policy.
For Any Cancellation 30-45 days, Except 10 days for non-payment
Monroe County Board of Commissioners
1100 Simonton Street
Key West, FL 33040
C C
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NO. POSE NO OBLIGATION OR LIABILITY
OF ANY KI P N ER, ITS AGENT OR REPRESENTATIVES.
AUTHOR EP
@ACORDCORPORATION 1988
ACORD 25 (2001/08)
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP ID ..J DATE ~M~~DD':"""I
PEDRO 2u.1 02/01/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODli';ER
BUTl:.ER, BUCKLEY, D:EETS INC.
616:> BLUE LAGOON DR., STE 420
MIAMI FL 33126
Phone: 305 262 008Ei
INSURED
PEDRO FALCON
CONTRACTORS,
31160 AVE C
BIG PINE K;:Y
ELECTRICAL
INC.
FL 33043-4516
INSURERS AFFORDING COVERAGE
INSURER A: AMERICAN INTERNATIONAL IfA€:tuBES OEVELOPMEN
INSURER B ~-------...
--~
T1:D ;U.:: r -I'
7 1 /
/ '
NAIC#
INSURER c:
INSURER 0:
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.
L TR NSR TYPE OF INSURANCE
~NERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE D OCCUR
POLICY NUMBER
D~~~ (MMfDDNY
DATE MM/DDNY LIMITS
EACH OCCURRENCE $
PREMISES fEa occu~~nce) $
MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS. COMP/OP AGG $
-
-
~'L AGGRE~E LIMIT AP~S PER:
I POLICY I I ~rs: I I LOC
~TOMOBILE LIABILITY
_ ANY AUTO
ALL OWNED AUTOS
-
SCHEDULED AUTOS
-
_ HIRED AUTOS
_ NON-OWNED AUTOS
-
A
GARAGE LIABILITY
~.ANYAUTO
~ESSlUMBRELLA LIABILITY
~ OCCUR D CLAIMS MADE
I DEDUCTIBLE
I RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
~~E~I~Ls~~V~~~ONS below
OTHER
60, ~'C(:av<A
7'-FtO)
COMBINED SINGLE LIMIT .
(Eaaccidenl)
BODILY INJURY .
(Per person)
BODilY INJURY .
(Per accident)
PROPERTY DAMAGE .
(Peraccidenl)
AUTO ONLY - EA ACCIDENT .
OTHER THAN EAACC .
AUTO ONLY: AGG .
EACH OCCURRENCE .
AGGREGATE .
.
.
.
WC1760051
01/01/07
01/01/08
I TORY LIMITS I IUElr
E.L EACH ACCIDENT $ 500000
E.L DISEASE~EAEMPLOYEE $ 500000
E,L OlSEASE-POLlCYLlMIT $ 500000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
MONROE 3
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
@ACORDCORPORATION1988
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
1100 SIMONTON STREET
KEY WEST E~ 33040
William S. Bodenhamer
ACORD 25 (2001/08)
/t-{e COY"c\ 1~')
~.l
( t)-p~
NielSon, ;4.fter cs'l;4ssodates, Inc.
(}Joru{ <Department
MONROE COUNTY
FACILlIIES DMLOPMENl
Public Works Bond
In compliance with Florida Statutes 255.05(1)(a) TIME:
RECEIVED BY:
MAR 1112007
Bond No.
104863379
ContraCltor
<Pearo Polcon p'fectrica[ Contractors, Inc.
Address
31160 Avenue C
Big Pine Key, FL 33043
Phone No.
(305) 872-2200
Surety Company
Travelers Casualty and Surety Company of America
Address
One Tower Square
Hartford, CT 06813
Phone No.
(860) 277-0111
Owner Name
Monroe County Board of County Commissioners
Address
500 Whitehead Street
Key West, FL 33040
Phone No.
ContractJProject No.
Project Name
(305) 289-6054
Project lLocation
Construction of a :New 2 Story Community
Center ana par(Cocatea on Sanas <JWaa in
(Big Pine 'IVy
Big Pine Key, FL
Legal Dlescription
And Stnet Address
Sands Road, Big Pine Key, FL
Descriplion of Work
Construction
Front Page
All other bond page(s) are deemed subsequent to this page regardless
of any page number(s) that may be preprinted thereon.
!llii.WE KEY PARK
SECTION 00501
PUBLIC CONSTRUCTION BOND
Bond No. 104863379
BY THIS BOND. WePEDRO FALCON ELECTRICAL CONTRACTORS. INC. ,as Principal
anclTravel"rs Casualty and Surety Company of Americg a corporation, as Surety, are bound
to Monroe County Board of County Commissioners, herein called .Owner, in the sum of
$ 4.528,000.00** for payment of which we bind ourselves, or heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Perfc)rms the contract dated Februar~ 21 L 20 07 . betw. een
. . . (;Ollstruc ~on or a New Story C<;>mmuriltl/ Center
PrinCIpal and OWner for construction ofanL' Por. T nCOT~~ nn <::onn" .T1Mn , n R:I,& me
contract being made a part of this bond by reference, at the times and in the nfall'h"erKey. FL
pres,cribed in the contract; and
2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies. used directly or indirectly
by Principal in the prosecution of the work provided for in the contract and;
3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and
attorney's fees, including appellate proceedings, that OWner sustains because of a
default by Principal under the contract; and
4. Perllorms the guarantee of all work and materials furnished under the contract for the
timE! specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255 . 05 (2) , Florida Statutes. .
Any changes in or under the contract documents and compliance with any formalities connected
with the contract or the changes does not affect Surety's obligation under this bond.
DATED ON
March 6
,20...QZ....
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--11/11111I1111"'"
Inc.
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Travelers,Caiualty
mpany of Americ,
URETY)
11/1'1nnnl;.
CONSTRUCTION BID BOND
00501-1
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
~ TRAVELE.RS
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney.]n Fact No.
218020
St. Paul Guardian Insurance Campau)'
St. Paul Mercury Insurance Company
Travelers Casualty and Surel)' Campau)'
Travelers Casualty and Surety Company of America
United States }'idelity and Guarant}' Campau:,..
Certificate No. 001304071
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underw:~iters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Ailer, and David R. Hoover
of the City of Miaml Lakes , State of Florida . their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law
IN WITNESS WHEREOF, the Com..Q.a.!l~es have caused this instrument to be signed and thyircorporate seals to be hereto affixed, this
d f November ZUllO
ayo ,.
17th
Farmington Casualty COIppan:r
Fidelity and GuarantylnsUrance Compaqy
Fidelity and Guaranty Insut'aike Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
91
~
~
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Compan:y
,....~~~:-...
!;~2;~:~~;~~',
~;:~.E$.~~i!
~li'...,;". .,.+
-
By:
. 17th November 2006,
On thiS the day of , before me personally appeared George W. Thompson, v.'ho acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Lnderwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes tberein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-8-06 Printed in U.S.A.
'f(\CJJ0,
'-M<lricC
c.j~
Tetreault. Notary "unlic
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and hy the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company. Fidelity
and Guaranty lnsuranl.:e Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seahoard Surety Company, 51. Paul fire and Marine Insurance Company.
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and etfect, reading as follows:
RESOLVED, that the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President. any Second Vice
President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and 011 hehaIr
of the Company and may give such appointee SUdl authority as his or her celiificate or authority may prescribe to sign with the Company's name ant.! seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any
of said officers or the Board ur Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority tu une or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary: and it is
FURTHER RESOLVED, that any bond. rewgni/.anee, contract of indemnity, or writing obligatory in the nature of a hond, recognizance, or conditional undertaking
shal1 be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their l.:ertificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and hinding on the
Company in the future with respect to any bond or understanding to which it is attached.
1, Kori M. Johanson, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SL Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and SurctyCompany Qf)\merica, and United States Fidelity and Guaranty Company do herehy
certify that the above and foregoing is a true and correct copy of the Power of AttorneYl!Xecuted by said Companies, which is in full force and erred and has not heen
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Cornpanies this ~__ day of
March
.200l.
Kori M. Johans
g
'31, It
~
~
a~~
v,),.......".,-":'J.~\
(!i(.Q,-?Oll;llri;-\"\
f:r; _._ 'oi
\ ~~\~EA.~~1j
"iCY
To verify the authenticity of this Power of Attorney, call l-HOO-421-3880 or cont:Kt us at www.stpaultravelersbond.col1l. Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the hond to which the power is attached.
WARNING: THI POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
BrG PIMl..KJIT.WK
SECTION 00501
PUBLIC CONSTRUCTION BOND
Bond No. 104863379
BY THIS BOND, WePEDRO FALCON ELECTRICAL CONTRACTORS. INC. ,as Principal
ancrrravelers Casualty and Surety Company of Americg a corporation, as Surety, are bound
to Monroe County Board of County Commissioners ,herein called 'OWner. in the sum of
$ 4.528,000.00** for payment of which we bind ourselves, or heirs, personal
representatives, successors, and assigns. jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Perf,orms the contract dated Februar~ 21 lO 07, between
Principal and Owner for construction of~~~S~;~{; ?-~;:" n~ a n~e1!"n n ~~X n C~~1\'<<!jfje Cente r
conl:ract being made a part of this bond by reference, at the times and in the rrta'h'h~ley. FL
pre!;cribed in the contract; and
2_ Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by F'rincipal in the prosecution of the work provided for in the contract and;
3. Pay:s Owner all losses, damages, including damages for delay, expenses, costs, and
attorney's fees, including appe.llate proceedings, that Owner sustains because of a
defa,ult by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the
time specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255 . 05 (2) , Florida Statutes. '
Any changes in or under the contract documents and compliance with any formalities connected,
with the contract or the changes does not affect Surety's obligation under this bond.
DATED ON
March 6
. 20..,QL.
"
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"/4'III...;;Jc:I * 'C>';\\'\,'"
1IIIIllIllIIHl\\\\\\\ .
Contractors
(PAL)
BY
Charles J.
Attorney In
11117nnot!::
CONSTRUCTION BID BOND
00501-1
J
. TRAVELERS
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
218020
81. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Compan:y
Travelers Casualty and Surel)' Compau:,.. of America
United States .Fidelity and Guaranty Compau}'
Certificate No. 00 13 r 4 0 72
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby m.ake, constitute and appoint
Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, and David R. Hoover
of the City of Miami Lakes , State of Florida , their true and lawful Atlomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or penpittedin anYlJ.btions or proceedings allowed hy law.
IN WITNESS WHEREOF, the Companies have caused this instruil1ent to be signed and theiJ;corporate seals to be hereto affixed, this . 17th
d f November 2006 -------
ay 0
Farmington Casualty COOlpany
Fidelity and Guarantylnshrance Company
Fidelity and Guaranty InSUl'llOCe Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
~
~
~\
~1.1
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guarant)' Company
By:
17th November 2006
On this the day of , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Lnderwriters,
Inc., Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, Sl. Paul Guardian Insurance Company, 51. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, being
authorized so to do, executed the foregoing insLrument for the purposes therein contained by signing on behalf of the corporations hy himself as a duly authorized o1li<:cr.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-8-06 Printed in U,S.A.
'f(\w
'-Marice
c.j~
Tctrciluh, Notary I'uhlil"
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Din:ctors of Farmington Casualty Company. Fidelity
and Guaranty Insurance Company. Fidelity and Guaranty lnsurance Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company,
S1. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company. which resolutions are now in full force and effect. reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vice
President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents {() act for and on behalf
of the Company and may give such appointee such authority as his or her cerlificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undel1aking. and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and il is
FURTHER RESOLVED, that the Chairman, the Presidenl, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in wriling and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance. contract of indemnity, or writing obligatory in the nature of a bond, recognizance. or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if rel.juired) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is
FURTHER RESOI.VED, that the signature of each of the following officers: President, any Executive Vice President, an)' Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and altesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding 10 which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica~ and United States Fidelity and Guaranty Company do hereby
certify thatlhe above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not heen
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of saidCQJllpanies this 6 th
day of
March
,20
07
Kori M. Johans
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To verify the authenticity of this Power of Attorney. call 1-800-42l-3gg0 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-ln~Fact number,
the above-named individuals and the details of the bond to which the power is attached.
W NIW': THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER