07/16/2014 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
uoMW couim, aonIN
DATE: August 7, 2014
TO: Kevin Wilson
Director of Engineering
ATTN. • Breanne Erickson
FROM. • Lindsey Ballard, D. C;1VV
At the July 16, 2014 Board of County Commissioner's meeting the Board granted approval and authorized
execution of Item C23 Contract with Barracuda Builders of Key West, Inc. for the West Martello Tower
Meeting Room Renovation. This project is funded by the TDC.
Enclosed a duplicate original executed on behalf of Monroe County, for your handling. Should you have
any questions, please feel free to contact me.
Cc: County Attorney
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
WEST MARTELLO MEETING ROOM RENOVATION
Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the Sixteenth day of July in the year of Two Thousand and 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: Barracuda Builders of Key West, Inc.
(Name and address) 5601 3"' Avenue
Key West, FL 33040
For the following Project:
WEST MARTELLO TOWER MEETING ROOM RENOVATION
Scope of Work: Renovation of the Existing Meeting Room at West Martello Tower. Furnish and
install new impact resistant windows and doors, new roofing and insulation,
and a new electrical system and fixtures will be installed. A new mini -split A/C
system will be furnished and installed. The interior of the building will receive a
new coat of paint on floor, walls, and on the ceiling between the rafters. New
Roofing and Insulation.
Project Management Monroe County Project Management
1100 Simonton Street-Rm 2-216
Key West, Florida, 33040
The Architect is: Bender and Associates, Architects
410 Angela St.
Key West, FL 33040
WEST MARTELLO MEETING ROOM RENOVATION
i tie vwner ana 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, Proposal Documents, Addenda issued prior to execution
of this Agreement, together with the response to RFP and all required insurance documentation, and
Modifications issued after execution of this Agreement. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the
order of the documents as just listed.
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, but is not
necessarily limited to the following items:
Renovation of the Existing Meeting Room at West Martello Tower. Furnish and install
new impact resistant windows and doors, new roofing and insulation, and a new
electrical system and fixtures will be installed. A new mini -split A/C system will be
furnished and installed. The interior of the building will receive a new coat of paint on
floor, walls, and on the ceiling between the rafters. New Roofing and Insulation.
Adherence to all other requirements of the Contract Documents, technical
specifications and drawings. "West Martello to remain open to the public and
operational during construction and all care shall be taken for the safety of visitors.
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 sixty days (60 days)
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.
CONTRACT AMOUNT
FIRST
15 DAYS
SECOND
15 DAYS
31ST DAY &
THEREAFTER
Under $50,000.00
$50.00/Day
$100.00/Day
$250.00/Day
$50, 000.00-99, 999.00
100.00/Day
200.00/Day
750.00/Day
$100,000.00-499,999.00
200.00/Day
500.00/Day
2,000.00/Day
$500,000.00 and Up
500.00/Day
1,000.00/Day
3,500.00/Day
The Contractor's recovery of damages
and sole remedy for any delay caused by the Owner shall be an
extension of time on the Contract.
ARTICLE 4
Contract Sum
Fa
WEST MARTELLO MEETING ROOM RENOVATION
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract the Contract Sum of One Hundred Sixty -Two Thousand Two Hundred Fifteen Dollars and
00/100 ($162,215.00) 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:
Alternate # 1: New Roofing and Insulation
New Roofing and Insulation shall be included at a sum of Ten Thousand One Hundred Twenty Dollars
and 00/100, ($10,120.00), which is included in the contract sum as stated in paragraph 4.1 above.
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project
Management, and upon approval for payment issued by the Director of Project Management and
Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as
provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the
last day of the month, or as follows: N/A
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 of Ten Percent 10%.
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 with results in a net decrease in the Contract Sum shall be the net cost to the
Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated
in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the
Director of Project Management. 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;
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WEST MARTELLO MEETING ROOM RENOVATION
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 of 1.0% will be withheld in accordance with section 218.735 (8(b), 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 1027) 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. Keys and keying schedule
7. Spare parts and maintenance materials
8. Warranties bond and guarantees
9. Evidence of payment and final release of liens and consent of surety to final release (includes
final release from all utilities and utility companies
10. Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) indexed and
tabulated electronic copy on CD of all the following but not limited to:
1. Project Record Documents (As Built Documents).
2. Operating and maintenance data, instructions to the Owner's personnel.
3. Warranties bond and guarantees.
4. Keying schedule.
5. Maintenance materials
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another
Contract Document, the reference refers to that provision as amended or supplemented by other
provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and
Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500 of the General Requirements.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
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WEST MARTELLO MEETING ROOM RENOVATION
7.5 CLARIFICATION OF CONTRACT DOCUMENTS: The parties agree that in the event of a
discrepancy between the documents, precedence shall be given to this Agreement. Specifically, it is the
CONTRACTOR, not the OWNER, who shall be responsible for SCHEDULING, MANPOWER
REQUIREMENTS, AND PERMITS as stated in the INSTRUCTIONS TO PROPOSERS at Section
00100, ARTICLE 5.4, including 5.4.4 of the Proposal Documents; these requirements shall extend to,
shall be binding on and shall override any inconsistencies in the Technical Specifications Section 03300,
3.16 FIELD QUALITY CONTROL, which are hereby amended to state that the CONTRACTOR, not the
OWNER, be responsible for all duties in that section, By Contractor's signature on this Contract, the
Contractor acknowledges and accepts this interpretation of the contract documents.
7.6 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 proposal on a contract with a public entity for the construction or repair of
a public building or public work, may not submit proposals on leases of real property to public entity, may
not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
7.7 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 Cleric determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida applicable to contracts made and to
be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the County and
Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor
agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding, pursuant to Section XVI of this agreement.
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 attorneys fees and
court costs as an award against the non -prevailing party, and shall include attorney's fees and courts
costs in appellate proceedings.
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WEST MARTELLO MEETING ROOM RENOVATION
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives,
successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal
counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. County or Contractor agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the 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 Vlll of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize and will
be required to comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
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WEST MARTELLO MEETING ROOM RENOVATION
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely
for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have
the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel
this Agreement upon violation of this provision by Contractor. Contractor is required to:
1. Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
2. 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.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
4. 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.
o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the
participation of the Contractor and the County in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or employees of the
County, when performing their respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties.
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to
the extent permitted by the Florida constitution, state statute, and case law.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or
any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the Contractor agree that
neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
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WEST MARTELLO MEETING ROOM RENOVATION
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 singing any such
counterpart.
v) 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
liabilities, damages, losses and costs, recklessness, or intentional wrongful misconduct of the Contractor
and persons employed or utilized by the contractor, including sub Contractor(s) in any tier, in the
performance of the construction contract. 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 that 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 Consultant shall
indemnify the County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Consultant, the Consultant agrees and warrants that the Consultant shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or
action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for
the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
w) Florida Green Building Coalition standards. Monroe County requires this renovation to conform
to Florida Green Building Coalition standards, as much as reasonable given the historical nature of the
building.
x) 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.
y) 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
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WEST MARTELLO MEETING ROOM RENOVATION
discriminate on the basis of race, color, national origin or sex in award and performance of contracts,
entered pursuant to this Agreement.
z) 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.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated April 2014.
9.1.4 The Specifications are those contained in the Project Manual dated April 2014.
9.1.5 The Drawings issued by the Architect for the construption of the West Martell Tower
Meeting Room Renovation are as follows:
Drawings Al through A8
9.1.6 The Addenda, if any, areas follows:
Number
Date
Pages
1
04/25/14
7
2
05/02/14
19
3
05/09/14
2
9.1.7
The Alternates, if any, are as follows:
Add Alternate No. 1; Roofing and Insulation
END ALTERNATES
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the
bidding requirements are also enumerated in this Article 9.
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WEST MARTELLO MEETING ROOM RENOVATION
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
Insurance and bond documents
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.
�iEXTION BY THE CONTRACTOR MUST BE BY A PERSON WITH AUTHORITY TO BIND THE
t f 4 �Jd SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
wsk \
' BOARD OF COUNTY COMMISSIONERS
#7l y Heavilin, Clerk OF MONROE COUNTXf LORIDA
0 n _ B
Deput CI`erk� y Ma r/Chairman
Date: StC Qd I (othf A014
(SEAL)
Attest:
CONTRACTOR
BARRACUDA BUILDERS OF KEY WEST, INC.
By:
Signature
Title: rres•At. i
Print Name:
STATE OF FIyQR 6f DC
COUNTY OF �NV�t�U 11 ��
n this 1 day of J1 11 14, before me, the undersigned notary public, personally appeared _
kno to me to be the person whose name is subscribed above, or who produced
at identification, and acknowledged that he/she is the person who executed the above contract
Mon ro C n fRr ttVtlesWartello Meeting Room Renovation, for the purposes therein contained.
l
ota Public JASMYNP ACEVEDO
p-cyzd t' WOMNAS" N EE 19877g
Print Name ga m S. 1Y31,2016
..--,, // 1 Y Pudic unde,ad"
My commission expiresU61 I
MONROE COUNTY ATTORNEY
PROVED AS TO F
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date
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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
5. Subcontractors
6. Construction by Owner or By Other
Contractors
7. Changes in the Work
11. Insurance and Bonds
12. Uncovering and Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the
Contract
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ART_
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners proposal documents, other documents listed in the Agreement and Modifications issued
after execution of the Contract, and the Contractor's proposal 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 Amendment entered into in
the same manner and with the same formality as this Agreement. The Contract Documents
shall not be construed to create a contractual relationship of any kind (1) between the Architect
and Contractor, (2) between Project Management and Contractor, (3) between the Architect and
Project Management, (4) between the Owner and a Subcontractor or (5) between any persons
or entities other than the Owner and Contractor. The Owner shall, however, be entitled to
enforce the obligations under the Contract intended to facilitate performance of the duties of
Project Management and Architect.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Project Management.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the proposal requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
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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 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect. All
copies of them, except the Contractor's record set, shall be returned or suitably accounted for to
Project Management, on request, upon completion of the Work. The Drawings, Specifications
and other documents prepared by the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub -subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to be construed as publication in
derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic Cbpy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for
written specifications or 11"x 17" drawings).
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
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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.
ART_
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services'Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits and fees
which are the responsibility of the Contractor under the Contract Documents. It is the
Contractor's responsibility to secure and pay for the building permit(s) for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and may contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
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Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Project
Management's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. If payments then, or thereafter,
due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum
of 24 hours notice. In the event of safety issues determined to be of a serious nature, as
determined by Project Management, notice will be given, and contractor is required to rectify
deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by Project Management, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Project Management and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Project Management or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to Project Management and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to Project Management and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to Project Management and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
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3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of Project Management as provided in
Subparagraphs 4.6.3 and 4.6.5.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Project Management in its
administration of the Contract, or by test, inspections or approvals required or performed by
persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by Project
Management, the Contractor will remove and/or replace the employee at the request of Project
Management. Employees dismissed from the project will be transported from the job site at the
Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Project Management, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless otherwise
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required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by Project Management, the Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees,
licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or
Utility entities having jurisdiction over the project for the proper execution and completion of the
Work which are customarily secured after execution of the Contract and which are legally
required at the time bids are received. The Contractor will be responsible for all building permit
costs or impact fees required for this project. The Contractor shall secure and pay for all
building and specialty permits including plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Project Management, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Project Management, Architect
and Owner, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Project Management and shall not be changed' except
with the consent of Project Management, unless the superintendent proves to be unsatisfactory
to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
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3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Project Management's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised at appropriate intervals as required by the conditions
of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised as required by the conditions of the Work, and shall be subject to
Project Management's approval.
3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing
the Contractor's Work to avoid conflict, delay in or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.3 Not Used
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 which the Contractor shall attend. At this meeting, the
parties can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Project Management and Architect and shall be delivered to Project Management
for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by Project
Management is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance
with the schedule and sequence approved by Project Management, Shop Drawings, Product
Data, Samples and similar submittals required by the Contract Documents. The Contractor
shall cooperate with Project Management in the coordination of the Contractor's Shop
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Drawings, Product Data, Samples and similar submittals with related documents submitted by
other Contractors. Submittals made by the Contractor which are not required by the Contract
Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by Project Management. Such Work shall be in accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Project Management approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed Project
Management and Architect in writing of such deviation at the time of submittal and Project
Management 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 speck attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Project Management and Architect on previous submittals.
3.12.10 Informational submittals upon which Project Management are not expected to take
responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Project Management and Architect shall be
entitled to rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to Project Management for
approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
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alter such construction by other Contractors or by the Owner's own forces except with written
consent of Project Management, Owner and such other contractors: such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of Project Management shall also be
required. The Contractor shall not unreasonably withhold from Project Management or any
separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block -out, cutout opening, or other hole in any fire -related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Project Management.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project
Management may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Project Management and
Architect harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect and 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 liabilities,
damages, losses and costs, recklessness, or intentional wrongful misconduct of the Contractor
and persons employed or utilized by the contractor, including sub-Contractor(s) in any tier, in
the performance of the construction contract. 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.
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In the event that 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 Consultant shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
ART_
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative.
4.2 Project Management
4.2.1 Project Management is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term"Project
Management" means Monroe County Project Management Department or Project
Management's authorized representative.
4.3 Duties, responsibilities and limitations of authority of Project Management and Architect
as set forth in the Contract Documents shall not be restricted, modified or extended without
written consent of the Owner, Project Management, Architect and Contractor. Consent shall not
be unreasonably withheld.
4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect
whose status under the Contract Documents shall be that of the former Architect.
4.6 Not Used
4.6 Administration of the Contract
4.6.1 Project Management and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. Project Management and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
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4.6.2 Project Management and Architect will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will keep the Owner
informed of the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Project Management and Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Project Management and the Owner until subsequently. revised.
4.6.4 Not used.
4.6.5 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. On the basis of on -site observations as an architect, Project Management
will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner
against defects and deficiencies in the work.
4.6.6 Project Management will not have control over or charge of and will not be responsible
for construction means, method, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are solely the Contractor's responsibility
as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to cant'
out the Work in accordance with the Contract Documents. Neither Project Management nor the
Architect will have control over, or charge of, or be responsible for acts.or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons performing
portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Project Management, and shall
contemporaneously provide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through Project Management and shall be contemporaneously
provided to the Architect.
4.6.8 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 for Payment. After reviewing and certifying the amounts due the
Contractors, the Project Application for Payment, along with the applicable Contractors'
Applications for Payment, will be processed by Project Management.
4.6.9 Based on Project Management's observations and evaluations of Contractors'
Applications for Payment, Project Management will certify the amounts due the Contractors and
will issue a Project Approval for Payment.
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4.6.10 Project Management will have authority to reject Work which does not conform to the
Contract Documents, and to require additional inspection or testing, in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Worts is fabricated, installed or
completed, but will take such action only after notifying Project Management. Subject to review,
Project Management will have the authority to reject Work which does not conform to the
Contract Documents. Whenever Project Management considers it necessary or advisable for
implementation of the intent of the Contract Documents, Project Management will have authority
to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2
and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing
authority of Project Management will be subject to the provisions of Subparagraphs 4.6.18
through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect.
However, neither the Architect's nor Project Management's authority to act under this
Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or
not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project
Management to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees, or other persons performing any of the Work.
4.6.11 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 review those recommended for approval. Project Management actions will be
taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in
the activities of other Contractors or the Owner.
4.6.12 Project Management will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. Project Management action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project
Management, while allowing sufficient time 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 Management review of the
Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3,
3.5 and 3.12. Project Management's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by Project Management, of any construction means,
methods, techniques, sequences or procedures. Project Management's approval of a specific
item shall not indicate approval of an assembly of which the item is a component.
4.6.13 Project Management will prepare Change Orders and Construction Change Directives.
4.6.14 Following consultation with the Owner, Project Management will take appropriate action
on Change Orders or Construction Change Directives in accordance with Article 7 and will have
authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist Project Management in conducting inspections to determine
the dates of Substantial completion and final completion, and will receive and forward to Project
Management written warranties and related documents required by the Contract and assembled
by the Contractor. Project Management review and approve a final Project Application for
Payment upon compliance with the requirements of the Contract Documents.
4.6.17 Project Management will provide one or more project representatives to assist in
carrying out his responsibilities at the site. The duties, responsibilities and limitations of
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authority of such project representatives shall be as set forth in an exhibit to be incorporated in
the Contract Documents.
4.6.18 Project Management will interpret and decide matters concerning performance under
and requirements of the Contract Documents on written request of the Owner or Contractor.
Project Management's response to such requests will be made with reasonable promptness and
within any time limits agreed upon. If no agreement is made concerning the time within which
interpretations required of Project Management shall be furnished in compliance with this
Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management
to furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of Project Management will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, Project Management will endeavor
to secure faithful performance by both Owner and Contractor, will not show partiality to either
and will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 Project Management's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the
claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute
or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 16"' Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
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4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. Project Management will promptly investigate such conditions, and the parties will
follow the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided -herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from Project Management, (2) a
written order for a minor change in the Work issued by Project Management, (3) failure of
payment by the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or
(6) other reasonable grounds, Claim shall be filed in accordance with the procedure established
herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act, or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
ARTICLE 5
SUBCONTRACTORS
6.1 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
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referred to throughout the Contract Documents as if singular in number and means a Sub -
subcontractor or an authorized representative of the Sub -subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project
Management for review by the Owner and Project Management the names of persons or
entities (including those who are to furnish materials or equipment fabricated to a special
design) proposed for each principal portion of the Work. Project Management will promptly
reply to the Contractor in writing stating whether or not the Owner or Project, Management, after
due investigation, has reasonable objection to any such proposed person or entity. Failure of
Project Management to reply promptly shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or
Project Management has made reasonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Owner or Project Management has made
reasonable objection.
5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner or Project Management makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner or
Project Management. Each subcontract agreement shall preserve and protect the rights of the
Owner or 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 a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
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i. . If the work has been suspended for more than 30 days, the
Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Project Management. The Owner further reserves the right to award other
contracts in connection with other portions of the Project or other construction or operations on
the site under Conditions of the Contract identical or substantially similar to these including
those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Project Management,
the Owner shall provide for coordination of such forces with the Work of the Contractor who
shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Project Management shall be held harmless for
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other
contractors reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to Project Management any
apparent discrepancies or defects in such other construction that would render it unsuitable for
such proper execution and results. Failure of the Contractor so to report shall constitute an
acknowledgment that the Owner's own forces or other contractors' completed or partially
completed construction is fit and proper to receive the Contractor's Work, except as to defects
not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
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.
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6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify Project Management in writing, of his contention: setting forth (A) the cause
for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all
details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Project Management within (72)
hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Project
Management for an increase in the Contract price, nor a claim against the Owner or Project
Management for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Project Management determines to
be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work maybe accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Project
Management and Contractor; a Construction Change Directive require agreement by the
Owner, 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
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substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Project Management and signed by
the Owner, Project Management and Contractor stating their agreement upon all of the
following:
1 a change in the Work;
2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Project Management is received, shall promptly
proceed with the Work involved. The cost of such Work shall then be determined by daily force
accounts in a form acceptable to the Owner and Project Management. The daily force account
forms shall identify Contractor and /or Subcontractor personnel by name, total hours for each
man, each piece of equipment and total hours for equipment and all material(s) by type for each
extra Work activity claim. Each daily force account form shall be signed by the designated
Project Management 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
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overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general hometfield 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 subcontractor's percentage mark-
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(5%);
3. If the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Project Management such as
certified quotations or invoices shall be provided by the Contractor to Project Management at no
additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Project Management, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project
Management written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Project Management for the Extra Work shall include a complete
description of the extra Work, the total cost and a detailed cost breakdown by labor, material
and equipment for each additional activity required to be performed. Mark-ups shall be limited
as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.4 Authority
7.4.1 Project Management will have authority to order minor changes in the Worts 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 cant' out such written order promptly.
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ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Project Management in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the Architect/Engineer, 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
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paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to
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
Owners title to such materials and equipment or otherwise protect the Owner's interest, and
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shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which approval for payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub -subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 Project Management will assemble a Project Application for Payment by combining the
Contractor's applications*th similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 After the 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 spec 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 his
opinion, the application is not adequately supported. If the Contractor and Project Management
cannot agree on a revised amount, Project Management shall process the Application for the
amount it deems appropriate. Project Management may also decline to approve any
Application for Payment because of subsequently discovered evidence or subsequent
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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 cant' out the Work in accordance with the Contract Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Project Management:
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
9.6.1 After Project Management has issued an Approval for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall so
notify Project Management. From the total of the amount determined to be payable on a
progress payment, a retainage in accordance with the Florida Local Government Prompt
Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until
the final payment is made. The balance of the amount payable, less all previous payments, shall
be approved for payment.
1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by Project Management to be a part of the final quantity for the item of Work in
question.
.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 nor 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.
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9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Project Management to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub -subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Project Management
shall jointly prepare 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.
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9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required 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 a list 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 1027) are required for Final Payment:
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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. Keys and keying schedule
7. Spare parts and maintenance materials
8. Warranties bond and guarantees
9. Evidence of payment and final release of liens and consent of surety to final release (includes
final release from all utilities and utility companies
10. Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) indexed and
tabulated electronic copy on CD of all the following but not limited to:
1. Project Record Documents (As Built Documents).
2. Operating and maintenance data, instructions to the Owner's personnel.
3. Warranties bond and guarantees.
4. Keying schedule.
5. Maintenance materials
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
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor fumish proof to the Owner or 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
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(PCB), or when it has been rendered harmless, by written agreement of the Owner and
Contractor.
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).
10.1.4 Not Used
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to Project Management in writing. The Owner, Contractor and Project
Management shall then proceed in the same manner described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor and Project Management the names and qualifications of persons or
entities who are to perform tests verifying the presence or absence of such material or
substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor and Project Management will promptly reply to the Owner in writing
stating whether or not any of them has reasonable objection to the persons or entities proposed
by the Owner. If the Contractor or Project Management has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and Project
Management have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
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.
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10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Project Management or Architect or anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault
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 Contractors organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractors
superintendent unless otherwise designated by the Contractor in writing to the Owner or Project
Management.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractors discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the pre -staging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specked
in paragraph 11.1.11, and in the schedule set forth in Section 00110 Bid 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 Contractors 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 specked in any attached schedules until a Certificate of
Occupancy is obtained, if applicable. 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 Contractors failure to provide satisfactory evidence of insurance.
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11.1.4 The Contractor shall provide, to the County in care of Project Management as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer. In any event, all insurance policies must remain in full
force and effect until the County receives a final Certificate of Occupancy, if applicable.
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.
11.1.11 The required insurance is as follows:
Workers Compensation — In addition to Statutory Limits, Contractor shall obtain
Employers' Liability Insurance with limits of not less than $500,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy limits; $500,000 Bodily Injury by Disease, each
employee
General Liability — Contractor shall maintain throughout the contract until a Certificate of
Occupancy is obtained, as a minimum, Premises Operations; Products and Completed
Operations; Blanket Contractual Liability; Personal Liability; Expanded Definition of Property
Damage. The minimum limits shall be: $500,000 Combined Single Limit (CSL). If split limits
are provided, the minimum limits acceptable shall be: $300,000 per Person; $500,000 per
Occurrence; $200,000 Property Damage. An Occurrence Form policy is preferred. If coverage
is provided on a Claims Made policy, its provisions should include coverage for claims filed on
or after the effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of twelve (12) months following the acceptance of work
by the County. The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
Vehicle Liability — Contractor shall maintain throughout the life of the contract until a
Certificate of Occupancy is obtained, as a minimum, liability coverage for Owned, Non -Owned,
and Hired Vehicles. Minimum limits acceptable shall be: $300,000 Combined Single Limit
(CSL). If split limits are provided, the minimum limits acceptable shall be: $200,000 per
Person; $300,000 per Occurrence; $200,000 Property Damage. The Monroe County Board of
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County Commissioners shall be named as Additional Insured on all policies issued to satisfy the
above requirements.
11.2 Builder's Risk Insurance
11.2.1 The Owner shall not require the contractor to furnish Builder's Risk insurance in an
amount equal to the contract cost.
11.3 Public Construction Bond
11.3.1 A Public Construction Bond in the amount of the cost of construction if over $200,000 is
required. If the cost of construction is under $200,000 the Bond may be exempted by the
Board of County Commissioners.
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
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 9.8.2, 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.
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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.
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.
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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: Barracuda Builders of Key West, Inc.
5601 V Avenue
Key West, FL 33040
For Owner: Director of Project Management County Administrator
1100 Simonton St., Room 2-216 1100 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, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give Project
Management timely notice of when and where tests and inspections are to be made so Project
Management may observe such procedures. The Owner shall bear costs of test, inspections or
approvals which do not become requirements until after bids are received or negotiations
concluded.
13.5.2 If Project Management, Owner or public authorities having jurisdiction determine that
portions of the Work require additional testing, inspection or approval not included under
Subparagraph 13.5.1, Project Management will, upon written authorization from the Owner,
instruct the Contractor to make arrangements for such additional testing, inspection or approval
by an entity acceptable to the Owner, and the Contractor shall give timely notice to Project
Management of when and where tests and inspections are to be made so Project Management
33
WEST MARTELLO MEETING ROOM RENOVATION
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, Project Management will do so promptly and, where practicable, at the
normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by 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.
34
WEST MARTELLO MEETING ROOM RENOVATION
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
35
WEST MARTELLO MEETING ROOM RENOVATION
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: Barracuda Builders of Key West, Inc.
5601 3rd Avenue
Key West, FL 33040
The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal,
and Addenda thereto and other Contract Documents for the construction of:
WEST MARTELLO TOWER MEETING ROOM RENOVATION
1000 ATLANTIC AVENUE
KEY WEST, FLORIDA 33040
and having carefully examined the site where the Work is to be performed, having become familiar with
all local conditions including labor affecting the cost thereof, and having familiarized himself with material
availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the
Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment,
transportation services, and all incidentals necessary to perform and complete said Work and work
incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and
other Contract Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where the Work is
to be performed, together with the local sources of supply and that he understands the conditions under
which the Work is to be performed. The successful 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 Base Proposal shall be furnished below in words and numbers. If there Is an inconsistency
between the two the Proposal in words shall control.
TOTAL BASE PROPOSAL:
One Hundred Fifty Two Thousand Ninety Five Dollars ($152.095.00)
Words Numbers
ADD ALTERNATE NOA
Provide separate bid price for new roofing and insulation.
ADD Ten Thousand One Hundred Twenty Dollars ($10,120.00)
Words Numbers
1 acknowledge receipt of Addenda No.(s)
PROPOSAL 00110-4
WEST MARTELLO MEETING ROOM RENOVATION
No. 1 Dated Apri125, 2014
No. 2 Dated May 2, 2014
No. 3 Dated_ Mav 9.2014
Proposer, states by his check mark in the blank beside the form and by his signature that he
has provided the following forms (located in Section 00110):
a. Proposal Form X ,
b. Proposal Security (Bid Bond) X
C. Non -Collusion Affidavit x ,
d. Lobbying and Conflict of Interest Clause X
e. Drug -Free Workplace Form x ,
f. Subcontractor Listing Form X ,
g. Proposer's Insurance and Indemnification Statement X ,
h. Insurance Agents Statement (signed by agent)_, and
i. Local Preference Form and requirements (if applicable), X
In addition, Proposer states that he has included a certified copy of Contractor's License,
Monroe and County Occupational License. (Check mark items above, as a reminder that
they are included.)
Mailing Address: Barracuda Builders of Key West, Inc
5601 3rd Avenue
Key West, FL 33040
Phone Number.
Date: May 27, 2014 Signed:
Bryan Wofsey
(Name)
President
(Title) -
Witness: ea�
3/31/LU14 PROPOSAL 00110-5
BOND No. 71535197
WEST MARTELLO MEETING ROOM RENOVATION
BID (PROPOSAL) BOi!ID
IMW ALL NOW DY TUESE PRESENTS, that we Barracuda Builders of Key West, Inc.
5601 3rd Ave., Key West, FL 33040 (Here instxt name and addma or lept title of Contractor)
as Principal':, horeinafter oalled tho Principal, sad WESTERN SURETY COMPANY
333 S. Wabash Ave., 41stFloor, Chicago, IL 60604
(AM bmwt fall name sad address or legal titles of Surety)
a corporation duly organiavd under the low; of the Sttde of as Surety, hereinafter called the Surety, are held and
firmly bound unto MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON ST., ROOM 2-213, KEY WEST, inm M name and address or log.I title of Owner)
Five Percent of Amount Bid (5% of Amount Bid)
as Obligee, hereinafter called the f )bilgee, In the sum of Rollers ($), for the payment of which sum well and truly to
be made, the said Principal and the said Surety, bind ourselves, mar heirs, executors, admini+stwo s, sweessors and
assigns' jointly and scveraity, fizlnJyby these presents
W13mmAS, the Principal. leas submitted a bid for West Marbella Tours Meeting Room Renovation
(Here insert :fill name, address and description of project)
NOW, THEAEFORF, if the Obligee shalt accept the bid of the Priwipal shut[ enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor arad material furnished in the pmgeoution thereof, or in the event of the failure of the
Principal to aster such Contract and give such bond or bonds, if the Principal shell pwy to th o Obligee the difference
not to exceed the penalty hereof between the amount speoiBed in said bid and such larger amount for which dw
Obligee shay iu goad faith contact with another party to gerforrn the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this
bond must be in accordance with the notice and time timitations prostiaions in Section255.05(2), Florida Statutes,
Aaj�jwa'C-Uut
(Wit")
1
Barracuda Builders of Key West, Inc.
(rrluc) (Bad)
{Tx )
W_ ESTERN SURETY COMPANY __......
(Surety) {Seel)
f E _ 5-14-14
(Ttle)WIILLIIAM PAUL MC DEVITT JR
ATTORNEY IN FACT
3/31/2014 PROPOSAL att1 10-6
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
71535187
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint WILLIAM PAUL MC DEVITT JR
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Barracuda Builders of Key West, Inc.
Obligee: Monroe County Board of County Commissioners
Amount: $500, 000. 00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of August 14
2014 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
affixed this 14 th day of May 2014
corporate gW41 tom_
WEST R SURE COMPANY
Paul T. ruflat, Vice President
SA0ss
`SC� A
3a�
COUN--AHA
On this 14 th day of May in the year 2014 before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co at'on.
+` S. PETRIK
+ HOUM PUBLIC
SOUTH Mwm + 14otary Public -South Dakota
t��w..ti�tis.rtiti�.ti�►tiu�.atiw t
My Commission Expires August 11, 2016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 14 th day of
May 2014 .
WEST R �SURE COMPANY
Paul T. at, Vice President
Forth F5306-8-2012
ACKNOWLEDGMENT OF SURETY
STATE OF Florida (Attorney -in -Fact) Bond No. 71535187
COUNTY OF Palm Beach ss
On this day of fL,q, D before me, a notary public in
and for said County, personally appeared —U WTT.T.TAM PAUL MC DEVI T JR
to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said WILLIAM PAUL MC DEVITT JR
acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said
instrument without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
Royal Palm Beach Florida —,the day and year last above written.
1VI O iO4kWV) swft of MOB n
f Lynne Spotty11114
MY Uam"W"
as
E90" tOHdIZ014 Notary Public
Fo
WEST MARTELLO MEETING ROOM RENOVATION
SECTION 00110
NON -COLLUSION AFFIDAVIT
1, Bryan Wofsev of the city __ of Key West
according to law on my oath, and under penalty of perjury, depose and say that:
I am President
of the firm of Barracuda Builders of Key West, Inc.
the proposer making the Proposal for the project described in the notice for calling for proposals
for.
West Martello Towers - Meeting Room Renovation
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal 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 proposer or with any competitor,
3. Unless otherwise required by law, the prices which have been quoted in this proposal have not
been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior
to proposal opening, directly or indirectly, to any other proposer or to any competitor, and
4. No attempt has been made or will be made by the proposer to induce any other person, partnership
or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and
5. The statements contained . this affidavit are true and correct, and made with full knowledge that
said project
1 May 27, 2014
(Sign a of Pro ser) (Date)
STATE OF: Florida
COUNTY OF: Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being srg by me, (name of individual signing) affixed his/her signature in the space provided above
on this _ day of / 20L
a x7 .,
,,�,�;r' ROBIN R. GEDMIN
My commission expires: ;.�` .Camtsim # EE 046081
Eom Apra 1, 2015
r.�P„ eona.athurroyr�►wMMeooIMou
3/31 /2014 PROPOSAL 00110-7
WEST MARTELLO MEETING ROOM RENOVATION
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Barracuda Builders of Ka West Inc ,.
(Company)
warrants that hefit 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)
Date: May 27, 2014
STATE OF: Florida
COUNTY OF: Monroe
Subscrib , nd sworn to (or affirmed) before me on
by t
S (name of affiant).
or has produce
ioennncanon)
My commission expires:
7
L
NOT Y PUBLIC
(date)
He/She is persodally known to me
as identification. (Type of
ROBIN R. GEDMN
.� Commission # EE 046081
Expires April 1, 2015
R. ft4W TIm, Tmr n:, mm.en NW55.701
010 I /LU 14 PROPOSAL 00110-8
WEST MARTELLO MEETING ROOM RENOVATION
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Barracuda Builders of Key West 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 proposal 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 proposal, 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. .�
Proposers Signature
May 27, 2014
Date
:5/;JI/1U14 PROPOSAL 00110-9
WEST MARTELLO MEETING ROOM RENOVATION
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Name of Proposer/Responder Bamacuda. Builders of Key West, Inc Date: May 27.2014
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? Yes (Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County? Yes
List Address: 5601 3rd Avenue, Key West, FL 33040
Telephone Number: (305) 396-7752
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to
local businesses meeting the criteria above as to licensing and location? Yes
If yes, please provide:
I . Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
5730 2nd Avenue Key West FL 33040 Tel. Number (305) 2964028
�� Print Name: _ �rr&n `W�
Signature and T ie of Authorized Signatory for
Proposer/Responder
STATE OF
COUNTY OF
On thi day of 20 before me, the undersigned notary public, personally appeared h (4.�
kno to me to be the person whose name is subscribed above or who roduced
P
as identification, and acknowledged that he/she is the person who executed the above Local
Print Name
My commission expires:
Seal
ROBIN R. GEDMN
' ; CanmMion # EE WMI
E)#res April TyF& 5
F��WWI.W,W-MlgidedilwgFeh
3/31 /2014 PROPOSAL 00110-10
WEST MARTELLO MEETING ROOM RENOVATION
Division
Subcontractor
HVAC
Sub Zero
Electric
Florida Keys Electric
Windows
Summerland Glass
Roofing
Dan Ace Roofing
Paint
Rudy's Painting
SUBCONTRACTOR LISTING FORM
Contact Person
Ph # Warea code
Fax:
Cell:
Address
Todd Oropeza
(305) 294-9243
(305) 294-1359
(305) 797-1810
6003 Peninsular Ave.
Raymond Vasquez
(305) 296-4028
(305) 296-9283
(305) 797-1794
5730 2nd Avenue
Paul Springer
(305) 304-8323
N/A
(305) 304-8323
1110 Crane Blvd.
Dan Acevedo
(305) 294-2380
(305) 294-8420
(305) 797-8993
571 Park Drive
Rudy Brancel
(305) 395-8795
N/A
(305) 395-8795
403 Whitehead Street
3/31/2014 PROPOSAL 00110-11
WEST MARTELLO MEETING ROOM RENOVATION
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the bidder
+36sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
X
Workers' Compensation
Statutory Limits
Bodily Injury by Accident/Bodily
Injury by Disease, policy
limits/Bodily Injury by Disease
each employee
WC1
Employers Liability
$100,000/$500,000/$100,000
WC2 X
Employers Liability
$500,000/$500,000/$500,000
WC3
Employers Liability
$1,000,000/$1,000,000/$1,000,000
WCUSLH
US Longshoremen &
Same as Employers'
Harbor Workers Act
Liability
WCJA
Federal Jones Act
Same as Employers'
Liability
3/31/2014 PROPOSAL 00110-12
WEST MARTELLO MEETING ROOM RENOVATION
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
• Premises Operations Products and Completed Operations
• Blanket Contractual Personal Injury
• Expanded Definition
of Property Damage
Required Limits:
GL1 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
GL2 X $300,000 per Person; $500,000 per Occurrence
$200,000 Property Damage
or
$500,000 Combined Single Limit
GL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4 $5,000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy,
INSCI LST
3/31 /2014 PROPOSAL 00110-13
WEST MARTELLO MEETING ROOM RENOVATION
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non -owned; and Hired Vehicles
Required Limits:
VL1 $50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
(The use of VL 1 should be limited to special projects that involve
other governmental entities or "Not for Profit" organizations. Risk
Management must approve the use of this form).
VL2 X $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BR 1
Builders'
Limits equal to the
Risk
completed project.
MVC
Motor Truck
Limits equal to the maximum
Cargo
value of any one shipment.
PROI
Professional
$ 300,000 per Occurrence/$ 500,000Agg.
PR02
Liability
$ 500,000 per Occurrence/$1,000,000 Agg.
PR03
$1,000,000 per Occurrence/$2,000,000 Agg.
POLL
Pollution
$ 500,000 per Occurrence/$1,000,000 Agg.
POL2
Liability
$1,000,000 per Occurrence/$2,000,000 Agg.
POL3
$5,000,000 per Occurrence/$10,000,000 Agg.
ED1
Employee
$ 10,000
ED2
Dishonesty
$100,000
GK1
Garage
$ 300,000 ($ 25,000 per Veh)
GK2
Keepers
$ 500,000 ($100,000 per Veh)
GK3
$1,000,000 ($250,000 per Veh)
3/31/2014
PROPOSAL
00110-14
WEST MARTELLO MEETING ROOM RENOVATION
MED 1
Medical
$ 300,000/$ 750,000 Agg.
MED2
Professional
$ 500,000/$ 1,000,000 Agg.
MED3
$1,000,000/$ 3,000,000 Agg.
MED4
$5,000,000/$10,000,000 Agg.
IF
Installation
Maximum value of Equipment
Floater
Installed
VLP 1
Hazardous
$ 300,000 (Requires MCS-90)
VLP2
Cargo
$ 500,000 (Requires MCS-90)
VLP3
Transporter
$1,000,000 (Requires MCS-90)
BLL
Bailee Liab.
Maximum Value of County Property that
will be in the Bailee's posession.
HKL 1
Hangarkeepers
$ 300,000
HKL2
Liability
$ 500,000
HKL3
$ 1,000,000
AIRI
Aircraft
$ 1,000,000
AIR2
Liability
$ 5,000,000
AIR3
$50,000,000
AEO1
Architects Errors
$ 300,000 per Occurrence/$ 500,000 Agg.
AEO2
& Omissions
$ 500,000 per Occurrence/$1,000,000 Agg.
AEO3
$ 1,000,000 per Occurrence/$3,000,000 Agg.
EO1
Engineers Errors
$ 300,000 per Occurrence/$ 500,000 Agg.
EO2
& Omissions
$ 500,000 per Occurrence/$1,000,000 Agg.
EO3
$ 1,000,000 per Occurrence/$3,000,000 Agg.
3131 /2014 PROPOSAL 00110-15
WEST MARTELLO MEETING ROOM RENOVATION
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
General Liability
DEDUCTIBLES
Liability policies are x Occurrence _ Claims Made
Evergreen Insurance
Insurance Agency
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
ram:
.'�Lfrat���'•�trl r'� ut�f �Cd�-��n�. �'
Bidder #tgnature
INSCKLST
3/31 /2014 PROPOSAL 00110-16
WEST MARTELLO MEETING ROOM RENOVATION
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: West Martello Meeting Room Renovation
Key West, Florida
BETWEEN
MONROE COUNTY, FLORIDA
AND
Barracuda Builders of Key West Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC2
3/31 /2014 PROPOSAL 00110-17
WEST MARTELLO MEETING ROOM RENOVATION
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: West Martello Meeting Room Renovation
Key West, Florida
BETWEEN
MONROE COUNTY, FLORIDA
AND
Barracuda Builders of Key West. Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$300,000 per Person
$500,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GL2
3/31/2014 PROPOSAL 00110-18
WEST MARTELLO MEETING ROOM RENOVATION
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: West Martello Meeting Room Renovation
Key West, Fl
BETWEEN
MONROE COUNTY, FLORIDA
AND
Barracuda Builders of Key West Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VL2
3/31/2014 PROPOSAL 00110-19
WEST MARTELLO MEETING ROOM RENOVATION
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
General Liability, including
Premise Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
Statutory Limits
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease Policy Limits
$500,000 Bodily injury by Disease, each employee
$500,000 Combined Single Limit
If split limits are preferred:
$300,000 per Person
$500,000 per Occurrence
$200,000 Property Damage
Vehicle Liability (Owned, non -owned, and hired vehicles) $300,000 Combined Single Limit
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Contractor covenants and agrees that he shall indemnify and hold the COUNTY and the COUNTY'S
elected and appointed officers and employees harmless from liabilities, damages, losses and costs,
recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by
the contractor, including sub -Contractors) in any tier, in the performance of the construction contract.
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 that 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 Consultant shall
indemnify the County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Consultant, the Consultant agrees and warrants that the Consultant shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or
action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for
the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. I fully accept the indemnification and hold harmless as set out on page
00110-12 of this proposal.
3/31 /2014 PROPOSAL 00110-20
WEST MARTELLO MEETING ROOM RENOVATION
PROPOSER Signature
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
cermax-al Liability $1,000 Prq @= Damage
Liability policies are X Occurrence
Insurance
Insurance Agency
Claims Made
END SECTION 00110
3131/2014 PROPOSAL 00110-21
WEST MARTELLO MEETING. ROOM RENOVATION — PROPOSAL,ITEtA 15,,
BARRACUDA BUILDERS OF KEY WEST, INC.
15 — A) List of Entity's Shareholders:
Bryan Wofsey (President) =100% Owner
15-B) List of Officers and Directors:
Bryan Wofsey = President
Bryan Wofsey = Treasurer
15-C) Relevant Experience:
Barracuda Builders of Key West, Inc. was established on January 22"d, 2013.
Projects include 2911 Fogarty Avenue,14 Sapphire Drive, 3720 Duck Avenue,1417 Eliza Street,
Waterfront Brewery,1107 Grinnell Street, 805 Waddell Avenue & West Martello Fence
Replacement.
15-D) Number of Years of Operation:
Barracuda Builders of Key West, Inc. was established on January 22"d, 2013 and have been
operating for over 1-year...
15-E) Questions regarding Claims and Suits:
A) Has the person or entity ever failed to complete work or provide the goods for which it has
contracted? No.
B) 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)? No.
C) 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? No.
D) 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? No.
E) Whether, within the last five (5) years, the Owner, an officer, general partner, controlling
shareholder or major creditor of the person or entity was an officer, general partner,
controlling shareholder or major creditor of any other entity that failed to perform services
or furnish goods similar to those sought in the request for bids? No.
F) Customer references (minimum of three), including name, current address and current
telephone number;
Bill Meyer
Annette Shreck
Mark Bertini
3720 Duck Avenue
2911 Fogarty Avenue
14 Sapphire Drive
(404) 289-5597
(308) 530-2535
(305) 619-5985
Credit References (minimum of three), including name, current address and current
telephone number;
Monroe Concrete PO Box 1149 (305) 296-5606
Manley deBoer 1109 Eaton Street (305) 294-5900
Strunk Ace 1101 Eaton Street (305) 296-9091
G) Financial statements for the prior three years. (Please provide in a separate sealed
envelope for the Contractor's confidentiality.) Please mark the envelope "CONFIDENTIAL".
( "Any financial statement that an agency requires a prospective bidder to submit in order to
prequalify for bidding or for responding to a bid for a road or any other public works project
is exempt from s. 119.07(1) and s.24(a), Art. 1 of the State Constitution.")- See Attachment...
Electronic Articles of Incorporation
For
BARRACUDA BUILDERS OF KEY WEST, NC_
P13000006646
FILED
January s�2�e 013
Sec. OF
jshivers
The undersigned incorporator, for the purpose of forming a Florida
profit corporation, hereby adopts the following Articles of Incorporation:
Article I
The name of the corporation is:
BARRICLTDA BUILDERS OF KEY WEST, NC.
Article II
The principal place of business address:
1304 ANGELA STREET
KEY WEST, FL. US 33040
The mailing address of the corporation is:
13041L\GELA STREET
KEY'W`EST, FL. US 33040
Article III
The purpose for which this corporation is organized is:
ANY AND ALL LAWTUL BUSIN'ESS-.
Article IV
The number of shares the corporation is authorized to issue is:
1
Article V
The name and Florida street address of the registered agent is:
BRYAN R WOFSEY
1304 ANGELA STREET
KEY NEST, FL. 33040
I certify that I am familiar with and accept the responsibilities of
registered agent.
Registered Agent Signature: BRYAN ROBERT WOFSEY
P13000006646
FILED
.Article VI JanuOf Stak2013
Sec.
The name and address of the incorporator is: jshivers
SHEILA DANG
101 N. BR_ IND BLVD.
IOTH FLOOR
GLENDALE, CA 91203
Electronic Signature of Incorporator: SHEILA DAIVG, LEGALZOOM.CON-1, INC.
I am the incorporator submitting these Articles of Incorporation and affirm that the facts stated herein are
true. I am aware that false information submitted in a document to the Department of State constitutes a
third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report
between January- i st and May 1st in the calendar year following formation of this corporation and every
Year thereafter to mauitain "active" status.
Article VII
The initial officer(s) and/or directors) of the corporation is/are:
Title: P, D
BRYAN R WOFSEY
1304 ANGEL A STREET
KEY IkEST. FL. 33040 US
Title: S, T
BRY AN R NVOFSEY
1304 ANGELA STREET
KEi' tAj�ST, FL_ 33040 US
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
;. CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
WOFSEY BRYAN ROBERT
BARRACUDA BUILDERS OF KEY WEST, INC.
PO BOX 5009
KEY WEST FL 33045
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque restaurants,
and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to
serve you better. For information about our services, please log onto
www.myfloridalicense.com. There you can find more information
about our divisions and the regulations that impact you, subscribe
to department newsletters and learn more about the Department`s
initiatives.
(850) 487-1395
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CGC 1521253 ISSUED. 02/1112013
CERTIFIED GENERAL CONTRACTOR
WOFSEY, BRYAN ROBERT
BARRACUDA BUILDERS OF KEY WEST, IN
Our mission at the Department is: License Efficiently, Regulate Fairly_
We constantly strive to sere you better so that you can serve your IS CERTIFIED under the provisions of Ch.489 FS.
customers. Thank you for doing business in Florida, Expiration date : AUG 31, 2014 L130211000WO
and congratulations on your new license!
lx's
The Department of State is leading the commemoration of Florida's 500th anniversary in 2013.
For more information, please go to www.VivaFlorida.org.
DETACH HERE
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
CGC1521253
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2014
WOFSEY, BRYAN ROBERT
BARRACUDA BUILDERS OF KEY WEST, INC.
1304 ANGELA STREET
KEY WEST FL 33040
RICK SCOTT ISSUED_ 02/1112013 SEQ # L1302110000270 KEN LAWSON
GOVERNOR r)ISPI. AY AS REQUIRED BY LAW SECRETARY
2013 / 2014
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2014
RECEIPT# 30140-110014
Business Name: BARRACUDA BUILDERS OF KEY WEST INC
Owner Name: BRYAN ROBERT WOFSEY
Mailing Address:
5601 3RD AVE
KEY WEST, FL 33040
Business Location: 5601 3RD AVE
KEY WEST, FL 33040
Business Phone: 305-396-7752
Business Type: CONTRACTOR (CERTIFIED GENERAL
CONTRACTOR)
Employees 1
STATE LICENSE: CGC1521253
Tax Amount
Transfer Fee
I Sub -Total
Penalty
Prior Years
Collection Cost
Total Paid
20.00
0.00
20.00
1 0.00
1 0.00
0.00
20.00
Paid 123-12-00008217 09/16/2013 20.00
THIS BECOMES A TAX RECEIPT Danise 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
Business Name: BARRACUDA BUILDERS OF KEY WEST INC RECEIPT# 30140-110014
Owner Name: BRYAN ROBERT WOFSEY
Mailing Address:
5601 3RD AVE
KEY WEST, FL 33040
Business Location: 5601 3RD AVE
KEY WEST, FL 33040
Business Phone: 305-396-7752
Business Type: CONTRACTOR (CERTIFIED GENERAL
CONTRACTOR)
Employees 1
STATE LICENSE: CGC1521253
unt
Transfer Fee
Sub -Total
Penalty
Prior Years
Collection Cost
Total Paid
P7720.001
0.00
20.00
0.00
0.00
1 0.00
20.00
Paid 123-12-00008217 09/16/2013 20.00
CITY OF KEY WEST. FLORIDA
Business Tax Receipt
This Document is a business tax receipt
Solder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 3304a (305) 809-3955
Business Name
BARRACUDA BUILDERS
OF KEY WEST Ct1Nbr:0022530
Location Addr
5601 3RD AVE
Lic NBR/Class
14-00027819 CONTRACTOR - CERT GE2MRAL CONTRACTOR
Issue Date:
September 26, 2013
Expiration Date:September 30,
2014
License Fee
$30975
Add. Charges
$0.00
Penalty
$0.00
Total
$309.75
bw CWLKER Types 01
3Draven 1
U<a: 9/30,1354 Receipt m:
i117c�
Comments:
2014 7 i
L
UR Lit; ULCUPATIGNAL ,
ENt z
1i00
This document must be
prominentlyv@played_ 223
;38i.7v
BARRACUETAt4i9t€ tS OF KEY WEM- 75
u at
BARRACUDA BUILDERS OF XEY WEST
5601 3RD AVE
'rans 3at2; ='3M Tice-
13 l'0-53
KEY WEST FL 33040
2012 / 2013
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2013
RECEIPT# 30140-110014
Business Name: BARRACUDA BUILDERS OF KEY WEST INC
Owner Name: BRYAN ROBERT WOFSEY Business Location: 5601 3RD AVE
Mailing Address: 5601 3RD AVE KEY WEST, FL 33040
KEY WEST, FL 33040 Business Phone: 305-396-7752
Business Type: CONTRACTORS (GENERAL CONTRACTOR)
Rooms seats Employees Machines Stalls
1
COMP CARD: CGC1521253
For Vending Business Only
Number of MarhinPs' %/anrlinn Tvno-
Tax Amount
Transfer Fee
Sub -Total
Penalty
Prior Years
Collection Cost
Total Paid
20.001
0.00
1 20.00
0.00
1 0.00
1 0.00
20.00
Paid 108-12-00005283 02/26/2013 20.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Sox 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
This Document is a business tax receipt
Holder must meet all City zoning and use.provisions_
P.O. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name BARRACUDA BUILDERS OF KEY WEST Ct1Nbr:0022530
Location Addr 5601 3RD AVE
Lic NBR/Class 13-00027819 CONTRACTOR - CERT GENERAL CONTRACTOR
issue Date: February 28, 2013 Expiration Date:September 30, 2013
License Fee $180.68
Add. Charges $0.00
Penalty $ 0 .0 0
Total $180.68
Comments:
This document must be prominently displayed.
BARRACUDA BUILDERS OF KEY WEST
BARRACUDA BUILDERS OF KEY WEST
5601 3RD AVE
KEY WEST FL 33040 - _
2013 12014
MIONROE COUNTY BUSINESS TAIL RECEIPT
EXPIRES SEPTEMBER 30, 2014
RECEIPT# 30140-23918
tame;FLORM KEYS BJ9CTRIW
owner Name; VAZQUEZ PAYMOND PRES AND Business Location-. 573E 2NO AVE
Mailing Address: KEY WEST, FL 33M
VAZQUEZ CAROLINE V PRES Business Phone: 305-296-4028
5730 ZND AVE Business Type; CONTRACTOR (ELECTRICAL COffT)
KEY WEST, FL 33040
Employees 25
STATE LICENSE: EC4402558
! Tax Amount Transfer Fee cujl -Tcuj i PenattY Pr or Years i Collection Cost Total Pair!
t 65.ti0 , 4.00; 65,00 � 0.00 0.00 i 0,00 t 65,44
Paid 115-12-00005444 08123/2013 65.00
THIS BECOMES A TAX RECEIPT Danrse D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box ILI", Key West, Fl. 33041 YOU MUST MEET ALL
COUNTY AND/Olk
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P_0. Box 1129, Key West, FL. 33041-1129
EXPIRES SEPTEMBER 30, 2014
Business Name; FLORIDA KEYS ELECTRIC INC RECEIPT# 30140-23918
Business L=tion: 5730 2NQ AVE
owner Name: VAZQUEZ RAYMOND PRES AND KEY Wes, FL 33040
totalling Address: Busing Phone: CONTRACTOR (ELSGTkiCAL GJt T}
VAZQUEZ CAROLINE V PRES Business Type:
5730- 2ND AVE
KEY WEST, FL 33040
Employees 25
STATE LICENSE: ECO002558
• BARBU01 OP ID: AC
CERTIFICATE OF LIABILITY INSURANCE o7ro11r2o�a
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 cartificzlts holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. s SUBROGATION certificate doss not
WAIVED,t earrisr rights to
to o the
to
the terms and conditions of the policy, certain policies may require an andorsemenL A statement on this
certMcate holder In lieu of such endorawnent(sli.
Evergreen Insurance Agency
FRoo�uMR ; 561-96"885
583rTOsth Insurance
vsnus N Aawcy W@ 22 561 B-8883
Royal Palm Beach, h 33411 Amass: angelaaeve greenins.net
AFFORDING CO%%RAGE NAIC s
-INSURER A: Mid -Continent Oro U 23418
eauRro Barracuda Builders of Key INSURER s : Fla. Citrus, Bus. 3 Industries
West, Inc. ,NsuRERc:Ohio Securi Insurance Co.
5601 3rd Ave. INsIetERO:
Key West, FL 33040 axe
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 5=14 Iswcu I rnr= nw�r.r...----- •----- - --
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. LIMITS
TYPE OF INSURANCE POLICY NUMBER M 1.0w c
EACH OCCURRENCE S
GENERAL LIABIJTY 100'(
A X COMMERCIAL GENERAL LIABILITY X 04GL000885349 02=2814 0210412015 PR a ccurren 9
MED ENP (Any one ra0n► S EXCLUD
CLAIMS -MADE a OCCUR 090CnNAL L ADV INJURY S 1,000,(
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AUTOMOBILE LIABILITY
C MEXCESSUAB
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SCHEDULED
BODILY INJURY (Per accident S
X NON OWNED AGF
P R ACCI NT S
X AUTOS S
EACH OCCURRENCE $
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rWOMERS COMPENSATION 500,0
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ANY PROPRIETORIPARTNEROCCUTIVE ❑N NIA E.L. DISEASE- EA EMPLOYEE $ 500,0
OFFICERIMEN6EFZ D CLUOED7 nnn nnn
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project: Meeting Room at West Martello Tower- Project ard of ty00
Atlantic Avenue, Key West, FL 33040. Monroe County ow
NT
Commissioners, itsemplotyheees and officials are included as additional
insured in 0 days notice ftcaacellatlann shallibe g ve and auto liability.V—wl
-- Monroe County Board of County MONCO03alloul.D ANY OF THE ABOVE oEscaeltEo POLICIES BE cANctO.Leo BEFORE
Commissioners THE EIfPIiATIoN DATE THEREOF, NOTICE WILL SE DELIVERED IN
500 miss overhitehead Street ACCORDANCE WITH THE POLICY PROVISIONS,
Key West, FL 33040 AUTHORIZEDREPRESENTAWE
®1988-2010 ACORD CORPORATION. Al! tights reserved•
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
BARBU01 OP 1D: MCMI
CERTIFICATE OF LIABILITY INSURANCE
Dal M1D 6"'
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: It the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 endorsements .
PaooucEa
Evergreen Insurance Agency
683105th Avenue N Ste 2
Royal Palm Beach, OL 33411
CONTNAB John Watson
PHONE 581-966-8883 arc Na:551-864-8885
IL s;
INSURE 8 AFFORDING COVERAGE
NAIC N
INSURER A: Evanston Insurance Company
INSURED Barracuda Builders of Key
INSURER 0: Ohio Securi Insurance Co.
West, Inc.
5601 3rd Avenue
INSURER C : FUBA
Key West, FL 33040
INSURER D :
INSURER E
INSURER F :
nnvPPAP.FS CFRTIPFCATF NFIMRFR- REVIRION NUMRF=R!
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.
TR
TYPE OF INSURANCE
POLICY NUMBER
M
MMID YY
LMIT$
A
X
COMMERCIALGENERAL LIABILITY
EACH OCCURRENCE
S 1,000,00
CLMMS-MADE ❑X OCCUR
X
LB40061
0210412016
02/04/2017
PREMISES ,pence
s 100,00
MED EXP (Any one person)
S 5,00
PERSONAL A ADV INJURY
S 1,000,00
GEN'LAGGREGATE UMIT APPLIES PER:
GENERAL AGGREGATE
S 2,000,00
POLICY DjEECT LOC
PRODUCTS-COMPIOPAGG
f 1,000,00
s
OTHER:
AUTOMOBILE LIABILITY
M N DISING UMI
S 1.000.000
B
ANY AUTO
X
BAS(16)56084287
0413012015
W3012016
BODILY INJURY (Per person)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per aoddenl)
f
Paracadard
f
HIREDAUTOS AUTOS
f
UMBRELLA L"
OCCUR
EACH OCCURRENCE
S
AGGREGATE
S
EXCESSLUVS
CLAIMS -MADE
OED I I RETENTION f
S
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORMARTHERIEXECUTIVE YIN
OFFICERAIEMBER EXCLUDED?
(Mandatory InNH)
N I A
10651539
0312512016
03/26/2017
ER OTH.
„;aTATUTE _._._ .€R..__
E.L. EACH ACCIDENT
..._—
s 1,000,00
E.L. DISEASE -EA EMPLOYEE
S 1,000,00
I yes, describe under
DESCRIPTION OF OPERATIONS below
E.L DISEASE -POLICY LIMIT
S 11000,00
I
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S
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (AGGRO 1,1, Addltlaml Remarks Schedule, may he attached I man space Is required)
RE: East Martello Museum ADA Upgrades r
The Monroe County Board of County Commissioners, its employees and officials
listed as additional insured with respect to general liability and auto A MEW
liability. 30 days notice of cancellation shall be givenl10 days for BY
nonpayment.
CERTIFICATE HOLDER CANCELLATION
Monroe CountyBoard of County MONCO03
tY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Commissioners
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
500 Whitehead Street
ACCORDANCE WITH THE POLICY PROVISIONS.
Key West, FL 33040
AUTHORIZED REPRESENTATIVE
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