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05/16/2012 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: May 31, 2012 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contract Administrator FROM: Pamela G. HancoA . At the May 16, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C28 a Contract with Mailloux & Sons for the Lower Keys ADA Compliance Segment #2. C.o T . Enclosed is a dttplicat4 erigin4 of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File,/ Page 1 of 2 Pam Hancock From: "Pam Hancock" < phancock @monroe- clerk.com> To: "Riger -Ann" <Riger- Ann @MonroeCounty- FL.GOV> Cc: "Cassel -Nat" < Cassel- Nat @monroecounty- fl.gov> Sent: Thursday, May 31, 2012 11:21 AM Subject: Re: Mailloux & Sons, Inc. Ok. Just wanted to make sure of that - I will execute and get to you. Thanks. - - -- Original Message - - - -- From: Rioer -Ann To: 'Pam Hancock' Cc: Cassel -Nat Sent: Thursday, May 31, 2012 11:14 AM Subject: RE: Mailloux & Sons, Inc. The reason the last attachments say I and 2 etc. of 175 is because those are the work sheets that were used on the bid package. The entire bid package was 175 pages. I included only the worksheets on the contract because they itemize the costs involved for each location. Good duestion Thanks. Ann M. Riger Contracts Administrator Monroe County Engineering /Project Management /Wastewater 1 100 Simonton Street Room 2 -216 Key West, FL 33040 Phone: 305 292 -4439 Fat: 305 295-4321 From: Pam Hancock [mailto :phancock @monroe- clerk.com] Sent: Thursday, May 31, 2012 11:12 AM To: Riger -Ann Subject: Re: Mailloux & Sons, Inc. They are the last of the attachments. When you open through the County's website the numbers will show top right hand side. - - - -- Original Message - - - -- From: Riger-Ann To: 'Pam Hancock' Cassel Nat Sent: Thursday, May 31, 2012 11:06 AM Subject: RE: Mailloux & Sons, Inc. Where do you see pages 1 of 175? Ann M. Riger Contracts Administrator Monroe County Engineering /Project Management /Wastewater 1100 Simonton Street Room 2 -216 Key West, FL 33040 Phone: 305 292 -4439 Fax: 305 295 -4321 5/31/2012 Page 2 of 2 From: Pam Hancock fmailto :ohancockCaamonroe- clerk.coml Sent: Thursday, May 31, 2012 10:28 AM To: Cassel -Nat; Riger -Ann Subject: Mailloux & Sons, Inc. Importance: High Hi Nat, I have just received the above - mentioned contract from Elaine to execute. Before I executed the document I wanted to bring to your attention that the paperwork attached, listed as pages 1 of 175, was missing numerous pages. What was sent for execution matches what was presented to the BOCC; however, I wanted to make sure that it was not an oversight. It is missing, 21 to 31, 33 to 36, 39 to 53, 55 to 59, 62 to 64, 67 to 70, 73 to 75, 77 to 79, 81 to 84, 87 to 94, 97 to 104, 106 to 110, 112 to 114, 117 to 121, 123 to 124, 126 to 135, 137 to 141, 143 to 148, 151 to 155, 157 to 159, 162 to 164, 167 to 170, 172 to 175. 5/31/2012 ADA COMPLIANCE SEGMENT # 2 Agreement Between Owner and Contractor THIS AGREEMENT made as of the Sixteenth day of May, the year of Two Thousand and Twelve, BETWEEN the Owner: Monroe County Board of County Commissioners (Name and address) 500 Whitehead Street Key West, Florida 33040 and the Contractor: Mailloux and Sons, Inc. (Name and address) 150015 th Ave Drive E., Suite 103 Palmetto, FL 34221 For the following Project: ADA COMPLIANCE SEGMENT # 1 Monroe County, FL. Facilities Located Between MM 47 —MM0 The work consists of numerous and varied construction projects created to update certain County facilities and to bring the facilities into compliance with the Americans with Disabilities Act of 1990 (ADA) and Amendments thereto. The facilities are located in Monroe County, FL., between MM 47 — MM 0 along US Highway No. 1. The Contractor's work will include, but is not limited to, the items delineated in Section 01760 of the Proposal documents, and in the requirements of the Community Development Block Grant (CDBG). This Section describes in some detail the 29 Facilities, where the work will be required. The Section provides preliminary sketches and photos of anticipated projects, for illustration purposes only. County does not guarantee the accuracy of the designs and CONTRACTOR will be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements and to obtain required permits. If the ADA requirements differ between State and Federal requirements, the "more stringent" requirement shall be used in construction. Contractor shall provide for approval all drawings and technical specifications to Monroe County Project Management prior to construction. Project Management: The Director of Project Management Monroe County Project Management 1100 Simonton Street Second Floor — Room 2 -216 Key West, Florida 33040 The Owner and Contractor agree as set forth below. ARTICLE 1 CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 2 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, Project Manual dated January, 2012, requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental Conditions, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work as specified in the Project Manual for this project, Section 00300. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date specified on the Notice to Proceed issued by the Director of Project Management. Due to the grant funding constraints, the Contractor shall achieve Substantial Completion of the entire Work not later than February 11 2013 Final Completion shall be on or before March 11, 2013. Work shall begin upon 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 payable to Owner 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. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Lump Sum Amount of Four Hundred Thirty -Three Thousand Five Hundred CONTRACT BETWEEN OWNER AND CONTRACTOR FIRST SECOND 31ST DAY & 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 Lump Sum Amount of Four Hundred Thirty -Three Thousand Five Hundred CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 2 Ninety Dollars and 00/100 ($433,590.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Lump Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: 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, 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 may require. This schedule, unless objected to by the Director of Project Management, 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. 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 net cost to the Owner as indicated in the approved Schedule of Values for that line item as confirmed by the Director of Project Management. 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 CONTRACT BETWEEN OWNER AND CONTRACTOR 3 ADA COMPLIANCE SEGMENT # 2 5.6.4 Subtract amounts, if any, for which the Director of Project Management 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 necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. 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. 7.3 Temporary facilities and services: N/A 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 Proposals 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 Contractor shall determine all permits, impact fees, inspections, testing and survey (and fees required by same) required by Federal, State, Municipal or Utility bodies having jurisdiction over the project. The Contractor shall secure and pay for all permits, impact fees and inspections up to $15,000.00 (Fifteen Thousand Dollars) total for permits, impact fees and CONTRACT BETWEEN OWNER AND CONTRACTOR 4 ADA COMPLIANCE SEGMENT # 2 inspections. Those fees for permits, impact fees and inspections that exceed a total of $15,000.00 shall be the responsibility of the Owner. All survey costs remain the responsibility of the Contractor. The County will assess County Building Permit Fees and County Impact Fees. The cost of all testing, and surveys for the project site /building shall be paid by the Contractor. The Contractor is required to secure all such permits, impact fees, inspections, testing, surveys, and to provide all installation, permitting, required for the execution of the Contract. 7.7 The Contractor shall be responsible to secure and pay for all testing services of an independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or governing authorities. Contractor shall include the cost of all inspection and testing fees in his proposal. 7.8 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, and in accordance to the Department of Community Affairs CDBG Supplemental Conditions attached hereto as Section 01750. 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. 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 in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 2 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. 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 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 ss. 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 ss. 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, ss. 523 and 527 (42 USC ss. 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) Section 01750 Department of Community Affairs CDBG Supplemental Conditions; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 2 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. 1) 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. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Owner 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. 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. CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 2 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) 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) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) 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) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation o f liability under this contract shall be not less than $1 million per CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 2 occurrence pursuant to F. S. 725.06. 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. 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. 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, or as outlined in the attached Section 01750 Department of Community Affairs CDBG Supplemental Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, Project Manual dated January, 2012, requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental Conditions, 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. 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 January 2012, including the CDBG Supplemental Conditions and other requirements under the CDBG. CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMTLIANCE SEGMENT # 2 9.1.4 The Specifications are those contained in the Project Manual dated January 2012 and as listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Preliminary Sketches and Photos issued by Project Management for the construction of the ADA COMPLIANCE SEGMENT # 2 9.1.6 The Addenda, if any, are as follows: N/A Number Date Pages 1 February 28, 2012 1 2 March 6, 2012 9 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: Required county forms and insurance documentation, and all forms, deliverables required by the CDBG Program and requirements under the ADA and Amendments thereto. 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 to Project Management for use in the administration of the Contract, and the remainder to the Owner. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW CONTRACT BETWEEN OWNER AND CONTRACTOR 10 ADA COMPLIANCE SEGMENT # 2 r ecution by the Contractor must be by a person with authority to bind the entity. SiGNA7 RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICES: OF THE ENTITY. ` F (SEAL) BOARD OF COUNTY COMMISSIONERS >, Attest. DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA B ,y. By - /0� Deputy Clerk Mayor /Chairman Date s �� 6 2 ° Z- (SEAL) CONTRACTOR MAILLOUX AND SONS, INC. Attest: e By. By: / 0 Print Name: Print name: 40(c Title: Title: r z5 v . Date: Date: W 1 And: MONROE COUNTY ATTORNEY By: APP VED AS TO F M: Print Name: ATIL ENE W. CASSEL Title: AS ISTAN C UNTY ATTORNEY Date: Date STATE OF FLORIDA /►� a C COUNTY C ��( e— On this _�/ day of D14 , 201 before me the undersigned notary public, Personally appeared J400 r 1AtLA c-- —known tome :o be the Person whose name is subscribed above or who produced _ As identification, and acknowledged that he /she is the person who ex(; CUted the above contract with Monroe Coun y for the construction of ADA COMPLIANCE SEGMENT # 2 _ for the purpqs6s_)hereir4containe — ni y , ` —t Notary Publi I / w Print Name a My commission expires: Seal N AIM. STETHEM Cli N MY COMMISSION # DO 880999 EXPIRES: April 14, 2013 Bonded Thru Notary Public Underwriters CONTRACT BETWEEN OWNER AND CONTRACTOR 11 u 0 ri n 0 7J D ADA COMPLIANCE SEGMENT # 2 General Conditions of the Contract for Construction Where Project Management is Not a Constructor Table of Articles 1. General Provisions 8. 2. Owner 9. 3. Contractor 10. 4. Administration of the Contract 11 5. Subcontractors 12 6. Construction by Owner or By Other 13 Contractors 7. Changes in the Work 14 Time Payments and Completion Protection of Persons and Property Insurance and Bonds Uncovering and Correction of Work Miscellaneous Provisions Termination or Suspension of the Contract GENERAL CONDITIONS 1 ADA COMPLIANCE SEGMENT # 2 ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, Project Manual dated January 2012, requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental Conditions, 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. 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 Project Management. 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 entered into with the same formality as this Agreement. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Owner and a Subcontractor or (2) 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 Contractor. 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 which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts. 1.1.5 The Drawings: 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. Section 01760 of the Proposal Document provides preliminary sketches and photos of the anticipated projects, for illustration purposes only. County does not guarantee the accuracy of the designs and CONTRACTOR will be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements, requirements of CDBG, and to obtain required permits. 1.1.6 The Specifications: The Specifications for this project shall be the latest requirements for compliance with the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments thereto, or applicable State law, whichever are the most stringent. 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. GENERAL CONDITIONS 2 ADA COMPLIANCE SEGMENT # 2 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(s), become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 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 required 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 Not used 1.3 Ownership and Use of Section 01760 Drawings, and Other Documents 1.3.1 Section 1760 provides preliminary sketches and photos of anticipated projects, for illustration purposes only. This Section, prepared by Project Management, are instruments of Project Management through which the Work to be executed by the Contractor is described preliminarily. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or materialmen or equipment supplier shall own or claim a copyright in this Section or any part thereof and other documents prepared by Project Management. 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. Section 01760 and other documents prepared by Project Management 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 Section 01760 and other documents prepared by Project Management 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 sketches, photos and other documents prepared by Project Management. 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 N/A 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. GENERAL CONDITIONS 3 ADA COMPLIANCE SEGMENT # 2 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a 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 has furnished at Section 01760 of the Proposal Documents preliminary sketches and photos of anticipated projects, for illustration purposes only. County does not guarantee the accuracy of the designs and CONTRACTOR will be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements and to obtain required permits. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Section 01760 and Project Manuals as are reasonably necessary for execution of the Work, with the exception of those drawings, surveys or other documents that the Contractor has determined are necessary to augment or replace the preliminary illustrations, drawings and photos. 2.2.6 The Owner shall forward all communications to the Contractor through Project Management. 2.2.7 Not used. 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. GENERAL CONDITIONS 4 ADA COMPLIANCE SEGMENT # 2 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three -day period give the Contractor a second written notice to correct such deficiencies within a three -day period. If the Contractor within such second three -day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Project Management 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 errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner 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. 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, 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 at once. CONTRACTOR will GENERAL CONDITIONS 5 ADA COMPLIANCE SEGMENT # 2 be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements and to obtain required permits. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of 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 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. GENERAL CONDITIONS 6 ADA COMPLIANCE SEGMENT # 2 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 preliminary sketches and photos provided by Section 01760 and State and Federal requirements so that the progress of the Work is not adversely affected 3.5 Warranty 3.5.1 The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by Project Management, 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 Contractor shall determine all permits, impact fees, inspections, testing and surrey (and fees required by same) required by Federal, State, Municipal or Utility bodies having jurisdiction over the project. The Contractor shall secure and pay for all permits, impact fees and inspections up to $15,000.00 (Fifteen Thousand Dollars) total for permits, impact fees and inspections. The County does not waive any County Building Permit Fees, County Impact Fees or other fees required by Federal, State Law and local ordinance. Those fees for permits, impact fees and inspections that exceed a total of $15,000.00 shall be the responsibility of the Owner. All survey costs remain the responsibility of the Contractor. The cost of all testing, and surveys for the project site /building shall be paid by the Contractor. The Contractor is required to secure all such permits, impact fees, inspections, testing, surveys, and to provide all installation, permitting, required for the execution of the Contract. 3.7.2 The Contractor shall comply with and give notices required bylaws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is 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 in writing, and necessary changes shall be accomplished by appropriate Modification. GENERAL CONDITIONS 7 ADA COMPLIANCE SEGMENT # 2 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, 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 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's information and 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 Project Management will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the preliminary sketches, and photos, and any subsequent drawings, the 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 shall be delivered to Project Management for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples Submitted by Contractor 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. GENERAL CONDITIONS 8 ADA COMPLIANCE SEGMENT # 2 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 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. 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's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Project Management in writing of such deviation at the time of submittal and Project Management 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 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 on previous submittals. 3.12.10 Informational submittals upon which Project Management and is 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 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. GENERAL CONDITIONS 9 ADA COMPLIANCE SEGMENT # 2 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 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 cutout, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and /or 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 access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents GENERAL CONDITIONS 10 ADA COMPLIANCE SEGMENT # 2 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 and Project Management 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 Project Management. 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 indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) 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) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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. 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. ARTICLE 4 ADMINISTRATION OF THE CONTACT 4.1 Project Management 4.1.1 The term "Project Management" means Monroe County Project Management Department or Project Management's authorized representative. 4.2 Administration of the Contract GENERAL CONDITIONS 11 ADA COMPLIANCE SEGMENT # 2 4.2.1 Project Management 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 Owners concurrence, from time to time during the correction period described in Paragraph 12.2. Project Management will advise and consult with the Owner and will have authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.2.2 Project Management 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. 4.2.3 Project Management will provide for coordination of the activities of other Contractors and of the Owners 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 Project Management 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, Project Management will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. 4.6.6 Project Management 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 Project Management be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Project Management will not 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. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other contractors hired directly by Owner or with the Owner's own forces shall be through Project Management. 4.6.8 Project Management 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 and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application and Project Request for Payment, along with the applicable Contractors' Applications and Request for Payment, will be processed by Project Management. GENERAL CONDITIONS 12 ADA COMPLIANCE SEGMENT # 2 4.6.9 Based on Project Management'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 Project Management 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. 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. However, Project Management's authority to act under this Subparagraph 4.6.10 or a decision made by Project Management in good faith either to exercise or not to exercise such authority shall not give rise to a duty or responsibility of 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 Project Management will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Owner those recommended for approval. Project Management'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 Project Management 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. Project Management'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 or the Owner, while allowing sufficient time in Project Management'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. Project Managemnent's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Management's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Management'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 the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7, and in compliance with County ordinance and policy, and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist Project Management in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and forward to Project Management written warranties and related documents required by the Contract and assembled GENERAL CONDITIONS 13 ADA COMPLIANCE SEGMENT # 2 by the Contractor. The Contractor 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 Project Management agree, Project Management will provide one or more project representatives to assist in carrying out Project Management'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 Project Management will interpret and decide matters concerning performance under and requirements of the Contract Documents upon request of the Owner or Contractor. Project Management'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 Project Management shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Not Used 4.6.20 Project Management'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 and Project Management 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, 16' 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: .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 GENERAL CONDITIONS 14 ADA COMPLIANCE SEGMENT # 2 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. Project Management 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 Project Management, (2) Not Applicable (3) a written order for a minor change in the Work issued by Project Management, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not 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 representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. GENERAL CONDITIONS 15 ADA COMPLIANCE SEGMENT # 2 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 and Project Management 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 or Project Management, 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 or Project Management has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Project Management 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 or Project Management 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 and Project Management. Each subcontract agreement shall preserve and protect the rights of the Owner and Project Management 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 all or a portion of the Work, may be assigned by the Contractor to the Owner provided that: GENERAL CONDITIONS 16 ADA COMPLIANCE SEGMENT # 2 .1 assignment is effective only after termination of all or a part of the Contract by the Owner with the Contractor for cause pursuant to Paragraph 14.1 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 Owner by the Contractor, with the Owner's own forces, which include persons or entities under separate contracts with the Owner. 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. If Owner elects to make such purchases directly, the cost of work shall be deducted from the contract amount. The amount of the deduction shall be determined by the cost of work as set forth in 7.2.4 and deducted by change order reflecting the amount deducted from the contract price. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts, 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 on the part of the Contractor. 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 apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed or partial completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs GENERAL CONDITIONS 17 ADA COMPLIANCE SEGMENT # 2 caused by delays or improperly timed activities or defective construction shall be an extension of time 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 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 between Project Management and Contractor; a Construction Change Directive requires agreement by Project Management and GENERAL CONDITIONS 18 ADA COMPLIANCE SEGMENT # 2 may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by Project Management alone. 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 shall not be issued if the work requested under the change order was anticipated based on the proposal documents. A Change Order is not to be used as a method to increase the cost of the contract and a requested Change Order may be refused by Project Management, if in its opinion the work was anticipated in the proposal documents. A Change Order is a written instrument prepared by Project Management and signed by the Owner and /or Project Management 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 /or 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's representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to 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 GENERAL CONDITIONS 19 ADA COMPLIANCE SEGMENT # 2 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. When both additions and credits covering related Work or substitutions are involved in any one 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 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 (5 %); .2 if the Subcontractor performs the actual Work, the 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 (5 %); 3. if the Subcontractor performs part of the actual Work, his percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %) 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. GENERAL CONDITIONS 20 ADA COWLIANCE SEGMENT # 2 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. 7.4 Authority 7.4.1 Project Management 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. 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; acknowledging that time is of the essence due to the grant funding restrictions. GENERAL CONDITIONS 21 ADA COMPLIANCE SEGMENT # 2 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 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 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 the first Application for Payment, the Contractor shall submit to 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 may require. This schedule, unless objected to by Project Management, 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 Project Management an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and GENERAL CONDITIONS 22 ADA COMPLIANCE SEGMENT # 2 supported by such data substantiating the Contractor's right to payment as the Owner or Project Management may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which 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 Project Management 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 Project Management's receipt of the Project Application for Payment, Project Management will either approve the Application for Payment, with a copy to the Contractor, for such amount as Project Management determine is properly due, or notify the Contractor in writing of Project Management'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 by Project Management 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 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 GENERAL CONDITIONS 23 ADA COMPLIANCE SEGMENT # 2 inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by Project Management. 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 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 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 may decline to approve an Application for Payment if, in its 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 has 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. 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. GENERAL CONDITIONS 24 ADA COMPLIANCE SEGMENT # 2 .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. 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 and Project Management on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner or Project Management 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. 9.7 Not Used 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 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 GENERAL CONDITIONS 25 ADA COMPLIANCE SEGMENT # 2 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 Project Management. 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 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 Project Management 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 GENERAL CONDITIONS 26 ADA COMPLIANCE SEGMENT # 2 Management will promptly make such inspection. When Project Management finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management 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 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 Project Management (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after 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 Not Used. 9.10.4 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 and 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 GENERAL CONDITIONS 27 ADA COMPLIANCE SEGMENT # 2 Owner and Project Management 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 Project Management. 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. 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. GENERAL CONDITIONS 28 ADA COMPLIANCE SEGMENT # 2 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, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to Project Management. 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 an a ny p enalties and failure to perform as sessments shall be imposed as if the GENERAL CONDITIONS 29 ADA COMPLIANCE SEGMENT # 2 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 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 Builder's Risk Insurance is to be provided by the Contractor. 11.3 Public Construction Bond 11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to Project Management's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by GENERAL CONDITIONS 30 ADA COMPLIANCE SEGMENT # 2 Project Management 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 has not specifically requested to observe prior to its being covered, Project Management 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 failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Project Management'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 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 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 GENERAL CONDITIONS 31 ADA COMPLIANCE SEGMENT # 2 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. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or 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 parry 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: Maillox and Sons. Inc. 150015 th Ave Dr. E #103 Palmetto, FL 34221 GENERAL CONDITIONS 32 ADA COMPLIANCE SEGMENT # 2 For Owner: Director of Project Management 1100 Simonton St., Room 2 -216 Key West, Florida 33040 13.4 Rights and Remedies County Administrator 1100 Simonton St. Key West Florida 33040 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Project Management, or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give Project Management timely notice of when and where tests and inspections are to be made so Project Management 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, 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 will 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 of when and where tests and inspections are to be made so Project Management 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 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. 13.5.5 If Project Management is to observe tests, inspections, or approvals required by the Contract Documents, CONTRACTOR will promptly notify Project Management of the date, place and time of tests, inspections, or approvals, so that Project Management may observe. GENERAL CONDITIONS 33 ADA COMPLIANCE SEGMENT # 2 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: .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, with particular emphasis on the requirements for compliance with the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments thereto, or applicable State law, whichever are the most stringent; 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 Project Management 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. GENERAL CONDITIONS 34 ADA COMPLIANCE SEGMENT # 1 SECTION 00110 PROPOSAL The Proposal shall be submitted on the forms included in this section of the Proposing Documents as previously instructed herein. Item Description Pages 1. Proposal Form 3-4 2. Bid Bond 5 3. Non - Collusion Affidavit 6 4. Lobbying and Conflict of Interest Clause 7 5. Drug -Free Workplace Form 8 6. Sub - Contractor Listing Form 9 7. Insurance Agent and Proposer's Statement:. 10-11 8. Contractor License Current Copy to Be Submitted with Bid Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 9. Excel Spreadsheets providing itemized costs for each location. These are provided in Section 01760 10. In order to determine if the persons or entity, submitting,Proposals are responsible, all Proposals 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 proprietor:rhip, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attacheAd. B. A list of the officers and directors of the entity; C. Relevant Experience: The number of years tha 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 specifications (include a list of similar projects); D. The number of years the person or entity has operated under its present name and any prior names; E. Answers to the following questions regarding c :aims and suits: PROPOSAL FORM 00110 -1 ADA COMPLIANCE SEGMENT # 1 1. Has the person, principals of the entity, entity or its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) 2. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details.) 3. Has the person, principal of the entity, entity, or its officers, major shareholders or directors 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? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details.) 4. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a peirson, principal, entity, officer, director or general partner in the last five (5) years. (if yes, .provide details.) 5. Whether, within the last five (5) years, the Owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, 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; 6. Customer references (minimum of three), including name, current address and current telephone number; 7. Credit References (minimum of three), including name, current address and current telephone number; 8. Financial statements for the prior three years (Please provide in a separate sealed envelope for the Contractor's confidentiality). Any financial statement that an agency requires a prospective Proposer to submit in order to prequalify for Proposing or for responding to a Request for Proposal for a road or any other public works project is exempt to the extent stated in s. 119.07(1) and s.24(a), Art. 1 of the State Constitution. 9. Subcontractor Listing Form. PROPOSAL FORM 00110 -2 ADA COMPLIANCE SEGMENT # 1 SECTION 00110 PROPOSAL FORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS . c/o PURCHASING DEPARTMENT 1100 SIMONTON STkEET ROOM 1 -213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: M4V1-" W— 14-A /500 15-1 AA-.e #!Q5 W The undersigned, having carefully examined the Scope of Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: ADA COMPLIANCE, SEGMENT #1, Monroe County, FL., Facilities Located Between MM 112 - MM 47 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 Proposer 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 Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Proposal in words shall control. (Total Base Proposal words) $ aq7, S OCK _� a (Total Base Proposal - numbers) I PROPOSAL FORM 00110 -3 ADA COMPLIANCE SEGMENT # 1 1 acknowledge Alternates as follows: I acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated No. Dated No. Dated I have included pages 00110 - 3 through 9 of the Proposal. which entails the Proposal Form ✓ , and the required Bid /Proposal Security V , the Non - Collusion Affidavit v , the Lobbying and Conflict of Interest Clause U , the Drug -Free Workplace Form v , the Subcontractor Listing Form!, and the excel spreadsheets itemizing costs for each location (see section 001760) V In addition, I have included a certified copy of Contractor's License, Monroe County Occupational License, Insurance Requirements— Hold Harmless Statement and an Insurance Agent's Statement (pages 00110 -10 through 12). (Check mark items above, as a reminder that they are included.) Mailing Address: l �eo f ✓l 0 3 3'7 � Phone Number: Date: % � � Signed: (Name) (Title) Witness: (Seal) PROPOSAL FORM 00110 -4 ADA COMPLIANCE SEGMENT # 1 SECTION 00110 ' LOBBYING AND CONFLICT OF INTEREST CLAUSE 1 SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE AM (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 ". (' nature) Date: 1 & 9 9 11 1 �(V STATE OF: flooU/! COUNTY OF: Subscribed and sworn to (or affirmed) before me on _ Mft— ? ZY . -ZQ/- - (date) by (name,of affiant). He /She is personally known to me or has produced as identification. (Type of identification) / My commission expires: NOr PUBLIC JILL M. l3TETHEM MY COMMISSION N OD 880399 r EXPIRES: April 14,2013 $ Bonded Thru Notary pd9lic Undenwhon u PROPOSAL FORM 00110 -7 ADA COMPLIANCE SEGMENT # 1 SECTION 00110 NON - COLLUSION AFFIDAVIT I, J (� 0I.� l had l Q o; of the city 4d f'n-�' f F r-' according to law on my oath, and under �penalty of perjury, depose and say that: P A 1. 1 am J02[.CAI of the firm of 1 1 " !(9cJ X the bidder making the Proposal for the project A Nt»rLIance ascribed in the notice for / Galling for bids for: and that I executed the said proposal with full authorify to do s% 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 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that said project. (Sign re of Bidder) STATE OF: fi614 dG COUNTY OF: ll2a.41 a 2 012- (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, __ JAM X�4 119(14 who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 2 (P day of Vn of 1 4 , 20 12 — . My commission expires: a� J / NOTA PUBLIC �1-- Pi —! -.3 I : ISWIN M. 8 f ETNEM # DD 80 S: E Ap Notary Public Undet%"O PROPOSAL FORM 00110 -6 ADA COMPLIANCE SEGMENT # 1 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Alib �h �- (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 ;n the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Date PROPOSAL FORM 00110 -8 ADA COMPLIANCE SEGMENT # 1 SUBCONTRACTOR LISTING FORM vision Subcontractor Contact Person Ph # w /area code Fax:: Cell: Address PROPOSAL FORM 00110 -9 ADA COMPLIANCE SEGMENT # 1 BIDDER'S /PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers Liability General Liability, including Premise Operation_ Blanket Contractual Expanded Definition of Property Damage Products and Completed Operations Personal Injury Underground, Explosion and Collapse (XCU) Vehicle Liability (Owned, nonowned, and hired vehicles) Statutory Limits $500,000/500,000 /500,000 $5,000,000 Combined Single Limit or $300,000 per Person $500,000 per Occurrence $200,000 Property Damage $300,000 Combined Single Limit or $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builders' Risk The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on all All Risk of Loss form. Coverage shall include: Theft, Windstorm, Hail, EFxplosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse, and Flood. The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the bulding, shall be included a s poroperty covered. The plicy shall be endorsed permitting the County to,occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioenrs shall be named as Additional Insured and Loss Payee. INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damage, and expenses (including attorney's fees, court costs and expenses) which arise out of, in connection with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any tier, occasioned by the negligE!nce, errors, or other wrongful act or omission of the contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include: the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. PROPOSAL FORM 00110 -10 ADA COMPLIANCE SEGMENT # 1 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 IE•:ssened by the insurance requirements contained elsewhere within this agreement. PROPOSAL FORM 00110 -11 ADA COMPLIANCE SEGMENT # 1 BIDDER'S /PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. vlaodx Bidder Sign re INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder /proposer named above. The following deductibles apply to the corresponding policy, POLICY DEDUCTIBLES Ao'1 .3 4 a- 3 1000 - P0jL -4je_Q ��SK aO -? 3 S a., 2 l yyy - ! ✓1S T �I1 X4.7 -1 0,0 t C�( OA -j-e- . Liability policies are Oc currence Ins - H EA D E R I P. 83 428 VENICE- 34284 Claims Made Signature END SECTION 00710 PROPOSAL FORM 00110 -12 Z 'd 0092 ' °N MS : l Z 10Z '9Z "M ez' Mailloux and Sons, Inc 150015th Ave Dr E #103 Palmetto, FL 34221 JILL M. STEDEM G"! COMMISSION # DD 880399 EXPIRES APHI 14, 2013 Ncbry Public Underwrilm 8 Sarasota County Tax Collector Page 1 of 1 Sarasota County Business Tax Receipt 2011 -12 THIS TAX DOES NOT ASSURE QUALITY OF WORK OR CONFIRM THAT REGULATORY OR Account No. ZONING REQUIREMENTS HAVE BEEN MET, IT IS THE OWNER'S RESPONSIBILITY TO 3904060037372 ENSURE COMPLIANCE. Business Type: PAINTING SERVICE MAILLOUX JADE & SON INC Business Address: 1519 STOEBER AVE SARASOTA uninc FL 34232 MAILLOUX JADE 1500 15TH AVE DR E #103 PALMETTO FL 34221 All businesses in Sarasota County are responsible for complying with the Sarasota County mandatory recycling ordinance. Valid until 9/30/2012 PAID: 5527267.0001 7/14/2011 $73.50 Sarasota County Tax Collector Barbara Ford - Coates 101 S. Washington Blvd., Sarasota, FL 34236 (941) 861 -8300, option 3 www.SarasotaTaxCollector.com lnfo@SarasotaTaxCollector.com Lill 2011 / 2012 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2012 30140-104041 Business Name: MAILLOUX AND SONS J'NC- Number of MSChindt'! niy I VeKdl Tax Amount I Transfer or-'keari' , `L�- jcollection Cost I Total Paid 20.001 0.'00 20.0,01 0 . 00 , 1 0.00 1 20,00 Paid 000-10-0000258,;, 1 2 0.Q0 " THIS RECEIPT MUST BE P619,7 U0'v9L-V PLACE OF BUSINESS IIS BECOMES A TAX RECEIPT Danise d.--Henr" ' uezi COIC, Tax Collector THIS IS ONLY A TAX. IEN VALIDATED PO Box 1129, K2y West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. Mailloux and ions Inc Painting *Restoration ♦ Special Coatings ♦ Waterproofing March 27, 2012 ADA COMPLIANCE SEGMENT #1 SECTION 00110 10. A. & B. Shareholder 100% - Jade Mailloux, President C. Incorporated in Sept 2003 NDC Construction — ADA Transition for 11 Schools Manatee County School Board SA Construction - Sonic Restaurants — ADA Signs and Parking Lot Striping Credmore, GA Cordelle, GA Willis A Smith — St Joseph's Parking Garage, Tampa FL Parking Lot Striping Light of the World Church, Bradenton, FL ADA Compliance for New Building Parking Lot Striping D. Business operating for 9 years 10.1 -No 10.2 - No 10.3 - No 10.4 - No 10.5 — No 10.6 - Willis A Smith 5001 Lakewood Ranch Blvd N Sarasota, FL 34240 941- 366 -3116 — Taylor Aultman School Board Of Sarasota County 7889 Fruitville Road Sarasota, FL 34240 941- 927 -9000 — Don Hampton 1500 15 Ave Dr East # 103, Palmetto, FL 34222 (Phone) 941- 723 -1955 (Fax) 941 - 723 -1956 jademaillouxandsons @verizon net Mailloux and Sons Inc Painting +Restoration ♦ Special Coatings ♦ Waterproofing 10.6 Cont Mills /Gilbane 3301 Whitfield Ave Sarasota, Fl 34243 941 - 758 -6441 — Brett Raymaker 10.7 - Sherwin Williams Co 5260 71" Street East Bradenton, F134203 941 - 739 -2513 — Jim Flatman Allied Building Corp 6020 126 Ave Bldg A Largo, F133773 727 -536 -9889 — Michelle Nobles Sunbelt Rentals 7580 15 St E Sarasota, F134243 407 - 816 -1591 — Joe Raley 150015 1h Ave Dr East # 103, Palmetto, FL 34222 (Phone) 941- 723 -1955 (Fax) 941- 723 -1956 jadenailtouxandsonsoaverizan net o PAINTING � RESTORATION COn1IPANY PROFILE Mailloux and Sons, Inc. is a full service restoration contractor serving Florida for over 15 years. We have qualifications, knowledge, and experience to meet all your Commercial, Industrial, and Marine restoration, structural, painting and coating needs. We are dedicated to providing the highest quality work with the best possible service to our customers. MISSION ST A TEMEN Our pledge is to establish lasting relationships with our customers by e)iceeding their expectations and gaining their trust by providing exceptional service and outstanding results. It is the goal of everyone at Mailloux and Sons, Inc to continue to expand our services and with this in mind we will provide the necessary tools, supervision and safe workplace to all employees, to promote longevity and professional growth. KEY PERSONNEL . Jade Mailloux — President — Oversees all operations, manages responsibilities throughout the organization, and leads sales, marketing, and business development; business owner and operator for more than 15 years. (941) 737 -4215 Ryan Grover — Estimator /Project Manager - Leads, directs, and m anages inbound and /or outbound site operations to ensure that the operations staff executes service agreements at, or above the customer's standards; carries more than 12 years of experience in commercial and residential construction. (941) 737 -2085 Tony C. Munar — Estimator /Project Manager — Leads, directs, and manages inbound and /or outbound site operations to ensure that the operations staff executes service agreements at, or above the customer's standards; 20 years in construction, restoration and waterproofing above and below grade (941) 737 -4589 John Kindler — Estimator/Proiect Manager - Leads, directs, and manages inbound and /or outbound site operations to ensure that the operations staff executes service agreements at, or above the customer's standards; 20 years in construction, concrete restoration, waterproofing and historical preservation (941) 993 -7379 Rafael A. Marcano — Commercial Sales Representative — A proven performer in sales for multiple paint and coating companies, including but not limited to interior & exterior architectural and industrial coatings. Conducts job inspection and walk through to provide technical advice to contractors; 13 years in the painting and coatings industry 941 -879 -7738 . Timothy Bailey- Marine and Equipment Division- Estimator/Proiect Manage Leads, directs, and manages inbound and/ or outbound site operations to ensure that the operations staff executes service agreements at, or above the customer's standards; 20 plus years experience in commercial, industrial, petro - chemical, marine and equipment corrosion control and preservation. (813)440 -8727 Jill Stethem — Office Manager — Coordinates and manages all administrative and office operations including Contract Administration, Billing, Accounts Receivable, Accounts Payable, Human Resources, Payroll, and Project Management support; over 20 years of experience in a full spectrum of accounting and office administration. (941) 723 -1955 Office Unit 103, 1500 15` Ave Drive East ♦ Palmetto ♦ Florida ♦ 34221 ♦ Phone (941)723 -1955 ♦ Fax (941)723 -1956 Maillouxandsons. corn B PAINTING & RESTORATIQN SERVICES At Mailloux and Sons, Inc, our professional crews have extensive experience with restoration, new construction, commercial office buildings, apartments, condos, hotels, restaurants, government buildings, shopping centers, industrial, warehouses, and marine applications. Our services include but are not limited to: Damp - proofing Vapor Retarders Joint Sealers Interior Painting Exterior Painting Vinyl & fabric Wall Coverings Above & below grade waterproofing Fire caulking & assemblies Epoxy /Resinous Flooring Concrete Restoration Lead Abatement Seawall Preservation Stucco Traffic & Pedestrian Coatings Staining Texturing Joint sealants and assemblies Sandblasting Cathodic Protection Deck Coatings Concrete Restoration Special Coatings Waterproofing Custom Finishes Drywall Repair Hydro blasting 40K Corrosion Control CREDIT REFERENCES The Sherwin Williams Company 5260 71" Street East Bradenton, FL 34203 (941) 739 -2513 Contact: Jim Flathman Allied Building Corp - FWS 6020 126` Ave Bldg A Largo, FL 33773 (727) 536 -9889 Contact: Michelle Nobles Sunbelt Rentals 7580 15` St East Sarasota, FL 34243 (407) 816 -1591 Contact: Joe Raley Coastal Construction Products 3401 Philips Hwy Jacksonville, FL 32207 (813)289 -8949 Contact: Rob Messing PROFESSIONAL REFERENCES De Stefano Engineering 1800 Second Street Suite 712 Sarasota, FL 34236 (941) 371 -1724 Contact: Mark Destefano Freedom Village 6410 21" Ave West Bradenton, FL 34209 !(941) 798 -8000 Contact: Jeni Thomason Mills/ Gilbane 3301 Whitfield Ave. Sarasota, FL 34243 (941) 758 -6441 School Board of Sarasota County 7889 Fruitville Road Sarasota, FL 34240 (941)927 -9000 Willis A. Smith Construction 5001 Lakewood Ranch Blvd N Sarasota, FL 34240 (941) 366 -3116 Riverhawk Marine 5251 West Tyson Ave. Tampa, FL 34236 (813) 831 -8007 Unit 103, 1500 15` Ave Drive East ♦ Palmetto ♦ Florida ♦ 34221 ♦ Phone (941)723 -1955 ♦ Fax (941)723 -1956 Mai HOUxandsons.com ADA COMPLIANCE SEGMENT # 1 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEaURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Contractors and Subcontractors O ! `I r i 40� Prior to the commencement of work governed by this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at his /her own expense, insurance as specified in the schedules set forth in Section 00110 ana attached, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub - Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall net extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or • A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. nvOU"NUt KtQUIRMENTS AND FORM 0400 -1 ADA COMPLIANCE SEGMENT # 1 The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. INSURANCE REQUIRMENTS AND FORMS 0400 -2 ADA COMPLIANCE SEGMENT # 1 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: ADA COMPLIANCE, SEGMENT # 1, Monroe County, FL. Facilities Located Between MM 112 — MM 47 BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: Statutory limits for: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIRMENTS AND FORMS 0400 -3 ADA COMPLIANCE SEGMENT # 1 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: ADA COMPLIANCE, SEGMENT # 1, Monroe County, FL. Facilities Located Between MM 112 —MM 47 BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Underground, Explosion and Collapse (XCU) The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 300,000 per Person $ 500,000 per Occurrence $ 200,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSUKANCE REQUIRMENTS AND FORMS 0400 -4 ADA COMPLIANCE SEGMENT # 1 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: ADA COMPLIANCE, SEGMENT # 1, Monroe County, FL. Facilities Located Between MM 112 — MM 47 BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIRMENTS AND FORMS 0400 -5 A DA, COMPLIANCE SEOMP -NT # I BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT: ADA COMPLIANCE, SEGMENT # 1, Monroe County, FL. Facilities Located Between MM 112 —MM 47 BETWEEN MONROE COUNTY FLORIDA AND The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form for the ADA COMPLIANCE, SEGMENT #1 project. Coverage shall include: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished ADA COMPLIANCE SEGMENT # 1 project and coverage shall be provided on a completed value basis. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and become part of the finished facility. The facility is defined to include all structures specified in the contract drawings and specifications. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Proposer gnature INSURANCE REQUIRMENTS AND FORMS 0400 -6 6 'd c6SZ 'ON Ad06 � z106 9i, �A ADA COMPLIANCE 8E(W IJNT # I INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the Proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES A .� n - 7 3 4 � � � 1000 - � u Z Li�e/ds K o 1 3��')- -2�_ roves 1- - r 0 4rf - -rz Liability policies are Occurrence Insurance Agency of ORD— HEIDEN, IN6 ROO BOX 428 VENICE. 34284 Claims Made Signature INSURANCE REQUIRMENTS AND FORMS 0400 -7 E 'd L6SZ ' °N ME: 61H N '1PN ADA COMPLIANCE SEGMENT # 1 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: * The County as being named as an Additional Insured and * The Indemnification and Hold Harmless provisions Waivinq of insurance provisions could expose the County to economic loss For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision - making authority. INSURANCE REQURRMENTS AND FORM:: 0400 -8 ADA COMPLIANCE SEGMENT # 1 MONROE COUNTY, FLORIDA Request For Waive of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: INSURANCE REQUIRMENTS AND FORAMS 0400 -9 MAILL -2 OP ID: RA A C°R ° CERTIFICATE OF LIABILITY INSURANCE P AT 05 / 2 1 / IYYYY) 05/21 /12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 941 - 484 -0681 Gifford- Heiden Ins - NG/VG 941 -485 -3835 P O BOX 428 CONTACT NAME: PHONE FAX A/C No Ext : AIC No): E -MAIL ADDRESS: Venice, FL 34284 Victor L. Garraus LIMITS INSURERS AFFORDING COVERAGE NAIC S INSURER A: Southern- Owners Ins Co 10190 INSURED Mailloux and Sons Inc. INSURER B: Progressive Companies 10193 1500 15th Ave. Dr. East #103 Palmetto, FL 34221 Brid g efield Employers Ins Co INSURER C : A INSURER D: X INSURER E: 09/28/11 M 111 09/28/12 INSURER F: $ 10,00 PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D UB POLICY NUMBER MM /DDIYYYY MM DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IX-1 OCCUR X CONTRACTI�AL X 20734723 A V G GE 09/28/11 M 111 09/28/12 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 X XCU LIABILITY GENERAL AGGREGATE $ 2,000,00 WAI R -- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY FX J LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 BODILY INJURY (Per person) $ B ANY AUTO X 04498899 -1 01/04/12 01/04/13 ALL OWNED X SCTOS HEDULED AUTOS AU BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ HIRED /NONOWNED $ 1,000,00 20,733,909 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 A EXCESS LIAB CLAIMS -MADE 4740975700 09/28/11 09/28/12 DED I X I RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OF EXCLUDED? (Mandatory in NH) N I A 83050663 - USL &H INCLUDED DRUG FREE WORK PROGRAM 04/03/12 04/03/13 S TATU- X OTH- TORY LIMIT ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 A Crime 20734723 09/28/11 09/28/12 100,00 A Equipment Floats 20734723 09128/11 09/28/12 RENT /DEDU 230,000/500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Monroe County Board of County Commissioners included as additional insured and loss payee as respects to ADA Compliance, Segment #2 project. Additional Insured applies to General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION MONR001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE ACCORDANCE WITH THE POLICY PROVISIONS. DELIVERED IN Commissioners 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE MONR001 MAILL -2 PAGE 2 INSURED'S NAME Mailloux and Sons Inc. OP ID: RA DATE 05/21/12 Builders Risk Installation floater included on olic20734723. All Risk, including.prope at construction premises. 1250,100 limit completed value basis. Couny permitted to occupy bull ng prior to completion. MAILL 0 UX & SONS INC. Concrete Restoration ♦ Structural Repairs ♦ Coatings & Waterproofing March 28, 2012 Re: Monroe County ADA Segment # 1; MM 112 to MM 48 MM 112 Transfer Station- we will assemble a 4 "x 4 " post to the vertical top stanchion of the stairs and attach the appropriate sign for the traffic to view. MM 106 KL Animal Shelter -we will first'remove the fence and replace it into the new locations, then remove the landscape in directed areas and provide new asphalt'in those directed areas. We will then provide a new ADA compliant ramp with railings, landing areas along with a new ADA compliant parking spot with access lane to the ramp, along with new signage at appropriate height. MM 101 KL Friendship Park — we will provide new ADA parking spot with appropriate access lane and signage. MM 100 KL Jacob Aqua Center- we wiliprovide new ADA parking spots with access lane and appropriate signage. MM 100 KL Community Park — we will provide six new striped ADA parking spots with appropriate signage and we will provide a new ADA parking spot with appropriate signage along with a new concrete access to the exisu ing concrete walk area. MM 94 Sunset Park — we will pave a new ADA parking spot with appropriate stripe and signage, we will provide new concrete Emarl .john @mallouxandson.conz -1955 Fax (941) 723 MAILL0SIX & SONS INC. Concrete Restoration ♦ Structural Repairs ♦ Coatings & j Waterproofing access from the parking spot to a new concrete slab for a picnic area and a concrete access down to dock area. MM 93 KL Harry Harris Park — we will provide a new ADA parking spot with access lane and appropriate signage at far end of park, we will then add two new ADA parking spots in the middle of the park along with appropriate signage, finally we will add a new ADA parking spot by the basketball courts along with a new concrete access to the basketball courts also we will remove enough rope fence for adequate clearance to the concrete access lane. MM 92 Settlers Park — we will provide a new ADA parking spot with access lane and appropriate signage: MM 88 PKAnnex — we will provide new ADA parking spot along with access lanes and a ropriate signage, also new signage and audible sound to the elevator area. We will provide a new ADA compliant ramp at front of the building with appropriate landings and railing system. MM 88 PK Senior Center — we will provide 2 new ADA parking spaces with access lanes and appropriate signage. MM 88 PK Government Center — will provide new ADA parking spots with access lane andpppropriate signage, along with a new ADA compliant ramp to the building including access ramp from ADA parking spots including new compliant railing system, ADA parking spots with new asphalt to to make compliant. Email.; ohn @maillouxandsons. com MAILL0UX & SON S INC. Concrete Restoration ♦ Structural Repairs ♦ Coatings & TVaterproofing MM 88 PK Detention Center — add two new ADA compliant parking areas with access lane, along with new concrete access lane to existing concrete area through the. gate area and along to the existing concrete side walk outside the gate and all appropriate signage. MM 88 PK Children's Center — we will add two new ADA Parking spots with access, lane and appropriate signage along with removing old non- compliant ramp. We will build new concrete ADA compliant ramp with appropriate landings, along with new railing system and the appropriate signage. MM 88 PK Roth Building — we will add four new ADA compliant parking spaces at front of huilding along with access lane and added truncated domes fop: entering and exiting a traffic lane. We will also redo existing ramp 2 to a compliant ADA ramp and with a new railing system to encompass entire landing area also, this will also block anyone from trying to enter the public defender door from the landing area will also put up appropriate signage on the landing and at the entrance to ramp,3 showing it is not a public entrance. MM 88 PK Public Works .;building — we provide a new ADA compliant parking space with access lane to the ramp at the front of the building along with appropriate signage. We will provide two new ADA compliant parking spaces at side of building along with new asphalt and new concrete curb access to the entrance at the side of the building, along with appropriate signage. Email.; ohn@madlouxandsons. com MAILL(:)UX & SONSj INC. Concrete Restoration ♦ Structural Repairs ♦ Coatings & Waterproofing MM 81 Islamorada Library — we will provide new compliant ADA parking spots with access lane to the concrete side walk leading to the ramp and appropriate, signage, we will expand the mid - landing area of the ramp so as to be compliant for turn radius by adding concrete surface along with cutting the existing railing system at the mid landing and welding additional railing to the existing. We will also attach extensions at the top and bottom of the railing system to be compliant. MM 68 LK Transfer station - we will assemble a 4 "x 4 " post to the vertical top stanchion of the stairs and attach the appropriate sign for the traffic to view. MM 52 Marathon Animal Shelter — we 'will provide a new ADA compliant parking space with access lane after we pave new asphalt for the spot. We will also provide new concrete access from the ADA parking spot to the bottom handing of the ramp. We will extend the mid landing area with concrete to be compliant and will remove existing railing system and apply a new compliant railing system for the ramp. Also we will apply all appropriate and compliant signage. MM 50 Marathon Annex ; we will provide new ADA compliant parking areas one at the front of the building and two along the side with appropriate signage and access ;lanes. We will move existing landscape to appr©priate area. We will redo the front existing ramp to be compliant with new bottom landings mid - landing and top landing along with a new railing system. We will provide a new bottom landing area and railing system for the ramp on the far side of the building. Once the e*terior work is complete �• •�� ✓7LL1 � cyt!/ /L3 - ♦ 1' /y41) 773 1 Em ail.; ohn @madlouxandsons.' com MAILL0UX & SONS INC. Concrete Restoration ♦ Structural Repairs ♦ Coatings & Waterproofing we will address the interior ramp which will be demo and replaced with a compliant ADA ramp along with a new railing system and all appropriate signage for interior and'exterior ADA compliance. MM 49 Marathon Detention Center — we will provide two new AD compliant parking spots with access lanes and a curb access approach, along with all oppropriate signage. MM 48 Marathon Health Center — we will provide two new ADA compliant parking spots with access lane along with truncated domes. We will also remove old non - compliant ramp and install new ADA compliant concrete ramp with appropriate landing areas and a new railing system, along with all appropriate signage. MM 48 Marathon Driver, License Branch — will add appropriate new ADA parking spots with access lane to ramp area along with appropriate signage. We will then remove existing ramp and pour new concrete ramp with compliant landings and a new railing system. MM 48 Marathon Senior Center — well provide a new ADA compliant parking spot with access lane to the ramp, we provide appropriate signage along with compliant covering for opening at bottom of ramp. We rebuild bottom of ramp to be compliant and install new railing system fi)r ramp to be compliant. MM 48 Marathon Library, — we will provide a new ADA compliant parking spot along with access lane to the new ramp and appropriate signage. We will provide a new ADA compliant ramp from the bottom of th covered wa lk way to the entrance of Email;john @maillouxandsons; com ' MA ILL 0 UX & SONS, INC. Concrete Restoratio >n:♦ Structural Repairs ♦ Coatings & Waterproofing the building which will include compliant'landing areas, truncated domes for entrance into traffic lane, new railing system and all appropriate signage. MM 48 Marathon Sheriff and Tax Collector Office — we will provide new ADA compliant parking space along with appropriate access lane to ramp which includes a new compliant curb access and the removal of the existing curb ramp and all appropriate signage. We will cover over existing ADA parking spots out in parking lot on side of building. MM 48 Marathon Government Center — 'we will add the compliant ADA parking spots at front of building with appropriate access lane to ramp. We will install compliant railing system for the ramp at front of the bT�ilding, along with all appropriate signage for parking spots and ramp. 150015" Ave Dr East Al 03+ Palmetto Florida 34221 ♦ (941) 723 -1955 ♦ Fax.- (941)723-1956 Email. john @maillouxandsons. com i1 Facility: Key LargoTransfer Station Address: MM 112 / Card Sound I Permit: Monroe County Reference: Volume 1 of 4, Tab 12 Item No. Area / Room Physical Obstacle ADA Code Method/ Proposed Correction Priority W Cost �1 FIELD NOTE: Per site visit, County concluded proposed correction is not viable. CONTRACTOR required to provide & install sign indicated in attachment. O County to now provide service via direct cutomer contact. 6 yd. i Page 2 of 175 2 Facility: Key Largo Animal Shelter lAddress: MM 106 Ocean / 105951 Overseas Hwy i 3 € Permit: Monroe County Reference: Volume 1 of 4, Tab 1 1Item No. iAr a / Room Physical Obstacle ADA Code Method / Proposed Correction Priority lCost L 1- AGGessiele -. w ith 4- ' $ g o in p � i SpaGe C dex # * 9 ,�62 ma inn "PARKING BY DISABLED P E R MIT ONLY", and the � Ga a�rr n P E R M I T Fig 0 CTP penalty fef ilegal use of the spar7e (F F 22 1 I 4 i' $ iJFBG_ T"GITY' h ave an aGGess i s l e. �l7 60 " , � FDGT index # 17346). .FIELD NOTE: _$ i i Per site visit, County concluded proposed correction is not viable. New location established for parking space. Per site visit ... CONTRACTOR required to remove all signage from fence. !CONTRACTOR required to remove and reconfigure fence line. 'CONTRACTOR required to remove landscaping. CONTRACTOR required to delete (cover over) current parking spaces. i 0ob ;CONTRACTOR required to pave portion of front lot. !CONTRACTOR required to stripe for parking on east side of building. i 'CONTRACTOR required to strip one (1) ADA compliant parking space on front of building. s ;CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height at new location. i CONTRACTOR required to ensure ADA comliant access route to main entrance including landings and slopes. I Page 6 of 175 !3 Facility: Key Largo Friendship Park Address: MM 101 Ocean / Hibiscus I - Permit: Monroe County Reference: Volume 1 of 4, Tab 12 Item No. Area /Room Physical Obstacle ADA Code Method / Proposed Correction Priority :Cost 1 One The accessible parking space has a FBC Install FDOT approved signage at 84" (2133 mm) above the 1$ Accessible non - compliant parking sign. §11 -4.6 ground, displaying the international symbol of accessibility, the Parking Spacer caption "PARKING BY DISABLED PERMIT ONLY', and the I penalty for illegal use of the space (FBC Fig. 9, FDOT FTP -22- X04). :FIELD NOTE: Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. i E2 FIELD NOTE: um- ..-... � P .......m.._...�....._.__.....� , Per site visit, County discovered additional issue. CONTRACTOR required to stripe ADA compliant parking space and access aisle. d� e f 90 s Page 15 of 175 4 F Facility: Key Largo Jacobs Aquatic Center A Address: MM 100 Ocean 4 P Permit: Monroe County R Reference: Volume 1 of 4, Tab 12 - Item No. A Area /Room Physical Obstacle ADA Code M - - - - - - I 1 T Two A Accessible parking space does not F FBC I Install FDOT approved signage at 84" (2133 mm) above the 1 1 $ $ Accessible h have signage indicating the fine 1 11-4.6 r round, displaying the international symbol of accessibility, 9 Spaces j j p penalty for ilegal use of the space (FBC Fig. 9, FDOT FTP -22- 04). FIELD NOTE: 1 !Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct heights -Two (2) parking spaces. 2 Two Accessible parking space is not 144" FBC Restripe to provide an accessible parking space 144" (3657 1 is Accessible 1(3657 mm) wide. §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, Parking i i F Page 20 of 175 6 Facility: Key Largo Sunset Point Park Address: MM 94 Bay Permit: Monroe County Reference: Volume 1 of 4, Tab 12 Item No. Area/Room Physical Obstacle ADA Code Method / Proposed'Correction Priority ' Cost 1 ---7 1 rkin Area P g There are 6 parking spaces. There p g p § 4.1 Provide 1 additional designated a � g accessible parking spaces that 1 $ � are no designated accessible parking comply with §4.6 (See Minimum Parking Requirement Table 1). i spaces that comply with the minimum number E required. FIELD NOTE: 'Per site visit ... CONTRACTOR required to pave and stripe ADA compliant parking space and access aisle. 1 !CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. !CONTRACTOR required to construct concrete sidewalk leading from accessible parking space to the two (2) docking areas (rough estimate - Length? x 5' x 4 "). 2 ��icnic Area There is no sidewalk (accessible §4.3 Rework or repave accessible route to provide a 36 (914 mm) 2 Is P route) provided leading to the picnic min. clear width accessible route with a cross slope not table. 2 %. exceeding # Q00 'FIELD NOTE: l }Per site visit, CONTRACTOR required to 1) move picnic table in closer to sidewalk, 2) provide concrete slab for picnic table (rough estimate - 10'x 10' x 4"), and 3) ;construct walkway leading from sidewalk for access to the picnic table (rough estimate - Length? x 5'x 4"). Page 32 of 175 17 Facility: Key Largo Harry Harris Park Address: MM 93 Ocean Permit: Monroe County Reference: Volume 1 of 4, Tab 12 I Item No. Area / Room Physical Obstacle ADA Code Method / Proposed Correction Priority JCost 1�Twe One Accessible parking spaces do not FBC Restripe to provide an accessible parking space 144" (3657 1 $ Accessible have the required white and blue §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, Parking stripe. FDOT Index # 17346). Spaces in the Western Parking Lot —... ..._.__ .... -_..._._... --_ -..._._......._.. ..... ;FIELD NOTE: ... ........ ... ....... ... � ._..� ..._ =Per site visit, County concluded only one (1) parking space needed. Per site visit, CONTRACTOR required to delete one (1) parking space in western parking lot with a certified coverage paint. Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. 2 Two Accessible parking spaces do not FBC Restripe to provide an accessible parking space 144" (3657 Accessible 1have the required white and blue §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 1� $ 9, Parking stripe. I FDOT Index # 17346). ;Spaces in Parking Area i ;Adjacent to the Playground } r 3 A FIELD NOTE: Per site visit, County concluded to keep both parking spaces, but relocate one (1). Per site visit ... ° !CONTRACTOR required to cover the one (1) parking space to be relocated with a certified coverage paint. 1 CONTRACTOR required to relocate and install ADA van accessible compliant signage at correct height. CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). __ p 3 Two Accessible parking spaces do not FBC Restripe to provide an accessible parking space 144" (3657 1�$ s 'Accessible have the required white and blue §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, a ( Parking stripe. FDOT Index # 17346). ' Spaces by the cL I Ball Fields i IArea ! 1FIELD NOTE: !Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). Page 37 of 175 14 1 1 - din -- e -- Accessible parking space does not FBC - - Restripe to provide an accessible parking space 144" (3657 -------------- -- . . . . . . 1 (Accessible have the required white and blue §1 1-4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, Parking stripe. FDOT Index # 17346). Spaces across the street from the Ball Fields Area L ............ FIELD NOTE: Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. TheFe is no anness 0 hip re 4- IMeessable frAM t�p A ble paFkhng spaee §11 4.3 PaFking aGF966 the street to the ball f 6 Spares aGFOS&- the StFeet #O - 4-1 Ithe Ball Fields, AFea Per site Zit, CONTRACTOR required to stripe ADA compliant accessible route. County concluded accessible route is not to serve balffields, but the picnic area. 5 Per site visit, County discovered additional issue. ADA compliant parking space is required at the Basketball Court. $ CONTRACTOR required to cover the current access aisle with a certified coverage paint. CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. CONTRACTOR required to stripe ADA compliant parking space and access aisle. oo CONTRACTOR required to remove wheel stop and rope fence to construct concrete sidewalk leading from accessible parking space to the basketball court (rough estimate - Length? x 5'x 4"). Page 38 of 175 18 i- Facility: Key Largo Settlers Park Permit: Monroe County Address: MM 92 Ocean Reference: Volume 1 of 4, Tab 12 I Item No. Area / Room Physical Obstacle ADA Code Method / Proposed Correction Priority Cost 1 lone Accessible Parking Space does not Accessible have the FBC Restripe to provide an accessible parking space 144" (3657 1$ required white and blue Parking Space §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC FDOT Index # 17346). Fig. 9, stripe. ;adjacent to the Entrance E 3 a I ! I FIELD NOTE: Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. 2 FIELD NOTE: r 'CONTRACTOR Per site visit, County discovered additional issue. required to 1) and 2) install ADA van accessible compliant signage at correct height. F provide e � Page 54 of 175 19 Facility: Plantation Key Annex Permit: Village of Islamorada 9 Address: MM 88 Bay Reference: Volume 1 of 4, Tab 4 !Item No. Area/Room Physical Obstacle ADA Code Method / Proposed Correction Prionty Cost ! � 1 Accessible Signage indicating accessible parking FBC Install FDOT approved signage at 84" (2133 mm) above the 1 $ Parking is mounted too low. §11 -4.6 ground, displaying the international symbol of accessibility, the ISpaces f caption "PARKING BY DISABLED PERMIT ", ONLY and the �� i penalty for illegal use of the space (FBC Fig. 9, FDOT FTP -22- I FIELD NOTE: _ _ ..°- --- ... ---W.. - - - ----- Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. i s 2 !Accessible Accessible parking space have FBC Restripe to provide an accessible parking space 144" (3657 1 $' ' s Parking incorrect line markings. §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, ISpaces i FDOT Index # 17346). � ._.,. �_.-____.._... �..�._,..�....�._............__ _.__. ;FIELD NOTE: I Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). Location to be at or near base of new ramp. (Note: This is Islamorada Permitting / Inspector prefers 144" parking space w/ a 96" access aisle - try to accommodate when adequate space is available) 3 3 Stairs Far left stairs handrails do not have §4.8 Provide handrails extensions 12" (304 mm) min. beyond the top 1$ extensions. and bottom of the stairs segment (ADAAG Fig. 19). Q i F �✓ 1 FIELD NOTE: Per site visit, CONTRACTOR required to provide ADA compliant extensions. # i Stairs e 4- tltl Right FeaF stairs handFails de Rat haye-- GV PFGY*de handFails e)den6i8R6 12" (304 FnFR) FniR. beyond the top an b e f th S 6e 4- Xp Page 60 of 175 Ramp bettem Ianding is less thaR the. F-BG ReWGFk Famp to PFGYide 72 (1828 mm)-min. leRg bettem w t rvr n d i TIUTTTf7 �.�pp,� F r " u r' 4- ."----- L..._. ...ne.- ...�._......_....._..... deep. ' �° GA. tlF # _ Ra mp FiF6t Fe„ of the gFe o iI 4- 0 1 . ! [ 4 AFIELD NOTE: Per site visit, County concluded proposed correction is not viable. CONTRACTOR required to construct new ramp running parallel with front of 'building. New ramp shall have ADA compliant 1) slope, 2) widths, 3) landings, 4) change of directions, 5) handrails, 6) handrail heights, r I E7) continuous handrails, 8) handrail extensions, 9) edge protection, and any /all aspects so ramp is ADA compliant. ' 4 IZo 000 5 Elevator Elevator does not have an audible §4.10 signal at the hoist way. Provide an audible signal in hoist ways at floors served -- the lelevator. �1 E / - i - --- - � M . � ._ __� _.. _ _ _ F ;FIELD NOTE: _ .._... _._._ _ _ ..__.. _.d. _ _ _ ..... _ ._. _...a. _...... _ .........._ i { _ ...... ._.._. .... __ ..�...._.......� __ .__ .............._ _ Per site visit, CONTRACTOR required to install audible signal. , E 6 E ator i Elevator does not have a visible signal §4.10 Provide a visible signal in hoist ways at floors served by the 3 1 $ at the hoist way. elevator. Signal shall be 2.5" (64 mm) min. in the smallest dimension and mounted at 72" (1830 mm) min. above the i finished floor to centerline of the fixture (ADAAG Fig. 20). FIELD NOTE: Per site visit, CONTRACTOR required to install visible signal. i Page 61 of 175 10 Facility: Plantation Key Senior Center Address: MM 88 Bay 9 Permit: Village of lslamorada Reference: Volume 1 of 4, Tab 10 Item No. Area / Room Physical Obstacle ADA Code Method /Proposed Correction Priority Cost 1 Two The two accessible parking space are FBC Restripe to provide an accessible parking space 144" (3657 1 !Accessible $ ! 9 ft. (2.74 m) wide each. §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, Parking a FDOT Index # 17346). ' Spaces !FIELD NOTE: i !Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). (Note: This is lslamorada Permitting/ Inspector prefers 144" parking space w/ a 96" access aisle - try to accommodate when adequate space is available) i i s i2 Two Acce ssible essible parking space does not FBC Restripe to provide an accessible parking space 144" (36571$ !Accessible have the required white and blue §11 - 4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, Parking !stripe. FDOT Index # 17346). (Spaces € l U ! i .,._.— ........._.a» 3 .moo..— (FIELD NOTE:"° .®....— ..a.......... ( Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). (Note: This is lslamorada Permitting/ Inspector prefers 144" parking space w/ a 96" access aisle - try to accommodate when adequate space is available) i .. ... _ ,. _.. _...... _. w _. _.. 3 Two�Signage indicating accessible parking FBC Install FDOT approved signage at 84" (2133 mm) above the 1 Is 'Accessible is mounted at 68" (1727 mm) above §11 -4.6 ground, displaying the international symbol of accessibility, the I Parking the finished floor to bottom edge. caption "PARKING BY DISABLED PERMIT ONLY ", and the c Q Spaces penalty for illegal use of the space (FBC Fig. 9, FDOT FTP -22- 04). ! [ FIELD NOTE: Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. a Page 65 of 175 14 One ISpace markings are blue and yellow FDOT Marking color shall be painted in blue for accessible spaces. _ 1$ Accessible instead of the required blue and white. Section Access aisles for accessible parking spaces shall be painted in Parking 02500 white 9 Spaces 44� Rt- Of Seeia1 € $ Gede EAfGFGement Main Entm �e # i CD i,FIELD NOTE: Building referred to has since been demolished. County wants to keep parking space. !Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. s 5 ;One Access aisle is 48" (1219 mm) wide. R stripe to provide an accessible parking space with a 1 ,__._$ .._ .�._..__..e� I Accessible corresponding 60" (1524 mm) min. wide access aisle (ADAAG j Parking Spaces in Unnt et Seeial- Fig. 9). I `Sew + Ges and ;Cede E Wain ERtFanne i j 6 I 9 i �� ! FIELD NOTE: Building referred to has since been demolished. County wants to keep parking space. Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. Page 66 of 175 11 Facility: Plantation Key Government Center Address: MM 88 Bay Permit: Village of lslamorada Reference: Volume 1 of 4, Tab 2 Item No. Area/Room I Physical Obstacle )A Code Method / Proposed Correction p Priority :Cost Two 1 Two Accessible parking space has a non- FBC §11 -4.6 Rework or repave to provide an accessible parking space with 1 $ compliant surface slope due to root surface slope not exceeding 2% in all dir ections p g (Fig. 9, FDOT Parking upheaval. ,Spaces Index # 17346). /U FIELD NOTE: — °- ----- i Per site visit, CONTRACTOR required to resurface parking area � t i 1 £2 'Two_ iAccessible parking space does not FBC §11 -4.6 Restripe to provide an accessible parking space 144" (3657 1$ lAccessible !have an access aisle. mm) wide with a 60" (1525 mm) wide access aisle (FDOT Index Parking .Spaces # 17346). ' jFIELD NOTE: �°- --- Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). (Note: This is Islamorada Permitting /Inspector prefers 944" space w/ a 96° try to f parking access aisle - accommodate when adequate space is available) i =3 Two Access aisle has a non - compliant FBC §11 -4.6 Rework or repave to provide an accessible parking space with 1 I Is Accessible surface slope. surface slope not exceeding 2% in all directions (Fig. 9, FDOT j ! Parking Spaces Index # 17346) ( @$5 /s.f.) ; D� FIELD NOTE: Per site visit, CONTRACTOR required to resurface parking area a Page 71 of 175 l of Maim Ew LJandFail a 'err (61 Fn) iR di. ete i §4 -.W R ep l aee h an r, ,r wide gFippin 4 3 of MaiR TheFe is a ishange diFeGtien with Re — ReWGFk long IandiR — --------- 4$ 3 landing. FaM (1624 FnFn) Fnin. f FURS FISIRg GV-1 iO" (762 mm) Fig. 16). j 1 (AIDAAG Ramp * R fFoPA- IYI VT"AItF do not have FEIG §11 4. PravWehandFails e)densi9RG 18" (467 mm) FR t MandFails extensions at ' the -t ei�- t , 3 �Ramp iR ftent { . Ramp handFails i IRstall hand -e,n, beth S. nd Fneunt between 34" aFe net Gentinuous. C am anvc n f FnFn 965 FnFn) above the r, beyond the top and bottom of the Famp 6egmeRt (ADAAG Fig. 4-7 I i 3 i j F � , c w T i F'ai rviviiv-c�c r • "'" ..+ +� " r, I 3 � � I � .._.............. _. of Main ! E n �n a ...w_.__...._...�.. 3( I segment INCLUDED. v V1' i iandiRgG. ,r Fi 1 Ent Y 6 4 FIELD NOTE: , Per site visit, County concluded proposed correction is not viable. CONTRACTOR required to construct new ramp. New ramp shall have ADA compliant 1) E slope, 2) widths, 3) landings, 4) change of directions, 5) handrails, 6) handrail heights, 7) continuous handrails, 8) handrail extensions, 9) edge t 1 /all protection, and any aspects so ramp is ADA compliant. e6o Page 72 of 175 12 Facility: Plantation Key Detention Center Address: MM 88 Bay Permit: Village of Islamorada Reference: Volume 1 of 4, Tab 9 I Item No. �._. Area/Room I Physical Obstacle ADA Code Method / Proposed Correction Priority Costs 1 FAccessibleSignage indicating accessible parking §4.6 Install FDOT approved signage at 84" (2133 mm) above the 1� $ Parking Space is mounted too low and does not have ground, displaying the international symbol of accessibility, the i the fine posted. caption "PARKING BY DISABLED PERMIT ONLY" and the penalty for ilegal use of the space (FBC Fig. 9, FDOT FTP -22- 04). 1 I -- �....__._.�...- .«_....__... ,_..._....�.._._....._..._. f ` F I�E L D NOTE: _...._.._._........._._.... _ ._..._.. ._..... r Per site visit, determined two (2) parking spaces required on either side of current access aisle. CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). 2 4FIELD NOTE: s Per site visit, County discovered additional issue. CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. ` =,3 Accessible Accessible parking space is 120" §4.6 Restripe to provide an accessible parking space 144" (3657 1 $ i IParking Space (3048 mm) wide and does not have mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, s an access aisle. ( FDOT Index # 17346). S FIELD NOTE: -- Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). (Note: This is Islamorada Permitting/ Inspector prefers 944" parking space w/ a 96" access aisle - try to accommodate when adequate space is available) 4 Accessible The internationals symbol of �� y §4.6 Restripe to provide an accessible parking space with a 1$ Parking Space (accessibility painted on the floor is corresponding 60" (1524 mm) min. wide access aisle (FBC Fig. f a non- compliant. 9, FDOT 17346). COST INLCUDED ABOVE. FIELD NOTE: Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). (Note: This is Islamorada Permitting/ Inspector prefers 144" parking space w/ a 96" access aisle - try to accommodate when adequate space is available) 1 5 Accessible Parking Space Built -up curb ramp encroaches over access aisle. §4.7 Rework sidewalk to provide a curb ramp with a 8.33% max. 1$ running slope that does not project into access aisle. !Per it site visit, CONTRACTOR required to cut down sidewalk on left to be level. Ramp down to space on right. Page 76 of 175 13 Facility: Plantation Key - Florida Keys Children's Center Address: MM 88 Bay / Located next to Detention Facility Permit: Village of Islamorada Never Assessed � ��- Item No. �� Area / Room si Phycal Obstacle ADA Code Method / Proposed Correction p Priority Cost l 1 IParking Accessible parking space does not FBC Space have the required white blue Restripe to provide an accessible parking space 144" (3657 1$ and §11 -4.6 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, E stripe. FDOT Index # 17346). /C9 C9d I FIELD NOTE: -' I Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. (Note: This is Islamorada Permitting / Inspector prefers 144" parking space w/ a a 96" access aisle -try to accommodate when adequate space is available) _ Signage i'2 fSignage indicating accessible parking FBC Install FDOT approved signage at 84" (2133 mm) above the 1 $ I !is incorrectly mounted. §11 -4.6 ground, displaying the international symbol of accessibility, the j caption "PARKING BY DISABLED PERMIT ONLY ", and the for illegal Sow ! penalty use of the space (FBC Fig. 9, FDOT FTP -22- F € i 04). I ; FIELD NOTE ' i Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. t 3 r p (The current ramp is non compliant r See below 1 $ FIELD . ---° i Per site visit, CONTRACTOR required to construct new New have ADA ramp. ramp shall compliant 1) slope, 2) widths, 3) ,landings, 4) change of directions, 5) ,handrails, 6) handrail heights, 7) continuous handrails, 8) handrail extensions, 9) edge protection, and any /all aspects so ramp is ADA compliant. I Page 80 of 175 14 Facility: Plantation Key Roth Building Permit: Village of Islamorada 9 Address: MM 88 Bay _ Reference: Volume 1 of 4, Tab 5 Item No. LAi Physical Obstacle ADA Code Method / Proposed Correction Priority lCost 1 Accessible Accessible parking space does not FBC §4.6 Restripe to provide an accessible parking space in accordance 1 i Parking Space have outline in blue stripe. with FBC 11- 4.6.3. #$ at Parking Area 1 ; I !� FIELD NOTE: 1 Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). €(Note: This is Islamorada Permitting / Inspector prefers 144" parking space w/ a 96" access aisle - try to accommodate when adequate space is available) i2 ;Accessible !Surface does not have truncated §4.29 gRework surface to provide raised truncated domes with a 1 $ ;Parking Space Idomes or contrasting color to cross diameter of nominal 0.9" (22 mm), a height of 0.2" (5 mm) and at Parking Ithe driveway area. Ia center -to- center spacing of nominal 2.35' (59 mm) and that Area 1 i shall contrast visually with adjoining surfaces. € FIELD _ _ NOTE: - Per site visit, CONTRACTOR required to install truncated domes on each side of driveway. 1 3 Ramp 2 Ramp has a 16.6 % non - compliant §4.8 Rework ramp to provide a running slope not exceeding 8.33% running slope. (ADAAG Fig. 16). FIELD NOTE: � Per site visit, County concluded proposed correction is not viable. 'CONTRACTOR required to construct new RAMP 2. New ramp shall have ADA compliant 1) slope, 2) widths, 3) landings, 4) change of directions, i 5) handrails, 6) ?handrail heights, 7) continuous handrails, 8) handrail extensions, 9) edge protection, and any /all aspects so ramp is ADA compliant. t ! [CONTRACTOR to provide compliant hand railing and edge protection on upper level deck. f Page 85 of 175 4 4 So 0 kFIELD NOTE: I Per site visit, County concluded RAMP 3 is not for public access. 'CONTRACTOR required to determine solution for blocking public access onto RAMP 3. i b Ramp 3 b o i nsta l ' handFa en both s of Famp and mount betw;;W�W 4- ie.,,.fti a d oes `^^'• "� \? o TTTGTfs'Cil'�7i7QZ 'iTVf E e IDefendeF have the FeqU hand faGes. HandFa sha exteRd 12" (304 FAM) FA I 'FIELD NOTE: pPer site visit, County concluded RAMP 3 is not for public access. i CONTRACTOR required to determine solution for blocking public access onto RAMP 3. Page 86 of 175 1 15 Facility: Plantation Key Public Works Complex Adress: MM 88 Bay Permit: Village of Islamorada Reference: Volume 1 of 4, Tab 11 i Item No. T_ Area Room Physical Obstacle 1ADA Code Method I Proposed Correction F r - io — ri Accessible parking space has a 4.7 % �4_.6 FRew(��k_o_r"�epvWto _provide _ana_ccessib1 e parking space with 1 O ne surface ;A non-compliant surface slope. surface slope not exceeding 2% in all directions. Parking Space by Public Works Building Main entrance iFIELD NOTE: . . . ..... !Per site visit, CONTRACTOR required to resurface parking area. i2 ;One Accessible parking space and access FBC 4.6 Restripe to provide an accessible parking space 144" (365 1 Is Accessible aisle by public works main entrance mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, Parking Space does not have the required white and FDOT Index 17346). by Public blue stripe. Works Building Main entrance 1FIELD NOTE: Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. '(Note: This is Islamorada Permitting Inspector prefers 144 " parking space w1a 96 access aisle - try to accommodate when adequate space is available) 14 One jThere is no an accessible route that §4.3 Restripe to provide an accessible route from parking space to iAccessible connects the accessible parking I ramp that leads to main entrance. IParking Space space with the ramp that leads to by Public public works main entrance. Works Building Main I coo I entrance iFIELD NOTE: Per site visit, CONTRACTOR required to route an accessible path to entrance. ........ . . . Page 95 of 175 I4 lAccessible Parking space does not have the FBC §4.6 estripe to provide an accessible parking space 144" (3657 1 $ jParking Space by 6feyAh required white and blue stripe. mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, ( Management FDOT Index # 17346). f Main Entrance s __ —SO .___. m j I I /w 3 � { _— .._..— ___ __ NOTE: t `s_i,t_"__ __d .. __._..__._.LD e visit, this is CIAL SERVICES. Per site visit_ , CONTRACTOR required to stripe ADA compliant parking space and access aisle. d `5 1Accessible Built -up curb ramp encroaches over §4.7 R „» Rework sidewalk to provide a curb ramp with a 8.33% max. - 1 $ I Parking Space ;access aisle. running slope that does not project into access aisle. I Management Main Entrance r i f ��00 f 1 i { I ;FIELD NOTE: ;Per site visit, this is SOCIAL SERVICES. Per site visit, CONTRACTOR required to construct concrete sidewalk. 6_ Accessible - _..�..— ep � — ._...__. ..__...._. — . . n —.. I Accessible parking space does not §4.6 _,..a._.,..._.w_— _..,.._ �.._, �-- c - e __ i6 - 1 - ,_— par ,,...._�.. that _.,y».__._,._.__ Install signage indicating accessible parking that displays the_ ,�,.._ -- $ Parking Space 1parking. have signage indicating accessible international symbol of accessibility so that it cannot be by 6Fewfh- obscured by a vehicle parked in the space. I 5 60 IMain Entrance i E ;FIELD NOTE: IPer site visit, this is SOCIAL SERVICES. Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. R E i Page 96 of 175 116 Facility: Islamorada Library Address: MM 81 Bay / Overseas Hwy�� Provide handrails extensions 18" (457 mm) min. beyond the top lof Permit: Village of Islamorada Entrance Reference: Volume 1 of 4, Tab 6 W Item No. Area / Room Physical Obstacle ADA Code Priority Cost F 1 Two Accessible arkin s ace avement P 9 P P FBC 11-4.6 § Restri a to an accessible parking space 144" 3657 1 p P P 9 P ( $ 6 i �Accessible marking are incorrect. with mm) wide with a 60 (1525 mm) wide access aisle (FDOT Index Parking ; # 17346). Spaces Per site visit, CONTRACTOR required to stripe ADA compliant parking space(s) and access aisle(s). (Note: This is Islamorada Permitting /Inspector prefers 944 "parking space w/ a 96" access aisle - try to accommodate when adequate space is available) i2 Accessible �Ramp change direction at landing is §4.8 Rework change direction at landing to provide 60" by 60" (1524 1 !Route to Main 54" by 57" (1372 mm by 1447 mm). by 1524 mm) min. r Entrance =FIELD NOTE: jPer site visit, CONTRACTOR required to construct an ADA compliant concrete turning radius. =3 ;Accessible _ i Route to Main ; Ramp handrails at the top landing do have FBC §11 -4.8 Provide handrails extensions 18" (457 mm) min. beyond the top lof R 1$ Entrance !not extensions. the ramp segment. i I } t Per site visit, CONTRACTOR required to provide handrail extensions. Page 105 of 175 117 Facility: Long Key Transfer Station Address: Permit: Monroe County Reference: Volume 3 of 4, Tab 33 Item No. oom Physical Obstacle ADA Code Method / Proposed Correction Priori Aa / R ty Cost 1 AFIELD NOTE: I z Per site visit, County concluded proposed correction is not viable. CONTRACTOR required to provide & install sign indicated in attachment. County to now provide service via direct cutomer contact. / page 111 of 175 18 Facility: Ramp handrails are mounted at 32" FBC §11 - 4.8 Marathon Animal Shelter Address: MM 52 Bay / 10600 Aviation Blvd. l$ Permit: City of Marathon Reference: Volume 2 of 4, Tab 23 (813 mm) above the finished floor to and 38" (863 mm - 965 mm) above the finished floor to top of ltem No. Area/Room I Physical Obstacle ADA Code Method / Proposed Correction Priority Cost _000 one side of the ramp. beyond the top and bottom of the ramp segment (FBC Fig. 17). 1 Accessible Parking Space Space Accessible parking space surface is FBC §11 -4.6 not Rework or repave to provide an accessible parking space with 1 $ stable. surface a stable surface slope and slope not exceeding 2% in A all directions. a� I 1 �ccl n nir�rr. I Per site visit, CONTRACTOR required to resurface parking area. 2 ;Accessible ,Accessible parking space does not §4.6 Restripe to provide an accessible parking space 144" (3657 1 is Parking Space have pavement markings. 9 mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, j FDOT Index# 17346). IFIELD NOTE: I Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. a 13 iAccessible signage indicating accessible parking §4.6 _ Install FDOT approved signage at 84 (2133 mm) above the 1 i$ Parking Space is mounted at 36" (915 mm) above the ground, displaying the international symbol of accessibility, the ground and does not have the fine caption "PARKING BY DISABLED PERMIT ONLY ", and the ;posted. Ipenalty for ilegal use of the space (FBC Fig. 9, FDOT FTP -22- 04). i ._ ..- ..- ..._....- -- °FIELD NOTE: Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. I ;4 Building Ramp handrails are mounted at 32" FBC §11 - 4.8 Install handrails on both sides of ramp and mount between 34" 1 l$ Entrance (813 mm) above the finished floor to and 38" (863 mm - 965 mm) above the finished floor to top of top of gripping surfaces and only on gripping surfaces. Handrails shall extend 18" (457 mm) min. _000 one side of the ramp. beyond the top and bottom of the ramp segment (FBC Fig. 17). °nF-l_v 1 1 G Per site visit, CONTRACTOR required to provide handrail extensions. 5 Building ;Entrance Ramp does not provide edge protection at drop -off. §4.8 Provide curbs, railings or projecting surfaces to prevent people from slipping off the ramp (ADAAG Fig. 17). 1 $ i ©(; Q rILLU IVV I C: i Per site visit, CONTRACTOR required to construct edge protection. Page 115 of 175 6 IBuilding Entrance Ramp mid landing does not provide turning space for landings at change j in direction. r I §4.8 Rework ramp to provide a landing 60" x 60" (1524 mm 52 mm) min. at landings with changes in direction (ADAAG Fig. 116). ? COO jFIELD NOTE: Per site visit, CONTRACTOR required to construct an ADA compliant concrete turning radius. i i 7 iBuilding Ramp bottom landing is gravel. §4.8 Rework ramp bottom landing to provide 72" (1828 mm) min. 1 $ Entrance long firm, stable and slip resistant bottom landings (ADAAG Fig. j r 16). € IFIELD NOTE: -- - -- 'Per site visit, CONTRACTOR required to construct ADA compliant concrete bottom ramp landing. 8.. FIELD NOTE: ' Per site visit, County discovered additional issue. CONTRACTOR required to construct ADA compliant concrete accessible route from ramp to cthe parking space. I E i i Page 116 of 175 119 Facility: Marathon Annex Address: MM 50 Ocean / 490 63rd Street Provide an above grade sign mounted at 84" (2134 mm) above Permit: City of Marathon Reference: Volume 2 of 4, Tab 24 i Item No. ARoom Physical Obstacle ADA Code Method / Proposed Correction -� Priority Cost 11 Three All accessible parking spaces are 84" FBC §11 -4.6 Restripe to provide an accessible parking space Main Entrance i Accessible (2134 mm) wide. i mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, i i Parking Spaces by FDOT Index # 17346). Main Entrance, Q� and Side Entrance I . I- -.". County concluded proposed correction is not viable. New location established for two (2) of the three (3) accessible parking spaces. Per site visit ... CONTRACTOR required to stripe ADA compliant parking space and access aisle on parking space located in main parking lot. CONTRACTOR required to delete (cover over) 1 st parking space running parallel with building. CONTRACTOR required to 1) relocate landscaping and 2) stripe two (2) ADA compliant parking space(s) and access aisle(s) at side entrance of building to run pendicular from the building. 2 Three (Accessible ,Accessible parking sign is mounted at '54" FBC §11 -4.6 Provide an above grade sign mounted at 84" (2134 mm) above 1$ $ Parking (1372 mm) above the finished floor to its bottom leading edge. i the ground to the bottom of the sign bearing the International symbol of Accessibility. i f Spaces by 1 caption "PARKING BY DISABLED PERMIT ONLY" and the for illegal 1 ; Main Entrance enal use of the space FBC Fig. 9 FDOT FTP -22- penalty 9 p ( 9 . i iI ILLV 11 %-j 1 C. I Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height at all three (3) parking spaces. i3 jThree I Accessible parking space does not §4.1 Install FDOT approved signage at 84" (2133 mm) above the 1 $ Accessible have signage indicating the fine ground, displaying the international symbol of accessibility, the Parking ;Spaces by ordinance. caption "PARKING BY DISABLED PERMIT ONLY" and the for illegal C l ✓ �Q enal use of the space FBC Fig. 9 FDOT FTP -22- penalty 9 p ( 9 . „Main Entrance .04). r I L L LJ IN 1 C. Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height at all three (3) parking spaces. Page 122 of 175 4 Ramp Ramp does not have the required FBC §11 -4.8 Install handrails on both sides of ramp and mount between 34" 1 Is i handrails. from slipping off the ram ADAAG Fig. 17 Pp� 9 P ( g• )• and 38" (863 mm - 965 mm) above the ramp surface to top of landing is in vehicular way. shall have no less than 72" (1829 mm) of straight and level gripping surfaces. Handrails shall extend 18" (457 mm) min. ! clearance that does not project into vehicular lines (FBC Fig. i �^ beyond the top and bottom of the ramp segment (FBC Fig. 17). III { �iGi n Kin I rte. t . , � - F • - -- k Per site visit, CONTRACTOR required to 1) demo non - compliant current ramp and 2) construct ADA compliant ramp to include compliant handrails. 5 Ramp Ramp intermediate landing size is smaller than the required and bottom FBC §11 -4.8 Rework ramp to provide 60" (1524 mm) min. clear long landings top intermediate 1 $ I t protection at drop-off. p p at and landings and the bottom of each ramp from slipping off the ram ADAAG Fig. 17 Pp� 9 P ( g• )• � 1 landing is in vehicular way. shall have no less than 72" (1829 mm) of straight and level ' clearance that does not project into vehicular lines (FBC Fig. �^ III 16) t . , Per site visit, CONTRACTOR required to 1) demo non- compliant current ramp and 2) construct ADA compliant ramp to include compliant landings. Ramp ;Ramp top landing is 43.5" (1105 mm) T §4.8 iRework ramp to provide 60" (1524 mm) min. clear long landings !wide. lat top and intermediate landings (ADAAG Fig. 16, 17). FIELD NOTE: Per site visit, CONTRACTOR required to 1) demo non - compliant current ramp and 2) construct ADA compliant ramp to include compliant landings. i7 Ramp _.__ 'Ramp does not provide edge §4.8 curbs, railings or projecting surfaces to prevent people NA $ $ I t protection at drop-off. p p from slipping off the ram ADAAG Fig. 17 Pp� 9 P ( g• )• � 1 L. LI..I IVV I t-. Per site visit, CONTRACTOR required to 1) demo non- compliant current ramp and 2) construct ADA compliant ramp to include edge protection. Page 123 of 175 ., '8 Buildin Main Entrance does not have signage 9 displaying y. - ._......_ .......... _........ _..........,. ..._...... ...._....._.................._. 9 __ _Y_ §4.1 Provide signage a the International symbol of 1 Entrance displaying the international symbol of accessibility. accessibility. AFIELD NOTE Per site visit, CONTRACTOR required to 1) provide and 2) install compliant signage. 9 Building Side Entrance does not have signage §4.1 Provide signage displaying the International symbol of 1 i s Entrance displaying the international symbol of accessibility. .-- ( accessibility. ;FIELD NOTE Per site visit, CONTRACTOR required to 1) provide and 2) install compliant signage. 9 10 Building Side Maneuvering clearance on the pull ;§4- 3 TRework area to provide a level and clear maneuvering space. 1 Is Entrance !side of the door has a surface slope. AFIELD NOTE: ._......�,..._ . �..._. ...,....s._._....�...._...__._. l !,Per site visit, CONTRACTOR required to provide compliant surface slope. 91 `Interior Ramp ;Ramp transition with top landing §4.8 ?Rework transition of ramp to provide a running slope not��1$ s lexceeds 8.33 % non - compliant !running slope. 1,exceeding 8.33% (ADAAG Fig. 16). �Q €FIELD NOTE. Per site visit, CONTRACTOR required to 1) demo non - compliant current ramp and 2) construct ADA compliant ramp to compliant slope. l 112 _ Interior Ramp Ram p does not have the required FBC §11 -4.8 Handrails shall extend 18" (457 mm) min. parallel to ground ! 1 #$ } handrails extensions parallel to the ground. floor level and beyond the top and bottom of the ramp segment (FBC Fig. 17). ! 00 (FIELD NOTE: Per site visit, CONTRACTOR required to 1) demo non - compliant current ramp and 2) construct ADA compliant ramp to include compliant handrails. a Page 124 of 175 13 Exterior Ramp Ramp bottom landing is less than 72" §4.8 Rework ramp to provide 60" (1524 mm) min. clear long landings 1 (1829 mm) long. at top and intermediate landings and the bottom of each ramp ! shall have no less than 72" (1829 mm) of straight and level + clearance (FBC Fig. 16). i l FIELD NOTE: I --j Per site visit, CONTRACTOR required to 1) demo non- compliant current ramp and 2) construct ADA compliant ramp to include compliant landings. 14 E erior Ramp { Ramp does not provide edge §4.8 Provide curbs, railings or projecting surfaces to prevent people - RA - 7 — A �$ protection at drop -off. from slipping off the ramp (ADAAG Fig. 17). i =FIELD NOTE: Per site visit, CONTRACTOR required to 1) demo non - compliant current ramp and 2) construct ADA compliant ramp to include compliant edge protection. 115 =Exterior RampRamp does not have the required FBC §11 -4.8 Install handrails on both sides of ramp and mount between 34" 1 is i handrails. and 38" (863 mm - 965 mm) above the ramp surface to top of I ? gripping surfaces. Handrails shall extend 18" (457 mm) min. I beyond the top and bottom of the ramp Fig. 17). 3 segment (FBC .. .. ...a.....«... � FIELD NOTE:" ..o..... ... �... am�v.... aa. �«..«... wm. �..... nww» i.. ........ o.. m.. ......e.�.........n.— ..>..... m..m.�.m......n........«. .m....... Per site visit, CONTRACTOR required to 1) demo non - compliant current ramp and 2) construct ADA compliant ramp to include compliant handrails. Page 125 of 175 „ 120 Facility: Marathon Detention Facility Address: MM 49 Ocean / 3891 Ocean Terrace Permit: City of Marathon Reference: Volume 2 of 4, Tab 20 Item No. Area / Room Physical Obstacle ADA Code Method / Proposed Correction Priority Cost �aflENi� er g bl F ki ng spa FBG§ R R es t F o pe t _ 4 - , (3429 Fnm) wide. mm) wide with a 60” (1 526 FAFA) i ndex w aGre66 a (F-DOT 6 { ). I ,i (1626 mm) w l Rd aGGess a (FIDOT # 17346). t ! l � RaFk s � JAGGessib does ST° §4 A e k '' (1624 rnm) �_ { i 8 pp F paFk spare net have Zt aneccas ai sie. m w aGGess ais (ADAAG 4 { Fi �CLUDE th b t _ V o the- l ntefflatienal s ef aGGe66ffi i e a vehisl } lay- e�arlGed in�e�a� -- I g i°Pes s 1 d I V IGLU 14 %-j I C. Per site visit, County concluded proposed correction is not viable. New location established for accessible parking space. Per site visit.. CONTRACTOR required to delete (cover over) current parking space. CONTRACTOR required to stripe ADA compliant parking space and access aisle at new location in front of pedestrian access gate. CONTRACTOR required to install ADA compliant curb cut at top of access aisle. CONTRACTOR required to ensure ADA comliant access route to gate including edge protection and compliant slope. CONTRACTOR required to construct concrete ADA compliant landing at entrance gate. k� 3,0 Page 136 of 175 � 11 121 Facility: Marathon Health Department Address: MM 48 Ocean / xxx us1 E L»., » » ». F � ..»....- .,«...».w.,.. »....w.... .....�...ww........»....... », w- w.....�w_...w..w».».. »_ �........ ww.w. w�»... w.... r I Permit: City of Marathon w........_ w....».... �..........».»..»..,.»»......»».». w. ww......»....... w.».. �... w....................». �w®.........-».... �. �-..... w..»»...» ..........,..»,...»....»»..»..F Reference: Volume 2 of 4, Tab 22 ;Item No. ;Area / Room Physical Obstacle ADA Code Method / Proposed Correction Priority Cost 1 Accessible The accessible parking spaces, FBC §11 -4.6 Restripe to provide an accessible parking space 144" (3657 Parking access aisle and international symbol mm) wide with a 60" (1525 mm) wide access aisle (FBC Fig. 9, !Spaces of accessibility are painted in blue FDOT Index # 17346). paint only. ;FIELD NOTE: ._�....�...�._._ ___- �___. J. w. w.. ww_ w.... w_..._. �_ www�ww._.. w._ w_..._____..,., w,. n.. w_...... �.._ wa. w. ww. w_... �....., w_._..., w.. w. w._.-.. w..... www... .�.._w..�_.........�.Iw.»...._. . �w .:K.�_..,w_.._�_._.... ®�w.,_w. !Per site visit, CONTRACTOR required to stripe ADA compliant parking space and access aisle. j 2 !Accessible IThe signage indicating accessible FBC §11 -4.6 Provide a sign indicating van - accessible parking and mount 1 $ ;Parking sparking space does not have the fine I below the international symbol of accessibility. !Spaces land the ordinance. I 1 _ Ste° FIELD NOTE: Per site visit, CONTRACTOR required to 1) and 2) install ADA provide van accessible compliant signage at correct height. i 3 !Curb Ramp at ISurface does not have truncated §4.29 Rework surface to provide raised truncated domes with a 1 $ E !Accessible domes or contrasting color. diameter of nominal 0.9 mm), a height of 0.2 mm) and i Route # a center -to- center spacing of nominal 2.35" (59 mm) and that i shall contrast visually with adjoining surfaces. CJ� ! E FIELD NOTE: { Per site visit, CONTRACTOR required to install ADA compliant truncated domes. 14 !FIELD NOTE: Per site visit, County discovered additional issue. RAMP needs to be brought into compliance. CONTRACTOR required to demo ramp up to edge of building. � I K CONTRACTOR required to construct concrete compliant ramp to include ADA compliant slope. CONTRACTOR required to construct concrete compliant ramp to include ADA compliant landing. CONTRACTOR required to install ADA compliant handrails from base of ramp along entire length. 1 _-._.. ........ ... ._ ...... w..w. ..... ... __»... ............... ._ .._._ __.__...... ��........_...... . .. .... _ .... _ ...... _..__..__� Page 142 of 175 22 Facility: MaFathen Tax GGIIeGt0F (Drivers License) Address: MM 48 Bay / 3384 Overseas Hwy. Permit: City of Marathon Reference: Volume 2 of 4, Tab 14 Item No. Area / Room Physical Obstacle ADA Code Method / Proposed Correction Priority Cost - Accessible There are 19 parking spaces. Only 1 FBC §11.4.1 Re- stripe this accessible parking space to convert into standard 1 _ Parking S p ace designated accessible arkin space p g p parking space. I 1 Tax- at is required. G911eGteF'6 Drivers I License i Entrance. :FIELD NOTE: Per site visit, CONTRACTOR required to delete (cover over) current parking space in front of building. 2 ;Accessible !Accessible parking space does not FBC §11.4.6 Install FDOT approved signage at 84" (2133 mm) above the 1 $j !Parking Space 1have signage indicating accessible aground, displaying the international symbol of accessibility, the 2 along West 1parking. caption "PARKING BY DISABLED PERMIT ONLY ", and the ( ' ;side the of ! penalty for illegal use of the space (FBC Fig. 9, FDOT FTP -22- E building. 04) i !FIELD NOTE: Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height. j 3 'Accessible Accessible parking space is 111" FBC §11.4.6 Restripe to provide an accessible parking space 144" (3657 1 $ �! I Parkin Space 2819 mm wide. mm wide with a 60 1525 mm wide access aisle FBC Fig. 9, f 9 P ( ) ) " ( ) ( 9• 4 2 along West FDOT Index # 17346). ��y� side of the /OW I building. I FIELD NOTE: !Per site visit, CONTRACTOR required to stripe ADA compliant parking space. 4 Accessible jAccessible parking space access FBC §11.4.6 Restripe to provide an accessible parking space 144" (3657 1 $ I Parking Space aisle width is 44 (1118 mm) mm) wide with a 60 (1525 mm) wide access aisle (FBC Fig. 9, 2 along West FDOT Index # 17346). �� o side of the building. FIELD NOTE: : Per site visit, CONTRACTOR required to stripe ADA compliant access aisle. Page 149 of 175 € 5 Accessible Built- curb ram encroaches over T _ p p §4.7 Rework sidewalk to provide a curb ramp with a 8.33% _ max. 1 I Parking Space access aisle. running slope that does not project into access aisle. 2 along West side of the building. � ) } � d4 �CJ AFIELD NOTE: - - °-- Per site visit ... CONTRACTOR required to install ADA compliant curb cut at top of access aisle. r CONTRACTOR required to construct concrete ADA compliant ramp from new parking space to the entrance. 6 ;Accessible !Curb ramp has a non - compliant cross §4.3 Rework curb ramp to provide a running slope not to exceed 1 !Route 1 at Tax I slope of 3 %. 8.33% (ADAAG Fig. 11). i Collector's I 9 �� ;entrance F E AFIELD NOTE: Per site visit, CONTRACTOR required to construct ADA compliant cross slope. i 7 Accessible Accessible route has anon- compliant ! §4.3 Rework or repave accessible route to provide a cross slope not 1 � I Y $ Route 1 at Tax cross slope of 6 %. exceeding 2 %. 'Collector's I ;entrance l i 3 c ' I rFIELD NOTE: t i Per site visit, CONTRACTOR required to construct ADA compliant cross slope. I i 18 Accessible Curb ramp has a non - compliant §4.7 Rework curb ramp to provide a running slope not to exceed 1 - �$ ' # Route 2 at running slope. 8.33% (ADAAG Fig. 11). I West side of the building L l 0 IFIELD NOTE: Per site visit, CONTRACTOR required to provide ADA compliant handrails and edge protection. k j Page 150 of 175 23 Facility: Marathon Senior Citizen Center AARP Address: MM 48 Bay / Across from Stanley Switlik School on 33rd Street Permit: City of Marathon r Reference: Volume 2 of 4, Tab 16 Item No. Area / Room Physical Obstacle JADA Code Method / Prop Correction Priority Cost 4 ....... ...............a.....e.e.w.... .... _.. » .,..,.... e ... ........ .. _e. 1 jAccesible Passenger loading zone does not §4.6 Provide a 60" (1524 mm) min. wide . by . 20 ft. (6096 mm) min. 1$ Parking Space have a clear access aisle. long access aisle parallel to the vehicle pull up space with a I Right Side ± isurface slope not exceeding 2% in all directions (ADAAG Fig. 1Q�Q I FRONT 110). FIELD NOTE: i Per site visit, CONTRACTOR r equired to stripe ADA comp liant parking sp and access aisle. Parking Lot !Signage indicating accessible parking §4.6 Relocate FDOT approved signage at 84 (2133 mm) above the 1 i $ jSignage - lis mounted too low. !ground, displaying the international symbol of accessibility, the Right Sid Icaption "PARKING ", BY DISABLED PERMIT ONLY and the Q I penalty for ilegal use of the space (FBC Fig. 9, FDOT FTP -22- ,FRONT X � FIELD NOTE: Per site visit, CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant s at correct h eight. 13 Building Ramp handrails are mounted at 32" FBC §11- Remove and re- install handrail of ramp and mount between 34" 1 Entrance Ramp i #(813 mm) above the finished floor to !top of gripping surfaces. 4.8.5 and 38" (863 mm - 965 mm) above the finished floor to top of gripping surfaces. Handrails shall extend 18" (457 mm) min. beyond the top and bottom of the ramp segment FBC 4.8.4.5 I i (FBC Fig. 17). 4 Acces to i ,Public Ramp connecting ramp bottom ° landing to public side walk has a FBC §11.4.8. 5 Install handrails on both sides of ramp and mount between and 38" (863 mm - 965 mm) above the ramp surface to top of ;Sidewalk running slope of 7% and does not gripping surfaces. Handrails shall extend 18" (457 mm) min. # S 00 F have the required hand rails. i a beyond the top and bottom of the ramp segment (FBC Fig. 17). # ' ,FIELD NOTE: Per site visit, CONTRACTOR required to install handrails at ADA compliant height with ADA compliant ext �5 Per site visit, County discovered additional issue. CONTRACTOR required to construct concrete ADA compliant ramp entrance and ADA compliant barrier 16 Main Entrance This entrance does not have signage §4.1 Post signage indicating location of the accessible entrance 1 Door posted posted indicating the location of an serving the facility. If sign is to be placed overhead it shall have J`QQ F ! accessible entrance. a minimum character height of 3" (76 mm). 3 F iFIELD NOTE: Per site visit, CONTRACTOR required to install ADA compliant signage. _ _ r Page 156 of 175 124 Item No. Facility: Marathon Library Permit: City of Marathon Area / Room Physical Obstacle TAIDA Code Address: MM 48 Ocean / 3251 Overseas Highway - -— Reference: Volume 2 of 4, Tab 17 -- Method / Proposed Correction Priority Cost 4 � PaFk i ng Spa e@ n � ry � 2 n ^ € i� 11�ble »� PaF�� - Spaee s 1 ...• *ng Zo !� ^ tZeccenne p ^m 1eading Zone i 4- ................ � j r s $ 9 3 $ : i ..«.......«.. .«. «....«_ 7 } �-- j l �. paFking GOMp suFfare 619pe " = 11 4-� suFfaGe slene not emseedin 2% in AireGtinn 9 CIDQT all (F dex # (3 962 FnFn) deep and i s § 60" pa i n ted rr FnFn) wide with a (1525 FnFn) wade aersess aisle (Fig 11 at 44" (1117 ..• Fn) abo e � y ............ ....d the finished flOOF W the bettem of the "PARKING BY DISABLED PERMIT fine i net ;s and t he eaptien ONLY", and the illegal the CTP €S Fig. PaF kinn Pester penalty-fer use of spase{F 8, FDQT 2 long aesess ai6le te the YehiGle !have a GleaF aoGess aisle. The passenger leadin a i•Ir e nn+ have signage pested with the- paFaliel pull Up 6pase yieth surfaee s lope not e din g 2% ; d* Fi g. a ll (ADAAG Of Rdioating IeGatien ef the aeeessible passengeF leading zene n h aFaGteF he o 4� l , 2 - e There is ne a Ge6sihie between §4-.-T I 1 _J I M the nec ce er Inerlin the w ith th d oes o nto l anes z one and Funn 6 no PFGjeGt Yeh tFaffiG Page 160 of 175 , ..^ FIELD Per site visit, County concluded proposed correction is not viable. New location established for accessible parking space. Per site visit ... CONTRACTOR required to delete (cover over) current parking space. CONTRACTOR required to stripe ADA compliant parking space and access aisle at new location north side of property. CONTRACTOR required to 1)provideand 2) install ADA van accessible compliant signage at correct height. CONTRACTOR required to install ADA compliant curb cut at top of access aisle. 1 CONTRACTOR required to construct concrete ADA compliant ramp from new parking space to the library entrance (covering stairs - length detennined byslope). 1CONTRACTOR required to ensure access route to entrance is an ADA comliant ramp including slope, edge protection and handrails . CONTRACTOR required to end ramp at covered drive thru. , ' CONTRACTOR required to install ADA compliant truncated domes indicating accessible route is entering traffic !CONTRACTOR required to stripe an access aisle across driveway to other side. !CONTRACTOR required to install ADA compliant curb cut to establish accessible to route to main entrance. Page 161 of 175 .. 25 Facility: Marathon Sheriff Substation and Tax Collector Address: MM 48 Ocean / 3103 Overseas Hwy. , Permit: City of Marathon Reference: Volume 2 of 4, Tab 15 ,Item No. Area / Room Physical Obstacle ADA Code Method / Proposed Correction Priority Cost _ ... i 1 !T'we One Space markings are painted in blue FDOT Marking color shall be painted in blue for accessible space Accessible Winstead of the required blue and Section Access white. aisles for accessible parking spaces shall be painted in ! IParking white. Spaces in front / Building �� ,of / AFIELD NOTE: !Per site visit, County concluded one (1) parking sace is compliant. CONTRACTOR required to stripe ADA compliant parking space and access aisle. 12 #Accessible Built -up curb ramp encroaches over §4.7 Rework sidewalk to provide a curb ramp with a 8.33 % max. 1 $ ;Route from front access aisle. running slope that does not project into access aisle. i �Accessible I !Parking ®U i Spaces to i ' i Main Entrance I . ........... :FIELD NOTE: ,Per site visit, CONTRACTOR required to construct ADA compliant curb cut. TF&Uit 'S paees e on 9 �� ,,,, deGt d 2 ;. AGGe°°_ a• °_Ie_ f_ a___ss .. Fking on.-... hall b p ai n ted NA ! i $� g Le IAsseaa I S*de �+ng PaFking Spa and Rea Let i i Fig. 9). Page 165 of 175 16 Fx an a _ - -- PaFkwRg Spaees en PaFkiRg Let a F { ,FIELD NOTE: Per site visit, County concluded parking spaces are to be removed. jCONTRACTOR required to delete - cover over. 4 Page 166 of 175 . . 1 26 Facility: Marathon Government Center Address: MM 48 Bay / 2798 Overseas Hwy. Permit: City of Marathon Reference: Volume 2 of 4, Tab 18 Iitem No. Area / Room I Physical Obstacle ADA Code Method / Proposed Correction Priority Cost i t lA66essib ide2lD I PaFking i " ISpa6es s 4 i I Aer ihl s esse S 3 r'cgvc�� spaE;es I YT' ° �eywde an aGGessible paFliffing spare with a- �� 4- I I PaFking Y 1 I€ig -a). i I «may Q�AVt r{ v v 6uFfa s lope not e)(Geeding 2% In all lre Gt # i 2 - % - , �— °Pp 4 iThree 1 AGGese+ble- ! Signage ind aGraessible paFking § '.fig I SpaGes ` w AG eessible � AssesSible 1 j §4-7 i ➢ # I E 'SpaGe6 IiE L 3 AFIELD NOTE: Per site visit, County concluded proposed correction is not viable. New location established for three (3) accessible parking spaces. Per site visit ... CONTRACTOR required to delete (cover over) two (2) current parking spaces located on left and right side of main entrance. ,CONTRACTOR required to remove ADA signage located on left and right side of main entrance. ;CONTRACTOR required to stripe three (3) ADA compliant parking spaces and two (2) access aisles east of main entrance. }CONTRACTOR required to 1) provide and 2) install ADA van accessible compliant signage at correct height at new location. 3'CONTRACTOR required to ensure ADA comliant access route to main entrance including edge protection and handrails. YD r � Page 171 of 175