12/13/2000 Agreement
AlA Document A101/Cma
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULA TED SUM
1992 CONSTRUCTION MANAGER-ADVISER EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSUL TA TlON WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION
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
/2-#
made as of the _ !2
~ () . (In Words, indicate day, month and year.)
day of );> Uf;JV\ 15 ttLn the year of two-thousand
BETWEEN the Owner:
(Name and address)
Monroe County
5100 College Road
Key West, Florida 33040
and the Contractor:
(Name and address)
Seamark Construction
Post Office Box 501426
Marathon, Florida 33050
For the following Project:
(Include detailed description of project, location, address and scope)
Sombrero Beach Picnic Shelters
Marathon, Monroe County, Florida
The Architect is:
(Name and Address)
Monroe County Engineer's designee
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The Construction Manager is:
(Name and address)
Monroe County Engineer
The Owner and Contractor agree as set forth below.
Copyright 1975m 1980@ 1992 by the American Institute of Architects. 1735 New York Avenue, NoW., 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 A101/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA* .@1992-THE AMERICAN 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 1
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 WOrle, if not stated elsewhere in the Contrect Documents.)
60 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 TWENTY-FIVE THOUSAND TWO HUNDRED FIFTY AND NO/100
Dollars ($25.250.00), subject to additions and deductions as provided in 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 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 altemates 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 Documehts.
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 ImLPercent
(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 A101/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIAoo@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NoW. 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 ofthe General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments
to Ninetv percent (90%) of the Contract Sum, less such amounts as the 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 A101/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AlA. .@1992-THE AMERICAN 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 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 interast agreed upon, if any)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer cradit laws and other regulations at the
Owner's and Contractor's principal places of business, the location of the Project and elsewhera may affect the validity of this provision. Legal
advice should be obtained with raspect to deletions or modifications, and also regarding raquiraments such as written disclosuras or waivers.)
7.3 Temporary facilities and services:
(Hera 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, 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 , 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 A101/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 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
Date
Pages
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
reement is entered into as of the day and year first written above and is executed in at least four
ies of which one is to be delivered to the Contractor, one each to the Construction Manager
for use in the administration of the Contract, and the remainder to the Owner.
~OA OF COUNTY COMMISSIONERS
OF ONROE COUNTY, FLORIDA
y L\r-e ~~d
QYOr/Chairman
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,
Date
Date
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CONTRACTOR "AT!,
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(. gnature)
Je.}JJ I BENJ../t=T-r ,. P(Lf:.SIPtfHr
(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
SECTION 00110
PROPOSAL FORM
BID TO:
BID FROM:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
PUBUC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
SEAMARK CONSTRUCTION COMPANY, INC.
r.o. BOX .:>U14:lb
MARATHON, FL. jjU':>U-14:lb
The undersigned, having carefully examined the Work and reference' Drawings, Specifications,"
Proposal, and Addenda thereto and other Contract Documents for the construction of:
SOMBRERO BEACH PICNIC SHELTERS
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and' all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Oocuments including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful bidder shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
TWENTY FIVE THOUSAND TWO HUNDRED & FIFTY (25,250.00)
(Total Base Bid - words)
dollars.
AOD A1temate #1 - One Picnic Shelter
TWELVE THOUSAND AND NI~ETY-SIX
02,096.00)
dollars.
I acknowledge receipt of Addenda No.(s)
1 & 2
10/25/00
BID PROPOSAL
00110 - 2
.... ~a .
,:0-
I have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form~. the
required Bid Security-X...-. the Non-Collusion Affidavit~ and the Lobbying and Conflict of
Interest Clause~. In addition. I have included a certified copy of Contractor's License.
(Check mark Items above. as a reminder that they are Included.'
Mailing Address:
SEAMARK CONSTRUCTION COMPANY, INC.
P.O. BOX 501426
MARATHON, FLORIDA 33050-1426
Phone Number:
(305) 743-4767
Date: -!1d ~ -v\o 0
Signed:
Ie 6~
· (3'
/CGJJJI ~CEflrI~ij
(Name) .
fa Gt,/P6-/ r-
(Title)
Witness:
~-YL,~
(Seal)
10/25/00
BID PROPOSAL
00110 - 3
. ,~
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SECTION 00110
NON-COLLUSION AFFIDAVIT
I, KENJI BENNETT of the city MARATHON
according to law on my oath, and under penalty of perjury, depose and say that:
1. lam KENJI BENNETT, PRESIDENT
of the firm of
SEAMARK CONSTRUCTION COMPANK, INC.
the bidder making the Proposal for the project desaibed in the notice for calling for bids for:
SOMBRERO BEACH PICNIC SHELTERS
and that I executed the said proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted In thIs bid have not been
knowingly disdosed by the bidder and will not knowingly be disdosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit. or not to submit, a bid for the purpose of restricting competition;
5. the statements contained In this affidavit are true and correct. and made with full knowledge that
Monroe County relies upon the truth of the statements contained In this affidavit in awarding
contracts for said project.
STATE OF:
COUNTY OF:
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/UOA/;UJc:.
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(Date) I I
PERSONALLY APPEARED BEFORE ME, the undersigned authority, KeNcr i BeAlIJt!:rr
who, after first being sworn by me, (name of Individual signing) affixed hlslher signature in the space provided above
on this ! )- day of j) ~ . 2~.
~'.... OennisMS. AP~ A.~
#~I'" IShop NOTARY PUBLIC
*. ,*""Y COmmiSSion CC876205
., . \:..:.'l Expires October 3 2003
My commiSSion expires: '
10/25/00
BID PROPOSAL
00110-5
---~
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SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
SEAMARK CONSTRUCTION COMPANY, INC.
(Company)
warrants that helit has not employed, retained or otherwise had ad on hislits behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1.990. For breach or violation of this provision the County may, in its discretion,
terminate thIs contrad without liability and may also, in its discretion, dedud from the contrad or purchase price, or
otherwise recover, the fun amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee-.
('~
Date: /'2- It V /01)
, I
STATE OF:
COUNTY OF:
~
PU~I PA-
rre1If1!J.OC
Subsaibed and sworn to (or affirmed) before me on
by k'~3'"" 1~6IVAJ';Tr
or has produced
identification)
/)6(;. /.... W f1 Q (date)
(name of affiant). He/She is personallv known to me
- as Identification. (type of
,; ~ DennII M BIItIOp .
* r-e-; *"" ComrniIIIcIn CC878205
~,/ Expires 0c:tlltIef 3. 2003
.,g""- Dennis M. .S'Sh. .C'(:
*.*""Y Com",':;:;1 >
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My commission expires:
10/25/00
BID PROPOSAL
00110 - 6
v"
1
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
SEAMA~ CONSTRUCTION'COMPANY, INC.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Infonn employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1). .
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5, Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
~
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Bidders Signature
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I 'Date
1 0/25/00
BID PROPOSAL
00110 - 7
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. STATE OF FLORIDA ACI S fa fa fa S CJ 6
. . DEPARTMENT OF BUSINESS AND
. , PROFESSIONAL ReGULATION
CD -C028919 06/20/200>> 99902291
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CERTIFIED "BUILDING CONTRACTOR
BENNErT.KEHJI. ... .....:?:
SEAMARK,CONSTRUCTION CO -IHe;
I IS CER T I F IE D under the provisions of Ch. It 89 FS.
&pmooDm: AU&31..2002
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JAN-:9-01 FRI 1:30 PM
P. 2
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:
Contmctor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver: /1--0- Ci'i~cJ-..,O- ~,,---,'V~Q ~. i
o ,/-c. 7:;;- ~ /J~
,
Signature or Co.Im.Ior: /~6~~q~r
APP;OV ~ Not Approved
Risk Management: (1 I t\.) ~'-L r~~d"-"'"
Date: ~ 0 (
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
01/19/01
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-1 3
FEB- 2-01 FRI 10:34 AM
o
MONROE COUNTY
PUBLIC WORKS DIVISION
FACSIMILE TRANSMISSION
DATE:
TO:
FAX NUMBER:
FROM:
TELEPHONE NUMBER:
FAX NUMBER: 305-295-4321
ADDRESS: 5100 COLLEGE ROAD
KEY WEST. FLORIDA 33040
dJ
REMARKS:
,... .. -.... ~~ ..
P. 1
FEB- 2-01 FRI 10:34 AM
P. 2
Sombrero Beach Picnic Shelters
Monroe County, Florida
ADDENDUM NO.1
November '1.7, 2000
The information contained in this Addendum modifies, supplements or replaces information in
the original Oeneral Specifications and is hereby made a part of the Contract Documents.
The following items are to be incorporated into the General Specifications:
Item No.1:
Insert Section 06100, Rough Carpentry, into Technical Specifications,
Item No.2:
Delete all reference to SEE EXHIBIT A, in Article 9, pp. 5 and 6 of the Fixed Price
Contract, Section 00500. .
Item No.3:
Any reference to correspondence for Stephen W. Piazza should be replaced by the
following: .
Berry Rikard
Monroe County Engineering Department
S 1 00 College Road, Stock Island
Key West, Florida 33040
Item No.4:
Bid due date extended to December 12,2000 at 3:00 P.M.
All other items remain as called for in the documents.
End of Addendum No.1.
~. ~
DeU~neer .
Monroe County Engineering Department
11/28/00
ADDENDUM NO. 1
Page I of I