08/15/2001 Agreement
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the Fifteenth day of August in the year of TWO THOUSAND ONE
(In Words. indicate day, month and year.)
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)
TPE Structures Inc.
PO Box 2066
Key West, FL 33045
For the following Project:
(Include detailed description of project,
location, address and scope)
Public Library, George Dolezal Branch
U.S. Highway No.1
Marathon, Florida
The Construction Manager is:
(Name and address)
Stephanie Coffer
Construction Management
MonrQe County Engineering Department
5100 College Road
Key West, Florida 33040
The Architect is:
(Name and Address)
William P. Horn
915 Eaton Street
Key West, Florida 33040
The Owner and Contractor agree as set forth below.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, 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 stated below or provision is made for the date to
be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner, through the Construction Manager, in writing not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of
certain portions of the Work, if not stated elsewhere in the Contract Documents.)
One Hundred Twenty (120) 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 daJrulges relating to failu;e 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 Ninety Five Thousand One Hundred Two Dollars/1oo Dollars ($95,102.00), 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: Alternate A $2,224.00; Alternate B $3,072.00; Alternate C $3960.00; Alternate
D $6144.00.
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(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. New concrete piers: $530.00/pier
2. Square foot of Elastomeric painting: $1.28/s.f.
3. Square foot of stucco painting: $.64/s.f.
4. Spalling repair per pier for existing piers under slab: $330.00/pier.
5. Linear foot cost for slab edge repair: $125.00/lin. ft.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project
Applications and Certificates for Payment issued by the Construction Manager 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:
Thirty days (30) after commencement of the work and every thirty days thereafter until completion of
the project.
5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day of a
month, the Owner shall make payment to the Contractor not later than the Twenty-first day of the Same month. If an
Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be
made by the Owner not later than Twenty days after the Construction Manager 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
Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of
the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as
follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the
percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten percent (10%). Pending fmal 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 Construction Manager. When both additions and credits covering related Work or
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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 Construction Manager or Architect has withheld or nullified a Certificate
for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the
following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent
(90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for
incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or 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 resulting from the percentages insened in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insen 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 fmal payment: and (2) a final Project Certificate for Payment haws been issued by the
Construction Manager and Architect: such fmal payment shall be made by the Owner not more than 20 days after the
issuance of the fmal Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(lnsen rate of interest agreed upon, if any)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's
and Contractor's principal places of business. the location of the Project and elsewhere may qffect the validity of this provision. Legal advice should be
obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
7.3 Temporary facilities and services:
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(Here insen temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.)
7.4 Other Provisions:
(Here list any special provisions affecting the Contract.)
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended 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 enumerated as
follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June
2000, and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1. 4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1. 3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Title
Pages
As listed in Table of Contents, Section 00{)01 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Title
Date
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.6 The Addenda, if any, are as follows:
Number
1
Date
3/13/01
Pages
2
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Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
(List here any additional documents which are intended to form pan of the Contract Documents. The General Conditions provide that bidding
requirements such as advenisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are nat pan of the contract
Documents unless enumerated in this Agreement. They should be listed here only If intended to be pan of the Contract Documents.)
L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
7 MONROE COUNTY, FLORIDA
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Mayor/Chairman
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1996 Edition
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _ Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in ~l
with all the requirements.
Bidder
Signature
INSCKLST
Administration Instruction
#4709.3
8
Section 00750
General Conditions of the Contract for Construction
Where the Construction Manager 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 ofthe
Contract
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General Conditions of the Contract for Construction
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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 perfonned 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, and unless otherwise indicated the
Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition
to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the
Architect, 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 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 the Architect's copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of
Drawings and Specifications reasonably necessary for the execution of the Work.
1.4 Capitalization
1.4.1 Tenns capitalization in these General Conditions include those which are (1) specifically defmed, (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 mopifier or an article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The tenn "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.
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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 the Construction Manager, 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 the Construction Manager 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 in writing, may order the
Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the
Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default
or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after
receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to
other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including
compensation for the Construction Manager's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the
Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. Ifpayments
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 of24 hours notice. In the event of safety
issues determined to be of a serious nature, as determined by the Construction Manager, 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 the Construction Manager, and that are identical or substantially similar to these Conditions.
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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 the Construction Manager and Architect
errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager 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 the Construction Manager 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 the Construction Manager 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 the Construction Manager and
Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved
pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3 .1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and
for coordinating all portions of the Work under this Contract, subject to overall coordination of the Construction Manager as
provided in Subparagraphs 4.6.3 and 4.6.4.
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 the Construction Manager 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.
3.4 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 employee is determined to be detrimental to the Project, as deemed
by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction
Manager. Employees dismissed from the project will be transported from the jobsite 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 the
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Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and
Specifications so that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Construction Manager 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 the Construction Manager 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 pay 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 any County building permit or County 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, HV AC, 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 the Construction Manager, 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 the Construction Manager, 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 the Construction Manager and shall not be changed except with the consent of the Construction Manager, unless the
superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's
information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such schedule
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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 seven (7) 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 the Construction Manager's
approval.
3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work
to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's
own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 The Construction Manager 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 the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to
the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor
or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by
which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their
submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes
to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is
subject to the limitations of Subparagraph 4,6.12.
3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in accordance with the schedule and
sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by
the Contract Documents. The Contractor shall cooperate with the Construction Manager 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 the Construction Manager 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
the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless
the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of
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submittal and the Construction Manager 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 the Construction Manager'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 the Construction Manager and Architect on previous submittals.
3.12.10 Informational submittals upon which the Construction Manager 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, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of
such calculations and certifications.
3.12.12 Ifmaterials specified in the Contract Documents are not available on the present market, the Contractor may submit
data on substitute materials through the Architect to the Construction Manager for approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confme 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, the Construction
Manager before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts
fit together properly; He shall also provide protection of existing work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of
the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The
Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with
written consent of the Construction Manger, Owner and such other contractors: such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent
to cutting or otherwise altering the Work. When structural members are involved, the written consent of the
ArchitectlEngineer shall also be required. The Contractor shall not unreasonably withhold from the Construction Manager 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 fmishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fITe-related floor, ceiling, wall, security wall, or any other fmished 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 Construction Manager.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager 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, Construction Manager and Architect access to the Work in preparation and
progress wherever located.
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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 Construction Manager and Architect harmless from loss on account thereof, but shall
not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required
design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such
information is promptly furnished to the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County and Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier,
occasioned by the negligence or the wrongful act or omission of the Contractor or its subcontractors in any tier, their
employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully practicing architecture
identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized representative.
4.2 Construction Manager
4.2.1 The Construction Manager 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 "Construction Manager" means the Construction Manager or the
Construction Manager's authorized representative.
4.3 Duties, responsibilities and limitations of authority of the Construction manager and Architect as set forth in the
Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction
Manager, Architect and Contractor. Consent shall nqt be unreasonably withheld.
4.4 In case of termination of employment of the Construction Manager or Architect, the Owner shall appoint a
construction manager or architect against whom the Contractor makes no reasonable objection and whose status under the
Contract Documents shall be that of the former construction manager or architect, respectively.
4.6 Administration of the Contract
4.6.1 The Construction Manager and Architect will provide administration ofthe Contract as described in the Contract
Documents, and will be the Owner's representatives (1) during construction, (2) until fmal payment.is due and (3) with the
Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Construction Manager
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 The Construction Manager will determine in general that the Work is being performed in accordance with the
requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
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4.6.3 The Construction Manager 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 Construction Manager 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, the
Construction Manager and the Owner until subsequently revised.
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 The Construction Manager, 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 the Construction Manager 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 the
Construction Manager, and shall communicate through the Construction Manager, 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 the Construction Manager and shall be contemporaneously
provided to the Architect.
4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, including fmal
payment. The Construction Manager 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 Construction Manager will submit the Project Application and Project
Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect.
4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the
certifications of the Construction Manager, the Architect will review and 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 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 the Construction Manager. Subject to review by the
Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract
Documents. Whenever the Construction Manager considers it necessary or advisable for implementation of the intent of the
Contract Documents, the Construction Manager 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 the Construction Manager 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 the Construction
Manager'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 the Construction
Manager 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 the Construction Manager 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.
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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 the Construction Manager, 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 ofa specific item shall not indicate approval ofan assembly of which the
item is a component.
4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives.
4.6.14 Following consultation with the Construction Manager, 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 Architect 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 Construction Manager will forward to the Architect a final Project
Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents.
4.6.17 Ifthe Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying
out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project
representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and requirements of the Contract
Documents on written request of the Construction Manager, 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 relatin~ to aesthetic effect will be fmal if consistent with the intent expressed in
the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension oftime 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 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or
Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.8. A decision by the Architect, as
provided in Subparagraph 4.8.4, shall be required as a condition precedent to litigation ofa Claim 'between the Contractor and
Owner as to all such matters arising prior to the date fmal payment is due, regardless of (I) whether such matters relate to
execution and progress of the Work or (2) the extent to which the Work has been completed. The ;decision by the Architect in
response to a Claim shall not be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The
Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to
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take action required under Subparagraph 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim
has been referred to the Architect or (5) the Claim relates to a mechanic's lien.
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 2 I 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.
4.7.4 Continuing Contract Performance. Pending fmal resolution ofa 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 fmal payment shall constitutive a waiver of Claim by the Owner
except those arising from:
. I liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (I) 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, ifthey differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will
recommend and equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the
conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of
the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8.
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 inslWed, 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.
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4.8 Resolution of Claims and Disputes
4.8.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of
receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating
when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4)
recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not
obligated to, notifY the surety, if any, of the nature and amount of the Claim.
4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation.
4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary
response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2)
modifY the initial Claim or (3) notifY the Architect that the initial Claim stands.
4.8.4 Ifa Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties
or requested by the Architect, the Architect will notifY the parties in writing that the Architect's decision will be made within
seven days, which decision shall be fmal and binding on the parties. Upon expiration of such time period, the Architect will
render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or
Contract Time or both. Ifthere is a surety and there appears to be a possibility ofa Contractor's default, the Architect may,
but is not obligated to, notifY the surety and request the surety's assistance in resolving the controversy.
4.8.5 Court Determination ofClaimslDisputes. Any claim or dispute that the parties are unable to achieve a settlement
among themselves must be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
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 the Construction Manager for review by the Owner,
Construction Manager 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. The Construction Manager will
promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due
investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager 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, Construction Manager or
Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom
the Contractor has made reasonable objection.
5.2.3 If the Owner or Construction Manager 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.
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5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner, Construction
Manager or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate agreement, written where legally required for validity, 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, Construction Manager and Architect. Each subcontract agreement shall
preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect
to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When
appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The
Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor
will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the
proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make
copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2
and only for those subcontract agreements which the Owner ac~epts 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.
5.4.2 If the Work has been suspended for more than 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 the Construction Manager. 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 the Construction Manager, 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 Construction Manager shall be held harmless of any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager 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
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report to the Construction Manager 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 party
responsible therefor.
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 the Construction Manager in writing,
of his contention: setting forth (A) the cause for the delay, (B) 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 the Construction Manager 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 Construction Manager for an increase in the Contract price, nor a
claim against the Owner or Construction Manager 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 the Construction Manager, 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, Construction Manager, architect and Contractor;
a Construction Change Directive require agreement by the Owner, Construction Manager 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 the Construction Manager and signed by the Owner,
Construction Manager, 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, ifany; and
.3 the extent of the adjustment in the Contract Time, ifany.
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:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit
evaluation;
.2 unit prices stated in the Contract Documents or subsequently agrees upon;
.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 Ifnone 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 Construction Manager 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 Construction Manager. 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 Construction Manager'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
the Construction Manager with all supporting documentation required by the Construction Manager 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; wo~ks' 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 fmal
determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit
to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the
amount of the actual net cost as confirmed by the Construction Manager. 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 oflabor 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 SociaJ Security and Sales Tax.
If deductions are ordered the credit shall be the net cost. Items considered as overhead shall include insurance other than that
mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies,
incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other
than those covered by unit prices set forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent
(5%) and the maximum percentage for profit shall be five percent (5%);
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.2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a
maximum addition often percent (10%). If the Contractor does not perform the Work, the maximum mark-up for
managing this 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 then 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 often percent (10%) on his
direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, 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 the Construction Manager such as certified quotations or invoices shall be provided by the
Contractor to the Construction Manager at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise,
involve extra Work not covered by the Contract, he shall give the Construction Manager 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 the Construction Manager 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 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.4 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 the Construction Manager and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written orders promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the
Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
8.1.5 The Owner/Construction Manager shall be the fmal judge as to whether substantial completion has been achieved
and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
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t
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the
Contractor confmns that the Contract Time is a reasonable period for perfonning 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 II 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,
Construction Manager, 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, Construction Manager, or by any other cause which the Construction Manager detennines may justify the delay, then
the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may
detennine, in accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager 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 tennination of the cause for the delay
within seventy-two (72) hours after such tennination 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 defmed 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
PA YMENTS 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 perfonnance 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 the Construction
Manager, a schedule of values allocated to various portions of the Work, prepared in such fonn and supported by such data to
substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to b the
Construction Manager 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
Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values.
Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as
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the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material
suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the Work which have been properly
authorized by Construction Change Directives but not yet included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the
Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the
Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or
otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such
materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later
than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for
which Certificates 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 Certificate for Payment
9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's
applications with similar applications for progress payments from other Contractors and, after certifYing the amounts due on
such applications, forward them to the Architect within seven days.
9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager
and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount
as the Construction Manager and Architect determine is properly due, or notifY the Contractor and Owner in writing of the
Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Subparagraph
9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager.
9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations
made separately by the Construction Manager 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 the Construction Manager'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 the
Construction Manager or Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment
will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the
issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the
Construction Manager or Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity
of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Certification
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9.5.1 The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the
application is not adequately supported. If the Contractor and Construction Manager cannot agree on a revised amount, the
Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may
also decline to approve any Application for Payment or, because of subsequently discovered evidence or subsequent
inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his 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 the
Construction Manager, 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.
.1 No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by
the Contractor, within all the requirements of Article II, have been filed with the Owner and Construction Manager.
9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously
withheld.
9.6 Progress Payments
9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager
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 fmal payment is made. The balance ninety percent (90%) of the
amount payable, less all previous payments, shall be certified for payment.
,I 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 the Construction Manager to be a part of the fmal 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 offmal payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner.
9.6.3 The Construction Manager 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, Construction
Manager and Architect on account of portions of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to payor to see to the payment of
money to a Subcontractor except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and
9.6.4.
9.6.6 A Certificate for Payment, 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 to the right of the Owner or
Construction Manager 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
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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 is
Subcontractor interest therein. 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 ofthe 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 Construction Manager shall jointly prepare and submit to the Architect a
comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct
items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all
Work in accordance with the Contract Documents. Upon receipt of the list, the Architect,.assisted by the Construction
Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If
the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the
requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion,
complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another
inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or
designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion, shall
establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall fmish 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 the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if
any, for such Work or portion thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such
partial occupancy or use may commence whether or pot 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 Construction Manager 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, ifno agreement is reached, by decision of the Architect after consultation with the Construction Manager.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect
shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition
of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of the Contract Documents.
9.10 Final Completion and Final Payment
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9. I 0.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the
Work is ready for fmal inspection and acceptance and shall also forward to the Construction Manager a fmal Contractor's
Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect
who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager,
finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and.
Architect will promptly issue a fmal Certificate for Payment stating that to the best of their knowledge, information and belief,
and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions
of the Contract Documents and that the entire balance found to be due the Contractor and noted in said fmal Certificate is due
and payable. The Construction Manager's and Architect's final Certificate 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 fmal payment nor any remaining retained percentage shall become due until the Contractor submits to the
Architect through the Construction Manager (I) 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 fmal payments 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, ifany, to fmal 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, to the extent and in such form as may be designated by the Owner, if a Subcontractor refuses to furnish a
release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner
against such lien.
9.10.3 If, after Substantial Completion of the Work, fmal completion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting fmal completion, and the Construction Manager and Architect so
confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect,
and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed or
corrected is less than retainage stipulated in the Contract Documents, and if bond have been furnished, the written consent of
surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Architect through the Construction Manger prior to certification of such payment. Such payment shall be
made under terms and conditions governing fmal payment, except that it shall not constitute a waiver of Claims by the Owner
as provided in Subparagraph 4.7.5.
9.10.4 Acceptance offmal 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 fmal
Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Any requirement of this Article 9 that the Contractor furnish proof to the Owner, Architect or Construction Manager
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. I 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 the
Construction Manager for review and coordination with the safety programs of other Contractors.
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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, Construction Manager 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 fmal determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos
or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a
material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition,
immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in
writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in
Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of
the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to
verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to
perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or
safe containment of such material or substance. The Contractor, the Construction Manager and the Architect 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, Construction Manager or Architect has an objection to a person or entity proposed by the
Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no
reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent
damage, injury or loss to:
.I 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 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 ofthem~ or by anyone for whose acts any of them may be liable,
7/31/01
General Conditions of the Contract for Construction
00750-23
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, Construction Manager 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 ofan 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 materia\), the
Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this
Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by
the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the
attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of
personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified
below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of
the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform
assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to
provide satisfactory evidence.
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.
ILIA The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the
required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by
this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from
any liability or obligation assumed under this contract or imposed by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional
Insured" on all policies, except for Worker's Compensation.
7/31/01
General Conditions of the Contract for Construction
00750-24
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 ofInsurance Requirements" and approved by the Monroe County's Risk Manager.
11.2 Throughout the term of the Contract, the Contractor shall purchase and maintain Builder's Risk Insurance on All
Risk Loss Form. Coverage shall include: Theft, Windstorm, Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles,
Smoke, Fire, Collapse and Floods. The policy limits shall be no less than the amount of the fmished project and coverage
shall be provided on a completed value basis. The completed value is defmed as all material, labor, supplies, and equipment
intended to be incorporated in and to become a permanent part of the completed facility. The facility as defmed for this
paragraph includes structures as defmed in the contract drawings and specifications. Property located on the construction
premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy
shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage.
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 in
this section 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 the Construction Manager's or Architect's request or to requirements
specifically expressed in the Contract Documents, it must, ifrequired in writing by either, be uncovered for their observation
and be replaced at the Contractor's expense without change in the Contract Time.
12.1.2 Ifa portion of the Work has been covered which the Construction Manager or Architect has not specifically
requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it
shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and
replacement shall, by appropriate Change Order, be charged to the Owner, ifsuch 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 the Construction Manager 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 the Construction Manager'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.
7/31/01
General Conditions of the Contract for Construction
00750-25
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 the Construction Manager, 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 the Construction Manager'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. Ifpayments then or thereafter due the contractor are
not sufficient to cover such amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially
completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other
obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as
described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor
to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
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 fmal 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 Construction Manager (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 Construction Manager.
13.3 Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the
firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving notice.
7/31/01
General Conditions of the Contract for Construction
00750-26
13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized
representative of the Contractor. The correspondence shall be directed to:
Mr. David S. Koppel, P.E.
Monroe County Engineer
5100 College Road
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
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.
13.4.2 No action or failure to act by the Owner, Construction Manager, 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 the Construction Manager and Architect timely notice of when and
where tests and inspections are to be made so the Construction Manager 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 the Construction Manager, Architect, Owner or public authorities having jurisdiction detennine that portions of the
Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Construction Manager
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
the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager
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 the Construction Manager'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 the Construction Manager for transmittal to the Architect.
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract
Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the nonnal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes.
7/31/01
General Conditions of the Contract for Construction
00750-27
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of
the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions
of the Work under contract with Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
.2 an act of government, such as a declaration of national emergency, making material unavailable;
.3 because the Construction Manager or Architect has not issued a certificate for Payment and has not notified the
Contractor of the reason for withholding certification as provided in Subparagraph 9.4.2, or because the Owner has
not made payment on a Certificate for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the
aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day
period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as
required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner,
Construction Manager and Architect, terminate the Contract and recover from the Owner payment.for Work executed and for
proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions of the Work under contract with the Contractor because the
Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters
important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner,
Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 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 ofa provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, 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 fmish the Work by whatever reasonable method the Owner may deem expedient.
7/31/01
General Conditions of the Contract for Construction
00750-28
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
14.2.4 [fthe unpaid balance of the Contract Sum exceeds costs offmishing the Work, including compensation for the
Construction manger'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 the Construction Manager, and this obligation for payment shall survive termination of the Contract.
14.3 Suspension by the Owner for Convenience
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or
in part for such period oftirne as the Owner may determine.
14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee.
END OF SECTION 00750
7/31/01
General Conditions of the Contract for Construction
00750-29
MONROE COUNTY
OFFICIAL RECORDS
FILE .1 2 5 6 04 a
BK'l 7 2 3 PG'2 3 7 9
a
MONROE COUNTY
COUSTRUCTION MANAGEMENT
AUG 3 1 2001
Lft. t/
RCD Sep 10 2001 12:07PM
DANNY L KOLHAGE, CLERK
The ProSure Group, Inc.
This is the front page of the performance/payment bond issued in compliance with Florida Statute
Chapter 255.05 (revision effective July 1, 1998)
Bond Number: 16922
Surety in which bond's written: Nova Casualty Company
Local Address: 180 Oak Street, Buffalo, NY 14203
Local Phone Number: (716) 856-3722
Contractor Name: TPE Structures, Inc.
Address: P.O. Box 2066, Key West, FL 33045
Phone: (305) 292-4111
Owner Name: Monroe County Board of County
Commissioners
Address: 5100 College Road, Stock Island, Key West,
FL 33040
Phone:
Obligee Name: Same as Owner
Address:
Phone:
Contract Number:
Project Description: Public Library, George Dolezal Branch
Project Address: Marathon, FL
Legal description of property: See Attached
This is the front page of the bond.
AU other pages are subsequent regardless of preprinted numbers.
(813) 243-1110
(813) 243-1109 fax
J.
7217 Benjamin Road
Tampa, Florida 33634
7',",~ '8~ 7"'~~ th S~ 'U.S. ..
Tampa. Raleigh-Durham. Atlanta
info@prosure.com
www.prosure.com
Bond No.: 16922
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312
FILE ~1 2 5 604 e
BKi 1 7 2 3 PGi 2 3 8 0
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
Contractor: TPE Structures, Inc.
Address: PO Box 2066
City: Key West
State: FI
Zip: 33045-
Owner:
Monroe County Board Of County Commissioners
Address: 5100 College Road, Stock Island
City: Key West State: FL
Zip: 33040-
Surety:
Address:
City:
Nova Casualty Company
180 Oak Street
Buffalo
State: NY
Zip: 14203-1610
Construction Contract
Date: 15-Aug-01
Amount: $95,102.00
Description
(Name
and
Public Library, George Dolezal Branch
1__.....:.......\.
u.s. Highway No.1, Marathon, FL
Bond
Date (Not earlier than construction Contract Date): 27 -Aug-01
Amount: $95,102.00
Modifications to this Bond 1) None 0 See Page 3
Contractor as Principal
Company:
(Corporate Seal)
Surety:
(Corporate Seal)
omp~anY"
Signature:
Name and Tltle: aV:B. Sh . -
Attorney-in-Fact, Florida Resident Agent
'>S;~~f,.i;e<, '", /~ ~__
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'\,... (A~i;lddit\onal,~natures appear on page 3)
."(FQR,(NF~MA TlON ONL V-Name, Address and Telephone)
AGENT or BROKER:
The ProSure Group, Inc. Phone: (813) 243-1110
7217 Benjamin Rd., Tampa, FL 33634
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Page 1 of 6
AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 2000
A312-1984
The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the
Owner for the perfonnance of the Construction Contract, which is incorporated herein by reference.
2 If the Contractor perfonns the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to
participate in conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract If the Owner, the Contractor
and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract. but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally tenninated the Contractor's right to complete the contract. Such Contractor
Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph
3.1: and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the tenns of the Construction Contract or
to a contractor selected to perform the Construction Contract in accordance with the tenns of the contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following
actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Contstruction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's
concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined. tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obli~ations under this
Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4,
and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the OWner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has tenninated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph
4.1. 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction
Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act
of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
perfonnance or non-performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract that are
unrelated to the Construction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated
obligation. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or
successors.
8 The Surety hereby waives notice of any charge, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the proviSions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be constructed as a statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable to the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to
or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perfonn or otherwise to comply with the
tenns of the Construction Contract.
12.4 Owner Default Failure to the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other tenns thereof.
Page 2 of 6
AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 2000
A312.1984
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MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
''The provisions and limitations of section 255.05 or section 713.23, Florida Statutes (1994 Supp.) whichever is applicable
as may be amended to the contract, are incorporated in this bond by reference.
A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days
after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice
that he or she intends to look to the bond for protection. A claimant who is not in privit with the contractor and who has not
received payment for his or her labor, materials, or supplies shall deliver to the contractor and to the surety written notice of
the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may
be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor,
services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant
or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site
available for use. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless
both notices have been given. An action, except for an action exlusively for recovery of retainage, must be instituted against
the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond
within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action exclusively
for recovery of retainage must be instituted against the contractor or the surety within 1 year after the performance of the
labor or completion of delivery of the materials or supplies, or within 90 days after the contractor's receipt of final payment
(or the payment estimate containing the owner's final reconciliation of quantities if no further payment is earned and due as a
result of deductive adjustments) by the contractor or surety, whichever comes last. A claimant may not waive in advance his
or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment
bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for
trial and appeal or for arbritration, in an amount to be determined by the court, which fee must be taxed as part of the
prevailing party's costs, as allowed in equitable actions.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
(Corporate Seal)
SURETY
(Corporate Seal)
Company:
TPE Structures, Inc.
Company:
Nova Casualty Company
Signature:
---------- --~._--- ----_._._~--
Name and Title:
Address:
Signature:
Name and Title:
Address:
Page 3 of 6
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Bond No.: 16922
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
Contractor: TPE Structures, Inc.
Address:
City:
PO Box 2066
Key West
State: FI
Zip: 33045-
Owner:
Address:
City:
Monroe County Board Of County Commissioners
5100 College Road, Stock Island
Key West State: FL
Zip: 33040-
Surety:
Address:
City:
Nova Casualty Company
180 Oak Street
Buffalo
State: NY
Zip: 14203-1610
Construction Contract
Contract Date: 15-Aug-01
Amount: $95,102.00
Description (Name and Public Library, George Dolezal Branch
Location):
U.S. Highway No.1, Marathon, FL
Bond
Date (Not earlier than construction Contract Date): 27 -Aug-O 1
Amount: $95,102.00
Modifications to this Bond 9( None See Page 6
Contractor as Principal
Company:
TPE Structur
(Corporate Seal)
Surety: (Corporate Seal)
Nova cas~al\tE Compan~
Signature: (2,
Name and Title: David B. S ck
Attorney-in-Fact, Florida Resident Agent
Signature:
Name a Title~~ C- JC~
~/~
(Any additional signatures appear on page 3)
(FOR INFORMATION ONL V-Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or
AGENT or BROKER: other party):
The ProSure Group, Inc.
7217 Benjamin Rd., Tampa, FL 33634
Phone: (813) 243-1110 Page 4 of 6
AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON. D.C. 2000
A312.1984
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The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executora, administrators, successors and assigns to the
Owner to pay for labor, materials and equipment fumished for use in the performance of the Construction Contract, which is incorporated herein
by reference.
2 With respect to the Owner, this obligation shall be null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who fumished labor,
material or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and
the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default
3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
.1 Have fumished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last
performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done Qr performed; and
.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of fumishing the above notice
any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described il) Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous
written notice fumished to the Contractor.
5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after the receipt of the claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, if any. under any Construction Performance Bond. By the Contractor furnishing and the Owner acceptil)g this Bond, they
agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the
Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subconlracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the
work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2 (Iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were
fumished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12 Notice to Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice
by Surety. the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on
the signature page.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom amd provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as
a statutory bond and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fumish labor,
materials or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the
terms "labor, materials or equipmenf' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used
in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the
Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor. materials
or equipment were furnished,
15.2 Construction Contract: The agreement between the Owner and Contractor identified on the signature page, including all Contract
Documents and changes thereto,
15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof.
Page 5 of 6
AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO' DECEMBER 1984 EO. . AlA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 2000
A312-1984
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MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
FILE '1 2 5 6048
BK.1723 PGt2385
"The provisions and limitations of section 255.05 or section 713.23, Florida Statutes (1994 Supp.) whichever is applicable
as may be amended to the contract, are incorporated in this bond by reference.
A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days
after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice
that he or she intends to look to the bond for protection. A claimant who is not in privit with the contractor and who has not
received payment for his or her labor, materials, or supplies shall deliver to the contractor and to the surety written notice of
the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may
be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor,
services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials ~y the claimant
or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last orn the job site
available for use. No action for the labor, materials, or supplies may be instituted against the contractor or thEll surety unless
both notices have been given. An action, except for an action exlusively for recovery of retainage, must be instituted against
the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond
within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An acti~n exclusively
for recovery of retainage must be instituted against the contractor or the surety within 1 year after the perform~nce of the
labor or completion of delivery of the materials or supplies, or within 90 days after the contractor's receipt of final payment
(or the payment estimate containing the owner's final reconciliation of quantities if no further payment is earned and due as a
result of deductive adjustments) by the contractor or surety, whichever comes last. A claimant may not waiv~ in advance his
or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment
bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or h~r attorney for
trial and appeal or for arbritration, in an amount to be determined by the court, which fee must be taxed as part of the
prevailing party's costs, as allowed in equitable actions.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
(Corporate Seal)
SURETY
(Corporate Seal)
Company:
TPE Structures, Inc.
Company:
Nova Casualty Company
Signature:
---------.-..-...-----------
Name and Title:
Address:
Signature:
Name and Title:
Address:
Page 6 of 6
FILE #1 2 5 6048
BK#1723 PG#2386
NOVA CASUALTY COMPANY
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Harsha Acharya. Secretary
..... . ,.
Norman F. Ernst. Presitlent
;;~f:t1tr:iober, l'~~~,~~r{~~r.a~~~e Nonn~'~;~~,i~~~f~~ting by me
duly sw6r'ri;diddeposeMd say: that he residesdihthe GouinyOf E:rie, State of New York; #1afhe istMtrPresident of NOVA
CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal
of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was :so affixed by order of
the Board ofRir~~~0~tSo~i~0~ratiofl~nd that h~Si9n!3dq!~..na~1fJ~r:et~~U.ke order'Ii>~iiiiii>....
~~~:o~~~6B~ft' ;:'(0',i~ a~:!>f
7- Kathleen A. Courtney
Notary Public, Erie Co., NY
My 9~n'Jp'!~19R~p'rr~.,I~~v~$~'~~4
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New Yofk Corpor~tton, authonzed to make thiS certificate, DO HEREBY CERTIFY that the foregoing attached Power of
Attorney remains In full force and has not been revoked; and furthermore that the Resolution. of ttle Board of Directors
set forth in the~owerof Attorn~XdislloYVdin force. ... i'
Signed~nd~~t~~~fh~CjtYPf'~4ffa!? Dated tti~
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H. Christopher Hoover. Treasurer
MONROE COUNTY
OFFICIAL RECORDS
This power is v~lid only if the.poyJer of attorney number P~':lted in the l.;Ipper.right hand corner appears in red. Photocopies. carbon copies or
other rep~ductlons are not binding on the company. InqUlnes concerning thiS power of attorney may be directed to the Bond Manager at the
Home Office of the Nova Casualty Company.