Loading...
03/19/2014 Agreement „..7 11,,.'\,\*/),,,,,,-. ,. ' S : m: — \ ,r7,,,.„, ., s.‘, , #4 CPA F 0 .„., �. .= ` Q . HEAVILIN,ik <6 CLERK OF CIRCUIT COURT & COMPTROLLER 51 +S yy ”4 MONROE COUNTY,FLORIDA noRtoP DATE: April 16, 2014 TO: David Hill, Director Project Management ATTN: Ann Riger FROM: Vitia Fernandez, D.C. At the February 19, Board of County Commissioner's meeting the Board granted approval and execution of Item C11 (1) award Contract for ADA Segments 1&2 Combined to D.L. Porter Constructors, Inc. in the amount of$689,070.00, which represents the stated total Base Proposal minus the Alternates, (2)to waive bid irregularity in the bid which included the alternate prices in the total base proposal and(3) approval of contract in the amount of$689,070.00. If the contract cannot be executed at that price, approval to award bid to the second highest bidder, Pedro Falcon Electrical Contractors, Inc., any contract will Pedro Falcon will be brought back to the BOCC for approval. This contract will be funded be funded by a CDBG Grant, overseen the DEO and by 304 Funds. Enclosed is a duplicate original of the above-mentioned for your handling, Should you have any questions,please feel free to contact our office. cc: County Attorney (w/o Public Construction Payment Bond) Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED Agreement Between Owner and Contractor AGREEMENT made as of the Nineteenth day of March in the year of Two Thousand Fourteen (In Words, indicate day, month and year.) BETWEEN the Owner: Monroe County Board of County Commissioners (Name and address) 500 Whitehead Street Key West, Florida 33040 and the Contractor: D.L. Porter Constructors, Inc. (Name and address) 6574 Palmer Park Circle Sarasota, FL 34238 For the following Project: ADA COMPLIANCE, SEGMENT# 1 & 2 Combined, Monroe County, FL. County Public Facilities The work consists of numerous and varied construction projects created to update certain County facilities and to bring the listed facilities into compliance with the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments Act of 2008. The facilities are located in Monroe County, FL. The Contractor' work is as delineated in the project drawings which describes in some detail the 32 - 37 Facilities, where the work will be required. The drawings and technical specifications are 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. Project Management: The.Director of 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 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, Contractors Proposal Documents, Requirements under the CDBG and the.ADA, Section 01750 CDBG Supplemental Conditionsl, and other documents listed in CONTRACT BETWEEN OWNER AND CONTRACTOR I= 1 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 10. 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 to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. 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_;recover 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 Contraact the Contract Sum of Six Hundred Eighty-Nine Thousand Seventy Dollars, ($689,070.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: N/A CONTRACT BETWEEN OWNER AND CONTRACTOR 2 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 4.3 Unit prices, if any, are as follows: A.- Underground electrical primary (trench, conduits, concrete protection) Unit price per lineal foot of primary - Four Hundred Dollars and 00/100 ($400.00) B. Underground electrical secondary Unit price per lineal foot of secondary—Four Hundred Seventy-Five Dollars and 00/100 ($475.00) C. Underground Sewer Line Unit price per lineal foot of underground sewer line—Thirty-Five Dollars and 00/100 ($35.00) D. Underground water line Unit price per lineal foot of water line—Thirty-Five Dollars and 00/100 ($35.00) E. Cost per foot of additional auger pile depth (assumed depth 10'-0" below existing grade plus height of fill) Unit price per additional lineal foot of pile—One Hundred Dollars and 00/100 ($100.00) The unit prices established above, and included in the response to proposals, shall be used for scope of work that may be added beyond the original specifications as determined by Owner. 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 CONTRACT BETWEEN OWNER AND CONTRACTOR 3 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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 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. The following documents (samples in Section 001027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien ARTICLE INSURANCE 7.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONTRACT BETWEEN OWNER AND CONTRACTOR 4 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7.3 CONSULTANT shall require its subconsultants to be adequately insured at least to the Limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of Insurance for CONSULTANT or subconsultants. 7.4 CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 7.5 If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance shall be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 7.6 INSURANCE REQUIREMENTS: Worker's Compensation Statutory Limits Employer Liability $1,000,000/$1,000,000/$1,000,000 General Liability, Including Premise Operation; Blanket Contractual, Expanded Definition of Property Damage; Products and Completed Operations; Personal Injury; Underground, Explosion and Collapse (XCU). $1,000,000 Combined Single Limit Or $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Monroe County BOCC must be named as additionally insured on the General Liability Policy Vehicle Liability(Owned, nonowned, and hired vehicles) $1,000,000 Combined Single Limit Or $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Monroe County BOCC.must"be named as additionally insured on the Vehicle Liability Policy. Builders' Risk will be required on sites when there are structural alterations on a building. Coverage shall include: Theft, Windstorm, Hail, Explosion, 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 building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the buiding prior to completion witout effecting the coverage., CONTRACT BETWEEN OWNER AND CONTRACTOR 5 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED Monroe County BOCC must be named as additionally insured and Loss Payee on Builders' Risk. ARTICLE 8 Miscellaneous Provisions 8.1 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. 8.2 Payment shall be made according to the Florida Local.Government Prompt Payment Act. 8.3 Temporary facilities and services: As described in Section 01500 of the General Requirements. 8.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 8.5 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. 8.6 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 cost of all such permits, impact fees, inspections, testing; and surveys for the project site/building shall be paid by the Contractor. The Contractor is required to secure all such permits impact inspections,'testing;:surveys, and to.provide all: installation permitting; required for the execution of the Contract: The Contractor is responsible for any and all building permit costs or impact fees required for the substantial completion of this project. 8.7 The Contractor/Proposer 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/Proposer shall include the cost of all inspection and testing fees in his proposal. 8.8 PUBLIC RECORDS: The Contractor agrees to comply with all requirements of Chapter 119 of the Florida Statutes and specifically: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosd except as authorized by law. CONTRACT BETWEEN OWNER AND CONTRACTOR 6 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 8.9 Individual Facility Substantial Completion, as used herein shall mean that point at which, as approved in writing by Project Management, advising the Contractor that the individual facility is at a level of completion such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. This is separate and distinct from substantial completion of the entire project, and partial use or occupancy of an individual facility shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidene of Substantial Completion. 8.10 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during.the term of the Agreement and for four years. following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue; Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. 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 CONTRACT BETWEEN OWNER AND CONTRACTOR 7 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 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) CONTRACT BETWEEN OWNER AND CONTRACTOR 8 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the rightto 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 CONTRACT BETWEEN OWNER AND CONTRACTOR 9 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) 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 CONTRACT BETWEEN OWNER AND CONTRACTOR 10 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. (y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the county as additional insured. (z) Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. ARTICLE 9. Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions, or as outlined in Section 1750 Department of Community Affairs CDBG Supplemental Conditions. Article 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: (a) Project Manual dated January 2014 (b) Proposal Documents of February 13, 2014 (c) CDBG Supplemental Conditions (d) Section 01750 CDBG Supplemental Conditionsl (e) Wage Decisions CONTRACT BETWEEN OWNER AND CONTRACTOR TRACTOR 11 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED (f) Drawings and Specifications prepared by mbi/k2m Architecure, Inc. (g) Bonds and Insurance Requirements 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. 10.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January, 2014. 10.1.4 The Specifications are those contained in the Project Manual dated January 2014. As listed in Table of Contents, Section 00001 of the Project Manual for this project. 10.1.5 The Drawings issued by Project Management for the construction of the ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 10.1.6 The Addenda, if any, are as follows: Number Date Pages 1 January 15, 2014 1 2 February 3, 2014 7 10.1.7 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 10. 10.1.8 Other documents, if any, forming part of the contract Documents are as follows: This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one 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 12 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin, Clerk OF MONR COU , FLORIDA By: By ._ Deputy Clerk Ma r/Chairman Date - 4 Re I (-(' (SEAL) CONTRACTOR D.L. PORTER CONSTRUCTORS, INC. Attest: By By: 0.. La-g ,.:1)\--- Print NamePG- . l76 /6ZJL.i . Print name:,, C. Marshall White. . ,=T ' Title: a.,fnlo. Title: Vice President -r Date: f-/ - /4 Date: 4- 1 - 14 And:; MONROE COUNTY ATTORNEY By: PROVED ASl O .: jRM: Print Name:(p, .cetti W4a el- NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Title: eadri-0tufte— Date T— y —119/5/ Dater ( -J -/,a Oye-v.-ed ,.. /7" era . a �, � .r, STATE OF FLORIDA ��. ��� � � s"`� COUNTY OF �.,2Ase ice - 0 'AtJC--- On this/3-day of f 20 -before me,the u Personally appeared-C:f/#44..s i1/3- .a/re known to me to Person whose name is subscribed above or who produced. As identification, and acknowledged that he/she is the person who executed the above ! recontaine with Monroe County for the construction of ADA COMPLIANCE SEGMENT#1 &#2 COMBINED fort d. Notary Public PAULETTE JEWELL ION#i EE2W51>8 Print Name NOTARY • Put+uo EXPIRES JULY 16 2016 "u1y nmissior xplres STATE OF BONDED THROUGH Seal Q .; RU INSURANCE COMPANY C.) �' Li- MONROE COUNTY ATTORNEY = r.>>' PROVED AS TO RM: I Up C.)o , 1_ ,. NA ILEENE W. CASSEL nC tLu ASSISTANT COUNTY(�ATTORNEY W Q m Date 'yrr`,l'ir _ 01T — CONTRACT BETWEEN OWNER AND TRACTOR 13 E( I ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED General Conditions of the Contract for Construction Where Project Management is Not a Constructor Table of Articles 1. General Provisions 8. Time 2. Owner 9, Payments and Completion 3. Contractor 10.: Protection of Persons and Property 4. Administration of the Contract 11. Insurance and Bonds 5. Subcontractors 12. Uncovering and Correction of Work 6. Construction by Owner or By Other 13 ; Miscellaneous Provisions Contractors 7. Changes in the Work 14. Termination or Suspension of the Contract GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), preliminary Illustrations, Drawings, Specifications, addenda issued prior to execution of the Contract, Contractors Proposal documents, Contractor's payment and • performance bond, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Contractor's bid and supporting documentation.A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or(4) a written order for a minor change in the Work issued by 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 bwith 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: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications for this project shall be the latest requirements for compliance with the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments Act of 2008, 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. 1.2 Execution, Correlation and Intent 2 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1.& 2 COMBINED 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 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 The Architects.Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Project Management, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, 2 original copies and a CD, if requested, free of charge, of Drawings and reasonably necessary for the execution of the Work.Additional copies may be obtained from Project Management at a fee of$5.00 per page. 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. 3 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 project drawing containing necessary site conditions: 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, two (2) original sealed compies and one electronic copy of drawings, specifications and the project manual free of charge for the execution of the work as provided in subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Contractor through Project Management. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop.the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and 4 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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. 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 5 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 4.2.3 and 4.2.5. 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. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Project Management, if required, to accommodate any discovered variations or deviations from the drawings and State and Federal requiremetns 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 6 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time Proposals are received. The Owner will assess.County building permit and County impact fees to CONTRACTOR. The Contractor will be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is 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. 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 7 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 schedule and conduct a project meeting at a minimum of one meeting per month in each month with 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 sketche, 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 Contrator 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Project Management is subject to the limitations of Subparagraph 4.2.11. 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 8 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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. 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 9 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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 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, I0 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 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 Owner's 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 Document, 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 Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Project Management and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual i 11 GENERAL CONDITIONS 1 ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, Project Management and the Owner until subsequently revised. 4.2.4 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. 4.2.5 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. 4.2.6 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. 4.2.7 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. 4.2.8 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. 4.2.9 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 4.2.16 through 4.2.17 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. 12 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 4.2.10 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. 4.2.11 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 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. 4.2.12 Project Management will prepare Change Orders and Construction Change Directives. 4.2.13 Following consultation with the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.2.14 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 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. 4.2.15 Project Management will provide one or more project representatives to assist in carrying out Owner's responsibilities at the site. 4.2.16 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, 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. 4.2.17 Project Management's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 Claims and Disputes 4.3.1 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 13 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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. 4.3.2 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, 16th Judicial Circuit, Monroe County, Florida. 4.3.3 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. 4.3.4 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. 4.3.5 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 .3 terms of special warranties required by the Contract Documents. 4.3.6 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 4.3.2. 4.3.7 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. 4.3.8 Claims for Additional Time. 14 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 4.3.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.3.8.2 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. 4.3.9 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 4.3.7 or 4.3.8. 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. 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 15 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 assigned by the Contractor to the Owner provided that: .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 Project with the Owner's own forces, which include persons or entities under separate contracts not administrered by Project Management. The Owner further reserves the right to award other conracts 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. 16 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 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 17 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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 Managementdetermines 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 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 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: ° 18 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED .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 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 7.2.3 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%); 19 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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. 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 4.3. 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. 20 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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. 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. 21 GENERAL CONDITIONS is ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 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 22 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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 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. 23 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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. .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. 24 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED • 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 Individual Facility Substantial Completion, as used herein shall mean that point at which, as approved in writing by Project Management, advising the Contractor that the individual facility is at a level of completion such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. This is separate and distinct from substantial completion of the entire project and partial use or occupancy of an individual facility shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of 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 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 25 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 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. The following documents (samples included in Section 001027) are required for Final Payment: 26 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien 9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.3.5. 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 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 27 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Project Management the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Project Management will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Project Management has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project Management have no reasonable objection.• 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, 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. } 28 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 4.3 and Article 7. ARTICLE 11. INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Proposal Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Project Management, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A certified copy of the actual insurance policy 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all I• 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. 29 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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 will be required on sites when there are structural alterations on a building. 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 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 30 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 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. 31 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED 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 party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Project Management. 13.3 Written Notice 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: D.L. Porter Constructors, Inc, 6574 Palmer Park Circle; Sarasota, FL 34238:. For Owner: Director of Project Management County Administrator 1100 Simonton St., Room 2-216 1.100 Simonton St. Key West, Florida 33040 Key West Florida 33040 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 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 32 GENERAL CONDITIONS 3 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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. 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: 33 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT# 1 & 2 COMBINED .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 Act of 2008, 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 Ternination 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. 34 GENERAL CONDITIONS ADA COMPLIANCE SEGMENT#1 &2 COMBINED SECTION 01750 SUPPLEMENTAL CONDITIONS Supplemental Conditions 01750- 1 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/112011 (Construction Contracts) ..._ ':.._w........_,;.,... - '.......... ....rm:.,y.,...,...,.WW._.W._....... .....—mow..:. .. mu...:._.. �.,. The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In case of disagreement with any other section of this contract, the Supplemental Conditions shall govern. 1. Termination(Cause and Convenience) 2. Access to Records 3. Retention of Records 4. Remedies 5. Environmental Compliance(Clean Air Act and Clean Water Act) 6. Energy Efficiency 7. Special Equal Opportunity Provisions 8. Conflict of Interest 9. Utilization of Minority and Women's Businesses 10. Federal Labor Standards Provisions(Davis-Bacon,Copeland,and Contract Work Hours Act) 11. Guidance to Contractor for Compliance with Labor Standards Provisions 1. TERMINATION_(CAUSE AND/OR CONVENIENCE) A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party,provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made,but (I) no amount shall be allowed for anticipated profit on unperformed services or other work,and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. 15-1 • Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work(unless the notice directs otherwise)and(2)deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract,whether completed or in process. E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event,adjustment of the contract price shall be made as provided in paragraph(c)above. 2. ACCESS TO RECORDS The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit,examination,excerpts,and transcriptions. 3. RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4. REMEDIES Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree,or in a Florida court of competent jurisdiction. 5. ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h),section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations(40 C.F.R. Part 15).The contractor shall include this clause in any subcontracts over$100,000. 6. ENERGY EFFICIENCY The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94- 163). 7. SPECIAL EOUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246.as Amended (Applicable to Federally assisted construction contracts and related subcontracts$10,000 and under.) During the performance of this contract,the Contractor agrees as follows: 15-2 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246(contracts/subcontracts above$10,000) (1) Section 202 Equal Opporturiity Clause During the performance of this contract,the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include,but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race,color, religion,sex,or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said Iabor union or worker's representatives of the Contractor's commitment under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the Rules, Regulations,and Relevant Orders of the Secretary'of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and others. 15-3 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph(a) and the provisions of Paragraphs (a)through(g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sections of noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000.) (a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. (b) The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as fol lows: Female participation: 6.9%(statewide) Minority participation (See Appendix at CDBG-25 for goals for each county) These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 15-4 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. - (d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the county in which the contract work is being undertaken. (3) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a) As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; 2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; 3. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return, U. S.Treasury Department Form 941. 4. "Minority" includes: (1) Black(all persons having origins in any of the Black African racial groups); (II) Asian and Pacific Islander(all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent,or the Pacific Island);and (III) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables)shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 15-5 } Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a) through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S.Department of Labor. (9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names,addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. if such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. 15-6 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. , (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending,subject matter discussed,and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written,to minority, female and community organizations, to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to he used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 64-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training,etc.,such opportunities. 15-7 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (m)Ensure that seniority practices,job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (9) (a) through (p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under(9)(a)through(p)of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. 15-8 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps,at least as extensively as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (16) The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (17) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. Certification of Non-Segregated Facilities(over$10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments,and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas,transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that(except where he/she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods). D. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race,color,national original,or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 15-9 Department of Economic Opportunity—Community Development Block Grant Program CDC Supplemental Conditions 10/1/2011 (Construction Contracts) F. "Section 3"Compliance in the Provision ofTraininn.Employment and Business Opportunities (I) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(section 3).The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3;shall,to the greatest extent feasible, be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions, the qualifications for each;and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (5) The contractor will certify that any vacant employment positions, including training positions,that are filled (1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract. Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). 15-10 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) G. Section 503 Handicapped(Contracts$2,500 or Over) (I) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ,advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment,upgrading, demotion or transfer,recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations.and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. H. Aee Discrimination Act of 1975 No person in the United States shall,on the basis of age be excluded from participation in,be denied the benefits of,or be subjected to discrimination under,any program, or activity receiving Federal Financial assistance. 8. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY,OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest,direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 15-11 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) 9. UTILIZATION OF MINORITY AND WOMEN FIRMS(M/WBE) The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: ;a Florida Department of Management Services, Office of Supplier Diversity, > Florida Department of Transportation(construction services,particularly highway), • Minority Business Development Center in most major cities,and > Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. 10. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act,Copeland Act,and Contract Works Hours&Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of 29 CFR 5.5(a)(1)(iv); also,regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: 15-12 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry;and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- ( 140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 15-13 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper,employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD, or its designee may,after written notice to the contractor, sponsor, applicant, or owners,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor,disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Ilousing Act of 1937,or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (b) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit the payrolls to the applicant, sponsor,or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 15-14 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/201i (Construction Contracts) (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I)and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A(3)(b)(ii)of this section. (iv) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection,copying,or transcription by authorized representatives of I-1UD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may,after written notice to the contractor, sponsor, applicant,or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) (a) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship 15-15 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 15-16 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 1Q/1/2011 (Construction Contracts) (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and [IUD or its designee,the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of Eligibility. By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded [IUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration transactions", provides in part"Whoever, for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement,knowing the same to be false ...shall be fined not more than$5,000 or imprisoned not more than two years,or both." (1 1) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph,the terms"laborers"and"mechanics" include watchmen and guards. (I) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph(1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph(1)of this paragraph. 15-17 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to he withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2)of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph(1)through(4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health.and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS • A. Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work,the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved,the contractor may pay the higher of the two rates and submit one payroll, if desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the"Rates" and"Fringe Benefits"(if any)columns of the applicable wage decision. (2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the"Rates"and"Fringe Benefits"columns. 15-18 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona tide if(a) it is available to most workers and(b)involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) C. Overtime For any project work over 40 hours weekly, a worker generally must be paid 150%of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish minimum rates and does not address overtime; the Contract Work I-Tours Act contains the overtime requirement and uses "basic rate of pay" as the base for calculation, not the minimum rates established by the Davis-Bacon and related acts.) D. Deductions. Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction.If deducted amounts increase,another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers(including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor(USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. 15-19 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. G. Sole Proprietorships/Independent Contractors/Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature,the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as"owner"is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor,and is employed as such,this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked,and number of overtime hours worked. H. Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice progam specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the"trade"depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently,no worker may be classified as a"helper". As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 15-20 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) Appendix Minority Participation Goals These are the goals, by county,for meeting the minority participation portion of Section 7-B(2)(b)of the CDBG Supplemental Conditions. These are contractor workforce goals,not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement which the contractor must document compliance with. Tampa-St. Petersburg Area Percentage Hillsborough,Pinellas,Pasco 17.9. Charlotte,Citrus,Collier,DeSoto, 17.1 Hardee,Hernando,&Highlands (all seven) Lee 15.3 Manatee 15.9 Polk 18.0 Sarasota 10.5 Tallahassee Area Leon, Wakulla 24.3 Calhoun,Franklin,Gadsden,Jackson, 29.5 Jefferson, Liberty,Madison,&Taylor (all eight) Pensacola-Panama City Area Bay 14.1 Escambia,Santa Rosa 18.3 Gulf,Holmes,Okaloosa, 15.4 Walton,&Washington (all five) Jacksonville Area Alachua 20.6 Baker,Clay, Duval, 21.8 Nassau,&St.Johns (all five) Bradford,Columbia, Dixie, Gilchrist 22.2 Hamilton,Lafayette,Levy, Marion, (all 11) Putnam, Suwannee,&Union 15-21 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) Orlando-Daytona Beach Area Percentage Volusia 15.7 Brevard 10.7 Orange,Osceola, Seminole 15.5 Flagler,Lake,Sumter 14.9 Miami-Fort Lauderdale Area Dade 39.5 Broward 15.5 Palm Beach 22.4 Glades,Hendry,Indian River 30.4 Martin,Monroe,&Okeechobee, (all seven) &St. Lucie 15-22 lat tl.tl n.,n.n V VI.va V I WUVI,a..as.sLa,ua I IaVOLVI(l I.LVJ.0 V UIV—V General Decision Number: FL140063 01/03/2014 FL63 Superseded General Decision Number: FL20130063 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Modification Number Publication Date 0 01/03/2014 ELEC0349-003 09/01/2012 Rates Fringes ELECTRICIAN Electrical contracts including mateials that are over $2,000,000 .$ 30.11 9.56 Electrical contracts including materials that are under $2,000,000 • ..$ 27.15 9.18 ENGI0487-004 07/01/2013 Rates Fringes OPERATOR.: Crane All Cranes Over 15 Ton Capacity $ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under $ 22.00 8.80 * IRON0272-004 04/01/2013 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING :$ 23.59 5.93 PAIN0365-004 09/01/2011 Rates Fringes PAINTER: Brush O.nly. ... .. ... ... $ 15.75 7.03 SFFLO821-001 08/12/2013 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 27.53 17.07 I of 4 1/3/2014 10:23 AM Map.... IrLIVL.6V1f,.LIVUJL.uu 11L+31 U.I'I JVGI.VIUS LVJ.0 VU.V A.ell SHEE0032-003 08/12/2012 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) $ 23.65 12.03 SUFL2009-059 05/22/2009 Rates Fringes CARPENTER .$ 15.08 , 5.07 CEMENT MASON/CONCRETE FINISHER;. .....$ 12.45 0.00 FENCE ERECTOR $ 9.94 0.00 LABORER: Common or General $ 8.62 0.00 LABORER: Pipelayer $ 10.45 0.00 OPERATOR: Backhoe/Excavato.r. ... .,$ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 9.58 0.00 OPERATOR: Pump $ 11.00 0.00 PAINTER: Roller and Spray. . . .; $ 11.21 0.00 PLUMBER $ 12,27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the 2 of 4 1/3/2014 10:23 AM HELP/.//w w w.wuut.b'u Y1 WUVUJI:itIIIe$UUYiJUi1l:U11/1`LUJ.UVD!V=U cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. • Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS • 1.) Has there been an initial decision in the matter? This can bez * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling 3 of 4 1/3/2014 10:23 AM IAL�J.f/www.wllul.guv/WU n/W.:al IICSJUUIV ISoaCU[V rLo I.UVo(V=U On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the .requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.• END O ' GENERAL DECISION 4 of 4 1/3/2014 10:23 AM s ° tittpwwww.wdol.gov/wdol/scattlesidavisbacon/F1,190.dvb?v=C General Decision Number: FL140190 01/03/2014 FL190 Superseded General Decision Number: FL20130249 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/03/2014 SUFL20.13-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work $ 11.95 1.44 CEMENT MASON/CONCRETE FINISHER $ 13.65 ' 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . 12.70 12.70 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) . . . ., $ 13.08 0.00 INSTALLER - GUARDRAIL $ 14.44 0.00 IRONWORKER, REINFORCING ; $ 13.85 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13.60 0.00 LABORER: Common or General $ 11.96 2.90 LABORER: Flagger .$ 9.87 0.00 LABORER: Grade Checker $ 11.45 0.00 LABORER: Landscape & Irrigation $ 11.16 0.00 LABORER: Pipelayer.,., $ 12.68 0.00 LABORER: Laborer-Cones/ Barricades/Barrels - Setter/Mover/Sweeper -• $ 12.17 1.71 OPERATOR: Backhoe/Excavator/Trackhoe.. ., $ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . .$ 11.60 0.00 OPERATOR: Broom/Sweeper;.. . . ... ...,$ 10.89 0.00 • 1 of 4 1/3/2014 10:18 AM ttttp://www.wool.gov/wdoyscahles/davisbacon/FL,190.dvb?v=C OPERATOR: Bulldozer , .$ 13.90 0.00 OPERATOR: Crane $ 17.83 0.00 OPERATOR: Forklift $ .11.03 0.00 OPERATOR: Grader/Blade $ 16.08 0.00 • OPERATOR: Loader $ 16.59 0.00 OPERATOR: Mechanic $ 13.55 0.00 OPERATOR: Milling Machine. . . , ,, $ 13.23 0.00 OPERATOR: Oiler $ 12.61 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . , $ 18.17 0.00 OPERATOR: Roller .,$ 13.28 2.39 OPERATOR: Screed $ 15.79 0.00 OPERATOR: Trencher . ,$ 16.00 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation $ 19.03 0.00 TRUCK DRIVER: Dump Truck. . . . :.: ;: $ 12.66 0.00 TRUCK DRIVER: Lowboy Truck.:..:. : $ 14.94 0.00 TRUCK DRIVER: Water Truck $ 13.05 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers 2of4 1/3/2014 10:18 AM An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e. , Plumbers Local 0199, The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination or. that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. • WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. 3 of 4 1/3/2014 10:18 AM ILLIFI.,I VV W Iv.W uu1.SUVI WUUII JL.U1116.J/LLa V IJUaI.VIU L la 17V.0 V U:V—U With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W- Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requescor considers relevant to the issue. • 3.) if the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor • 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 4 0f 4 1/3/2014 10:18 AM J ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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 3-7 2. Bid Bond 8 3. Non-Collusion Affidavit 9 4. Lobbying and Conflict of Interest Clause 10 5. Drug-Free Workplace Form 11 6. Sub-Contractor Listing Form 12 7. Insurance Agent and Proposer's Statements 13-15 8. Contractor License Current Copy to Be Submitted with Bid Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 9. 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 proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. See attached ni4 for Profit Corp. annual report. B. A list of the officers and directors of the entity; See attached 2014 annual report. C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the specifications (include a list of similar projects); See attached. D. The number of years the person or entity has operated under its present name and any prior names; D.L. Porter Constructors, Inc. (16 yrs) D.L. Porter Construction, Inc. (37 yrs) E. Answers to the following questions regarding claims and suits: PROPOSAL FORM 00110-1 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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.) No 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.) No 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.) See attached letter dated 2/13/14. 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 person, principal, entity, officer, director or general partner in the last five(5)years. (If yes, provide details.) Yes, Gato Bldg. Final Order of Dismissal 4/15/09. 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; No 6. Customer references(minimum of three), including name, current address and current telephone number; See attached. 7. Credit References (minimum of three), including name, current address and current telephone number; See attached. 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. Enclosed separately. 9. Subcontractor Listing Form. See attached. PROPOSAL FORM 00110-2 DI Porter Constructors, Inc. Innovation on a Solid Foundation April 1, 2014 • Monroe County BOCC °OJo`'`Oe o Monroe County Project Management ;nv€'7-1:e 1100 Simonton St., Room 2-216 74144:. 03 ' Key West, FL 33040 n`Fcc^N�� ` F�Br1 ATTN: Ann M. Riger, Contract Admin. RE: ADA Compliance Segments#1 &2 Combined This letter is to confirm and recognize the irregularity in D.L. Porter Constructors, Inc.'s bid proposal. We inadvertently included Alternate#'s 1 thru 5 in our proposal total which resulted in a difference of$219,030.00 overage. Our project total should have reflected$689,070.00, Sincerely, D.L. PORTER CONSTRUCTORS, INC. C. C. Marshall White Vice President CMW/pj 6574 Palmer Park Circle,Sarasota, Florida 34238 cp Office (941)929-9400 Fax (941) 929-9500 dlporter.com • ADA COMPLIANCE SEGMENT#1 &2 COMBINED SECTION 00110 PROPOSAL FORM • PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1-213 KEY WEST,FLORIDA 33040 PROPOSAL FROM: ..D.L. PORTER CalSTRUCIORS, INC. Palmer Park Circle . Sarasota, EL 34238 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 "SEGMENTS I AND 2 COMBINED" Repairs to 37 Monroe County Facilities From Key Largo to Key West 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. Nine Hundred Eight Thousand One Hundred and 00/100 Dollar (Total Base Proposal-words) 908,100.00 (Total Base Proposal--numbers) PROPOSAL FORM 00110-3 • ADA COMPLIANCE SEGMENT#1 &2 COMBINED I acknowledge Alternates as follows: ADD ALTERNATE NO.1: Reworking of handicapped bathroom at Veterans park located at Mile marker 42 along the Overseas Highway to provlce ADA Accessabllily and accessible features. Rework existing accessible sidewalk and picnic bench to ensure accessabability. Eighteen Thousand Nine Hundred Thirteen and 00/100 Dollars (Total Base Proposal—Words) 18,913.00 • (Total Base Proposal—Numbers) ADD ALTERNATE NO.2: Reworking of Big Pine Senior Center to provide an ADA Compliant accessible ramp,accessible parking space,connected to the accessible route to the front door,compliant entry to the facility and a compliant restroom. Forty-Seven:Thousand Two Hundred Seventy-Eight and 00/100 Doitars. (Total Base Proposal—Words) $ 47,278.00 (Total Base Proposal—Numbers) ADD ALTERNATE NO.3: Renovations to the Historic East Martello Tower Fort. Provide and install an ADA Complaint parking space and accessible rout to the entrance of the historic fort. Provide and Install an ADA complaint Weelchalr lift at front entrance stairs(thls will require demolition of part of the existing stairway. Provide a compliant transition and ramp to the center courtyard of the East Martello Fort. One Hundred Twenty-Five Thousand Four Hundred Ninety-One and 00/10$Qtlar$ (Total Base Proposal—Words) $. 125,491.00. _.. (Total Base Proposal—Numbers) ADD ALTERNATE NO.4: Instilalton of an ADA Compliant picnic table and shade structure at Sunset Point Park, in Key Largo. Twelve Thousand Seven Hundred Elohty-Five::and 00/100 Dollars (Total Base Proposal—Words) $ 12,785.00 (Total Base Proposal—Numbers) PROPOSAL FORM 00110-4 ADA COMPLIANCE SEGMENT#1 & 2 COMBINED ADD ALTERNATE NO. 5: Addition of a new handicap accessible ramp at the Big/Pine Community Park in Big Pine Key. Installation includes removal of the existing door thresholds at the public meeting room on the second floor and ptoviding/then installing an ADA compliant threshold and transition. out'l;et 4 'T i�d iaac t VG._ u+n t l' c .3w1�'Cy '. ac+ Dollars (Total Base Proposal-Words) $ 1i4 S(m .00 (Tota'Base Proposal-Numbers) I acknowledge receipt of Addenda No.(s) No.1 Dated 1/15/14 No.2 Dated 2/3/14 No. Dated. No. Dated. No. Dated 12 I have included pages 00110 - 3 through 2 of the Proposal which entails the Proposal Form x , and the required Bid/Proposal Security x the Non-Collusion Affidavit x , the Lobbying and Conflict of Interest Clause x , the Drug-Free Workplace Form x , and the Subcontractor Listing Form x. 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- 0 through ). 13 15 (Check mark items above, as a reminder that they are included.) Mailing Address: D.L. PORTER CONSTRUCTORS, INC. 6574 Palmer Park Circle Sarasota, FL 34238 Phone Number: 941-929-9400 Date: .2/13/14 Signed: C C. Marshall White (Name) Vice President (Title) Witness: Paulette Jewell (Seal) PROPOSAL FORM 00110-5 ADA COMPLIANCE SEGMENT#1 &2 COMBINED SCOPE OF WORK As referenced In the Proposal documents,please list costs as per plans and specifications on a "site by site"basis on the list below.The attached drawings are in order as follows; 1. Key Largo Animal Shelter $ 17,988.00 2. Key Largo Harry Harris Park $ 23,401.00 32 421.00 3. Plantation Key Annex(Jerry Ellis Bldg.) $ _w 4. Plantation Key Government Center(Courthouse) $ 25.655.00 5. Plantation Key Public Works/Social Services $_ 27,095.00 6. Plantation Key Roth Building $ 20,063.00 7. lsiamorada Library $ 10,268.00 8, Marathon Government CenterAimex $ 57,516.00 9. Marathon Animal Shelter $ 35,694.00 10.Marathon Drivers'License $ 13,537.00 11.Marathon Senior Center $ 9,816.00 • 12.Marathon Health Department $ 14,846.00 arw 13.Marathon Library $ 19,525.00 14.Bayshore Manor(Stock Island) $ 18,095.00 IS.Marathon Government Center(BOC) $ . .22,568.00.. Id.Paim Villa Park(Big Pine Key) $ 15,217.00 17.Blue Heron Park(B ig Pine Key) $ 13,723.00 18.Old StiglitzHouse(Blg Pine Key) $ 11,093.00 19.Freeman Sheriff Substation(Cudjoe Key) $ 13,774.00 20.Baypoint Park(Bay Point) $ 40,494.00 21.Wilhelmitta Harvey Park(Big Coppitt) $ 1.1,02200` 22.Key West Animal Shelter(Stock Island) $ 9,09800 23.Department of Juvenile Justice building(Stock Island) $: 16,648.00 PROPOSAL FORM 00110-8 ADA COMPLIANCE SEGMENT#1 &2 COMBINED 24.Stock Island Detention Center(Stook Island) $ 30,161.00 25.Sheriffs Headquarters(Stock Island) $ 30,213.00 27.Key West Driver's License Branch(Key West) $ 31,578.00 28.Gate Buitding(Key West) $ 14,118,00 29.Harvey Government Center(Key West) $ 20,770.00 30.Senior Nutrition Center(Key West) $ 22,661.00 31.Lester Bullding(Key West) $ 17,474.00 32.Old Courthouse(Key West) $ 8,062.00 33.May Hill Key West Library(Key West) $ 34,479.00 34,Veterans Park(mile marker 42)—Alternate#1. )4 $ 18,913.00 35,Big Pine Key Senior Center--Alternate#2 $ 47,278.00 36.East Martello Tower Fort(Key West)—Alternate#3 ,X $ 125,491.00 37.Sunset Point Park(Key Largo)—Alternate#4 X $. 12,785.00 26.Big Pine Key Community Park—Alternate#5 l` $, 14,563.00 fJ J OD <al 19 °3D °C4> ;l/CWA fig? 0.2 0 . O D IRASE PROPOSAL FORM 00110-7 ADA COMPLIANCE SEGMENT#1 &2 COMBINED SECTION 00310 SUPPLEMENTARY PROPOSAL FORM FOR UNIT PRICES TO: Monroe County Herein called"Owner" 1, The undersigned, having examined the proposed Contract Documents titled: REQUEST FOR PROPOSALS ADA COMPLIANCE "SEGMENTS 1 AND 2 COMBINED" Repairs.to 37 Monroe County Facilities From Key Largo to Key West and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor,materials,equipment,and appliances,and to perform operations necessary to complete the Work as required by said proposed Contract Documents. The following prices include all General contractor mark-up and are net to the Owner. 2. Should additional concrete repairs be required,the undersigned proposes the following unit prices. A. Underground electrical primary(trench,conduits,concrete protection). 1. Unit price per lineal foot of primary. Four Hundred and 00/100 per LF DOLLARS($ 400.00 B. Underground electrical secondary. 1. Unit price per lineal foot of secondary. Four Hundred Seventy-Five and 00/100 per LF DOLLARS($,475.00 ) C. Underground sewer line. 1. Unit price per lineal foot of underground sewer line. Thirty-Five and 00/100 per LF SUPPLEMENTARY PROPOSAL FORM FOR UNIT PRICES 00310-1 ADA COMPLIANCE SEGMENT it 1 & 2 COMBINED DOLLARS ($ 3 5.0 0 ). D. Underground water line. 1. Unit price per lineal foot of water line. Thirty-Five and 00/100 per LF DOLLARS ($.3 5. 0 0 ) E. Cost per ft. of additional auger pile depth. (Assumed depth 10'-0" below existing grade plus height of fill) 1. Unit price per additional lineal foot of pile. One Hundred and 00/1.00 per LF DOLLARS ($1 00. 00 . ). 3. The undersigned understands and agrees to comply with and to be bound by any instructions to Proposers issued for this Work. 4. The undersigned acknowledges receipt of Addenda: No. 1 DATED: 1 /1 5/1 4 NO. DATED: No. ?. DATED: 2/3/1 4 NO. DATED: No, DATED: NO. DATED: PROPOSER: D.L. Porter Constructors, Inc. BY: � .:,...c <:� ADDRESS: 6574 Palmer Park Circle Sarasota, FL 34238 LICENSE NO. CGCA51 066 LICENSE TYPE Class A Contractor By dated this 1 3 th day of February 2014 END O1''SECTION 00310 SUPPLEMENTARY PROPOSAL FORM FOR UNIT PRICES 00310-2 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED BID BOND KNOW ALL MEN BY THESE PRESENTS,that we 1 4� (Here insert name and address or l a.- •it 1f Contractor) as Principal,hereinafter called the Principal,and (0 .. (Here insert fu name'a •dr1•ss or legal title of Surety) a corporation duly organized under the laws of the State of as Surety. mafter called the Surety,arc held and firmly bound unto (He f± ' —rt:full name and address or legal title of Owner) as Obligee,hereinafter called the Obligee,in sun 0 4 fiats.($),for the payment of which sum well and truly to be made,the said Principal and the said Suret i . tt elves,our heirs,executors,administrators,successors and lif assigns,jointly and serverally,firmly by these ``e en WHEREAS,the Principal has submitted a bid fo (Here insert full name,address and description of project) NOW,THEREFORE,if the iltge s 11 accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of sucl *id,and give such bond or bonds as may be specified in the bidding or Contract Documents with good ant sufficient surety for the faithful performance of such Contract and for the prompt payment o, abort a d ' rial furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such C • .` and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the i.=.fbetween the amount specified in said bid and such larger amount for which the Obligee may in good ontadtwith another party to perform the Work covered by said bid,then this obligation shall be null and voi t'erwise.to remain in full force and effect. Any action instituted by a claimant under this bond must be in actor. nce;with the notice and time limitations provisions in Section 255.05(2),Florida Statutes. (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title)' PROPOSAL FORM 00110-8 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED SECTION 00110' NON-COLLUSION AFFIDAVIT I, C. Marshall White of the city.. .. Sarasota according to law on my oath,and under penalty of perjury,depose and say that: 1. lam Vice President of the firm of D.L. Porter Constructors, Inc. the bidder making the Proposal for the project described in the notice for calling for bids for. Monroe County Board of County Commissioners and that I executed the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly 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. e - 2/13/14 (Signature of Bidder) (Date) STATE OF: Florida • COUNTY OF: Sarasota PERSONALLY APPEARED BEFORE ME,the undersigned authority, ._.__.C. Marshall White who,after first being sworn by me,(name of individual signing)affixed his/her signature in the space provided above on this 1 3th day of February 20 14 OTARY PUBLIC My commission expires: PAULETTEJEWELL NOTARY COMMISSION#EE210508 Punic , EXPIRES JULY 16 2016 'OF BONDED THROUGH „FLORIDAfLOR :: RLI INSURANCE COMPANY l _ PROPOSAL FORM 00110-9 ADA COMPLIANCE SEGMENT## 1 &2 COMBINED SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE D.L. PORTER CONSTRUCTORS, INC. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature)C. Marshall White, VP Date:. 2/13/14 STATE OF: Florida COUNTY OF: Sarasota - Subscribed and sworn to(or affirmed)before me on 2/13/14 (date) by C. Marshall White (name of affiant). He/Si4e is personally known to me or has produced =mac as identification. (Type of identification) NOTARY PUBLIC My commission expires: • �,. PAULETTE JEWELL NMAILY COfW 0 551ON#EE210508 O srAreArE•OF` EXPIRES JULY 16 2016 FLCJRIOA BONGED THROUGH RLI INSURANCE COMPANY PROPOSAL FORM 00110-10 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: D.L. PORTER CONSTRUCI'ORS, INC. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to 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 2/13/14 Date PROPOSAL FORM 00110-11 ADA COMPLIANCE SEGMENT#1 2 COMBINED SUBCONTRACTOR LISTING FORM Ph N wlarea Div. Subcontractor Contact Person code Fax: Cell: Address A7iX-1tX7C-S7iXX X Lr-XXX-AXXX ?LAC XXX4aXXX 6574 Palmer Park Circle,Sarasota,FL 34238(Hdqt) 2 D.L.` Porter Consttuctors,.Ltc. . Marshall White 941-929-9400.941-929-9500 941-650-3311 302 Southard St.,Suite 209,Key west,FL33040 3 Hamner Scotts Inc. Gene Lenhart 727-595-4304 - ._..... 813-477-2736 12419 Chickasaw Tr.,Largo,FL 33774 S Global Boundaries Ryan Gentil 941-927-6000 941.794-0733 941-962-9140 1234 S.Commerce Blvd.,Sarasota,FL 34243 6574 Palmer Park Circle,Sarasota,FL 34238(Bdgt) 6 D.L.Porter Constructors,Inc. Marshall White 941-929-9400 941-929-9500 941-650-33.1 1 302 Southard St.,Suite 209,Key West.FL 33040 r . 00110-12 PROPOSAL FORM ADA COMPLIANCE SEGMENT# 1 &2 COMBINED BIDDER'S/PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS. Worker's Compensation Statutory Limits Employers Liability $1,000,000/1,000,000/1,000,000 General Liability, including $1,000,000 Combined Single Limit Premise Operation_ or Blanket Contractual $500,000 per Person Expanded Definition of Property Damage $1,000,000 per Occurrence Products and Completed Operations $100,000 Property Damage Personal Injury Underground, Explosion and Collapse(XCU) Vehicle Liability(Owned, nonowned, and hired vehicles) $1,000,000 Combined Single Limit or $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Builders' Risk Builder's Risk will be required on sites when there are structural alterations on a building. 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 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 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 negligence, errors, or other wrongful act or omission of the contractor or its Subcontractor(s) in any tier,their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from. any and all increased expenses resulting from such delay. PROPOSAL FORM 00110-13 ADA COMPLIANCE SEGMENT# 1 &2 COMBINED 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. PROPOSAL FORM 00110-14 ADA COMPLIANCE SEGMENT#1 &2 COMBINED PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. D.L. PORTER CONSTRUCTORS INC. C * , Proposer Signature INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the Proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES WC208074501 $0 GL2059363 $a CA20593610601 $0 Liability policies are x Occurrence Claims Made Bouchard Insurance Wa . Insurance Agency . . Signature.. . r INSURANCE REQUIRMENTS AND FORMS 0400-8 Cc) • DOdUNIENT.HAS'NCOLPFIED"BACKGROUNEVIVIICROP.RINT11,JP tONERIIARKTPRATENTED PAPERS . AC#. 6 33 1 6:4 0 • STATE OF FLORIDA r::: • - • '''''-'D'EF',ARTilENT,:;-OF'!;BUSINESS AND FROFT§SSION.AL'REGULATION ' , •L ••• CONSTRUCTION INDUSTRY -1.-xpEigaTw:, BOARD SEQ#L12090101190 DATE ° BATCH NUMBER LICENSE NBR: 09V011.20.12,„,12806a.9 GeA510 • ' . GENER,grx;ICONT4OTQR74 • 1 . ,.:-*.4,xg..6i-t64cii,ge:;,1s tfriaer the provisions of'Chapter 89 FS. „. t•: E*piration date: At79:,.$1, 2014'-;, • t • L PORTER, CONSTRUCTORS J- 6574 PiLD-IER''PARK CIRCLE • S.A.13ASOTA FL :34258 = RICK§.SCOTTS' „: • ,• KEN LAWSON • • . • • GOVERNOR SECRETARY DISPLAY AS RECIU1RED BY LAW.. • • 2013 / 2014 3' MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2014 RECEIPT#30140-60602 Business Name: D L PORTER CONSTRUCTORS INC Owner Name: GARY A LOER QUALIFIER Business Location: MO CTY Mailing Address: KEY WEST, FL 33040 302 SOUTHARD ST STE 209 Business Phone: 941-929-9400 KEY WEST, FL 33040 Business Type: CONTRACTOR(GENERAL CONTRACTOR CGC051066) Employees 20 STATE LICENSE: CGCA51066 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 50.00 0.00 50.00 0.00 0.00 0.00 50.00.. Paid 000-12-00007332 08/20/2013 50.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT Denise D. Henriquez, CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West,.FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2014 D L PORTER CONSTRUCTORS INC RECEIPT# 30140-60602 Business Name: GARY A LOER UALIFIER Business Location: MO CTY Owner Name: 302 SOUTHARD ST STE 209 KEY WEST, FL 33040 Mailing Address: Business Phone: 941-929-9400 KEY WEST,FL 33040 Business Type: CONTRACTOR(GENERAL CONTRACTOR CGC051066) Employees 20 STATE LICENSE: CGCA51066 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 50.00 0.00 50.00 0.00 0.00 0.00 50.00 Paid 000-12-00007332 08/20/2013 50.00 Ci 2014 FLORIDA PROFIT.CORPORATION ANNUAL REPORT FILED I DOCUMENT#P98000042047 Feb 07,2G14 :r Entity Name: D.L. PORTER CONSTRUCTORS,INC. Secretary of State CC2778886078 Current Principal Place of Business: 6574 PALMER PARK CIR SARASOTA, FL 34236 Current mailing Address: 6574 PALMER PARK CIR SARASOTA, FL 34238 FEI Number:65-0S48440 Certificate of Status Desired: Na Name and Address of Current Registered Agent: WHITE,C.MARSHALL 6574 PALMER PARK CIRCLE SARASOTA,FL 34233 US The abava nemett entity summits this statement for the purpose of ohanginng its mister rd afGa or ngistere fd agent,or both,in the Slate of Fleeda. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title VP Title P Name WHITE,C.MARSHALL Name LOER,GARYA Address 6574 PALMER PARK CIR Address 6574 PALTER PARK CIR City-State-Zip: SARASOTA FL 34236 City-State-Zip: SARASOTA FL 34238 Title S Title T Name JEWELL,PAIILETTE Name WHITE,C.MARSHALL Address 6574 PALMER PARK CIRCLE Address 6574 PALTER PARK CIRCLE City-State-Zip: SARASOTA FL 34238 City-State-Zip: SARASOTA FL 34238 a ip..ralipertAlrrztinebltxm kwArlltatanwthisreportor wpleataf iepe Ina aa'acruaearltlratrrTe lics1W.se843Uhai3 =aas JaptatextasJ/7 awnr oath;thattawan 6Fkerar4UactJrarm Carparatal Ortha ra[eherarba d, M dE7 mart ells carnal asrectav rby aver asa,Faw=S*was; awe appears abam arm alatarAva/i all aEhara ee;pomat SIGNATURE: PAULE 1 E JEWELL CORPORATE SECRETARY 02/07/2014 Electronic Signature of Signing OfficerlDirector Detail Date 9.C. :RELEVANT EXPERIENCE ADA COMPLIANCE SEGMENT#1 &2 COMBINED. PROJECT OWNER/ARCHITECT Aids Memorial Addition Monroe County Board of Cty Commissioners Granite Memorial Bench mbi-k2m Architecture,Inc. * Key West,FL($159,000) Key West,FL Ash Transfer Center City of Key West Key West,FL * Key West($854,041) Big Coppitt Fire Facility Monroe County Board of Cty Commissioners Morrison/Knudsen Gerrits * Big Coppitt Key,FL ($1,043,000) Key West,FL Buquebus Ferry Terminal City of Key West Peter Pike&Associates * Key West,FL($2,261,997) Key West,FL Courthouse Annex Renovation Monroe County Board of Cty Commissioners Gonzalez Architects * Key West,FL($584,484) Key West,FL Crawl Key Fire Training Addition Monroe County Board of Cty Commissioners Key West,FL * Crawl Key,FL($54,860) Department of Homeland Security Key West GSA,LLC Tampa,FL * Key West,FL($2,545,711) RMJ Architects Tampa,FL FL Keys Mosquito Control Hangar FL Keys Mosquito Control District Thomas E.Pope,P.A. * Key West,FL($7,545,222) Key West,FL Fort Village&Robert Gabriel Housing Housing Authority of the City of Key West Complex(Doors&Windows Replacement) Key West,FL 12 Bldgs * Key West,FL($570,453) Freeman Justice Center Drug Court Monroe County Board of Cty Commissioners Renovations Currie Sowards Aguilla Arch. * Key West,FL($512,998) Delray Beach,FL + Gato Bldg.Interior Renovation Florida Department Of Health Bender&Assoc.,Architects * Key West,FL($1,812,444) Key West,FL Gato Bldg.Exterior Restoration Monroe County Board of Cty Commissioners (Historic Preservation) Bender&Assoc.,Architects * Key West,FL($4,027,200) Key West,FL Key West Bight,Public Restrooms City of Key West Gonzalez Architects * Key West,FL ($246,000) Key West,FL Key West International Airport Monroe County Board of Cty Commissioners Baggage Claim Hall Renovations Key West,FL Jacobs * Key West,FL ($1,044,404) Miami,FL Key West International Airport Monroe County Board of Cty Commissioners Hangar Development,Taxiways&Aprons Key West,FL URS Corporation * Key West,FL ($3,431,000) Miami,FL Key West International Airport Monroe County Board of Cty Commissioners Addition&Renovation Key West,FL Gonzalez Architects * Key West,FL($3,629,050) Key West,FL Key West International Airport Monroe County Board of Cty Commissioners Generator w/Building Key West,FL URS Corporation *Key West,FL($270,650) Miami,FL Key West International Airport Monroe County Board of Cty Commissioners Miscellaneous Improvements Key West,FL URS Corporation *Key West,FL($198,000) Miami,FL Lester Building Enclosure Monroe County Board of Cty Commissioners Gonzalez Architects * Key West,FL ($319,796) Key West,FL Little Hamaca Park City of Key West Key West,FL * Key West,FL($149,780) Mallory Square Restroom City of Key West Gonzalez Architects * Key West,FL($224,173) Key West,FL Mallory Square Seawall&Plaza City of Key West and Sculpture Garden Gonzalez Architects • * Key West,FL($2,900,000) Key West,FL 1 Marathon Airport Sheriffs Hangar Monroe County Sheriffs Office Simulator Classroom.. Monroe County Board of Cty Commissioners * Marathon,FL($103,779) Marathon,FL Manatee County Detention Facility Manatee County Board of Cty Commissioners Centex Rooney Constr.Co. * Port Manatee,FL($3,480,000) Lake City,FLP Marathon Diesel General Florida Keys Electric Coop Generating Plant Marathon,FL * Marathon,FL($862,000) Marathon Hangar Building Monroe County Board of Cty Commissioners Key West,FL * Marathon Key,FL($374,980) Rosenblatt-Naoeri Associates Summerland Key,FL Monroe County Detention Monroe County Board of Cty Commissioners Facility-Key West Key West,FL * Concrete Pkg.($1,071,286) Morrison-Knudsen/Gerrits * Masonry Pkg.($1,079,555) Construction Managers Monroe County Detention Monroe County Board of Cty Commissioners Facility-Foundation Pkg. Key West,FL Hansen Lind Meyer * Key West,FL($506,103) Orlando,FL Monroe County Detention Monroe County Board of Cty Commissioners Sheriffs Headquarters Morrison-Knudsen Gerrits Key West,FL * Key West,FL($3,472,000) Monroe County Library Monroe County Board of Cty Commissioners Thomas E.Pope,ALA * Key West,FL($652,773) Key West,FL Monroe County Public Service Facility Monroe County Board of Cty Commissioners Asbestos Abatement Demolition Key West,FL * Key West,FL($429,339) Monroe County Sheriffs Hangar Monroe County Board of Cty Commissioners Marathon Airport URS Corporation Miami,FL * Marathon,FL($1,569,414) Monroe Sheriffs Substation& Monroe County Board of Cty Commissioners Tax Collector.'s.Offices Bender&Associates Architect Key West,FL * Marathon,FL($733,000) Naval Air Station United States Navy-SOUTHDIV Restroom Renovations:A 93.1. Key West,FL * Key West,FL($46,058) Naval Air Station United States Navy-SOUTHDIV Repairs&Alterations A-149 Key West,FL * Key West,FL($113,700) Naval Air Station United States Navy-SOUTHDIV Addition to Bldg A1019 Key West,FL * Key West,FL($120,806) Naval Air Station-Indoor United States Navy-SOUTHDIV Racquetball Courts Key West,FL * Key West,FL($142,715) OId Mariner's Hospital Renovation Monroe County Board of Cty Commissioners Plantation Key Sheriffs Substation Bender&Associates Architect * Key West,FL($3,015,400) Key West,FL Park and Ride Parking Garage City of Key West Key West,FL * Key West,FL($3,597,557) Public Service Facility City of Key West Fire Station#1 Phase I Key West,FL Gonzalez Architects * Key West,FL($2,027,000) Key West,FL Public Service Facility. City of Key West Police Station—Phase II Key West,FL Gonzalez Architects *Key West,FL($4,230,038) Savannah,GA Retail Store Expansion City of Key West 201 William St. Key West,FL Peter Pike Architect *Key West,FL($122,796) Key West,FL Roof Canopy at SWTE City of Key West CH2M Hill,Architect * Key West,FL($82,025) Gainesville,FL Senior Citizens Plaza Concrete Repair Housing Authority of the City of Key West Wiss,Jenney,Elstner Assoc. * Key West,FL($7,841,206) Northbrook,IL West Martello Public Restrooms Monroe County Board of Cty Commissioners Key West,FL *Key West,FL($159,900) William P.Horn Architect Key West,FL t. J CI: .L. Porter Constructors, inc. Innovation on a Solid Foundation February 13,2014 Monroe County Board of County Commissioners do Purchasing Department 1100 Simonton St.,Room 1-213 Key West, FL 33040 RE: ADA Compliance"Segments 1 and 2 Combined" Repairs to 37 Monroe County Facilities From Key Largo to Key West Litigation Summary D.L.Porter Constructors,Inc.hereby acknowledges that it has a pending arbitration action with the Florida Keys Mosquito Control District with pending depositions and mediation due later this year. C.Marshall White,Vice President 6574 Palmer Park Circle,Sarasota,Florida 34238 I) Office(941)929-9400 Fax(941)929-9500 dlporter.com 9.E.6 7 CUSTOMER REFERENCES Name Address Phone Monroe County BOCC 1100 Simonton St. 305-292-4468 ATTN: Mike Nalepa Key West,FL 33040 El Rancho Motel 830 Truman Ave. 305-304-8140 ATTN: Tejas Soni Key West,FL 33040 Gonzalez Architects 32 E. Bay St. 912-201-9888 ATTN: Jose Gonzalez Savannah, GA 31401 Bender&Associates 410 Angela St. 305-296-1347 ATTN: Bert Bender Key West,FL 33040 CREDIT REFERENCES Name Address Phone. Power Air Conditioning, Inc. 1525 N. Osprey Ave. 941-362-8801 ATTN: Bob Castiglione Sarasota, FL 34236 Florida Keys Electric,Inc. 5730 2nd Ave. 305-296-4028 ATTN: Raymond Vazquez Key West, FL 33040 3C Construction Corporation 3601 NW 55 St., Suite 201 305-638-5511 ATTN: Orlando Casariego Miami,FL 33142 Douglas H.Kresge LLC 1915 11th St. 941-376-1580 ATTN: Doug Kresge Sarasota,FL 34236 D.L. Porter Constructors, Inc. PUBLIC CONSTRUCTION PAYMENT BOND In compliance with F.S. Chapter 255.05 (1(a) THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES,INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS INSECTIONS 255.05(2),255.05(8)AND 255.05(10),ARE INCORPORATED IN THIS BOND BY REFERENCE. Issued in Quadruplicate Bond No.: 016059451 CONTRACTOR: Name: D. L. Porter Constructors,Inc. Phone No. (941) 929-9400 Address: 6574 Palmer Park Circle Sarasota FL 34238 SURETY: Name: Liberty Mutual Insurance Company Phone No. 617-357-9500 Address: 175 Berkeley Street Boston MA 02116 OWNER: Name: Monroe County Board of County Commissioners,FL PHONE: 305-292-4439 500 Whitehead Street Key West FL 33040 OBLIGEE: (If contracting entity is different from the owner,the contracting public entity) Monroe County Facilities Development Name: N/A Address: TIME: p=ranxn RY Bond Amount: $689,070.00 Contract Date: March 19,2014 Description of Work: ADA Compliance Segment#1 &2 Combined Monroe County FL,County Public Facilities Work consists of numerous and varied construction projects created to update certain County facilities to bring the listed facilities into compliance with the Americans with Disabilities Act of 1990 (ADA), approx.32-37 Facilities within Monroe County FL FRONT PAGE All other Bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be re-printed thereon. Inquiries: Willis of Florida,4211 W Boy Scout Blvd#1000,Tampa FL 33607; PHONE: 813-281-2095 Bond No.016059451 Issued in Quadruplicate Performance Bond Public Construction KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) D.L.Porter Constructors,Inc. 6574 Palmer Park Circle,Sarasota FL 34238 as Principal,hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Liberty Mutual Insurance Company 175 Berkeley St,Boston MA 02116 Phone: 617-357-9500 as Surety,hereinafter called Surety,are held and firmly bound unto (Here insert full name and address or legal title of Owner) Monroe County Board of County Commissioners,FL 500 Whitehead Street,Key West FL 33040 as Obligee,hereinafter called Owner,in the amount of Six Hundred Eighty-nine Thousand Seventy and 00/100—Dollars ($689,070.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. WHEREAS, Contractor has by written work authorization dated March 19,2014,with the Owner for (Here insert full name,address and description of project) ADA Compliance Segment#1 &2 Combined,Monroe County FL, County Public Facilities accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) n/a which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. Inquiries: Willis of Florida,4211 W Boy Scout Blvd#1000, Tampa FL 33607; PHONE: 813-281-2095 • =4 Bond No.016059451 PERFORMANCE BOND Public Construction NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or under the contract or contracts of completion arranged extension of time made by the Owner. under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not Whenever Contractor shall be, and declared by Owner exceeding, including other costs and damages for which the to be in default under the Contract, the Owner having Surety may be liable hereunder, the amount set forth in the performed Owner's obligation thereunder, the Surety may first paragraph hereof The term "balance of the contract promptly remedy the default,or shall promptly: price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract 1) Complete the Contract in accordance with its terms and and any amendments thereto, less the amount properly paid conditions,or by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its term and conditions, and upon the expiration of two(2)years from the date on which final determination by Surety of the lowest responsible payment under the Contract falls due. bidder, or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest No right of action shall accrue on this bond to or responsible bidder,arrange for a contract between such for the use of any person or corporation other than the bidder and Owner, and make available as work Owner named herein or the heirs, executors, administrators progresses (even though there should be a default or a or successors of the Owner. succession of defaults Signed and sealed this 3`a day of April 2014 D.L.Porter Constructors,Inc. - (Principal) (Seal) (Witness) Paulett Jewell e (Title) C. Marshall White, VP Liberty Mutual Ins pany urety) � (Seal) (Witness) C_A-o o- (Title) Eileen C.Heard Attorney-in-fact and Florida Licensed Resident Agent Inquiries: Willis of Florida,4211 W Boy Scout Blvd#1000, Tampa FL 33607;PHONE: 813-281-2095 • Bond No.016059451 Issued in Quadruplicate THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED 1 TO THE TIME LIMITATIONS IN SECTIONS 255.05(2) , 255.05 (8) AND 255.05 (10) ARE INCORPORATED IN THIS BOND BY REFERENCE. Labor and Material Payment Bond PUBLIC CONSTRUCTION THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS:that (Here insert full name and address or legal title of contractor) D.L.Porter Constructors,Inc. 6574 Palmer Park Circle,Sarasota FL 34238, PHONE: 941-929-9400 as Principal,hereinafter called Contractor,and, (Here insert full name and address or legal title of Surety) Liberty Mutual Insurance Company 175 Berkeley St,Boston MA 02116 Phone: 617-357-9500 as Surety,hereinafter called Surety,are held and firmly.bound unto (Here insert full name and address or legal title of Owner) Monroe County Board of County Commissioners,FL 500 Whitehead Street,Key West FL 33040 PHONE: 305-292-4439 as Obligee,hereinafter called Owner,in the amount of Six Hundred Eighty-nine Thousand Seventy and 00/100—Dollars ($689,070.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. WHEREAS, Contractor has by written work authorization dated March 19,2014, with the Owner for (Here insert full name,address and description of project) ADA Compliance Segment#1 &2 Combined,Monroe County FL, County Public Facilities in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) n/a which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. Inquiries: Willis of Florida,4211 W Boy Scout Blvd#1000,Tampa FL 33607; PHONE: 813-281-2095 . Bond No. 016059451 • LABOR AND MATERIAL PAYMENT BOND Public Construction NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. Claimant is defined as one having a direct contract with the accuracy the amount claimed and the name of the party to whom Principal or with a Subcontractor of the Principal for labor, the materials were furnished, o for whom the work or labor was material, or both, used or reasonably required for use in the , done or performed. Such notice shall be served by mailing the performance of the Contract,labor and material being construed to same by registered mail or certified mail, postage prepaid, in an include that part of water, gas, power, light, heat, oil, gasoline, envelope addressed to the Principal,Owner or Surety,at any place telephone service or rental of equipment directly applicable to the where an office is regularly maintained for the transaction of Contract. business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save 2. The above named Principal and Surety hereby jointly and that such service need not be made by a public officer. severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a b)After the expiration of one(1)year following the date on which period of ninety(90)days after the date on which the last of such Principal ceased work on said Contract, it being understood, claimants work or labor was done or performed,or materials were however,that if any limitation embodied in this bond is prohibited furnished by such claimant, may sue on this bond for the use of by any law controlling the construction hereof such limitation shall such claimant,prosecute the suit to final judgment for such sum or be deemed to be amended so as to be equal to the minimum period sums as may be justly due claimant, and have execution thereon. of limitation permitted by such law. The Owner shall not be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the 3. No suit or action shall be commenced hereunder by any project,or any part thereof is situated,and not elsewhere. claimant: 4. The amount of this bond shall be reduced by and to the extent a)Unless claimant,other than one having a direct contract with the of any payment or payments made in good faith hereunder, Principal, shall have given written notice to any two of the inclusive of the payment by Surety of mechanic's liens which may following: the Principal, the Owner, or the Surety above named, be filed of record against said improvement,whether or not claim within ninety(90) days after such claimant did or performed the for the amount of such lien be presented under and against this last of the work or labor,or furnished the last of the materials for bond. which said claim is made,stating with substantial This bond is amended so that the provisions and limitations of Sections 255.05,(2),(8)&(10)Florida Statutes,is incorporated herein by reference. Signed and sealed this 3rd day of March 2014. D.L.Porter Constructors,Inc. —77) (Principal) - _(Seal) (Witness) Paulette ewell (Title) C. Marshall White, VP Liberty a nsurance pant !itn s) :�Cl _ (Surety) (Seal) (Witness) , (Title)Eileen C.Heard Attorney-in-fact and Florida Licensed Resident Agent Inquiries: Willis of Florida,4211 W Boy Scout Blvd#1000, Tampa FL 33607; PHONE: 813-281-2095 -• =THIS-POWER•OF.ATTORNEYIS-NOTVALID.;UNLESS IT;_IS PRINTED ON_RED-BACKGROUND. - _ "- = - _▪ - • ThisPower of Attorneytimits life acts of- those;named herein,=and_they_have no authority to bin_d the_Company except in_the manner and to the_extent herein stated_' _ _ - _ _ - - -certificate No:6166526.; ▪ - = - = American_Fire=and Casualty Company Liberty Mutual Insurance Company_ _ = _. - = - - - - . _The Ohio-Casualty_In`s.urance Company West Americaninsurance Company = _ -. _ - _ _ - = = - - `_ i - - - POWER OF-ATTORNEY . _ _ - = -- - - KNOWN ALL PERSONS:BY:THESE•FRESENTS::ThatAmerican-Fire&Casualty Company and The Ohio Casualty Insurance Company.are corporationsduly:organized underthe.laws_of : theState of New:Hampshire-hat Liberty",Mutual Insurance.Companyis a corporation duly,organized under-the lawsof-the State•of Massachusetts;and West American.Insurance:Company - -is7.a corporation.duly organized under tfie.laws of the_State:of Indiana.(herein collectively called the"Companies"):pursuantto and byauthonty herein set forth;does hereby name;constitute_ .•- . = -andap`omt -'�Anett Cardinale Carol:FiHermes-David H-stair C-Heard:Ltnda-Hom MafgaretA�Ginerri " -- .-- =. -, -- .- - _ " -▪- _ all ofe city-of-Tamba- - - state.of FL - _ - ..each:individually if there be more••than onenamed,.its-true;and lawful.attorrleyin=fact to make,`execute_seal;_acknowledge and:deliver,for and on its behalf-as-surety and as its act and deed,'any and all_undertakings b"o'nds,recognizances and other suretyobligationsiin_pursuance`of these presents and shall -=be as binding upon the Companies as-if they have been duly signed by the president and attested by the secretary of the C- ompanies'in their•,own proper persons=-=-_:--= IN:WITNESS_WHEREOF,-this Power_of-Attorney.has been subscribed by an auttionzed"offider or official of the Companies;andahecorporateseals of the-Companies,have:bee f:affixed_ - - :theretothis- 6th -- _ - = - - ==American=Fireand_Casual}�/Com an _ = PIAD-c4s0 \r(IhSUp_ INSuq,1 - - 1 iNSu ^f i-�. "�� p y - r7 9 - J�,21'7-4J yA • °4,9-''"1 ^' - o,A, - TiieOiib-Lasualty Insurance:Company w_ a°s� -'FO!� - Q �'- t;- �� J s- ?'G P� c4 Y' =Pq F` - _ z �� { o $ - Liberty.Mutual Insurance Company., d- t toe p O " 1919, n t st 2 x 1991 West American Insura a Company - ,, ,c atr y VJ e r b N- FL tGetC�aA oy ;4SL� .�J6"T4n,J wCr? 1��u a- � - ai = tr a =C STATE OF:WASHINGTON - ss_ - - - - - _ _ - - Gregory- Davenport;Assistant:Secretary-▪ "- =;C w-' :000NTYOFKING - - l = m:"- -On this_6th --day of June, - - -, 2018 ,:.before me ersbnall-.a eared-.Gre-o -W. Davdnport,who;acknowled ed.himself-to be-the�AssistanCSedieta of-As "c>3 �= of Y P y PP 9 !Y: - - p- g ry c�l— w:3 -Fire-and Casualty Company,Liberty Mutual Insurance_Company The Ohio Casualty Company,-and West American;lnsurance Company,;and_that.he,as such being:autbonzed,sop do_;>'W_ o_ execute the foregoing instrument for thepurposes therein contained bysigning on behalf of the corporations by himself as aduly authorized officer.-'- _ _ ..c -_ d.'>:IN-WITNESS WHEREOF,I have hereunto subscribed my name and.affxed my notarial_seal at Seattle,Washington on the day andyear_first above written.== = Oc . C.N NOTARY- --BY•- ; -.:15:0.- r,Ve.1 _ Ka Riley Not Public --�` C . = y cC=� This Power ofAttorney.is made and_executed pursuant to and by authority"of the following By=laws and Authorizations"ofAmencan Fire and Casualty Company;The Ohio Casualty_Insurance_:vj o - CompanyL•iberty-Mutual.Insurance.Company,and-West AmericanInsCrance Company.-which resolutions are:now.iff:fUllr.lofjoeTarict effect reading as follows= - r:51, ; . _- -r= - _- _.; -:- _ - :_�:----.: -_ �-•▪ --�- ,r,,.Q; _03 CD,ARTICLE IV=OFFICERS=Section 12 Power of Attorney:Any officer or other official of the Corporation authorized for that purpose In writing•by.the Cheirman-or,the,President,:and subject.;-,o-E ;ary= tosu"chh-limitation.as theChairman or the President may prescribe shall-appoint_such attorneys-in-fact;as may be neeessary;to act in behalf ofthe Corp oration_tomake;,exec.ite seal - a).: o,c acknowledge aril deliver as surety-.any and all_undertakings-:bonds recognizance's and other surety obligations._Such attorneys in fact`subfectto the limitations set forth i their respective,.;B;z E;0 � powers:of attorney;shall have full_power to bind the Corporation:by their,signature and-executionof any such instruments:and to:attach=thereto the seal"of the Corporation:--When so y executed such instruments shall.be as binding as if signed-by the=Preside nt and attested.to by the Secretary Anypower or authority granted to-any representative or attomeyminfact•under, :6>43 "-— the proivisions of this article maybe rivoked at any time by.the Board the Chairman-the President or-byte officer or officers grantingsuch power or authority „_ 1,:g ARTICLE XIII Executionof-Contracts=SECTION 5._Surety Bonds-and Undertakings.Anyofficer of-the Compariyauthorized-for that:purpope writing bythe'chairman or the:president boo_ :>:` andsubject to such limitations as the chairman.or the president,may prescribe;shall appoint_such attorneys In fact,asmay benecessary-to act inmbehalf of the Company to make'execute 15,M_ 62'5,aeal;;acknowledge and:deliver assurety any and all undertakmgsbonds recognizances and_other-surety obligations Such attorneys m iact subject to;tfielimitations seV ortfi:in_their- c, , Z:CO;-respective powers of attorney;shall have full power to bind the Company".byttheir signatureandexecution of anysuch instniments and-to attach:tfieretothe seal of the Company::When so= O_o=. _ = executesud ch instruments shall be as bindingas if si ned by;the resident nd attested:b.the secrets -"%'� ''' -= - - 4j io- - -- :Certificate of Designation;=The:Presiderit=of:the Company;-acting�pursuent to-the-Bylaws:of,ttte:Company;autttoriies`Gregory_W-Davenports:Assiatant;Secretary`_to^appoint"suc :h _ _ - `-attorneys=in-fact as maybe necessary to acton behalf oftheCompanyto make,-execute;seal•acknowledge and deliver as surety.any and all^undertakingsJbonds,:recognizances and _ =othersuretypbligations; - - _ - _ - - - - - - - _ = : - L, `Authorization�By unanimous consent=ottheCompany_s-Board.of:Directors the JCompanyconsentsthatfacsimile or_mechanically.reproduced signature of:any:assistant secretary of the Company wherever appearing uponta•certified-copy ofany_power of attorney,issued-by the Company in connection with-surety bonds;shall bevalid and b riding upon the Company with—— thesarne force and effect as-though rnanuallyaffixed _-_ _ - _ _ -_"I.David,M.Care -'the undersigned;Assistant_Seceta 'of;American-Eire and�Casual.Compan,The Ohio_Casual ;Insurance`C m an;=Libe ty Mutual'Insurance,Com-an and-West= %% - _ - _Y, 9 . ry, - .. - . ty . P Y _ . ._-ty -- _ ;.R_-Y . -_.r<Y_ . _ _. __. _pY, , : -, , _,_. _ =-=American Insurance Company do hereby certify that-the original power of attorney of which the foregoing is a full;true and correct copy of the Pow er-of Attorney executed by said.Companies,= Ism full-force and effectand has not been revoked. - _ = -- - - IN TESTIMONY WHEREOF_I have hereunto set my hand and affixed the seals of said Companies this S- -day of 20"�- = _ _ •l o,CAS - - - :Y INSp .,N-suq _ gNU17 - - - - - - - _ _ 0t aq,'G9 Jh�?rrH RS �J�'4 1MIA^/ \� - o, qi, o�. - -0lj _ c .c,_. 2c .Jm' '. '' " _ - !per/y�� S 740G o 0 1919. n > 1912 _ ` 7991 - By:: - I- . x - ' a 6- _ �„ _ _ a - ' - _ - David M:Carey Ass:stantsecretary (-i'� -- .. yy, „a,,,or?ate = �>,._.4 ru+as l-!'a . �6i�'3A6j,. �� i - NaAtiA: t- _ - LMS-12873-092012 - - - - _ =_ - 304;Of 500' _ -�.40 DLPOR-1 OP ID: GD '`'`.�RL CERTIFICATE OF LIABILITY INSURANCE DATE(M 04/04/20YYY) /2014 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 Phone:727-447-6481 CONTACT Bouchard-Clearwater NAME: AX 101 Starcrest Drive Fax: 727-449-1267 (PNHCONNo.Ext): (A c,No): P O Box 6090 E-MAIL Clearwater,FL 33758-6090 ADDRESS:cicerts@bouchardinsurance.com J Raymond Bouchard,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance Co 23396 INSURED D L Porter Constructors, Inc. INSURER B:Amerisure Insurance Company 19488 6574 Palmer Park Circle Sarasota, FL 34238-2777 INSURER C:Colony Insurance Co 39993 INSURER D: INSURER E: INSURER F: 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. ILTR TYPE OF INSURANCE IR NSR SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDDIYYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 C X COMMERCIAL GENERAL LIABILITY X 103 L 0003336-00 04/01/2014 01/01/2015 DAMAGE TO fED PREMISES(Eaa o occurrence) $ ,100 000 c CLAIMS-MADE X OCCUR A VED Y ISK NAGEMENT MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 BY ` GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE 1Y/ ' PRODUCTS-COMP/OP AGG $ 2,000,000 —1 POLICY X JECT LOC WAIVER N A1.YES—. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ B X ANY AUTO X CA20593610601 01/01/2014 01/01/2015 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LAB CLAIMS-MADE XS170015 04/01/2014 01/01/2015 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X TORY LIMITS OER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVEYlN N/A WC208074502 01/01/2014 01/01/2015 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) a Co'O" ,( RE: ADA COMPLIANCE, SEGMENT #1 & 2 COMBINED, MONROE COUNTY PUBLIC FACILITS-r�@t1`- e\opOO' CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY a0111A8S 091 AND AUTO ONLY IF REQUIRED BY WRITTEN CONTRACT, AND SUBJECT TO THE TERMS, eft CONDITIONS AND LIMITS AS SPECIFIED IN THE POLICY. iii 07 tov.,,Erqs. _- CERTIFICATE HOLDER CANCELLATION *CS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. 500 WHITEHEAD ST KEY WEST,FL 33040 AUTHORIZED REPRESENTATIVE 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD