10/18/1995 Agreement
Jlannp 1.. ltolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMQRANQYM
TO:
Dent Pierce, Director
Division of Public Works
FROM:
Isabel C. Desantis, Deputy Clerk~.~.8.
November 7, 1995
DATE:
As you know, at the Board meeting of October 18, 1995, the Board
grante~d approval and authorized execution of a Contract between
Monroe County and D.L. Porter construction, Inc., for the
Islamorada/Marathon Library construction contract at a total cost
of $310,189.
Attached hereto is a fUlly-executed duplicate original of the
above document for return to the Contractor.
Should you have any questions concerning the above, please do not
hesitate to contact me.
cc: County Attorney
County Administrator w/o document
Risk Management w/o document
Finance Director
~~ile
()IlIGDlA t.
SECTION 00500
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is made by and between Monroe County, 5100 College Road,
Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner") and D.L. PORTER
CONSTRUCTION, INC. (hereinafter referred to as "contractor") for construction of
ISLAMORADAlMARATHON LlBRARY RENOVATIONS, the specifications and architectural
and engineeriing drawings for which are attached and incorporated into this contract as
Exhibit A (hereinafter referred to as the "Project"), the owner and the contractor hereby
agreeing as flJllows:
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ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
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1.1 The C:ontract -;~~
1.1.1 The clJntract between the owner and the contractor, of which this agreement is a j1rt, Ie,;
consists of the contract documents. It shall be effective on the date this agreement is exe.,.g.uted 35
by the last party to execute it. -' CJ
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1.2 The C:ontract Documents
1.2.1 The c10ntract documents consist of this agreement, the specifications, the drawings, all
change orders, any addenda and field orders issued hereafter, any other amendments hereto
executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents
not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this
contract.
1.3 Entiru Agreement
1.3.1 This contract, together with the contractor's public construction bond for the Project,
constitute the! entire and exclusive agreement between the owner and the contractor with
reference to the Project. Specifically, but without limitation, this contract supersedes any bid
documents and all prior written or oral communications, representations and negotiations, if
any, between the owner and contractor.
1.4 No Pl'ivity with Others
1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any
other contractual agreement between the owner and any person or entity other than the
contractor.
1.5 Intent and Interpretation
1.5.1 The intent of this contract is to require complete, correct and timely execution of the
work. Any work that may be required, implied or inferred by the contract documents, or any
one or more of them, as necessary to produce the intended result shall be provided by the
contractor for the contract price.
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1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally
consistent. VVhat is required by anyone contract document shall be considered as required by
the county cClmmissioners.
1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or
construed, first, as defined herein, second, if not defined, according to its generally accepted
meaning in the construction industry; and third, if there is no generally accepted meaning in the
construction iindustry, according to its common and customary usage.
1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed
to be followed by the phrase, "without limitation. II
1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or
condition as Gonstituting a material breach of this contract shall not imply that any other,
nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to
constitute a material breach of this contract.
1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and
plural forms, unless the context of their usage clearly requires a contrary meaning.
1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of
the contract documents, the shop drawings and the product data and shall give written notice to
the owner of any inconsistency, ambiguity, error or omission which the contractor may discover
with respect ito these documents before proceeding with the affected work. The issuance, or
the express or implied approval by the owner or the architect of the contract documents, shop
drawings or product data shall not relieve the contractor of the continuing duties imposed
hereby, nor s;hall any such approval be evidence of the contractor's compliance with this
contract. Thl~ owner has requested the architect to only prepare documents for the project,
including the drawings and specifications for the project, which are accurate, adequate,
consistent, cl)ordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO
REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE
CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor
acknowledge!s and represents that it has received, reviewed and carefully examined such
documents, has found them to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction and that the contractor has not, does not, and will not rely upon any
representatic'n or warranties by the owner concerning such contract documents as no such
representatic'n or warranties have been or are hereby made.
1.5.8 As be!tween numbers and scaled measurements on the drawings and in the design, the
numbers shall govern; as between larger scale and smaller scale drawings, the larger scale
shall govern.
1.5.9 Neithi~r the organization of any of the contract document into divisions, sections,
paragraphs, ;articles (or other categories), nor the organization or arrangement of the design,
shall control the contractor in dividing the work or in establishing the extent or scope of the work
to be performed by subcontractors.
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1.6 Ownership of Contract Documents
1.6.1 The c10ntract documents, and each of them, shall remain the property of the owner. The
contractor shall have the right to keep one record set of the contract documents upon
completion of the project; provided, however, that in no event shall contractor use, or permit to
be used, any or all of such contract documents on other projects without the owner's prior
written authorization.
ARTICLE II
THE WORK
2.1 The contractor shall perform all of the work required, implied or reasonably inferable
from, this contract.
2.2 The tE~rm "work" shall mean whatever is done by or required of the contractor to perform
and completE~ its duties under this contract, including the following: construction of the whole or
a designated part of the project; furnishing of any required surety bonds and insurance; and the
provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures,
appliances, f.:lcilities, tools, transportation, storage, power, the payment of any applicable sales
and use taxes; royalties and product license fees; permits and licenses required of the
contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work
to be performed by the contractor is generally described as follows: renovations/additions to
Marathon and Islamorada Libraries.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The contractor shall commence the work on October 30, 1995, and shall achieve
substantial completion of the work no later than October 30, 1997. The number of calendar
days from thl! date on which the work is permitted to proceed, through the date set forth for
substantial cl:>mpletion, shall constitute the "contract time."
3.1.2 The contractor shall pay the owner a sum equal to the amount of dollars as computed in
Section 0035iO-1 "Liquidated Damages" of the Specifications per day for each and every
calendar day of unexcused delay in achieving substantial completion beyond the date set forth
herein for substantial completion of the work. Any sums due and payable hereunder by the
contractor shall be payable, not as a penalty, but as liquidated damages representing an
estimate of delay damages likely to be sustained by the owner, estimated at or before the time
of executing this contract. When the owner reasonably believes that substantial completion will
be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any
amounts othl!rwise due the contractor an amount then believed by the owner to be adequate to
recover liquidated damages applicable to such delays. If and when the contractor overcomes
the delay in achieving substantial completion, or any part thereof, for which the owner has
withheld payment, the owner shall promptly release to the contractor those funds withheld, but
no longer applicable, as liquidated damages.
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3.2 Substantial Completion
3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the
work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial
use or occupancy of the work and can utilize the work for its intended purpose. The date of
substantial c1ompletion is the date set forth by the Construction Manager on the substantial
completion fmm.
3.3 Time is of the Essence
3.3.1 All limitation of time set forth in the contract documents are of the essence of this
contract.
ARTICLE IV
CONTRACT PRICE
4.1 The Contract Price
4.1.1 The clwner shall pay, and the contractor shall accept, as full and complete payment for
all of the work required herein, the fixed sum of $310,189.00. The sum set forth in this
paragraph 4.1 shall constitute the contract price which shall not be modified except by change
order as provided in this contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to
the owner and to the architect a schedule of values allocating the contract price to the various
portions of the work. The contractor's schedule of values shall be prepared in such form, with
such detail, cmd supported by such data as the architect or owner may require to substantiate
its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any
element thereof. The violation of this provision by the contractor shall constitute a material
breach of this contract. The schedule of values shall be used only as a basis for the
contractor's iCipplications for payment and shall only constitute such basis after it has been
acknowledgE!d in writing by the architect and the owner.
5.2 Payment Procedure
5.2.1 The ()wner shall pay the contract price to the contractor as provided below.
5.2.2 Progress Payments-Based upon the contractor's applications for payment submitted to
the architect and upon certificates for payment subsequently issued to the owner by the
architect, the! owner shall make progress payments to the contractor on account of the contract
price.
5.2.3 On Olr before the 25th day of each month after commencement of the work, the
contractor shall submit an application for payment for the period ending the 25th day of the
month to the architect in such form and manner, and with such supporting data and content, as
the owner or the architect may require. Therein, the contractor may request payment for ninety
percent (90%) of that portion of the contract price properly allocable to contract requirements
properly provided, labor, materials and equipment properly incorporated in the work plus ninety
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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percent (90%) of that portion of the contract price properly allocable to materials or equipment
properly stored onsite (or elsewhere if approved in advance in writing by the owner) for
subsequent incorporation in the work, less the total amount of previous payments received from
the owner. Payment for stored materials and equipment shall be conditioned upon the
contractor's proof satisfactory to the owner, that the owner has title to such materials and
equipment and shall include proof of required insurance. Such application for payment shall be
signed by the contractor and shall constitute the contractor's representation that the work has
progressed to the level for which payment is requested in accordance with the schedule of
values, that the work has been properly installed or performed in full accordance with this
contract, and that the contractor knows of no reason why payment should not be made as
requested. Thereafter, the architect will review the application for payment and may also
review the work at the project site or elsewhere to determine whether the quantity and quality of
the work is ciS represented in the application for payment and is as required by this contract.
The architec:t shall determine and certify to the owner the amount properly owing to the
contractor. The owner shall make partial payments on account of the contract price to the
contractor within twenty (20) days following the architect's receipt of each application for
payment. The amount of each partial payment shall be the amount certified for payment by the
architect less such amounts, if any, otherwise owing by the contractor to the owner or which the
owner shall have the right to withhold as authorized by this contract. The architect's
certification of the contractor's application for payment shall not preclude the owner from the
exercise of any of its rights as set forth in paragraph 5.3 hereinbelow.
5.2.4 The I:ontractor warrants that all payments to subcontractors have been made as
certified on the application for payment and that title to all work covered by an application for
payment willi 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 payments have
been received from the owner shall be free and clear of liens, claims, security interest or other
encumbranc:es in favor of the contractor or any other person or entity whatsoever.
5.2.5 The l::ontractor shall promptly pay each subcontractor, out of the amount paid to the
contractor on account of such subcontractor's work, the amount to which such subcontractor is
entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor
may only seek payment from the contractor's public construction bond surety. In no event is
the owner obligated to pay any subcontractor an amount owed to it by the contractor.
Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor
and its subclDntractors.
5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be
interpreted tlD constitute an acceptance of any work not in strict accordance with this contract.
5.3 Withheld Payment
5.3.1 The <)wner may decline to make payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts previously paid to the contractor, to protect the
owner from 'Ioss because of:
(a) defective work not remedied by the contractor nor, in the opinion of the owner,
likely to be n3medied by the contractor;
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(b)
claims of third parties against the owner or the owner's property;
(c)
fashion;
failure by the contractor to pay subcontractors or others in a prompt and proper
(d) evidence that the balance of the work cannot be completed in accordance with
the contract for the unpaid balance of the contract price;
(e) evidence that the work will not be completed in the time required for substantial
or final completion;
(f) persistent failure to carry out the work in accordance with the contract;
(g) damage to the owner or a third party to whom the owner is, or may be, liable.
In thE~ event that the owner makes written demand upon the contractor for amounts
previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall
promptly comply with such demand.
5.4 Unell:cused Failure to Pay
5.4.1 If within twenty (20) days after the date established herein for payment to the contractor
by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any
amount then due and payable to the contractor, then the contractor may after seven (7)
additional daiYs' written notice to the owner and the architect, and without prejudice to any other
available rights or remedies it may have, stop the work until payment of those amounts due
from the owner have been received.
5.5 Substantial Completion
5.5.1 When the contractor believes that the work is substantially complete, the contractor shall
submit written notice that the project is ready for substantial completion inspection. The
architect, on the basis of contractor's notice, shall determine that the work is in fact substantially
complete, and report findings to the Construction Manager. The Construction Manager will
prepare a certificate of substantial completion which shall establish the date of substantial
completion, l;hall state the responsibilities of the contractor for project security, maintenance,
heat, utilities, damage to the work, and insurance, and shall fix the time within which the
contractor shall complete the items listed therein. The certificate of substantial completion shall
be submitted to the contractor for written acceptance of the responsibilities assigned to them in
such certificclte. Upon substantial completion of the work and execution by both the owner and
the contractclr of the certificate of substantial completion, the owner shall pay the contractor an
amount sufficient to increase total payments to the contractor to one hundred percent (100%) of
the contract price less five percent (5%) retention and less three hundred percent (300%) of the
reasonable cost as determined by the owner and the architect for completing all incomplete
work, correcting and bringing into conformance all defective and nonconforming work, and
handling all unsettled claims. The certificate of substantial completion shall not -be signed by
the Construction Manager unless accompanied by a signed certificate of occupancy from all
governing authorities.
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5.6 Completion and Final Payment
5.6.1 Whl~n all of the work is finally complete and the contractor is ready for a final inspection,
it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make
final inspection of the work and, if work is complete in full accordance with this contract and this
contract has been fully performed, the architect will promptly issue a final certificate for payment
certifying to the owner that the project is complete and the contractor is entitled to the
remainder ()f the unpaid contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the date of final completion of the
work. If the! architect is unable to issue its final certificate for payment and is required to repeat
its final inspect of the work, the contractor shall bear the cost of such repeat final inspection(s)
which cost may be deducted by the owner from the contractor's final payment.
5.6.1.1 If thle contractor fails to achieve final completion within the time fixed therefor by the
architect in its certificate of substantial completion, the contractor shall pay the owner the sum
of $200.00 per day for the first 15 calendar days, $500.00 per day for the second 15 calendar
days, and $2,000.00 per day for the 31st calendar day and thereafter of unexcused delay in
achieving final completion beyond the date set forth herein for final completion of the work. Any
sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as
liquidated damages representing an estimate of delay damages likely to be sustained by the
owner, estimated at or before the time of executing this contract. When the owner reasonably
believes thi:lt final completion will be inexcusably delayed, the owner shall be entitled, but not
required, to withhold from any amounts otherwise due the contractor an amount then believed
by the ownelr to be adequate to recover liquidated damages applicable to such delays. If and
when the ccmtractor overcomes the delay in achieving final completion, or any part thereof, for
which the owner has withheld payment, the owner shall promptly release to the contractor those
funds withh4~ld, but no longer applicable, as liquidated damages.
5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the
architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities
connected with the work for which the owner, or the owner's property might be responsible,
have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors
of the contrcictor and of any and all parties required by the architect or the owner; and the
consent of surety to final payment. The affidavits, releases and waivers required from
subcontractors and materialmen are for the administrative convenience of the owner only.
They do not create an obligation on the part of the owner to assure that any subcontractor or
materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the
contractor's public construction bond surety.
5.6.3 The !Owner shall make final payment of all sums due the contractor per Section 01027 of
the Technical Specifications Project Manual.
5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the owner by
the contractc:>r except for those claims previously made in writing against the owner by the
contractor, pending at the time of final payment, and identified in writing by the contractor as
unsettled at the time of its request for final payment.
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ARTICLE VI
THE OWNER
6.1 Information and Services Required from Owner
6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and
all written and tangible material in its possession concerning conditions below ground at the site
of the project Such written and tangible material is furnished to the contractor only in order to
make complete disclosure of such material and for no other purpose. By furnishing such
material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in
part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also
furnish survE~YS, legal limitations and utility locations (if known), and a legal description of the
project site.
6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall
obtain all approvals, easements, and the like required for construction and shall pay for
necessary assessments and charges required for construction, use or occupancy of permanent
structures or for permanent changes in existing facilities.
6.1.3 The owner shall furnish the contractor, free of charge, eight (8) copies of the contract
documents for execution of the work. The contractor will be charged, and shall pay the owner,
$0.00 per additional set of contract documents which it may require.
6.2 Right to Stop Work
6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this
contract, the owner may order the contractor to stop the work, or any described portion thereof,
until the cau!se for stoppage has been corrected, no longer exists, or the owner orders that work
be resumed, in such event, the contractor shall immediately obey such order.
6.3 Owner's Right to Perform Work
6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor
fails within three (3) days of such stoppage to provide adequate assurance to the owner that
the cause of such stoppage will be eliminated or corrected, then the owner may, without
prejudice to ;:my other rights or remedies the owner may have against the contractor, proceed
to carry out the subject work. In such a situation, an appropriate change order shall be issued
deducting frclm the contract price the cost of correcting the subject deficiencies, plus
compensation for the architect's additional services and expenses necessitated thereby, if any.
If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the
contractor shall pay the difference to the owner.
ARTICLE VII
THE CONTRACTOR
7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7.
The contractl:>r shall perform no part of the work at any time without adequate contract
documents or, as appropriate, approved shop drawings, product data or samples for such
portion of the~ work. If the contractor performs any of the work knowing it involves a recognized
error, inconsistency or omission in the contract documents without such notice to the architect,
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the contractl:>r shall bear responsibility for such performance and shall bear the cost of
correction.
7.2 The contractor shall perform the work strictly in accordance with this contract.
7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort
and attention. The contractor shall be responsible to the owner for any and all acts or
omissions of the contractor, its employees and others engaged in the work on behalf of the
contractor.
7.4 War..anty
7.4.1 The contractor warrants to the owner that all labor furnished to progress the work under
this contract will be competent to perform the tasks undertaken, that the product of such labor
will yield only first-class results, that materials and equipment furnished will be of good quality
and new unless otherwise permitted by this contract, and that the work will be of good quality,
free from faults and defects and in strict conformance with this contract. All work not
conforming to these requirements may be considered defective.
7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses
necessary and ordinary for the work. The contractor shall secure and pay for all permits,
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 cLlstomarily secured after execution of the contract and which are legally required at
the time bid!; are received. The owner will not assess any County permit or County impact fees
for the building permit issued by the County Building Department. The contractor is responsible
for permit and impact fees issued by City Building Departments and any jurisdiction other than
the County ()f Monroe. The contractor shall comply with all lawful requirements applicable to
the work and shall give and maintain any and all notices required by applicable law pertaining to
the work.
7.6 SUpEtrvision
7.6.1 The c:::ontractor shall employ and maintain at the project site only competent supervisory
personnel. Absent written instruction from the contractor to the contrary, the superintendent
shall be deemed the contractor's authorized representative at the site and shall be authorized to
receive and accept any and all communications from the owner or the architect.
7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows:
Name
TO BE NAMED
Function
So long as the individuals named above remain actively employed or retained by the contractor,
they shall peirform the functions indicated next to their names unless the owner agrees to the
contrary in writing. In the event one or more individuals not listed above subsequently assumes
one or more of those functions listed above, the contractor shall be bound by the provisions of
this subparagraph 7.6.2 as though such individuals had been listed above.
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7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the
owner and the architect for their information, the contractor's schedule for completing the work.
The contrac:tor's schedule shall be revised no less frequently than monthly (unless the parties
otherwise agree in writing) and shall be revised to reflect conditions encountered from time to
time and shall be related to the entire project. Each such revision shall be furnished to the
owner and the architect. Failure by the contractor to strictly comply with the provisions of this
paragraph i'. 7 shall constitute a material breach of this contract.
7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and
the architect, one record copy of this contract marked to record on a current basis changes,
selections and modifications made during construction. Additionally, the contractor shall
maintain at the site for the owner and the architect the approved shop drawings, product data,
samples, other similar required submittals and an office for their use. Upon final completion of
the work, aU of these record documents shall be delivered to the owner.
7.9 Shop Drawings, Product Data and Samples
7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not
constitute CIJntract documents. Their purpose is merely to demonstrate the manner in which
the contractor intends to implement the work in conformance with information received from the
contract doc;uments.
7.9.2 The contractor shall not perform any portion of the work requiring submittal and review
of shop drawings, product data or samples unless and until such submittal shall have been
approved by the architect. Approval by the architect, however, shall not be evidence that work
installed pursuant thereto conforms with the requirements of this contract.
7.10 Cleaning the Site and the Project
7.10.1 The contractor shall keep the site reasonably clean during performance of the work.
Upon final completion of the work, the contractor shall clean the site and the project and
remove all waste, together with all of the contractor's property therefrom.
7.11 Access to Work
7.11.1 The owner and the architect shall have access to the work at all times from
commencement of the work through final completion. The contractor shall take whatever steps
necessary tlJ provide access when requested.
7.12 Indemnity
7.12.1 To the fullest extent permitted by law, the contractor shall indemnify and hold harmless
the owner from and against liability, claims, damages, losses and expenses, including
attorneys' fE!es, arising out of or resulting from performance of the work, provided that such
liability, claims, damage, loss or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the work itself) including loss
of use resullting therefrom, but only to the extent caused in whole or in part by negligent acts or
omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such liability, claim,
damage, loss or expense is caused in part by a party indemnified hereunder. The
indemnification required by this paragraph 7.12 is independent of the contractor's obligation to
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purchase the insurance described in Article XIII and is not limited or modified by the terms of
those insurclnce policies.
7.12.2 In cltaims against any person or entity indemnified under this paragraph 7.12 by an
employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, the indemnification obligation under this
paragraph 7' .12 shall not be limited by a limitation on amount or type of damage, compensation
or benefits payable by or for the contractor or a subcontractor under workers' compensation
acts, disability benefit acts or other employee benefit acts.
7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall
hold the owner 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
manufacturE~r or manufacturers is required by the contract. However, if the contractor has
reason to bE~lieve 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.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 The Architect
8.1.1 The architect for this project is THOMAS E. POPE, P.A. In the event the owner should
find it necessary or convenient to replace the architect, the owner shall retain a replacement
architect and the status of the replacement architect shall be that of the former architect.
8.2 Architect's Administration
8.2.1 The architect, unless otherwise directed by the owner in writing, will perform those
duties and clischarge those responsibilities allocated to the architect as set forth in this contract.
The architec:t shall be the owner's representative from the effective date of this contract until
final payment has been made. The architect shall be authorized to act on behalf of the owner
only to the e~xtent provided in this contract.
8.2.2 The owner and the contractor shall communicate with each other in the first instance
through the architect.
8.2.3 The architect shall be the initial interpreter of the requirements of the drawings and
specifications and the judge of the performance thereunder by the contractor. The architect
shall render written or graphic interpretations necessary for the proper execution or progress of
the work with reasonable promptness on request of the contractor.
8.2.4 The architect will review the contractor's applications for payment and will certify to the
owner for pclyment to the contractor, those amounts then due the contractor as provided in this
contract.
8.2.5 The ,architect shall have authority to reject work which is defective or does not conform
to the requirements of this contract. If the architect deems it necessary or advisable, the
FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR
00500 - 11
architect shi:lll have authority to require additional inspection or testing of the work for
compliance with contract requirements.
8.2.6 The architect will review and approve, or take other appropriate action as necessary,
concerning the contractor's submittals including shop drawings, product data and samples.
Such review, approval or other action shall be for the sole purpose of determining conformance
with the design concept and information given through the contract documents.
8.2.7 The ,architect will prepare change orders and may authorize minor changes in the work
by field order as provided elsewhere herein.
8.2.8 The i:irchitect shall, upon written request from the contractor, conduct inspections to
determine the date of substantial completion and the date of final completion, will receive and
forward to the owner for the owner's review and records, written warranties and related
documents required by this contract and will issue a final certificate for payment upon
compliance with the requirements of this contract.
8.3 Claims by the Contractor
8.3.1 All contractor claims shall be initiated by written notice and claim to the owner and the
architect. Such written notice and claim must be furnished within three (3) days after
occurrence ()f the event, or the first appearance of the condition, giving rise to the claim.
8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently
proceed with performance of this contract and the owner shall continue to make payments to
the contract()r in accordance with this contract. The resolution of any claim under this
paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and
the contractor.
8.3.3 Claims for Additional Costs-If the contractor wishes to make a claim for an increase in
the contract price, as a condition precedent to any liability of the owner therefor, the contractor
shall give thE~ architect written notice of such claim within three (3) days after the occurrence of
the event, or the first appearance of the condition, giving rise to such claim. Such notice shall
be given by the contractor before proceeding to execute any additional or changed work. The
failure by thel contractor to give such notice and to give such notice prior to executing the work
shall constitute a waiver of any claim for additional compensation.
8.3.3.1 In connection with any claim by the contractor against the owner for compensation in
excess of thE~ contract price, any liability of the owner for the contractor's costs shall be strictly
limited to din:!ct costs incurred by the contractor and shall in no event include indirect costs or
consequentii:ll damages to the contractor. The owner shall not be liable to the contractor for
claims of third parties, including subcontractors, unless and until liability of the contractor has
been established therefor in a court of competent jurisdiction.
8.3.4 Claims for Additional Time-If the contractor is delayed in progressing any task which at
the time of the delay is then critical or which during the delay becomes critical, as the sole result
of any act or neglect to act by the owner or someone acting on the owner's behalf, or by
changes ordered in the work, unusual delay in transportation, unusually adverse weather
conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 12
the date for achieving substantial completion of the work shall be extended upon the written
notice and claim of the contractor to the owner and the architect, for such reasonable time as
the architect may determine. Any notice and claim for an extension of time by the contractor
shall be malde not more than three (3) days after the occurrence of the event or the first
appearanCE~ of the condition giving rise to the claim and shall set forth in detail the contractor's
basis for requiring additional time in which to complete the project. In the event the delay to the
contractor is a continuing one, only one notice and claim for additional time shall be necessary.
If the contr~ilctor fails to make such claim as required in this subparagraph, any claim for an
extension of time shall be waived. In no event is the contractor entitled to additional
compensation for any delay described in this paragraph 8.3.4 or other paragraphs.
8.4 Field Orders
8.4.1 The architect shall have authority to order minor changes in the work not involving a
change in the contract price or in contract time and not inconsistent with the intent of the
contract. Such changes shall be effected by field order and shall be binding upon the
contractor. The contractor shall carry out such field orders promptly.
ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a
portion of the work.
9.2 Awalrd of Subcontracts
9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the
names of pE~rsons or entities proposed by the contractor to act as a subcontractor on the
project. ThE~ owner shall promptly reply to the contractor, in writing, stating any objections the
owner may have to such proposed subcontractor. The contractor shall not enter into a
subcontract with a proposed subcontractor with reference to whom the owner has made timely
objection. The contractor shall not be required to subcontract with any party to whom the
contractor has objection.
9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which
correspond to those rights afforded to the owner against the contractor herein, including those
rights afforded to the owner by subparagraph 12.2.1 below.
ARTICLE X
CHANGES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating this
contract, by change order or by field order.
10.1.2 Changes in the work shall be performed under applicable provisions of this contract and
the contractor shall proceed promptly with such changes.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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10.2 Change Order Defined
10.2.1 Change order shall mean a written order to the contractor executed by the owner and
the architect, issued after execution of this contract, authorizing and directing a change in the
work or an c:ldjustment in the contract price or the contract time, or any combination thereof.
The contract price and the contract time may be changed only by change order.
10.3 Changes in the Contract Price
10.3.1 Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced by
(1) the change in the contract price being set forth in the change order, (2) such change in the
contract price, together with any conditions or requirements related thereof, being initialed by
both parties and (3) the contractor's execution of the change order; or (b) if no mutual
agreement occurs between the owner and the contractor, then, as provided in
subparagraph 10.3.2 below.
10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated
in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined
by the architect on the basis of the reasonable expenditures or savings of those performing,
deleting or nevising the work attributable to the change, including, in the case of an increase or
decrease in the contract price, a reasonable allowance for direct job site overhead and profit. In
such case, the contractor shall present, in such form and with such content as the owner or the
architect requires, an itemized accounting of such expenditures or savings, plus appropriate
supporting data for inclusion in a change order. Reasonable expenditures or savings shall be
limited to thE~ following reasonable costs of materials, supplies, or equipment including delivery
costs, reasonable costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers' compensation
insurance, rE!asonable rental costs of machinery and equipment exclusive of hand tools whether
rented from the contractor or others, reasonable costs of premiums for all bonds and insurance,
permit fees, and sales, use or other taxes related to the work, and reasonable work, and
reasonable cost of direct supervision and jobsite field office overhead directly attributable to the
change. In no event shall any expenditure or savings associated with the contractor's home
office or other non-jobsite overhead expense be included in any change in the contract price.
Pending final determination of reasonable expenditures or savings to the owner, payments on
account shalll be made to the contractor on the architect's certificate for payment.
10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so
changed in cl proposed change order that application of such unit prices to the quantities of
work proposed will cause substantial inequity to the owner or to the contractor, the applicable
unit prices shall be equitably adjusted.
10.4 Minor Changes
10.4.1 The architect shall have authority to order minor changes in the work not involving a
change in thl3 contract price or an extension of the contract time and not inconsistent with the
intent of this contract. Such minor changes shall be made by written field order, and shall be
binding upon the owner and the contractor. The contractor shall promptly carry out such written
field orders.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 14
10.5 Effec:t of Executed Change Order
10.5.1 The l:'!xecution of a change order by the contractor shall constitute conclusive evidence
of the contractor's agreement to the ordered changes in the work, this contract as thus
amended, the contract price and the contract time. The contractor, by executing the change
order, waives and forever releases any claim against the owner for additional time or
compensatiCln for matters relating to or arising out of or resulting from the work included within
or affected by the executed change order.
10.6 Notic:e to Surety; Consent
10.6.1 The (;ontractor shall notify and obtain the consent and approval of the contractor's
surety with neference to all change orders if such notice, consent or approval is required by the
contractor's :surety or by law. The contractor's execution of the change order shall constitute
the contract()r's warranty to the owner that the surety has been notified of, and consents to,
such change! order and the surety shall be conclusively deemed to have been notified of such
change order and to have expressly consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 UncCllvering Work
11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of
this contract, it shall, if required by the architect or the owner, be uncovered for the architect's
inspection and shall be properly replaced at the contractor's expense without change in the
contract time!.
11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1
above, it shall, if required by the architect or owner, be uncovered for the architect's inspection.
If such work conforms strictly with this contract, costs of uncovering and property replacement
shall by change order be charged to the owner. If such work does not strictly conform with this
contract, the contractor shall pay the costs of uncovering and proper replacement.
11.2 CorrE!cting Work
11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as
defective or failing to conform to this contract. The contractor shall pay all costs and expenses
associated with correcting such rejected work, including any additional testing and inspections,
and reimbursement to the owner for the architect's services and expenses made necessary
thereby.
11.2.2 If within one (1) year after substantial completion of the work any of the work is found to
be defective lOr not in accordance with this contract, the contractor shall correct it promptly upon
receipt of written notice from the owner. This obligation shall survive final payment by the
owner and termination of this contract. With respect to work first performed and completed
after substantial completion, this one-year obligation to specifically correct defective and
nonconforming work shall be extended by the period of time which elapses between substantial
completion and completion of the subject work.
11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation with
respect to other obligations which the contractor has either under this contract or under the
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 15
laws of the State of Florida. Establishment of the one-year time period in subparagraph 11.2.2
relates only to the duty of the contractor to specifically correct the work.
11.3 Owner May Accept Defective or Nonconforming Work
11.3.1 If the' owner chooses to accept defective or nonconforming work, the owner may do so.
In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or nonconforming work and (b) the difference between
the fair market value of the project as constructed and the fair market value of the project had it
not been constructed in such a manner as to include defective or nonconforming work. If the
remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for
its acceptance of defective or nonconforming work, the contractor shall, upon written demand
from the owner, pay the owner such remaining compensation for accepting defective or
nonconforming work.
ARTICLE XII
CONTRACT TERMINATION
12.1 Termination by the Contractor
12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other
public authority, or as a result of an act of the Government, through no fault of the contractor or
any person elr entity working directly or indirectly for the contractor, the contractor may, upon
ten (10) day~)' written notice to the owner and the architect, terminate performance under this
contract and recover from the owner payment for the actual reasonable expenditures of the
contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials,
equipment, tlDols, construction equipment and machinery actually purchased or rented solely for
the work, less any salvage value of any such items.
12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the
contractor for a period of fifteen (15) days after receiving written notice from the contractor of its
intent to terminate hereunder, the contractor may terminate performance under this contract by
written noticE~ to the architect and the owner. In such event, the contractor shall be entitled to
recover from the owner as though the owner had terminated the contractor's performance
under this contract for convenience pursuant to subparagraph 12.2.1 hereunder.
12.2 Termination by the Owner
12.2.1 For C:onvenience:
12.2.1.1 The owner may for any reason whatsoever terminate performance under this
contract by the contractor for convenience. The owner shall give written notice of such
termination tC) the contractor specifying when termination becomes effective.
12.2.1.2 The contractor shall incur no further obligations in connection with the work and
the contractor shall stop work when such termination becomes effective. The contractor shall
also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities
and claims arising out of the termination of subcontracts and orders. The owner may direct the
contractor to assign the contractor's rights, title and interest under terminated orders or
subcontracts to the owner or its designee.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 16
12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or
partially completed work and materials, equipment, parts, fixtures, information and contract
rights as thE~ contractor has.
12.2.1.4 (a) The contractor shall submit termination claim to the owner and the
architect sp,ecifying the amounts due because of the termination for convenience together with
costs, pricing or other data required by the architect. If the contractor fails to file a termination
claim within one (1) year from the effective date of termination, the owner shall pay the
contractor, an amount derived in accordance with subparagraph (c) below.
(b) The owner and the contractor may agree to the compensation, if any, due
to the contractor hereunder.
(c) Absent agreement to the amount due to the contractor, the owner shall
pay the contractor the following amounts:
(i) Contract prices for labor, materials, equipment and other services
accepted under this contract;
(ii) Reasonable costs incurred in preparing to perform and in
performing the terminated portion of the work, and in terminating the contractor's performance,
plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not
include antic:ipated profit or consequential damages); provided however, that if it appears that
the contractl:>r would have not profited or would have sustained a loss if the entire contract
would have been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss, if any;
(iii) Reasonable costs of settling and paying claims arising out of the
termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph.
These costs shall not include amounts paid in accordance with other provisions hereof.
The 1total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed
the total contract price, as properly adjusted, reduced by the amount of payments otherwise
made, and shall in no event include duplication of payment.
12.2.2 For Cause:
12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work
in a timely manner, supply enough properly skilled workers, supervisory personnel or proper
equipment or materials, or if it fails to make prompt payment to subcontractors or for materials
or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violation of a material
provision of this contract, then the owner may by written notice to the contractor, without
prejudice to any other right or remedy, terminate the employment of the contractor and take
possession ()f the site and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the contractor and may finish the work by whatever methods it
may deem expedient. In such case, the contractor shall not be entitled to receive any further
payment until the work is finished.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 17
12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work,
including compensation for the architect's additional services and expenses made necessary
thereby, SUGh excess shall be paid to the contractor. If such cost exceeds the unpaid balance,
the contractor shall pay the difference to the owner. This obligation for payment shall survive
the termination of the contract.
12.2.2.3 In the event the employment of the contractor is terminated by the owner for
cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of
competent jurisdiction that such termination was without cause, such termination shall
thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the
provisions of subparagraph 12.2.1 shall apply.
ARTICLE XIII
INSURANCE
13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit 8 is attached
and incorpolrated into this contract.
ARTICLE XIV
MISCELLANEOUS
14.1 Govl!rning Law
14.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County, Florida.
14.2 Succ:essors and Assigns
14.2.1 The owner and contractor bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of such other party in respect to covenants, agreement and obligations contained in this
contract. The contractor shall not assign this contract without written consent of the owner.
14.3 Surety Bonds
14.3.1 The contractor shall furnish the public construction bond in the amount and form set
forth in Sectiion 255.05, Florida Statutes.
14.4 Ethic:s Clause
14.4.1 The (;ontractor warrants that it has not employed, retained or otherwise had act on its
behalf any fc)rmer County officer or employee subject to the prohibition of Section 2 of
Ordinance Nlo. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance Nlo. 020-1990. For breach or violation of this provision, the owner may, in its
discretion, telrminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
14.5 Assignment of the Architect's Duties
14.5.1 The duties of the architect under this contract may be assigned by the owner, at his
discretion, to a construction manager selected by the owner.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 18
14.6 Trench Safety
14.6.1 If applicable to the project, the contractor shall comply with all relevant provisions of the
Trench Safety Act (Secs. 553.60-553.64, Fla. Stat.).
14.7 Contingency
14.7.1 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
14.8 Effective Date
14.8.1 This contract will take effect on the date of the signature of the last party to sign.
IN WITNESS WHEREOF, each pa~has caused this Agree"ment to be executed by its
duly authori2:ed representative this / >r day of rye /~ /X,€ , 1995.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
~c.~)~
Deputy Clerk
/0./8..Q'
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BYoS -::F~
Mayor/C
Date
(SEAL)
Attest:
~e. ~~9udL-
CONTRACTOR
D. \... ?oQ.,~ COt.)h........e..'T,C>1V "1:Nc.
By: c.~OD 0~
Title: V f> .
A,""',!:I.C:C' /t"U'~'" ..~ .
~r'-._.
,~ 'J
'...-- '~.' ,. .
..L(2_~ 11- 1<7
FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR
00500 - 19
Exhibit A
Plans for Islamorada Library are dated as follows:
1. Sheets 1-3 dated 4/7/95
2. Sheets ST -1 dated 4/20/95
3. Sheets EI dated 4/95
4. Sheets MI dated 4/12/95
5. Sheets PI dated 4/11/95
Plans for Marathon Library are dated as follows:
1. Sheet 1 dated 5/1195
2. Sheet ME-I dated 5/1/95
Project Manual Monroe County Islamorada & Marathon Branch Libraries
(Undated)
Addendum 1 dated July 20, 1995
Addendum 2 dated August 16, 1995
Letter to Thomas E. Pope, Architect dated September 15, 1995 (copy
attached). It is understood that these suggested changes are accepted
and will be incorporated into the scope of work and that the contract
sum reflects these deducts.
-~_._._.
----~~
-----
--_.. -----
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--....--
-.--.--.-
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r.--'-J r\ "VI [':.1 1"1]
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. . ' ..' \ '. L..
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I r-'''' '
t j \.___________ ." .1.~
D.L. PORTER CONSTRUCTION, INC.
September 15, 1995
Thomas E. Pope, Architect
610 White Street
Key West, FL 33040
Re: Monroe County Islamorada/Marathon Libraries
Dear Tom:
The following are some suggestions in an attempt to help reduce the costs on the above
referenced project. Unfortunately, there isn't much that can be done with the Marathon
site because of the size. Therefore, we have concentrated our efforts on Islamorada.
1.
Delete requirements for construction fence.
type)
Use wooden barricades (street
$ <1,787>
2. Delete removal of shuffleboard court and concrete pavilion (have County
remove if required.) <1,100>
3. Delete all concrete curbs and a portion of the sidewalk at the west parking
lot. Extend the walk at the south side to existing pavement. <3,080>
4.
a.
b.
Change 1st floor slab to 8" hollow core slabs with 2"
Delete one (1) beam at 1st floor if hollow core slabs
(A/ST1) i.e. make floor similar to roof.
Delete one (1) drilled pier.
topping. <11,734>
are acceptable.
<1,100>
<330>
c.
5.
Substitute paint in lieu of wall coverings at restroom walls.
< 1, 100 >
6.
Delete the asphalt pavement except for handicapped parking area.
<3,350>
7. Make the entry an open air area. <7,260>
a. Delete storefronts.
b. Delete Alc supplies.
c. Delete floor covering.
d. Delete the roll down door and install storefront doors in opening #4.
8. Reduction in General Conditions, overhead, profit and time of completion
because of reduced scope. <4,000>
1100 Gillespie Avenue · Sarasota, Florida 34236 . (813) 365-1522 . Fax (813) 365-1805
Mr. Tom Pope
September 15, 1995
Page 2
There are a couple additional
available, we'll let you know.
need.
Sincerely,
D.L. PORTER CONSTRUCTION, INC.
(' < f-o CD Qj-
C. Marshall White
Vice President
CMW/pj
ideas we're looking at. If signif icant savings are
Please let me know if there's any other information you
1100 Gillespie Avenue · Sarasola, Florida 34236 · (941) 365-1522 · (941) 365-1805
EXHIBIT B
April 22, 1993
1 st Printing
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
General Insurance Requirements
for
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 his/her 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 spedfied 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 c:ertified 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 p'Jlicies 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.
The acceptancle 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.
Administrative Instruction
#4709.1
GEN_C&S.OOC
April 22, 1993
1st Printing
The Monroe County Board of County Commissioners, its employees and officials will be included as
"AdditionallnslJred" 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.
Administrative Instruction
#4709.1
GEN_C&S.DOC
April 22, 1993
1 st Printing
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
Indemnification and Hold Harmless
for
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 Iiclbility is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Administrative Instruction
#4709.1
INDM&HH.DOC
April 22, 1993
1 st Printing
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
Windstc:>rm
Hail
Explosion
Riot
Civil CClmmotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
The policy Iimit~) 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 shalll 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.
Administrative Instruction
#4709.1
BR
BLD_RISK.DOC
April 22. 1993
1 st Printing
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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:
. PrElmises Operation
. Prclducts 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
#4709.1
GL2
GEN_L1AB.DOC
April 22, 1993
1 st Printing
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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 Ilimits acceptable shall be:
$100,ClOO Combined single Limit (CSL)
If split limits ane provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,ClOO per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satis'Fy the above requirements.
Administrative Instruction
#4709.1
VL1
VEH_L1AB.DOC
April 22, 1993
1 st Printing
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commenclement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout thl~ 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
#4709.1
VL2
VEH_L1AB.DOC
April 22, 1993
1 st Printing
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work govemed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Aorida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 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 ContractClr 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 Contractclr participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the cClntractor may be required to submit updated financial statements from the fund upon
request from the County.
Administrative Instruction
#4709.1
WC1
WRK_COMP.DOC
April 22. 1993
1 st Printing
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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, th4~ 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 sha:ll 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 A.M.
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 Imltruction
#4709.1
WC2
WRK_COMP.DOC
MONROF r0UNTV
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SIDE OF THIS FOFM
ROGER BOUCHARD INSURANCE
101 Stlrcrest Dr. PO Box 6090
CLEARNATER. FL 34618
Fidel it
DATE
of
10/17/95
12:01 X
AM
11/17/95
956493
TIM!
X 12D1AM
I()()N
DATI!
OODE
SW-OODE
PM
THIS BItaR IS ISSl.EO TO EXTEr<<) COVERAClE IN THE ABOVE NAMED
COMPANY PER EXPIRIt<<lPQ.ICV NO:
D.L. PORTER CONSTRUCTION. INC.
1100 Gi I lespie Avenue
Slrlsotl
FL 34236
Commercill Construction 100X
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T~ OIINIURANOI!
PROPI!RTY CAUSES rF LOSS
BASIC DBROADDsPEC.
OOVI!RAGd'OR....
AMOUNT DGUOTB.E 00.....
BU I LDERS R I $I(
EXCLUDING WIND. FLOOD .
EARTHQUAKE
310.189 1.000
Cll!Nl!RAL LIABLITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE lIABllI TV
... 1 i
R'-~d-:'%/~
flATF 1'0 ... ~d ...7!S
N/A /' YES
tllt./t;
'&/~
~/4(J
GENERAL AGGREGA TE .
PRODUCTS - ClJolP/OP 1.66. .
PERSONAL & AO\I. INJURY .
EACH OCCURRENCE
FIRE DAMAGE IA .
MED. EXPENSE IA Olle ers .
ClJolBINED SINBLE LIMIT .
BODlLV INJURY (Per ersonJ .
BODll V INJURY (Per ACcidenO .
PROPER TV DAMABE .
MEDICAL PAYMENTS .
PERSONAL INJURY PROTo .
UNINSURED MOTORIST .
.
ClJolMERCIAL GENERAL lIABllITV
CLAIMS MADE D OCCUR
OWNER'S & CONTRACTOR'S PROTo
AUTOMOBU! L1ABLITY
RfTRO DATE FOR CLAIMS MADE:
\1'~!VFR:
AUTO PHYSIOALDANAGII! DEDUCTIBLE ALL YEHICLES SCHEDULED YEHICLES
COlli SI ON:
OTHER THAN COL:
I!XcelS L1ABLITY
UMB RElLA FORM
OTHER THAN UMBRElLA FOINI RfTRO DATE FOR CLAIMS MADE:
ACTUAL CASH YALUE
STA TED AMOUNT .
OTHER
EACH OCCURRENCE .
ABBREGA TE .
SElF-INSURED RETENTION .
STATUTORY LIMITS )\WHH:iHHHHi
EACH ACCIDENT .
DISEASE-POLICY LIMIT .
01 SEASf-fACH EMPl DYEf .
WOAICDl'S OOIiFl!NSATION
AND
I!hFLOYl!R'S L1ABLITY
PROJECT: ISLAMARADA~ARATHON LIBRARIES
MONROE COUNTY BID OF CO CCMt1S
5100 COLLEGE RQAD
KEY WEST FL 33040
~