08/18/2010 Agreement
DANNY L4t KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 23, 2010
TO:
Jerry Barnett, Director
Project Management
FROM:
Ann Riger
Contracts Administrator
Pamela G. Hanc/$.
A TTN:
At tht: August 18, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement with Pedro Falcon Electrical Contractors,
Inc. for the renovations of the E Martello Tower Bathrooms.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finanlce
File /:
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
Agreement
Between Owner and Contractor
where the basis of payment is a STIPULA TED SUM
AGREEMENT
made as of the Eighteenth day of August, in the year of Two Thousand and Ten
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
Big Pine Key, FL 33043
For the following Project:
East Martello Bathroom Renovations
The Scope of Work:
Renovation of existing bathrooms and related construction
As shown in Contract Documents and Drawings located at
the East Martello, 3501 South Roosevelt Blvd. Key West,
FL. To furnish all labor, materials, tools, transportation,
services, etc. as required for complete installation of all
mechanical and plumbing work as indicated on drawings,
specified or otherwise necessitated by the work for the
completion of the project.
Project Management
The Director of Project Management
Monroe County Project Management
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida, 33040
The Architect is:
Bender & Associates Architects, P.A.
41 0 Angela Street
Key West, FL 3340
License No.
AAC002022
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CONTRACT BETWEEN OWNER AND CONTRACTOR
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Bid Documents, Addenda
issued prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement: these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes
prior negotiations, representations or agreements, either written or oral. An enumeration of the
Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
Scope of work includes but is not limited to:
· Preparation of area for renovation of bathrooms and legally disposal of debris off site.
· Related work specified elsewhere: Excavation, filling and back filling, moisture
protection. All new structures are required to meet 150 mph wind load.
· Furnish and install all toilet room accessories, hardware, etc. as indicated or specified.
· Related work specified Elsewhere: Carpentry, Gypsum Drywall, Tile.
· Furnish, install and connect complete electrical system as shown on the drawings,
specified or otherwise necessitated by the work.
· All other requirements of the contract documents.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time 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 Director of Project Management, in writing
not less than five days before commencing the Work.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Eighty (180) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the contract
or of specified phases of the contract shall be the calendar date or dates listed in the milestone
schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
FIRST SECOND 31 ST DA Y&
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
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 Nine Thousand Nine Hundred and Forty Two and
00/100
Dollars ($29,942.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.) N/A
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Project
Management or Architect may require. This schedule, unless objected to by the Director of
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CONTRACT BETWEEN OWNER AND CONTRACTOR
3
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
Project Management 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. Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be included in applications for Payment. No item in the Schedule of Values
shall exceed $25,000.00 without prior approval from Monroe County Project Management. For
items greater than $25,000.00, the amount of credit to be allowed by the Contractor to the
Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the
net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
Change Request, as indicated in the corresponding line item in the Approved Schedule of
Values for that line item as confirmed by the Director of Project Management. For items less
than $25,000.00, the amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be pursuant to
negotiation as outlined in General Conditions, Section 00750, Article 7.2. When both additions
and credits covering related Work or substitutions are involved in a change the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to that
change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management or Architect has
withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
Conditions.
5.7 Retainage will be withheld in accordance with section 218.735 (8), Florida Statutes
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
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
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management and Architect. Such final payment shall be made by the Owner
not more than 20 days after the issuance of the final approval 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.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500 of the General
Requirements
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs as an award against the non-prevailing party, and
shall include attorney's fees and courts costs in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. County
or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC SSe 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC SSe 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, SSe 523 and 527 (42
USC SSe 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
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CONTRACT BETWEEN OWNER AND CONTRACTOR
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
v) Hold Harmless. Notwithstanding any minimum insurance requirements prescribed
elsewhere in this agreement, the Contractor covenants and agrees that he shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii)
any costs or expenses that may be asserted against, initiated with respect to, or sustained by,
any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of
its employees, agents, contractors in any tier or other invitees during the term of this
Agreement, (8) the negligence or willful misconduct of Contractor or any of its employees,
agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of any of
the obligations that it undertakes under the terms of this Agreement, except to the extent the
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of
their employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
v) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
x) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insureds.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
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CONTRACT BETWEEN OWNER AND CONTRACTOR
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: Project Manual dated June, 2010. Drawings C, A 1 , A2,
SP1, Addendum #1, Proposal of July 27, 2010.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated June 2010.
9.1.4 The Specifications are those contained in the Project Manual dated June, 2010.
(type in by division I spec number)
As listed in Table of Contents of the Project Manual for this project.
9.1.5 The Drawings issued by the Architect for the construction of the (list drawings) C, A1,
A2, and SP1. Drawings attached to Addendum #1 include AD1.1, and AD1.2.
9.1.6 The Addenda, if any, are as follows:
Number
1
Date
07/15/10
Pages
4
9.1.7 The Alternates, if any, are as follows: N/A
END ALTERNATES
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.
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to Project
Management and Architect for use in the administration of the Contract, and the remainder to
the Owner.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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CONTRACT BETWEEN OWNER AND CONTRACTOR
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL) '.'_Y:~
Attest: ~AttNY.~L. J~QliHAGE, Clerk
.t ,.: ~'~ '.\ 'i
~
AUG 1 8 2DtD
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~
May 7Chair an
By
Date
(SEAL)
CONTRACTOR
By:
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Date: () <;( LQ~J I 0
By:
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Title: A S I'RESllJeNr
Date: t)~/t:Jf/ /0
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And: O. ~. _
By: ~~~
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Title: a~~ ulrtvteG~
Date: f) 13 - t9C-". 20l t)
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l\~;.._ 'v Uf\ITY ATTO;-~:.',:Y
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STATE OF FLORIDA
COUNTY ~F m 0 /) i!..~c;
On this ~ day of 4~ ,2010, before me ,the undersigned notary public,
Personally appeared __ Y/6f71/L1'J B~/1Jb CS7'\ , known to me to he-!he
Person whose name is subscribed above or who produced N A
As identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for the construction of East Martello Bathroom Renovation
~for the u poses therein 5!?"tai~~d.
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END OF SECTION 00500
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
11
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
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General Conditions of the Contract for Construction
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners bid documents, other documents listed in the Agreement and Modifications issued after
execution of the Contract, and the Contractor's bid and supporting documentation. A
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change
Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work
issued by the Architect.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Architect and Contractor, (2) between Project Management and Contractor, (3) between the
Architect and Project Management, (4) between the Owner and a Subcontractor or (5) between
any persons or entities other than the Owner and Contractor. The Owner shall, however, be
entitled to enforce the obligations under the Contract intended to facilitate performance of the
duties of Project Management and Architect.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Project Management.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
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1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if r~quired by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect. All
copies of them, except the Contractor's record set, shall be returned or suitably accounted for to
Project Management, on request, upon completion of the Work. The Drawings, Specifications
and other documents prepared by the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to be construed as publication in
derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for
written specifications or 11 "x 17" drawings).
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
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1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits and fees
which are the responsibility of the Contractor under the Contract Documents. It is the
Contractor's responsibility to secure and pay for the building permit(s) for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Project
Management's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. If payments then, or thereafter,
due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum
of 24 hours notice. In the event of safety issues determined to be of a serious nature, as
determined by Project Management, notice will be given, and contractor is required to rectify
deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by Project Management, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Project Management and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Project Management or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to Project Management and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to Project Management and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to Project Management and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
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3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of Project Management as provided in
Subparagraphs 4.6.3 and 4.6.5.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Project Management or Architect in
their administration of the Contract, or by test, inspections or approvals required or performed
by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by Project
Management, the Contractor will remove and/or replace the employee at the request of Project
Management. Employees dismissed from the project will be transported from the job site at the
Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Project Management, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 VVarranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless otherwise
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by Project Management or Architect, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and oay for all oermits. imoact fees. governmental fees,
licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or
Utility entities having jurisdiction over the project for the proper execution and completion of the
Work which are customarily secured after execution of the Contract and which are legally
required at the time bids are received. The Owner will assess Monroe County buildina oermit
and Monroe County imoact fees. The Contractor will be responsible for all building permit costs
or impact fees required for this project. The Contractor shall secure and pay for all building and
specialty permits including plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Project Management, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Project Management, Architect
and Owner, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Project Management and shall not be changed except
with the consent of Project Management, unless the superintendent proves to be unsatisfactory
to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
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3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Project Management's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised at appropriate intervals as required by the conditions
of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised as required by the conditions of the Work, and shall be subject to
Project Management's approval.
3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing
the Contractor's Work to avoid conflict, delay in'or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 Architect and Project Management will schedule and conduct a project meeting at a
minimum of one meeting per month in each month which the Contractor shall attend. At this
meeting, the parties can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Project Management and Architect and shall be delivered to Project Management
for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by Project
Management is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance
with the schedule and sequence approved by Project Management, Shop Drawings, Product
Data, Samples and similar submittals required by the Contract Documents. The Contractor
shall cooperate with Project Management in the coordination of the Contractor's Shop
Drawings, Product Data, Samples and similar submittals with related documents submitted by
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General Conditions of the Contract for Construction
8
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
other Contractors. Submittals made by the Contractor which are not required by the Contract
Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and' review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by Project Management and Architect. Such Work shall be in accordance with
approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Project Management or Architect's approval of Shop Drawings,
Product Data, Samples or similar submittals unless the Contractor has specifically informed
Project Management and Architect in writing of such deviation at the time of submittal and
Project Management and Architect have given written approval to the specific deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples or similar submittals by Project Management's and Architect's approval
thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Project Management and Architect on previous submittals.
3.12.10 Informational submittals upon which Project Management and Architect are not
expected to take responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Project Management and Architect shall be
entitled to rely upon the accuracy and completeness of such calculations and certifications.
3. 12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to Project Management for
approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
alter such construction by other Contractors or by the Owner's own forces except with written
consent of Project Management, Owner and such other contractors: such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of Project Management shall also be
required. The Contractor shall not unreasonably withhold from Project Management or any
separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Project Management.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project
Management may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Project Management and
Architect harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the
COUNTY and the COUNTY'S elected and appointed officers and employees harmless from and
against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors
in any tier or other invitees during the term of this AGREEMENT, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors in any tier or other
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under
the terms of this AGREEMENT, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors
or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during
the term of this AGREEMENT, this section will survive the expiration of the term of this
AGREEMENT or any earlier termination of this AGREEMENT.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
In the event the completion of the project (including 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative. Bender & Associates Architects, P.A. is the Architect on
this project.
4.2 Project Management
4.2.1 Project Management is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term "Project
Management" means Monroe County Project Management or Project Management's authorized
representative.
4.3 Duties, responsibilities and limitations of authority of Project Management and Architect
as set forth in the Contract Documents shall not be restricted, modified or extended without
written consent of the Owner, Project Management, Architect and Contractor. Consent shall not
be unreasonably withheld.
4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect
whose status under the Contract Documents shall be that of the former Architect.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Project Management and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
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time during the correction period described in Paragraph 12.2. Project Management and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.6.2 Project Management and Architect will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will keep the Owner
informed of the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Project Management and Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Project Management and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, the Architect will not be required
to make exhaustive or continuous onsite inspections to check quality or quantity of the Work.
On the basis of on-site observations as an architect, the Architect will keep the Owner informed
of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies
in the work.
4.6.6 Project Management, except to the extent required by Architect, will not have control
over or charge of and will not be responsible for construction means, method, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither
will be responsible for the Contractor's failure to carry out the Work in accordance with the
Contract Documents. Neither Project Management nor the Architect will have control over, or
charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Project Management, and shall
contemporaneously provide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through Project Management and shall be contemporaneously
provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the Contractor,
including final payment. Project Management will assemble each of the Contractor's
Applications for Payment with similar Applications from other Contractor into a Project
Application for Payment. After reviewing and certifying the amounts due the Contractors, the
Project Application for Payment, along with the applicable Contractors' Applications for
Payment, will be processed by Project Management.
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4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, Project Management will certify the amounts due the Contractors and will issue a
Project Approval for Payment.
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying Project Management. Subject to review by the Architect, Project
Management will have the authority to reject Work which does not conform to the Contract
Documents. Whenever Project Management considers it necessary or advisable for
implementation of the intent of the Contract Documents, Project Management will have authority
to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2
and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing
authority of Project Management will be subject to the provisions of Subparagraphs 4.6.18
through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect.
However, neither the Architect's nor Project Management's authority to act under this
Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or
not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project
Management to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to Project Management those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project
Management, while allowing sufficient time in the Architect's professional judgment to permit
adequate review. Review of such submittals is not conducted for the purpose of determining
the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 Project Management will prepare Change Orders and Construction Change Directives.
4.6.14 Following consultation with Project Management, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion, and will receive and forward to the Architect
written warranties and related documents required by the Contract and assembled by the
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Contractor. The Architect will forward to Project Management a final Project Application for
Payment upon compliance with the requirements of the Contract Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of Project Management, Owner or
Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor, Project Management and Architect shall try to
resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of
the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by
the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
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.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions, and the parties will follow
the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) a written
order for a minor change in the Work issued by the Architect, (3) failure of payment by the
Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other
reasonable grounds, Claim shall be filed in accordance with the procedure established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
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representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project
Management for review by the Owner, Project Management and Architect the names of persons
or entities (including those who are to furnish materials or equipment fabricated to a special
design) proposed for each principal portion of the Work. Project Management will promptly
reply to the Contractor in writing stating whether or not the Owner, Project Management or
Architect, after due investigation, has reasonable objection to any such proposed person or
entity. Failure of Project Management to reply promptly shall constitute notice of no reasonable
objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Project Management or Architect has made reasonable and timely objection. The Contractor
shall not be required to contract with anyone to whom the Owner, Project Management, or
Architect has made reasonable objection.
5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Project Management or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner, Project
Management and Architect. Each subcontract agreement shall preserve and protect the rights
of the Owner, Project Management and Architect under the Contract Documents with respect to
the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice
such rights. When appropriate, the Contractor shall require each Subcontractor to enter into
similar agreements with Sub-subcontractors. The Contractor shall make available to each
proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may be at variance with the Contract
Documents. Subcontractors shall similarly make copies of applicable portions of such
documents available to their respective proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
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.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
i. If the work has been suspended for more then 30 days, the
Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Project Management. The Owner further reserves the right to award other
contracts in connection with other portions of the Project or other construction or operations on
the site under Conditions of the Contract identical or substantially similar to these including
those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Project Management,
the Owner shall provide for coordination of such forces with the Work of the Contractor who
shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Project Management shall be held harmless for
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other
contractors reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to Project Management and
Architect apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner's own forces or other contractors' completed or
partially completed construction is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
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6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors
have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify Project Management in writing, of his contention: setting forth (A) the cause
for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all
details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Project Management within (72)
hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Project
Management for an increase in the Contract price, nor a claim against the Owner or Project
Management for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Project Management, in consultation
with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Project
Management. Architect and Contractor; a Construction Change Directive require agreement by
the Owner, Project Management and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
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7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Project Management and signed by
the Owner, Project Management, Architect and Contractor, stating their agreement upon all of
the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Project Management is received, shall promptly
proceed with the Work involved. The cost of such Work shall then be determined by daily force
accounts in a form acceptable to the Owner and Project Management. The daily force account
forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each
man, each piece of equipment and total hours for equipment and all material(s) by type for each
extra Work activity claim. Each daily force account form shall be signed by the designated
Project Management representative no later than the close of business on the day the Work is
performed to verify the items and hours listed. Extended pricing of these forms shall be
submitted to Project Management with all supporting documentation required by Project
Management for inclusion into a change order. Unless otherwise provided in the Contract
Documents, cost shall be limited to the following: cost of materials, including sales tax and cost
of delivery; cost of labor, including social security, old age and unemployment insurance, and
fringe benefits required by agreement or custom; works' or workmen's compensation insurance;
and the rental value of equipment and machinery. Markups for overhead and profit will be in
accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account
shall be made as determined by Project Management. The amount of credit to be allowed by
the Contractor for any deletion or change, which results in a net decrease in the Contract Sum,
will be the amount of the actual net cost to the Owner as confirmed by Project Management.
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When both additions and credits covering related Work or substitutions are involved in anyone
change, the allowance for overhead and profit shall be figured on the basis of the net increase,
if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general home/field office
expenses. The actual cost of Changes in the Work (other than those covered by unit prices set
forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(50/0);
.2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark-
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(50/0);
3. if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (100/0) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (100/0) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Project Management such as
certified quotations or invoices shall be provided by the Contractor to Project Management at no
additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Project Management, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project
Management written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Project Management for the Extra Work shall include a complete
description of the extra Work, the total cost and a detailed cost breakdown by labor, material
and equipment for each additional activity required to be performed. Mark-ups shall be limited
as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
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7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through Project Management and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Project Management in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the ArchitecUEngineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Project Management, or by any other cause which Project
Management determines may justify the delay, then the Contract Time shall be extended by no
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cost Change Order for such reasonable time as Project Management may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Project Management not more
than Seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to the
Architect, through Project Management, a schedule of values allocated to various portions of the
Work, prepared in such form and supported by such data to substantiate its accuracy as Project
Management and Architect may require. This schedule, unless objected to by Project
Management or Architect, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Architect an itemized Application for Payment for Work completed
in accordance with the schedule of values. Such application shall be notarized and supported
by such data substantiating the Contractor's right to payment as the Owner, Project
Management or Architect may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
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.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which approval for payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 The Architect will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 After the Architect's receipt of the Project Application for Payment, Project Management
and Architect will either approve the Application for Payment, with a copy to the Contractor, for
such amount as Project Management and Architect determine is properly due, or notify the
Contractor in writing of Project Management's and Architect's reasons for withholding approval
in whole or in part as provided in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
separately by Project Management and Architect to the Owner, based on their individual
observations at the site and the data comprising the Application for Payment submitted by the
Contractor, that the Work has progressed to the point indicated and that, to the best of Project
Management's and Architect's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
Project Management or Architect. The issuance of a separate Approval for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount approved.
However, the issuance of a separate Approval for Payment will not be a representation that
Project Management or Architect has (1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work, (2) reviewed the Contractor's construction means,
methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received
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from Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or (4) made examination to ascertain how or for
what purpose the Contractor has used money previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Approval
9.5.1 Project Management/Architect may decline to approve an Application for Payment if, in
his opinion, the application is not adequately supported. If the Contractor and Project
Management cannot agree on a revised amount, Project Management shall process the
Application for the amount it deems appropriate. Project Management may also decline to
approve any Application for Payment because of subsequently discovered evidence or
subsequent inspections. It may nullify, in whole or part, any approval previously made to such
extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2)
third party claims filed or reasonable evidence indicating probable filing of such claims; (3)
failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum; (5) damage to Project Management, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Project Management.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
9.6.1 After Project Management and Architect have issued an Approval for Payment, the
Owner shall make payment in the manner and within the time provided in the Contract
Documents, and shall so notify Project Management and Architect. From the total of the
amount determined to be payable on a progress payment, a retainage in accordance with the
Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted
and retained by the Owner until the final payment is made. The balance of the amount payable,
less all previous payments, shall be approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by Project Management to be a part of the final quantity for the item of Work in
question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
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9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Project Management and Architect on account of portions of
the Work done by such Subcontractor.
9.6.4 Neither the Owner, Project Management nor Architect shall have an obligation to pay, or
to see to, the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Project Management to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Project Management
shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or
corrected. The Contractor shall proceed promptly to complete and correct items on the list.
Failure to include an item on such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project
Management, will make an inspection to determine whether the Work or designated portion
thereof is substantially complete. If the inspection discloses any item, whether or not included
on the list, which is not in accordance with the requirements of the Contract Documents, the
Contractor shall, before issuance of the Certificate of Substantial Completion, complete or
correct such item upon notification by the Architect. The Contractor shall then submit a request
for another inspection by Project Management, to determine Substantial Completion. When the
Work or designated portion thereof is substantially complete, Project Management will prepare a
Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
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Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Project Management, the Owner shall make
payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided
in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Project Management shall jointly
prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of
the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the
progress of the Work shall be determined by written agreement between the Owner and
Contractor or, if no agreement is reached, by decision of Project Management.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and
Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order
to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a
written Notice that the Work is ready for final inspection and acceptance and shall also forward
to Project Management a final Contractor's Application for Payment. Upon receipt, Project
Management will forward the Notice and Application to the Architect who will promptly make
such inspection. When the Architect, based on the recommendation of Project Management,
finds the Work acceptable under the Contract Documents and the Contract fully performed,
Project Management and Architect will promptly issue a final Approval for Payment stating that
to the best of their knowledge, information and belief, and on the basis of their observations and
inspections, the Work has been completed in accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due the Contractor and noted in
said final Approval is due and payable. Project Management's and Architect's final Approval for
Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through Project Management (1 ) an affidavit that payrolls,
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bills for materials and equipment, and other indebtedness connected with the Work for which
the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is made, is currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner,
other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract.
9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect, Project Management that the subcontractors and materialmen have been paid is for
the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's Public
Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to Project Management for review and coordination
with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Project Management and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and
Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to Project Management in writing. The Owner, Contractor and Project
Management shall then proceed in the same manner described in Subparagraph 10.1.2.
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10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor and Project Management the names and qualifications of persons or
entities who are to perform tests verifying the presence or absence of such material or
substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor and Project Management will promptly reply to the Owner in writing
stating whether or not any of them has reasonable objection to the persons or entities proposed
by the Owner. If the Contractor or Project Management has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and Project
Management have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Project Management or Architect or anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault
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or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner, Project
Management and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in Section 00110 Proposal Form which are made part of this
Agreement. The Contractor will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments shall be imposed as if the Work commenced on the specified
date and time, except for the Contractor's failure to provide satisfactory evidence of insurance.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Project Management as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
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11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County-owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 The Owner shall require the contractor to furnish Builder's Risk insurance in an amount
equal to the contract cost.
11.3 Public Construction Bond
11.3.1 Not a requirement of this Contract.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to Project Management's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if required
in writing by either Project Management or Architect, be uncovered for their observation and be
replaced at the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which Project Management or Architect has
not specifically requested to observe prior to its being covered, Project Management or Architect
may request to see such Work and it shall be uncovered by the Contractor, if such Work is in
accordance with the Contract Documents, costs of uncovering and replacement shall, by
appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the
Contract Documents, the Contractor shall pay such costs unless the condition was caused by
the Owner or one of the other Contractors in which event the Owner shall be responsible for
payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Project Management or Architect
or failing to conform to the requirements of the Contract Documents, whether observed before
or after Substantial Completion and whether or not fabricated, installed or completed. The
Contractor shall bear costs of correcting such rejected Work, including additional testing and
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inspections and compensation for Project Management's and Architect's services and expenses
made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from the
Architect issued through Project Management, the Owner may remove it and store the salvable
materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such
removal and storage within ten days after written notice, the Owner may upon ten additional
days' written notice sell such materials and equipment at auction or at private sale and shall
account for the proceeds thereof, after deducting costs and damages that should have been
borne by the Contractor, including compensation for Project Management's and Architect's
services and expenses made necessary thereby. If such proceeds of sale do not cover costs
which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency.
If payments then or thereafter due the Contractor are not sufficient to cover such amount, the
Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
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ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
13.2 Successors and Assigns
13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds
himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Project Management.
13.3 Written Notice
13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor:
Pedro Falcon Electrical Contractors. Inc.
31160 Avenue C
Sic Pine Key. FL 33043
For Owner: Director of Proiect Manaaement
1100 Simonton St.. Room 2-216
Key West Florida
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
33040
County Administrator
1100 Simonton St.
Key West Florida
33040
13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
7/28/2010 General Conditions of the Contract for Construction 32
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give Project
Management and Architect timely notice of when and where tests and inspections are to be
made so Project Management and Architect may observe such procedures. The Owner shall
bear costs of test, inspections or approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If Project Management, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, Project Management and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to Project Management and Architect of when and where tests and
inspections are to be made so Project Management and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for Project Management's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to Project
Management for transmittal to the Architect.
13.5.5 If Project Management or Architect is to observe tests, inspections or approvals required
by the Contract Documents, Project Management or Architect will do so promptly and, where
practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
7/28/2010
General Conditions of the Contract for Construction
33
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by the Architect that sufficient cause exists to justify such
action, may without prejudice to any other rights or remedies of the Owner and after giving the
Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of
the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
END OF SECTION 00750
7/28/2010
General Conditions of the Contract for Construction
34
ACORD", CERTIFICATE OF LIABILITY INSURANCE OP 10 JY I DATE (MMlDDIYVVY)
PEDRO-2 05/05/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BUTLER, BUCKLEY, DEETS INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6161 BLUE LAGOON DR., STE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAMI FL 33126
Phone: 305-262-0086 INSURERS AFFORDING COVERAGE NAlC"
INSURED INSURER A: FCCI C~Z'ci.l Insurance CO
INSURER B:
PEDRO FALCON ELECTRICAL INSURER C:
~ON'l'RACTORS, INC.
1160 AVE C INSURER D:
BIG PINE KEY FL 33043-4516
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAJD CLAIMS.
INZIIC N8R~ POUCY NUMBER DA'1~(MMlD"ii"rm .. I D'rT'i{,M'MlDDlVYi LIMITS
LTR TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
- 03/13/10 03/13/11 IlUJI... '..~ KeN I t:u $ 100,000
A X X COMMERCIAL GENERAL LIABILITY GL 00082351 PREMISES (Ea OCCUrer1ce)
- o CLAIMS MADE ~ OCCUR
MED EXP (Any one person) $ 5, 000
-
PERSONAL & ADV INJURY $ 1, 000 , 000
- $2,000,000
GENERAL AGGREGATE
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $2,000,000
n n PRO- nLOC ~
POLICY JECr
AUTOMOBILE LIABILITY \ ~ COMBINED SINGLE LIMIT
- Dr) .~~ (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
~ fZ) (Per person) $
SCHEDULED AUTOS ~.,. ~ 'J-
~
HIRED AUTOS - ~'~ BODILY INJURY
- (Per accident) $
NON-oWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LlABIUTY AUTO ONLY - EA ACCIDENT $
qANYAUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LlABIUTY EACH OCCURRENCE S 4,000,000
A ~ OCCUR D CLAIMS MADE UMB0005173 3 03/13/10 03/13/11 AGGREGATE $ 4,000,000
s
~ DEOUCTlBLE S
X RETENTION $10,000 S
WORKERS COMPENSATION AND 'TORY LIMITS I ,OTH-
ER
EMPLOYERS' LIASIUTY $
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S
g~~I~!~~V~~~NS below E.L. DISEASE - POLICY LIMIT S
OTHER
A INLAND MARINE CMOO044091 03/13/10 03/13/11 RENTAL 205,000
EQUIPMENT LEASED /RENTAL LEASED
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
MOnroe County BOCC is listed as additional insured with respects to General
Liability
CERTIFICATE HOLDER
Monroe Co. Board of County
Comadssioners . MOnroe Co.
Facilities Development
1100 Simonton St., Room 2-216
Key West FL 33040
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPose NO OBUGAnON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTAnVEI.
AUTHO
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
~
..---, · DATE(1MIlCWYYY)
~RD CERTIFICATE OF LIABILITY INSURANCE 0510512010
ntlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFERS NO RIGHTS UPON ntE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFlRMAnvELY OR NEGAnvELY AMEND, EXTEND OR ALTER ntE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONsnTUTE A CONTRACT BETWEEN ntE ISSUING INSURER(S), AUTHORIZED
REPRESENTA nve OR PRODUCER, AND THE CERnFICA TE HOLDER.
IMPORTANT: If the certlflcaa. holder Is an ADDmONAL INSURED, the poIIcyC"') must .. endorsed. If SUBROGAnON IS WAIVED, .ubject to the
....... and condltlolw 01 the policy, c:erWn poIlc... may requl.. an enclorsement. A dII8ment on this certIfIcat8 do.- not confw rights to the
certJflQ. holder In lieu of such encIorHment(.).
PRODUCER
Ellie Mills Insurance Agency, Inc.
20330 Old Cutler Rd
(~ Cutler Bay, FL 33189
No 305-238-8608
Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
Big Pine Key, FL 33043
INSURE . AFFORDING COVERAGI
INSURER A: State Fann Mutual Automobile Insurance Company
HAIC.
21171
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmoN OF ANY CONTRACT OR OTHER DOCUMENT 'MTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHO'NN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
IN_ TYPE OF INSURANCE POLICY NU'" POLICY EF,
GENERAL UA.UTY
INSURER 8 :
INSURER C :
INSURER D :
INSURER E :
INlURER F:
u..-rs
COMMERCIAL GENERAL LlABlUTY
CLAIMS-MADE 0 OCCUR
s
s
s
s
s
s
s
GEM. AGGREGATE LIMIT APPliES PER:
POLICY LOC
A AIITOIIC8LE UA..-rt
ANY AUTO
ALL OWNED AUTOS
X SCHEDULED AUTOS
X HIRED AUTOS
X NON-OV\f4ED AUTOS
007-7437-028-58
0412812010 1012812010 COMBlNEDS'NGLE UMIT S
(Ea acadenI)
aoaL Y INJURY (Per perIOn) S
aoaL Y INJURY (Per acddent) S
PROPERTY DAMAGE
(Per acddent)
1,000,000
o
I
UM8REU.A UAII
DCED UAII
DEDUCTiBLe
RETENTION .
WORKERI COWENM11ON
AND l-..ovmar UAanY
ANY PROPRJETORJPARTNERlEXECUTIVE Y IN
OFFICERlMEMBER EXCLUDED? 0 N I A
'Mind'" In NH)
If y.., deeQ1be WIder
s
s
CERTIFICATE HOLDER
CANCELLA TION
:;~~'E:....___
RECEIVIED RY:._ .
EACH OCCURRENCE
AGGREGATE
DESCRIPTION OF OPERA11ONSI LOCAnoNS I VEHICLES (Attach ACORD 101, Addllonal R.... ~ If men.,... Ie ........
Monroe County Board of County Commissioners
Monroe County Facilities Development
Aft: Ann Rlger
1100 Simonton Street, Room 2-216
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POUClU .. CANCELLED BEFORe THE
EXPIRATION DATE THEREOP, N011CE WILL BE DELIVERED IN ACCORDANCI! WITH THE
POLICY PROVISION..
&1Z1YW1
RPORA nON. All rights reserved.
1001488 132849.4 02-11-2010
'CORD 25 (2009109)
@ 1988- 2001 AC
The ACORD name and logo are registered maries of ACORD
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlVYYY)
10/28/2009
PRODUCER Phone: J05-423-2204 Fax; 786-662-6776 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Allied North America Insurance Brokerage ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERnFICATE DOES NOT AMEND, EXTEND OR
550 Biltmore Way, PH2 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Coral Gables FL 33134 i
I INSURERS AFFORDING COVERAGE NAJC'
! -
INSURED i INSU~~A:National Union Fire Ins Co ~P.i t 19445
Pedro Falcon Electrical Contractors, Inc. I INSURER B:
31160 Avenue C
Big pine Key FL 33043-4516 INSURER c:
----.--...--
INSURER 0;
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELON HAVE BEEN ISSUED TO THB INSURED N~~ED ABOVE FOR THE POLICY PERIOD I~~ICATBD.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BS ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TAB POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS ~VD CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIt. DD POUCY NUMBER POLICY EFFECTlVI POUCyeXPIRATION LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIASIUlY
CLAIMS MACE 0 OCCUR
AUTOMOBILE LlA81UTV
ANY AUTO
. ALL OWNED AUTOS
SCHEDULED AUTOS
I HIRED AUTOS
NO N..owNE 0 AUTOS
EACH OCCURRENce $ ........--..-.-....
S
S
S
S
S
COMBINeD SINGLe LIMIT S
(Ea accident)
BODILY INJURY is
(Per penon)
BOOII. Y INJURY IS
(Per accident)
U PROPERlY DAMAGE S
(Per accident)
AUTO ONLY. EA ACCIDENT
OTHER THAN EAACC
AUTO ONLY: AGG
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION S
A WORKIRSCOMPlNlAnONAHD
EMPLOYER" UAllUTV
ANY PROPRIETORIPARTNERlEXEcunve
OFFICERlNEMSER EXCLUDED?
~~~:l~~vr~~NS below
OTHER
'WC5446016
11/2/2009 11/2/2010 X WCSTA
S.L EACH ACCIDENT S
E.L. DISEASE. SA EMPlovee s
E.L. DISEAse. POliCY LIMIT S
~ . ~~on(oe COlJn~
.l(:!1t11(~') ()9~ ~I
. /.:. ()pment
GARAGI! UA81urv
ANY AUTO
!XceSSIUM8MLLA UABIUTY
OCCUR 0 ClA'MS MADE
DESCRIPTION Of OPERATION' I LOCATIONS' veHIC..../IXCLUSIONS ADDID BY ENDORSEMlNT / SpeCIAL PROVISIONI
. !"AI:.
}ECE,~;O-BY~
CERTIFICATE HOLDER
Monroe COtL."1.ty
Board of County Commissioners
1100 Simonton Street, Room 2-216
Key West FL 33040
CANCELLATION:] 0
SHOULD ~VY OF THE ABOVE DESCRI.BBD POLICIES BE CANCELLED
BEFCRB THg EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ~1)BAVOR TO MAIL 30 DAYS WRI'1"l'EN NOTICB TO THB
CERT!FlCATE HOL03R NAM!D TO THE L3FT, aOT FAILURE TO DC SO
SHAL.i.I IHPOSS NO OBLIGATION OR LIABlr..ITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
ACORD 25 2001/08
AUTHORtZlD REPRESENTATIVI ~"'J /.~ / ~
/~I -" ~ 2:~
'- ~ .
, ~CO~:'f\
.~V-. -- ~
'_~J 0
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
SECTION 00110
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
clo PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
BID FROM: Pedro Falcon Electrical Corltractors, rnc.
31160 Avenue C
Big Pine Key, FL 33043
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
EAST MARTELLO SA THROOM RENOVATION 3501 SOUTH ROOSEVELT BLVD. KEY
WEST. FLORIDA 33040
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
Documents 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.
The Base Bid shall be furnished below in words and numbers. If there is an
inconsistency between the two the Bid in words shall control.
Twenty nine thousand nine hundred forty two and zero cents
(Total Base Bid- words)
$ 29,942.00
(Total Base Bid - numbers)
Dollars.
I acknowledge Alternates as follows:
ADD ALTERNATE NO.1:
6/22/2010
PROPOSAL FORM
00110-3
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
ADD
N/A
Words
,. ..
Numbers
I acknowledge receipt of Addenda No.(s)
No.~Dated July 15, 2010
No._Dated
No._Dated
No._Dated
No._Dated
Bidder, states by his check mark in the blank beside the form and by his signature that he has
provided the following forms (located in Section 00110):
a. Proposal Form XX ,
b. Bid Security (Bid Bond) XX ,
c. Non-Collusion Affidavit XX,
d. Lobbying and Conflict of Interest Clause XX ,
e. Drug-Free Workplace Form xx,
f. Subcontractor Listing Form }]{,
g. Bidder's Insurance and Indemnification Statement XX ,
h. Insurance Agents Statement (signed by agent)~, and
i. Local Preference Form and requirements (if applicable),
In addition, Bidder states that he has included a certified copy of Contractor's License, Monroe
and County Occupational License. (Check mark items above. as a reminder that they are
included.)
Mailing Address:
Pedro Falcon Electrical Contractors, Inc.
31160 Avenue. C
Big Pi.ne KeY!i FL 330l~3
Phone Number:
(305) 872-2200
Date:
07/27/2010
Signed:
~
Christian Brisson
(Name)
/'
. '
I .I ;
as Presi.derl.t
\' "
- .
, ,
(Title)
Witness:
(Seal)
6/22/2010
PROPOSAL FORM
00110-4
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
SECTION 00110
NON-COLLUSION AFFIDAVIT
I, Christian. Brisson of the city Big Pi.ne Key, FL
according to law on my oath, and under penalty of pe~ury, depose and say that:
1. lam President
of the firm of Pedro Falcon Electrical Contractors, Inc.
the bidder making the Proposal for the project described in the notice for calling for bids for:
E. Martello BCi.throofi! Renovations Projec.t - Key West
and that I executed the said proposal with full authority to do so;
STATE OF:
COUNTY OF:
2.
The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3.
Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
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; and
4.
5.
The statements contained in this affidavit are true and correct, and made with full knOWledge that
said project. ./_ ~ ~ ~
~ ~ 07i27j2010
(~~re~er) (Date)
Fl.ORIDA
MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Christian Brisson
on this
who, after first being sworn by me. (name of individual signing) affixed his/her signature in the space provided above
day of
27
July
,20 1 0 .
NOTARY PUBUC-STATE or lLORmA
:\'''''''' La A S
'!I~~ ~~ ora turgeon
l JCommission #DD708166
11 ~ 'D_ ·
~",..",,~ ~pJreS: OC'f 09. 2011
My commission ex~f~'J'BRl1 A'lLAHTICBONDINGco.,mc.
- O~frn
6/22/2010
00110-6
PROPOSAL FORM
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" Pedro Fa.lcon Electrical Contractors, Inc.
(Company)
... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
p~
(Signature) Christian Brisson, as Presi.der.t
Date:
0;' /27 /2010
STATE OF:
FLORID~.
MO~TROE
COUNTY OF:
by
Subscribed and sworn to (or affirmed) before me on
Christi.an Erisson
July 27, 2010
(date)
(name of affiant). He/~ is personally known to me
or has produced
identification)
NA
as identification. {Type of
N~~PUBUC.sTATEOFFLORIDA Q~
~' '~ Laura A Sturgeon '//1-,.
I ~ .. ~ ~J
\~JCOll!nusSlOD#DD708166 TARY -UBLlC- - 1fP1
~".."", ExpIres: OCT. 09,2011
BONDKD TURD ATLANTIC BONDING eQ,me.
My commission expires:
6/22/2010
PROPOSAL FORM
00110-7
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Pedro Falcon Electrical Contractors, Inc.
(Name of Business)
1. Publishes 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. Informs 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. Gives 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), notifies 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. Imposes 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. Makes a good faith effort to continu~ 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.
?Z:::--~
Christian Bri.sSifWers Signature as President
07/27/2010
Date
6/22/2010
PROPOSAL FORM
00110-8
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Pe.dro Falcon.
Name of Bidder/Responder Electr'ical Contractors, IncDate: 07/27/2010
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? yes (Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County? yes
List Address:
BlJi60 Avenue Ct Big Pine Key, FL :,304.3
Telephone Number:
305-872-2200
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to
local businesses meeting the criteria above as to licensing and location? yes
If yes, please provide:
1. Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
see attached list
Tel. Number see attached list
~
Signature a dIe of Aut orized Signatory for
Bidder~esponder
Print Name: Christian Brisson, as President
STATE OF
FLORIDA
COUNTY OF
MONROE
On this -Eday of Jul;Y20~ before me, the undersigned notary public, personally appeared Chri stian
BrissOI'l , known to me to be the person whose name is subscribed above or who produced
NA as identification, and acknowledged that he/she is the person who executed the above Local
Preference Form for the purposes therein c tained.
~
l,aUI'a A<< Sturgeon
Print Name
NOTARY PUBUC-STATE OF FLORIDA
~,~t"'" .,~ Laura A. Sturgeon
~COmmission # DD708166
,. Expires: OC'I 09, 2011
TIIIlT ATtAlmCIONDING co.. Ileal
My commission expires:
6/22/2010
PROPOSAL FORM
00110-9
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
This document is a business tax receipt.
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305)809-3955
Business name
Location addt',
Lie Nbr/Class
Issue date
Lie Fee .
Penalty
Total'.
PEDRSH:t'~AL{~;6N'cr;'J;..~g:r~'I<tAr. CQNTR ct 1 nbr
4028
b'~ ~~:; . '.....' If:.. :vi."~""" , : ~W'.' r" ,...f. . j ~ .
\$!. 1Yt ;f. ........r~~;Ji~. ~". ~. J.;;7~~;~~~::~:f'1 ~: .,f
.... ... ~ ,,~. .. \' ~ j t ,- .,,,,- .1'..... ."'.' ~ .,. . ~
Th is do cum~t m:tt:; .:~:~~ji;i;fi~4~i','~ ~r~Wi sjli ayed.
'l:V:, Fl,1;,l ~_ ~ ~ r. .~, "'.e....... .....<'h... " ,..,'4 (" ..~.
'1-, """ .,. \ t " .~~i%....""' - ~"'!'~::!...,~- '\ ;.. > ~~
.~ if... r"r.. '~~;"J'~7~.~ia>~ . "'..~ \\, ,~.; A) ~
PEDRON FALCON ELECTRICA~ COlJ;~R<".... '~ ~~n~ [t~<. > ~_.fll
311 6 0 AVENU '.,,^ 7F'-, ~ ~>" ",.t .r'U,
E C r"'C<tt~~", -<.... 'l.} .~ ( \ \~, ~<,Y;1A L'C .Q. N j.' _p~ @.R 0
BIG PIN EKE Y F L 3 3 0 4 3 '''r'<i::''<'J';.r';tz;.;z'Z':.;.:;T.1J.,i." j~ ~ ~ ~ ',7;: ~~;~~ ~ ': ?C cd;t :'}:
i.~ :c. . f ~ ~. ~ ~ .
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l2'::5, :,~
'~ .' I>.: :.
; '.. .' "d ~;';','
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
This document is a business tax receipt.
Hold~r must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305)809-3955
Business name
Location addr
Lie Nbr/Class
Issue date
Lie Fee'
Penalty
Total .
" ~.4 " . " '''.'~; ,... ....,
.(.~~..."'" .~,....':" .... Oft ~~".,:
PEDRQ'~":.F'ALC-d;N E;t;-EC~.R,tCAL (~d.c;)
l~' ." , * . ~;.(... ::, ~~.. ~ f" ..",,~,
· 3 11 6-:0 1:l V E ~~~ -l'-;:..,i', ,"" .~ ::.. ,'~4',... 1 . "..
· o9~o<t:l'1'6~;:>~' :2'/;lNqi.~A~~~b~~. - ,'P;F.~'~' GENERAL CONTRACTOR
.:o.t; <' '.. f :l'.;.!~' ~". .-';,i>'f.......:~J.o- ~ll ,', ",. . ~'r'\ .;'"
?/~ 1 S/1;O d' :/~) ~.~~~~~~i'~~B.:t~i..,o n rdA:t?e" .' ::: ~ 9/30/0 9
ctl nbr ·
1763()
T his doc u m e-~ t ~.s ~~;~b~":~f:.~f'o'm f:ii fi'n":~l., ';:Jl~ i ~;p: 1 aye d .
P ED R 0 F ALe 0 N E L E C T R I ~ ~f:;:2:~~ ';~~~~~;j~~::,,:~il~~~"" <:~~:}jPC - I E R
31160 AVE C ".~(>:I... f,.t 'f'i' ~,. 'CtfRlI5'f~>AN"'-<.J3RISSON, QUAL1F
BIG PINE KEY F L 3 3 0 4 3 ":;:', ':';~ ;f~L:':?;':;: .>:C/} ~ ~h ;.:;' ~l;:c ~ : ~ ?: ? ~ ~;,; -;; ':.~~~~ ":,
~:.;.;/ t,~ -'':"
~w~!~~t~~1'$~~r~~~tl~r~tf;Ji?tJ1rf~t~$r~~f,..:.~~~.^.,.>!~'fit~t.1~~':'
~~.. 2008 I 2009 ,.....
~i; MONROE COUNTY BUSINESS TAX RECEIPT
I) EXPIRES SEPTEMBER 30, 2009
.~~.(. ~ Corp. Name: PEDRO FALCON ELEqRlc;Al :COIfT INC RECEIPTif 30140-66545
~~ Owner Name: FALCON PED~9.':9.Y(N_E~::: " '. . .,
~4i ~ Mailing Address: BRISSON CHIUSPAN'QUAl BU.Si:ne.s.~.. ':~~...':;..:ti~n: 31160 AVE C
,~.. ! 31160 AV~~t,... -.- ., '. "'..., BIG PINE KEY, FL 33043
~ '~ BIG PIN~,k.EY,: FL 33043 Buslne$s Ptlorie~. \ 305-872-2200
I BU$'nessty~e:"::.. \ CONTRACTORS
.. . ..........'.~ .? \ (CONTRACTORS GENERAL)
: .f'. ..
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THIS IS ONLY A TAX. YOU MUST,"
MEET ALL COUNTY AND/OR
MUNIClPAUlY PLANNING AND f
ZONING REQUIREMENTS. I
I
---.....-............, ~
Sea~
o
Stalls
...;....:>.)}<(<...~":,, ::: ;"; :....:.::: ,:'l,J'
P A I J - 211-0 7 - 000 0 all?" ..~.q7".j;a/2 DO a
25.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT
WHEN VAUDATEO
Danlse D. Henriquez, Cr=c. Tax Collector
PO Box 1129, KeyW~ FL33041
1--_._.-~"--2008i2009'-
J MONROE COUNTY BUSINESS TAX RECEIPT
f EXPIRES SEPTEMBER 30, 2009.
: .~;i.~. :""
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MEET ALL COUNTY AND/OR i ~
31160 AVE C
BIG PINE KEY, Fl 33043
305-872-2200
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT
WHEN VALIDATED
Danise D. Henriquez, CFC, Tax Collector
PO Box 1129, Key West, fL 33041
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dgv:PO 60 ~ ~ unr
2009 I 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
Business Name: ATLANTIC PLUMBING OF THE KEYS INC
RECETPT# 30 t 40-89009
O~vncr Nar:1c: TIMOTHY HOWANITZ
f'4alling Address: 5585 SECOND AVE #1
KEY ~JEST, FL 33040
Business Locatron: MO CTY
KEY W~STI FL 33040
Business Phone: 305-296-1430
Business Type: CONTRACTORS (PLUMBING
CONTRACTOR)
Rooms
Seats
Employees
1
Machjnes
I
Sta lis
COMP CARD
PC 460 EXP 10/31/09
;Number of Machines. :.
Tax Amount Transfer Fee
$20.00
For Vending Business Only .
--Vcndln .~f c: M _. - .
Prior Years CoUecUon Cost
PAID-1D5-aa-ODOOb9b3
D8/0~/20D9 20.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT
WHEN VALIDATED
Danise D. Henriquez, CFC, Tax Collector
PO Box 1129, Key West, FL 33041
THIS IS ONLY A TAX. YOU MUST
MEET ALL COUNTY AND/OR
MUNICIPAUTY PLANNING AND
ZONING REQUIREMENTS.
.
. . ..- ... .-.-. ..... . ... ..---. .... . _"",,.~A''-'~III''!. ~",. ,....~'.. D......,"='.~.. '.~~e_"'"J:..~.~.'---.::::~,,:,::,:,:f'?:W':..
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L vOv-v6G-90~
BU!qLUnld O!lU8IlV'
890:60 0 ~ 82: Inr
EAST IvIARTELLO BATHROOIvI RENOVATIONS PROJECT-KEY WEST
SUBCONTRACTOR LISTING FORM
Division
Subcontractor
Contact Person
Ph # w/area code
Fax:
Cell:
Address
09 Creative Floor & Surfaces
Finishes
Brooks Thommes
305-745-8502 305-745-8546 305-304-4855 24750 Overseas Hwy.
Summerland Key, FL 33042
15 Atlantic Plumbing
Plumbing
Tim Howanitz
305-294-4042 305-294-4047 305-896-1199 5585 2nd Ave. #1
Key West, FL 33040
6/22/2010
PROPOSAL FORM
00110-10
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
BIDDER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
Statutory Limits
$100,000/500,000/100,000
General Liability, including
Premise Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
$300,000 Combined Single Limit
Vehicle Liability (Owned. nonowned. and hired vehicles)
$100.000 Combined Single Limit
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY'S elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by t any indemnified party by reason of, or in connection with, (A) any activity of Contractor or
any of its employees. agents, contractors in any tier or other invitees during the term of this
AGREEMENT, (8) the negligence or willful misconduct of Contractor or any of its employees, agents,
contractors in any tier or other invitees, or (C) Contractor-s default in respect of any of the obligations that
it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of
action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier
termination of this AGREEMENT.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for
the above.
In the event the completion of the project (including 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Pedro Falcon Electrical
Contractcrs, In~.
Bidder
Si ature Christiart BrJ.sscn, as Presi.der:.t
6/22/2010
PROPOSAL FORM
0011 0-11
EAST MARTELLO BATHROOrv1 REt~OVATIOt~S PROJECT- KE'{ 'vVEST
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named above. The following
deductibles apply to the corresponding policy.
POLICY
/7 ' /........ ~, --''''- ,
(~/~ () (j ~ 0 ~) ") -
l ) \.(~~- ~~ O(~~) 0 , '-) '3~~'
DEOUCTIBLES
$ (J
~1 ( 0 I ()(':;O "':":4= \~-
.
Liability policies are _~rrence
Claims Made
~~~-
Sign
'I> 'l j , -- - ,L
c..~tJ t~e 1~ ~~ /:'-/~T ~ /)~ J.-
Insurance Agency
END SECTION 00110
6/22/2010
PROPOSAL FORM
00110-12
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the Bidding
Documents as previously instructed herein.
Item Description Pages
1. Proposal Form 3-4
2. Bid Bond (Bid Security) 5
3. Non-Collusion Affidavit 6
4. Lobbying and Conflict of Interest Clause 7
5. Drug-Free Workplace Form 8
6. Local Preference Form 9
7. Subcontractor Listing Form 10
8. Bidder's Insurance and Indemnification Statement 11
9. Insurance Agent's Statements 12
10. Contractor License
Current Copy to Be Submitted with Bid
Subcontractor Licenses to Be Submitted Prior to
Award of Notice to Proceed
11. In order to determine if the persons or entity submitting bids are responsible, all
bids for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five (5) percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a
list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of
documentation demonstrating that the entity is a legally viable entity shall be
attached.
Christian Brisson, documentation showi.ng enti ty is legal
is attached.
B. A list of the officers and directors of the entity;
Christian Brisson, President - 100%
C. Relevant Experience: The number of years the person or entity has been operating
and, if different, the number of years it has been providing the service, goods, or
construction services called for in the bid specifications (include a list of similar
projects); see attached
D. The number of years the person or entity has operated under its present name and
any prior names; Incorporated May 1985, has not operated und er any
prior names.
6/22/2010
PROPOSAL FORM
00110-1
EAST MARTELLO BATHROOM RENOVATIONS PROJECT- KEY WEST
E. Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details.)
No
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person or entity, or its officers or general partners? (If
yes, provide details.)
No
c. Has the person or entity, within the last five (5) years, been a party to any law
suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? (If yes, provide details.)
No
d. Has the person or entity ever initiated litigation against the County or been
sued by the County in connection with a contract to provide services, goods or
construction services? (If yes, provide details.)
No
e. Whether, within the last five (5) years, the Owner, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an officer,
general partner, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the
request for bids;
No
f. Customer references (minimum of three);
See attached
g. Credit References (minimum of three);
See attached
h. Financial statements for the prior three years.
( "Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a proposal for a
road or any other public works project is exempt from s. 119.07(1) and
s.24(a), Art. 1 of the State Constitution.")
Financial Statement is attached, Proprietary and Confindential.
6/22/2010
PROPOSAL FORM
00110-2
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Florida Profit Corporation
PEDRO FALCON ELECTRICAL CONTRACTORS INC.
Filing Information
Document Number H58348
FEI/EIN Number 592550231
Date Filed OS/21/1985
State I=L
Status J~CTIVE
Principal Address
31160 AVE C
BIG PINE KEY FL 33043 US
Changed 01/16/2004
Mailing Address
31160 AVE C
BIG PINE KEY FL 33043 US
Changed 03/18/1997
Registered Agent Name & Address
BRISSON, CHRISTIAN N PDS
31160 AVENUE C
BIG PINE KEY FL 33043
Name Changed: 07/07/2010
Address Changed: 02/19/1999
Officer/Director Detail
Name & Address
Title PDS
BRISSON, CHRISTIAN N PDS
31160 AVE C
BIG PINE KEY FL 33043 US
Annual Reports
Report Year Filed Date
2009 01/26/2009
2010 02/01/2010
2010 07/07/2010
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www.sunbiz.org - Department of State
Page 2 of2
Document Images
07/07/2010 -- ANNUAL REPORT [ YiewimagE!in PD,Fformat ]
02/01/2010 -- ANNUAL REPORT [ V~eYJif!1~g~J~PQFf.orQ'lat J
01/26/2009 -- ANNUAL REPORT [, .., Vi~~jrnClg~inPDEf()l111C1t ]
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01/11/2007 -- ANNUAL REPORT [ Vi~\yil11ag~ .~I1,~QF.f()rrrt,Cl~,., ]
01/30/2006 -- ANNUAL REPORT [ V~~VVirnCla~i,.LPc>fform~t. .J
03/28/2005 -- ANNUAL REPORT [ View irp~.g~..i~ PpF.f()rrnCl~ ]
01/16/2004 -- ANNUAL REPORT [.Y~e,^,iJ~~g~,i~.~Q.FfQr~Cl~ J
02/27/2003 -- ANNUAL REPORT [ :Viey!il!lageh, P[)F fO~IJ1,at ]
03/06/2002 -- ANNUAL REPORT [ ,. Vie'^'. il11agein pDF fOrJJl~t ]
01/26/2001 -- ANNUAL REPORT [ YiE!,~~ilJl~ge,~n.~ep~FJ9r.IJ)~t~J
02/20/2000 -- ANNUAL REPORT [Vi(!y!imageiI'lEQFjormat" J
02/19/1999 -- ANNUAL REPORT [_ YieW~"'Ci9~ il'lPPFform~t J
03/03/1998 -- ANNUAL REPORT (h ' Vi.E:?VI!. irna9~ln ~I;>E fQrro~l. J
03/18/1997 --ANNUAL REPORT [ ,Vi~~imCl9.eloppF forrn~t" J
04/30/1996 -- ANNUAL REPORT [ YLewJm~g,e. ~,~ ~1:?F:,f()rfT,lClt, ]
03/20/1995 -- ANNUAL REPORT [, .. V,,~'!t'jr1J~g.~,irleQFforl'T1a~ ,]
I Note: This is not official record. See documents if question or conflict.
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EAST :rvlARTELLO BA THROOlVI RENOVATIONS PROJECT - KEY WEST
SECTION 00100
BID PROPOSAL
Continued, Item Number 10 from page pO 110-1 :
10. C. Relevant Experience: The number of years the person or entity has been
operating and, if different, the number of years it has been providing the
service, goods, or construction services called for in the bid specifications
(include a list of similar project);
Pedro Falcon Electrical Contractors, Inc. has successfully completed countless
projects in Monroe County, which include all disciplines of the construction
industry for the past 25 years. Projects include the historic restoration of the u. S.
S. Maine-Winslow Burial Plot to complete new buildings and renovated
structures. In summary, Pedro Falcon Electrical Contractors, Inc. has the ability,
knowledge, resources and team to give Monroe County a superior, well-built
project.
Similar Projects:
Big Pine Key Fire Station # 13
Big Pine Key Community Park
DIB Building 284, NAS
Building A-324, NAS
Long Key Park Ranger's House
10. F. Customer references (minimum of three);
Monroe County Facilities Development
1100 Simonton Street, Rm. 2-216
Key West, FL 33040
Jerry Barnett, (305) 292-4429
Joint Interagency Task Force South
SOCOM, Contracting Div. Attn: J-4
P.O. Box 9051, NAS
Key West, FL 33040
Sharon Kennan or Lori Balla
(305) 293-5689
NA VF AC, Southeast, FEAD
Bldg. A-629, NAS
P. O. Box 9018
Key West, FL 33040
Jeanette Sweeting
(305) 293-3499
EAST MARTELLO BATHROOM RENOVATIONS PROJECT - KEY WEST
SECTION 00100
BID PROPOSAL
Continued, Item Number 10 from page 00110-1 :
10. (;. Credit References (minimum of three);
First State Bank of the Florida Keys
1201 Simonton Street
Key West, FL 33040
Shana Casey
(305) 872-4778
Bella Construction of the Keys
5615 Third Avenue
Key West, FL 33040
E. Braswell
(305) 294-2957
Rexel Consoliated
504 Angela Street
Key West, FL 33040
Jim Groff
(305) 296-6581
Concrete Analysis & Testing
Laboratories, Inc.
P. O. Box 500875
Marathon, FL 33050
Lisa Littlefield
(305) 743-5555