05/17/2000 Contract
.-;
AlA Document A101/Cma
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a ST/PULA TED SUM
1992 CONSTRUCTION MANAGER-ADVISER EDITION
TH/S DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSUL TA T/ON WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MOD/FICA TlON
The 1992 Edition of AlA Document A201/Cma, General Conditions of the Contract for Construction, Construction Manager-
Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is
modified.
AGREEMENT
made as of the Seventeenth day of May in the year of two-thousand.
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County
5100 College Road
Key West, Florida 33040
and the Contractor:
(Name and address)
Tom Ryan, Inc. d.b.a. Ryan Construction Services
P.O. Box 555
Big Pine Key, FI 33043
For the following Project:
(Include detailed description of project, location, address and scope)
Marathon Clerk of Court Renovations
Addition to Clerk of the Court Office with renovations and covered walkway.
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The Construction Manager is:
(Name and address)
Stephen W. Piazza, NCARB
5100 College Road, Room 508
Key West, FI 33040
The Architect is:
(Name and Address)
Stephen W. Piazza, NCARB
5100 College Road, Room 508
Key West, FI 33040
The Owner and Contractor agree as set forth below.
Copyright 1975m 1980 @ 1992 by the American Institute of Architects. 1735 New York Avenue, N.W., Washington, D.C. 20006-5292.
Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AlA violates the copyright
laws of the United States and will subject the violator to legal prosecution.
AlA Document A 1 01/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006-52952-WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 I
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:
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 to permit the timely filing of mortgages, mechanic's liens and other
security interests.
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.)
140 Days from the date of the Notice to Proceed.
subject to adjustments of the Contract Time as provided by the Contract Document
(Insert provisions if any for liquidated damages relating to failure to complete on time>)
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract the Contract Sum of One Hundred Ninetv- Three Thousand Nine-Hundr~d Fiftv-five Dollars
($193,955.00), subject to additions and deductions as provided in the Contract Do<l:uments.
AlA Document A 1 01/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 20006-52952-WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 2
. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the
'Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent
to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
None
4.3 Unit prices, if any, are as follows:
None
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the 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:
N/A
5.3 Provided an Application for Payment is submitted to the Construction Manager not later than
the ~day of a month, the Owner shall make payment to the Contractor not later than the 21st 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 20 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 final determination of cost to the Owner of changes in the Work, amounts not in
dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions:
AlA Document A 1 01/Cma -OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 20006-52952-WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101/Cma-1992 3
'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 inserted in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such
reduction or limitations)
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner
to the Contractor when (1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the
General Conditions and to satisfy other requirements, if any, which necessarily survive final payment:
and (2) a final Project Certificate for Payment has been issued by the Construction Manager and
Architect: such final payment shall be made by the Owner not more than 30 days after the issuance of
the final Project Certificate for Payment, or as follows:
Not more than 20 days after the issuance of the final Project Certificate for Payment.
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.
AlA Document A 1 01/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006-52952-WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 4
. 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.
(Insert 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 affect 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:
(Here insert 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.)
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, exce~"'()r MO,difications issued after execution of this Agreement, are
enumerated as follows: .
.
9.1.1 The Agreement is this e~ecut(ft:l Standard Form of Agreement Between Owner and Contractor.
~ a .
9.1.2 The General Conditions' are the General Conditions of the Contract for Construction.
.
9.1.3 The Supplementary and other Gonditions of the Contract are those contained in the Project
Manual dated December,1999, and are as follows:
Document
Title
Pages
See Exhibit A
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
See Exhibit A.
AlA Document A 1 01/Cma.OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION.AIA*.@1992.THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 20006-52952.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 5
. 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
See Exhibit A
9.1.6 The Addenda, if any, are as follows:
Number
1
2
3
Date
4/11/00
4/14/00
4/28/00
Pages
13
1
3
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 part of the Contract Documents. The General Conditions provide that bidding
requirements such as advertisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are not part of the
contract Documents unless enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.)
Contractor's Bid Proposal
05/04/00
This Agreement is entered into as of the day and year first written above and is executed in at least
four original copies of which one is to be delivered to the Contractor, one each to the Construction
Manager and Architect for use in the ad . . tration of the Contract, and the remainder to the Owner.
~
;SL7-F~
(Signature) 5 - / 7 ~ 00
Contractor
1i\wh'\1\vI ~ , /
(Sign ure)
s~ 3\-00
S h j' r" Je.y Free.,rna..n
(Printed name and title)
;V1 ctyor / cha...irm a. Y)
SH-OJ-1AS LR vA ~
(Printed name and title)
AlA Document A 1 01/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006-52952-WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 6
Exhibit A
1. Bidding Documents
Section 00030
Section 00100
Section 00110
Section 00163
Section 00300
Section 00350
2. Contract Documents
Section 00500
Notice of Calling for Bids (pp. 1-2)
Instruction to Bidders (pp. 1-8)
Bid Proposal
Pre-Bid Substitutions (pp. 1-6)
Scope of Work (pp. 1)
Milestone Schedule/Liquidated Damages (pp. 1)
Contract Between Owner and Contractor (pp. 1-6)
3. Conditions of the Contract
Section 00750
Section 00800
Section 00850
Section 00900
Section 00970
Section 00980
General Conditions (pp. 1-26)
Supplementary General Conditions (p. 1-13)
Public Construction Bond (pp. 1-2)
Supplementary Insurance Documents (pp. 1-13)
Project Safety and Health Plan (pp. 1-4)
Contractor Quality Control Plan (pp. 1-6)
4. General Requirements
Section 01000
Section 01015
Section 01025
Section 01027
Section 01153
Section 01200
Section 01210
Section 01301
Section 01310
Section 01370
Section 01385
Section 01395
Section 01400
Section 01500
Section 01510
Section 01560
Section 01595
Section 01600
Section 01630
Section 01700
Section 01710
Section 01720
Special Conditions (pp. 1-2)
Contractor's Use of the Premises (pp. 1-2)
Measurement and Payment (pp. 1-5)
Application for Payment (pp. 1-10)
Change:.Order Procedure (pp. 1-4)
Pre-Construction Meetings (pp. 1-2)
Project Meetings (pp. 1-3)
Submittals (pp. 1-5)
Progress Schedules (pp. 1-3)
Schedule of Values (pp. 1-2)
Daily Construction Reports (pp. 1-4)
Request for Information (pp. 1-3)
Environmental Protection (pp. 1-3)
Temporary Facilities (pp. 1-2)
Temporary Utilities (pp. 1-4)
Temporary Controls (pp. 1-2)
Construction Cleaning (pp. 1-2)
Material, Equipment and Product Handling (pp. 1-3)
Post-Bid Substitutions (pp. 1-6)
Contract Close-out (pp. 1-3)
Final Cleaning (pp. 1-2)
Project Record Documents
5. Technical Specifications
Section 02070
Section 0211 OA
Section 0211 0
Section 02200
Section 02210
Section 02220
Section 02230
Section 02260
Section 02510
Section 02521
Section 03000
Section 03100
Section 03200
Section 03250
Section 03300R
Section 03345
Section 03600
Section 04000
Section 04220
Section 05500
Section 061 00
Section 06200
Section 07225
Section 07525
Section 07600
Section 07920
Section 08100
Section 08520
Section 09110
Section 09200
Section 09260
Section 0951 0
Section 09660
Section 09680
Section 09901
Section 16010
Section 16100
Section 16130
Section 16143
Section 16515A
Section 16740
6. Drawings
Sheet No. 1
Sheet NO.2
Sheet NO.3
Selective Demolition (pp. 1-3)
Site Preparation
Clear & Grub
Earthwork (PP. 1-11)
Site Grading (pp. 1-2)
Excavation and Backfill (pp. 1-3)
Site Clearing (pp. 1-6)
Finish Grading (pp. 1-3)
Cutting & Patching (pp. 1-3)
Concrete Sidewalk (pp. 1-2)
Concrete (Sitework ) (pp. 1-8)
Concrete Formwork (pp. 1-3)
Concrete Reinforcement
Concrete Accessories (pp. 1-2)
Cast-in-Place Concrete (pp. 1-8)
Concrete Finishing (pp. 1-6)
Grout (pp. 1-2)
Unit Masonry (pp. 1-5)
Concrete Unit Masonry (pp. 1-6)
Metal Fabrications (pp. 1-13)
Rough Carpentry (pp. 1-4)
Finish Carpentry (pp. 1-4)
Roof Insulation for Wood Decks (pp. 1-4)
Modified Bituminous Roofing (pp. 1-6)
Flashing & Sheet Metal (pp. 1-6)
Caulking and Sealant (pp. 1-3)
Metal Doors and Frames (pp. 1-3)
Aluminum Windows (pp. 1-6)
Metal Stud System (pp. 1-3)
Stucco (pp. 1-3)
Gypsum Wallboard System (pp. 1-6)
Acoustal Ceilings (pp. 1-3)
Resilient Tile Flooring (pp. 1-4)
Carpeting (pp. 1-5)
Painting (pp. 1-9)
General Electrical Provisions (pp. 1-4)
Basic Electrical Materials and Methods (pp. 1)
Outlet Pull and Junction Boxes (pp. 1-2)
Wiring Devices (pp. 1-7)
Interior Lighting (pp. 1-4)
Telephone Systems
cover sheet
Site Plan & Data
Existing Floor, Demo &
12/08/99
12/1999
Sheet NO.4
Sheet No. 5
Sheet NO.6
Sheet No. 7
Reflected Ceiling Plan
Proposed Floor Plan & Sections
Foundation, Section & Notes
Roof Demolition & Framing Plan
West & South Elevations
12/31/99
12/31 /99
12/31/99
12/30/99
12/30/99
EXHIBIT B
INSURANCE REQUIREMENTS
GENERAL INSURANCE REQUIREMENTS
INSURANCE CHECKLIST
GENERAL LIABILITY
VEHICLE LIABILITY
WORKERS' COMPENSATION
BUILDER'S RISK
GL2
VL2
WC2
BR2
WAIVER OF INSURANCE REQUIREMENTS
REQUEST FOR WAIVER
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging
of personnel and material), the Contractor shall obtain, at hislher own expense, insurance
as specified in the attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Sub-
Contractors engaged by the Contractor. As an alternative the Contractor may require all
Subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(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
contract 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.
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 contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's
failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
Administration Instruction
#4709.3
10
1996 Edition
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.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all
policies covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
Administration Instruction
#4709.3
11
1996 Edition
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS'LIABILITY
WC1
WC2
WC3
WCUSLH
WCJA
X Workers' Compensation
Employers Liability
X Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
INSCKLST
Administration Instruction
#4709.3
4
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Damage
Products and Completed Operations
Personal Injury
.
.
Required Limits:
GLl
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
GL2
x
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
Administration Instruction
#4709.3
5
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehicles
Required Limits:
BR2 X
MVC
PR01
PR02
PR03
POLl
POL2
POL3
ED1
ED2
GK1
GK2
GK3
VL1
VL2
VL3
VL4
X
Administration Instruction
#4709.3
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$10,000,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
INSCKLST
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
6
1996 Edition
MEDl Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPl Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of Property
HKLI Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIRl Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOl Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$1 ,000,000 Agg.
AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg.
EOl Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg.
E03 $ 1,000,000 per Occurrence/$3,000,000 Agg.
INSCKLST
Administration Instruction
#4709.3
7
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 full
with all the requirements.
Bidder
Signature
INSCKLST
Administration Instruction
#4709.3
8
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT Marathon Clerk of Court Renovation
BETWEEN
MONROE COUNTY, FLORIDA
AND
Tom Rvan. Inc. dba Rvan Construction Services
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the AM.
Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details
on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the contractor may be required to submit updated financial statements from the fund upon
request from the County.
Administrative Instruction
#4709.2
WC2
WRK_COMP.DOC
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Marathon Clerk of Court Renovation
BETWEEN
MONROE COUNTY, FLORIDA
AND
Tom Rvan. Inc. dba Rvan Construction Services
Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum:
. Premises Operation
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following the
acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
Administrative Instruction
#4709.2
GL2
GEN_L1AB.DOC
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT Marathon Clerk of Court Renovation
BETWEEN
MONROE COUNTY, FLORIDA
AND
Tom Ryan. Inc. dba Ryan Construction Services
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements. .
Administrative Instruction
#4709.2
VL2
VEH-L1AB.DOC
1996 Edition
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form. Coverage shall include:
Theft
Windstorm
Hail
Explosion
Riot
Civil Commotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis.
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.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee.
BRl
Administration Instruction
#4709.3
42
1996 Edition
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest ofthe County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
proVISIOns.
Specifically excluded from this authorization is the right to waive:
. The County as being named as an Additional Insured - If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has been granted the authority to
waive this provision.
and
. The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirements form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision
making authority.
Administration Instruction
#4709.3
101
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
Administration Instruction
#4709.3
102
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Construction Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its
Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ccs
Administration Instruction
#4709.3
95
MONROE COUNTY
CONSTRUCTION MANAGEMENT
JUN 2 1 2
TIME: 2',-,
THE AMERICAN INSTITUTE OF ARCHITECTS RECEIVED BY:
Bond No: x08593
A IA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
Tom Ryan, Inc. d/b/a Ryan Construction Services
P.O. Box 555
Big Pine Key, Fl 33302
As Principal, hereinafter called Contractor, and
Preferred National Insurance Company
210 University Drive · Suite 900
CorAl Sprlnls, norldA 33071
as Surety, hereinafter called Surety, are held and firmly bound unto
Monroe County
5100 College Road
Key West, Fl 33040
(He,e insert full name and add,ess 0' legal title of Contractor)
(Here Insert fun name end address or legal tltle 01 Surety)
(Here Insert full name and address or legal Ii lie of Owner)
as Obligee, hereinafter called Owner. in the amount of
One IIundred Ninety Three Thousand Nine -HUndred Ninety Five
and 00/1'00 ~HHHH~
Dollars ( $ 193,995. 00 *~HHHH~),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents. Marathon Clerk of the Court Renovations
Addition to the Clerk of the Court Office
with Renovations & Covered Wa.lkway
WHEREAS,
Contractor has by written agreement dated
May 7th,
~209~ntered into a contract with Owner for
in accordan,e witb D1.awinszs 3[]d.SOPcifications prepared by
Stephen W. P laz:za 1fC"A.RB""
5100 College Road Rm 508 (Here insert full name and add,eu or legaltille of Architect)
Key West Fl 33040
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
1
NOW,T.HEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void: otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, a declared by Owner to
be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible
bidder, or, if the Owner elects, upon determination
by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between
such bidder and Owner, and make available as work
progresses (even though there should be a default or
a succession of defaults under the contract or contracts
Signed and sealed this
:l5th
/,1 V /)
~~~'I-~.
(Witness)
of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the balance
of the contract price; but not exceeding, including
other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mean the total
amount payable by Owner to Contractor under the
Contract and any amendments thereto, less the amount
properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors,
administrators or successors of the Owner.
day of
xU 2000
June
TOM RYAN
{
d/b/a RYAN CONSTRUCTION SERVICES
(Sea/)
Sf Dtw.
{
Natlonallnsu.anc.e Com any
(Witness) (Seal)
rrK~ torney In Fact &
Resident Agent
2
(305) 591-0090
THE AMERICAN INSTITUTE OF ARCHITECTS
MONROE COUNTY
CONSTRUCTION i1J'\ANAGEMENT
JUN 2 1 2000
TIME: Z~ ~
RECEIVED BY:
Bond No: x08593
A fA Document A311
Labor and Material Payment Bond
KNOW ALL MEN BY THESE PRESENTS: that
Tom Ryan, Inc. d/b/a Ryan Construction Services
P.O. Box 555
Big Pine Key, Fl 33302
As Principal, hereinafter called Principal, and
Preferred National Insurance Company
2 t 0 University Drive · Suite 900
Cor~1 Springs, florld~ 3307 t
as Surety, hereinafter called Surety, are held and firmly bound unto
Monroe COUll ty (Here insert full n~me ~nd ~ddress or legal title of Owner)
5100 College Road
Key West, Fl 33040
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of
One Hl,Uldred Ninety Three Thousand Nine Hundred Ninety Five and 00/1 00 -lHHHHd(.-l~_
tHere insert sum equal to ~tleist one-h~lf ortne contr~ct price) Dollars ( $193,995. 00 *-l~*** ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
(Here insert full n;une ~nd ~ddress or legallille of Conlractor)
(Here Insert tuD name and address or legal II tie of Surety)
WHEREAS,
Principal has by written agreement dated May 7th ~ 2?~Htered into a contract with Owner for
(Here insert full n~me ~nd ~ddress ~nd descrietion of projl!C.l)
Marathon Clerk of Court Renova~lons
Addition to Clerk of the Court Office with Renovations and Covered Walkway
'geJM?~ia1f; 't1~~:R'if~~.Mr~nd Specifications prepared by
5100 College Rd Rm 508 (Here insert full n~me ~nd ~ddreu or legal title of Nchitect)
Key West, Fl 33040
whIch contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
3
NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to
ilII claimants. as hereinafter defined, for all labor and material used or reasonably required for use in the performance of
the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1. A claimant is defined as one having a direct contract
with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or
reasonably required for use in the performance of the
Contrad, labor and material being construed to include
that part of water, gas, power, light, heat, oil gasoline,
telephone service or rental of equipment directly
applicable to the Contrad.
2. The above named Principal and Surety hereby jointly
and severally agree with the Owner that every claimant
as herein defined, who has not been paid in full before
the expiration of a period of ninety (90) days after the
date on which the last of such claimant's work or labor
was done or performed, or materials were furnished
by such claimant, may sue on this bond for the use
of such claimant, prosecute the suit to final judgment
for such sum or sums as may be justly due claimant,
and have execution thereon. The Owner shall not be
liable for the payment of any costs or expenses of
any such suit.
3. No su it or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal,
the Owner, or the Surety above named, within
ninety (90) days after such claimant did or
performed the last of the work or labor, or
furnished the last of the materials for which said
claim is made, stating with substantial accuracy
the amount claimed and the name of the party to
Signed and sealed this
15th
,~ XI1'{r.
(Witness) .
whom the materials were furnished, or for whom
the work or labor was done or performed. Such
notice shall be served by mailing the same by
registered mail or certified mail, postage prepaid,
in an envelope addressed to the Principal, Owner
or Surety, at any place where an office is regularly
maintained for the transaction of business, or
served in any manner in which legal process may
be served in the state in which the aforesaid projed
is located, save that such service need not be
made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said
Contract, it being understood, however, that if
any limitation embodied in this bond is prohibited
by any law controlling the construction hereof
such limitation shall be deemed to be amended so
as to be equal to the minimum period of limitation
permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision
ofthe state in which the Project, or any part thereof,
is situated, or in the United State District Court
for the district in which the Project, or any part
thereof, is situated, and not elsewhere.
4. The amount of the bound shall be reduced by and to
the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety
of mechanics'liens which may be tiled of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bound.
day of
June
~ 2000
INC~ d/b/a RYAN CONSTRUCTION SERVICES
(Witness)
(Seal)
{
y
(Seal)
(Witness)
(Title) Attorney In Fact &
Resident Agent
(05) 591-0090
4
MONROE COUNTY
CONSTRUCTION MANAGEMENT
ny JUN 21 20
TIME: ~'t
RECEIVED BY:
~nIIfu !Jl c#R~n ~\! m4tS~ JttS~nfi; That Preferred National Insurance Company, a corporation of the State of Florida, by
John K. Latham, President, and Dennis B. Wills, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By-Laws of said Company,
which reads as follows:
Preferred National Insurance Comp
Coral Springs, florida
POWER OF ATTORNEY
ARTICLE XI, SECTION 1 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attomeys-In-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE XI, SECTION 2 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,
and such signature and seal when so used shall have the same force and effect as though manually fixed.
Does hereby nominate, constitute and appoint
Franklin E. Wheeler, Michael Bonet, Davor I. Mimica and John Harrold
its true and lawful attomey, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and
contracts of suretyship in the amount not to exceed:
One Million Dollars ($1,000,000)
Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Coral Springs, Aorida, in their own proper persons.
The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and is now in force.
\\"""1""1',,
IN WITNESS WHEREOF, the said President and secreta!Y''A.~.r~~~,~ribed their names and affixed the Corporation Seal of the said
Preferred National Insurance Company, this 1st day of AuguY~h\' OR" .....~ "'=:..,.
$ 'q'... o'P 4/'....~..... ~
:~...0 ~.. ()~
ATTES~ . J1 I~~ (,~, ~~L p:wtd~Nationallnsuran~om~pai:. 'U'" _ 1
~ I:;' Wi- \~;"'.~iOR\O~.S~,~l ~ _ ~
Secretary "",,~~................~<:.,""" President
"1, c:/ * " \,,\\:
STATE OF FLORIDA ) ss: """"""'"''''''''
CITY OF CORAL SPRINGS )
On this 1st day of August, A.D., 1998, before the subscriber, a Notary Public of the State of Aorida, duly commissioned and qualified, came the above
named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and
who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for
himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding Instrument is the Corporate
Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above
written.
'6\ WENOY AOO.$ON
.:;;ar.:
UbtfJll{b~e.u'-- -
CERTIFICATE
I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attomey of which the foregoing is a
full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power
of Attomey was specially authorized by the Board of Directors to appoint any Attomey-In-Fact as provided in Article XI, Section 1 & 2 of the By-Laws of
the Preferred National Insurance Company. ,",",,''',,,,,,,,
"" L, " ".,
This Certificate ma~ be signed by facsimile under and by a~~,~'fol~~lution of the Board of Directors of Preferred National Insurance
Company at a meeting duly called and held on the 1 st day cf~l:.IS~!1i)A -<1 .......-? "\
?~.....vO ~....-t- ~
Resolved, Article XI, Section 2, 'hat the facsimile or mec~lIy r~ signa~!>f any Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of an~Am'i.er of itrf~ued bt;lt!t Company, shall be valid and binding upon the Company with
the same force and effect as though manually affixed" ~ c:. \. 1 9 8 8 ./ 0 J
\~"'" ,I;- ~.""~ f
IN TES~MONY WHEREOF, I have hereunto subscribed ~~~,.~
........ ........~.~.... ..... ............ ....... .... XI:.X...2.0.0Q.. """"'.'I",~ * ~,\\\\,,\''''''''
'If'III..I'''
rate Seal of the said Company, this.......15.th.......... day of
PNI.PA-101 (8198)
/1t1;a