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10/21/2015 Agreement
1 �l `'+ �5 � �t._ f ,.. t . , s4 -0,..-1 ,,,,, ;,,,,,F* * %,--c-4 Mg,,- ` jj / -i 9 CPA r-'''4. :::' --'A 1,4;2-- c. ':'•'-1,A L:A ,, ... CLERK OF CIRCUIT COURT & COMPTROLLER `� ; 1 ,tk ,C MONROE COUNTY,FLORIDA -,.% iFLO> ►lie e DATE: December 4, 2015 TO: David Bensley Project Management ATTN: Ann Riger FROM: Amy Heavilin, -' ).sudsy Clerk of the Circuit Court At the October 21, 2015, Board of County Commissioner's meeting the Board granted approval and execution of the following Item C49 Kenmar General Contracting, LLC for the Gato Building painting and repairs, funded through both ad valorem and the one-cent infrastructure tax. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. cc: County Attorney Finance File V 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 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED.SUM AGREEMENT .,Made asofthe Twenty First Day of October Two Thousand and Fifteen. .;: BETWEEN the Owner y Monroe County Board of County Commissioners 500Whitehead St. =;ti. ;,:,:, Key West, Florida 33040 :.sAndthe'Contractor: KENMAR General Contracting, LLC 923 White St. Key West, Florida 33040 For thefollowing Project: GATO-BUILDING EXTERIOR PAINTING Scope of the Work 1. Project Overview project:, includes:..theL;cleaning and painting -of all exterior concrete surfaces, f including trim;:cornices,' Simonton'Street porch, the secondary generator building, sign ::,base,=5 fiag.'pole base,rand ,all•;white fence columns but excluding the pre-finished 'i4J caluminum.windows, doors, and black fence. The contractor will make repairs to the r..-porch r-concrete on-Simonton::Street to ensure proper slope away from front door for { ,y : ;edrainage as:detailed .inathe-,drawings. Porch repairs include chipping and patching of ., approxiMately 5 square:feetof:spalled concrete on Simonton street porch columns. Cleaning,shall•include°but•not be'limited to removal or covering of exterior electrical and ;� plumbing,fixtures_and ,signs;apower washing exterior surface, removal of old caulking and:replace with new400%silicone caulking around doors and windows. Paint to match existing(colors and,trim„using'one.finish coat of S-W-A 100 Gloss Latex House &Trim, =ni , .:`A8 series:where old paint.remains-and a minimum of one coat of Loxon Exterior Acrylic : uLMasonary=primer and one,coatof S-W-A 100 Gloss Latex House & Trim, A8 series ;where.,old:.paint has.been removed. Finish paint coat should bridge cracks and minor , :gapsIin}the building exterior:-:The work will also include installation of two ADA compliant Frautomatic=door openers:and:.associated electrical connection on the south east parking lot entrance doors. The project.intent and scope of work is to: . 1 Pressure.Wash Building including windows and window frames.. Remove Old Caulking and provide new caulk around doors and windows. ; -3 Provide:,primer and one coat of finish where old paint has been removed AGREEMENT Page 1 of 48 and a single coat of finish where existing paint remains. 4. Match existing colors and trim. 5. Remove wildlife. , 6. Contractor cannot obstruct building operations. r .• ; 7: Protect.landscaping, adjacent surfaces, sidewalks, cars, lamps etc. 8. Provide City and HARC permitting. , 9. Clean and paint wall around dumpster corral. 10. Clean and Paint Generator Building. 11. Clean and paint white fence columns. ' 12-. Cover all, windows, wall mounted light fixtures during painting and washing. 13. Keep work areas clean and neat. ' 14. Provide,barricades to prevent public/employees from traversing areas receiving work, wet paint signs. 15 Contractor to provide written schedule for all phases of the work. 16. - Contractorto provide submittals on all materials and receive approval before application. 2. General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, ,rtransportation, surveying,;layout;„and protection for the proper execution and completion oftiall'the'woriCiMactordance!_wittuthe Contract Documents. The Work shall include but that shown on the Drawings and detailed in the Technical - - Specifications if any included in this Contract. Tc,E- 3. General Requirements -A-. Construction work times shall be limited to: 8:00 a.m. to 7:00 p.m. Mon.-Fri. Contractortneeds,tp,be aware of weather and location and plan accordingly. C Contractor needs,to be,aware of the facility, its vendors and staff with unusual schedules and plan accordingly. Coordination of each days works shall be done in advance with-approval from County. All spaces interior and exterior shall be cleaned and returned to normal work period/day. D. The Scope of Work-shall include, but not be limited to, all work shown and listed in the Project Drawings The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, - tools,- equipmenti.supplies, and any other means of construction necessary or „„- proper for, performing,.and completing the Scope of Work, unless -otherwise , specifically stated. The contractor will be'responsible to obtain all additional necessary permits and 'approvals,.-.„including _ the: Key West Historic Architectural Review Committee(HARC), City:of Key West Building Dept., Fire Marshall„ any other permitting or regulatory agencies as applicable AGREEMENT Page 2 of 48 E. SPECIAL PROVISIONS , . The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified „ • - location, shall be procured and maintained by the contractor,and his - • subcontractors.-- Contractor shall submit copies to Project Management prior to notice to proceed. Contractor's license shall accompany proposal. 2. Provide, replace, and maintain any safety rails and barricades as • • necessary during the process of work, or during deliveries of materials or equipment. 3. Contractor is A° review Division 1 General Requirements for additional , responsibilities required in order to perform this Work. 4. -If in the event of conflicting, or overlapping requirements in any area of the • , , proposal documents, technical specifications, or drawings, the most • _ , stringent condition shall be proposed and constructed. Notify Project • Managementin any event, in order to not compromise the Owner's right to make appropriate decisions. 5. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 6., The Contractor shall not store materials, tools or debris inside the building • with out written rpermission, Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. 7. The-Contractor shall coordinate with Owner's representative on available - - hours.for Job Site access. Job site will have limited 8:00 AM -7:00PM • ,, work hours. ,- Contractor will need to schedule work shifts typically from 900 AM- 5:00PM'weekly. Any change to agreed upon schedule must be obtained in writing with a minimum of 72 hrs advanced notice. = 8. Coordination of each days works shall be done in advance with approval „ - from County. All spaces interior and exterior shall be cleaned and returned to normal each work period. 9. ADDITIONAL SPECIAL PROVISIONS SUCH AS ALTERNATES OR DELETE AGREEMENT -, • - Page 3 of 48 • 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 irsupersedes4rior negotiations, representations or agreements, either written or oral. An A,:enumeration of.the Contract Documents, other than Modifications, appears in Article 9. In the event of adiscrepancy 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 extentspecifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 Date of Commencement and Substantial Completion • TheAate-,of commencement is the date to be fixed in a notice to proceed issued by the Owner. The,,Contractor shalt achieve Substantial Completion of the entire Work not later than Ninety. 190)„-calendardaysTafter thedate a-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 shallbe.the calendar date or dates listed in the milestone schedule. ::,,:irtiquidatect.damagesmill'be bated.,on the Substantial Completion Date for all work, modified by , all approved extensions_in time.aS set forth by the Director of Project Management's signature - of approval-on the Certificate of Substantial Completion. The liquidated damages table below -shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY& • CONTRACT AMOUNT L 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 -_ $50.00/Day $100.00/Day $250.00/Day .C150;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 ,.7.$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 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Sixty-Eight Thousand Nine Hundred Fifty-One rand-00/100 Dollars ($168,951.00), subject to additions and deductions as provided in the Contract Documents. AGREEMENT Page 4 of 48 - 4.2 :The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternate# 1: No Alternates Specified /100 , (Cost in words) Dollars($ 4.3 Unit prices, if any, are as follows: Unit Price per Cubic Foot of spelling repair. ,One Thousand Seventy Four and 75/100 dollars per Cubic Foot (Cost in words) $1,074.75/Cu.Ft. (Cost in Numbers) Unit Price per Linear Foot for Cementitous Mortor: Eight dollars per Linear Foot (Cost in words) $1_3.00/LF •(Cost in in Numbers) Unit Price per Linear Foot for Epoxy: Twelve Dollars per Linear Foot (Cost in words) • - $12.00/LF (Cost in numbers) ARTICLE 5 Progress Payments --, :uc :- 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 71 ',-ManagemenLand :Architect-the Owner shall make progress payments on account of the Sum tathemotitractoras-provided below and elsewhere in the Contract Documents. 5 2 The period covered by eachi Application for payment shall be one calendar month ending on the last day of the month, or as follows: , - Payment_will be made by the Owner in accordance with the Florida Local GovernMent Prompt Payment Act, section 218.735, Florida Statutes. AGREEMENT - , Page.5 of 48 t y • 5:4 ` :Each Application forPayment 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,.shalLbe used as a basis for reviewing the Contractor's Applications for Payment. • ,__ 55 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. 56 Subject.to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 0:c ;".„:5.6:'t: .Take that :portion .of the- Contract Sum properly allocable to completed Work as :determined bymulti 1. in the. ercenta a completion of eachportion of the Work bythe-share PY g P g p of-the total Contract Sum'allocatedto that portion of the Work in the Schedule of Values, less •t.retainage„of-Ten Percent.10%.•-Pending final determination of cost to the owner of changes in , Ahe•Work,amounts:::not'in:,dispute:°may be included in Applications for Payment. The amount of }_ :_creditcto,be allowed by:the-Contractor to the Owner for a deletion or change which results in a • netdecrease-in.#he,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 :Projects 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 Y Add that_portion of.the-Contract Sum properly allocable to materials and equipment delivered,r;andsuitablyt-,stored at,the site for subsequent incorporation in the completed •constructionr.(or, if-approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5:6.3-- Subtract.the aggregate of previous payments made by the Owner; and :. '5:6 4 Subtract:amounts;if any;;for.-,which the Director of Project Management has withheld or , nullified a.Certificate,forPayment as provided in Paragraph 9.5 of the General Conditions. <. r'x• _:5.7 RetainageCofi_10%`will be'ccwithheld 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 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 Pinal•payment, constituting-the-entire unpaid balance of the Contract Sum, shall be made by the -: -,,,Owner,to:thes-.Contractor.-when (.11._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 AGREEMENT Page 6 of 48 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) Final Release of Lien _ (7) Contractor-shall provide two (2) hard copies in tabulated divided binders and } one.(1): saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format•delivered.on a downloadable CD/DVD.of all the following but not limited to: A .Project Record Documents(As Built Documents). B.-Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals .f= t5-. :_ Gi Evidence,of payment and final release of liens and consent of surety to final _c fi 1 Teleasez(includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions • :.,n 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 :.Ter orarye facilities and services: As described in Article 34 of the General Conditions p 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an;annual appropriation by the Board of County Commissioners. 7.5 : A,person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or - . services to a public entity, may not submit a proposal on a contract with a public entity for the • construction or repairof 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, AGREEMENT Page 7 of 48 . . ) 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, forCATEGORYIWO for a period of 36 months from the date of being placed on the convicted vendor list • 7.6 The following items are included in this contract: - • _ : ••: 12a) Contractor shall,maintain, all books, records, and documents directly pertinent to - • •-::--performanwunder this Agreement in accordance with generally accepted accounting principles conaistentIT,appliedEach, party;to :this Agreement or their authorized representatives shall •• •• • • haVe;reasonable-and,timelyaccess to such records of each other party to this Agreement for :- . ...-ipublic:recordsJpurposesAuring:the term of the Agreement and for four years following the •:,termination.oflhisAgreement ; If an auditor employed by the County or Clerk determines that ( monies paid to iContractor pursuant to this Agreement were spent for purposes not authorized byAhisAgreement-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. reia,ftn. t..b)5:Governin.gilawii-Venue,interpretation, Costs, and.Fees: This Agreement shall be • ;.':.0...,AovernedibTantrconstnied,:irraccordance with the laws of the State of Florida applicable to contractsmadeand to be performed entirely in the State. In the event that any cause of action )T : rnoradministrative:proceeding:tsyinstituted for the enforcement or interpretation of this Agreement, ,,thewtounty,andeContractorilagreeJhat venue shall lie in the appropriate court or before the Count,, 1--'k-•:(,-io',:appropriateadministrative body in Monroe County, Florida. The Parties waive their rights to trial . f.,,v•byjury.,7The:-,•County-andContractoragree that, in'the event of conflicting interpretations of the Oraiterm ofAhitAgreement by or between any of them the issue shall be submitted to they ac:!,p-••ini$trzmediatibn:Jpriprclo.lhe.-Institution:rofiany other administrative or legal proceeding, pursuant to Section XVI of this agreement. co-_,,,,c),xSeVerability:&-ifrany term,pcovenant, condition or provision of this Agreement (or the ' • thereofctolany-dircumstance or person) shall be declared invalid or unenforceable to • -- - Lt•Dr;•,, ri,r,Iniany,;extent,by,aEcourt Of competent jurisdiction, the remaining terms, covenants, conditions and . 1 -c,,,-:-: •,,provisiona-ofithis 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 •-nf rextent-dermitted±ydaw-,unless the.;:enforcement of the remaining terms, covenants, conditions :4-,crrnand-provisionsof thia.Agreementwould 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. Attorney's Fees.and Costa. The County and Contractor agree that in the event any -•'•Z• -,:.cautemfaCtionor adrninistrative,proceeding is initiated or defended by any party relative to the" enforderneriL or interpretation .of this Agreement, the prevailing party shall be entitled to reasonableTattorney's,fees and court costs as an award against the non-prevailing party, and shaltinclude attomey's fees and courts costs in appellate proceedings. ela:Binding,2.Effect The terms, covenants, conditions,:and provisions of this:Agreement thall-bind. and inure to--the benefit:of the County and Contractor and their respective legal representatives, successors, and assigns. . • • •:-f:,:Authority.'. Each 'pa ',represents and warrants to the other that: thern execution, -- delivery.and:performance of this Agreement have been duly authorized by all necessary County ' •'•••• : andcorporateaction, às'required.byIaw. Each party agrees that it has had ample opportunity to --AGREEMENT : . • ••-•• Page „ . Y j 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 anddisagrêements 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 w.. ._.: either party. relating to the formation, execution, performance, or breach of this Agreement, ,Countyi•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. 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 ithat discrimination has occurred, this Agreement automatically terminates r r: 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 Iv :• t : ,,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 ,. r 't. national,:origin; 2).Title lXof 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 <. c. ;.Rehabilitation Act of.1970 (PL.:91-6.16), as amended, relating to nondiscrimination on the basis rot 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 patient- records; 8) Title.,VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,.relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of1990(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. . . . AGREEMENT Page 9 of 48 = I)_;,_Code"Of Ethics. ,County agrees that officers and employees of the.County recognize _ and will;berequired 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 l =..acceptance-of gifts;;doing:business with one's agency; unauthorized compensation; misuse-of • _, ublic osition,. conflicting employment or contractual relationship; and .disclosure or use of .., . ,. . ,.P certain information. .m) •No�:Solicitation/Payment. The County and Contractor warrant that, in respect to itself, ithas neither'employed nor::.retain ed.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 ..:contin9ent_'upon:or resulting from the award or making of this Agreement. For the breach or violation of the:provision,Ahe'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. aPublicAccess ,The County and Contractor shall allow and permit reasonable access -;to,sand=inspection,of-.all:documents; papers, letters or other materials in its possession or under control subject to.the.provisions of Chapter 119, Florida Statutes,and made or received by .theCounty and<Contractorin:conjunction with this Agreement; and the County shall have theL,- ci right lo unilaterally -cancelAhisc.Agreement upon violation of this provision by' Contractor. Contractor is required to: . ,-:(1)0 Keep'and:;maintain:public records that ordinarily and necessarily would be required by the public agency in order to perform the service. �,;• {}4 ,LL ap (:; (2) :Provide-the.public-with'access to public records on the same terms-and conditions • nthat-the-publicagency:would,provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c:- ) +:(3)c,:=Ensure•that public-records that are exempt or confidential and exempt from:public = .r recordscdisclosure requirements are not disclosed except as authorized by law. : ,(4) . Meets 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:destrowany duplicate public records that are exempt or confidential and =43 -s =..-exempt.:from ypublic_recordsgdisclosure requirements. All records stored electronically mustbe•provided-to!the_public agency in a format that is compatible with the information technology systems of the public agency. Non=Waiver of..immunity.', Notwithstanding the provisions of Sec. 768.28, Florida Statutes,::the participation:°of•-the_:Contractor and the County in this Agreement and the acquisition of:any commercialrliability insurance coverage, self-insurance coverage, or local c=.-govemment liability:insurance pool coverage shall not be deemed a waiver of immunity to the extent:-of,liability..coverage, noreshall.any contract entered into by the County be required to - contain any provision for waiver. € - Privilege's and.,Immunities. All of the privileges and immunities_ from 'liability, ;exemptions :from; laws, 'ordinances,-end rules and pensions and relief, disability, workers' ;:icompensation, 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 'thisAgreement=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. ' AGREEMENT - Page 10 of 48 , . Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Dutis -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 performancemay 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. - Non-Reliance by-NonParties. No person ot entity shall be entitled to rely upon the Aerms;orany,of them;-of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to-or benefitof any service or program contemplated hereunder, and the County and the,FContractor,agree.-Jhat neither the County nor the Contractor or any agent, :officer,'officer,' or : employee of teithershalLhava tha-authority to inform, counsel, or otherwise indicate that any individual;or group-ofindividuals, entity or entities, have entitlements or benefits under this Agreement separatetandapart,,,,inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contrectoragrees to execute such documents as the County may a' n!. &seasonably-se-quire, :to include a:-Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Cr i:OntY,No Persbnal tiabilityNo,covenant or agreement contained herein shall be deemed be)wcoyenant or agreementofeny member, officer, agent or employee of Monroe County in rIbe!- hisrorcherindh.fidual:Ictipacity, ending member, officer, agent or employee of Monroe.County shallebe pliable personally lonAllis:-Agreement or be subject to any personal liability- or en accountability by reason of the execution of this Agreement. • 'hs r2u)e:Execution in,Counterparts. This Agreement may be executed in any nunnber,of • -cg-4ounterpatts, each--,otwhichshakbesegarded as an original, all of which taken together shall z constituteone-and the same:instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Hold Harmless ,andAndemnification'. Notwithstanding any minimum insurance Isequirements,'prescribed-slsewhere this agreement, Contractor shall defend, indemnify and the:COUNMand-theCOUNTY's elected and appointed officers and employees harmless from,and;againSt-(i) anw:claims,,attions or causes of action, (ii) any litigation, administrative appellate,„proceedings, or other proceedings relating to any type of injury :.,(inCludinw-death), loas, damage,fine; penalty or business interruption, and (iii) any costs or expenses that cmayte-taiserted-aagainst, initiated with respect to, or sustained by, any indemnified party byseason ofi-orincconnection with, (A) any activity of Contractor or any of its -2, Ir :employees; agents,:.contractors:orother invitees during the term of this Agreement, (B) the negligence:or,recklessness, intentional wrongful misconduct, errors or other wrongful act. or• rnission,of;Contractor Oranyonts'ernployees, agents, sub-contractors or other invitees, or(C) ih:ContraCtoria defaultinsespecttkany.of the obligations that it undertakes under the terms of this :z-..,Agreementr,except,to-,the,extent:the-.claims, actions, causes of action, litigation, proCeedings, costs-or expenses arise from:the intentional or sole negligent acts or omissions of the COUNTY of-any-of-AS-eMployees,-agents, contractors or invitees (other than Contractor). Insofar as the claims actions,‘:causes',of action,-,_litigation, proceedings, costs or expenses relate to events or . circumstances that occur:,during the term of this Agreement, this section will survive the expiration of thaterrn-of this Agreement or any earlier termination of this Agreement. •, AGREEMENT. ;:4 -7=4: .= Page'11 of 48 In the event that the_completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shalt-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 len dollars ($10.00) of.remuneration paid to the Contractor is for the indemnification provided for the above. iwy :-Section Headings.. Section headings have been inserted in this Agreement as a :,; (itirnafterof-convenience,of reference only, and it is agreed that such section headings are not a ffpart,mf,,,this Agreement and will not be used in the interpretation of any provision of this Agreement. 1.r-;X)C:Disadvantaged.Business Enterprise (DBE) Policy and Obligation. It is the policy of 2 . ,Ahe:County that DBE'sitas:defined in C.F.R. Part 26, as amended, shall have the opportunity to c.participatein the performance,of contracts financed in whole or in part with County funds under `:,rthis;-,agreement. The DBE requirements of applicable federal and state laws and regulations ..C3'Lir applyto'thisrAgreement:The,iCounty and its Contractor agree to ensure that DBE's have the L ,,i...opportunity:topprtidipate,in..,the,performance of the Agreement. In this regard, all recipients and 1-.;:Contractorsshall take all necessary and reasonable steps in accordance with applicable federal r;F: E.: rand state-Jaws and regulations-10:ensure that DBE's have the opportunity to compete and an:J. t,--;.)::L-:,...:perform'contracts'. The County and.Contractor and subcontractors shall not discriminate on the colorrnational roriginor sex in award and performance of contracts; entered •F-, 1,: t pursuant to this Agreement. •!- .; soyAgreements withSubcontractors. In the event that the Contractor subcontracts anyor •:::;',-:,11c,alt-of;the:Workiin,,this•projectioAnythird 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 cC subcontractors shall include the COUNTY as additional insured. .;:zyFlorida Green:Building;,Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. ::TSpeciatConditions; itany ate detailed in Section 00990 of the Project Manual for this Project. ARTICLE 8 Termination or Suspension -Jhe 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: (Insert information here). AGREEMENT - Page 12 of 48 a) Drawings: AO, A1.0, A1.1, A1.2, A1.3, A2.0 b)Project Manual: July 2015 .9:1.1 The Agreement is:this executed Standard Form of Agreement Between Owner and Contractor. t.. 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: 9.1.4 The Addenda, if any, are as follows: . Number Date Page 1 8/18/2015 5 2 9/10/2015 5 9.1.5 The Alternates, if any, are as follows: Alternate No. 1: No Alternates END ALTERNATES MThis7Agreement1v entered into as,of the day and year first written above and is executed in at leastfour original copies of which one is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK , SIGNATURE PAGE TO FOLLOW AGREEMENT Page 13 of 48 . , .: -,-. -WO,%.2Y---4,,_,?•0'...._,. by the Contractor must be by a person with authority to bind the entity. RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.. ...0,1,„ BOARD OF COUNTY COMMISSIONERS 7 :lor.."..: 1 .., _ , -,:,--LT ... ...,i.tz,:-:44, 7. 4..,- :Heavilin,,Clerk: : OF MONROE COUNTY,FLORIDA • . : , ',„ ,, ,-. : • .__A-._ __.... _ 111. 46. By Deputy Clerk Ma Ch i an Date t8ii-94/913S (SEAL). CONTRACTOR KENMAR GENERAL CONTRACTING,LLC Attest: By; By: 1 N. I ., ;•,Print Narne: Print Name: ,-. • / ':,i;',• Title: The: /LI L-1 1,,Le AA-1 • Date: Date: I And: MONROE country ATTORNEY APP OVED AS TO FORM Print Name . r , HR1:,tuNTy Title: i:-..zist. Dare: ' --'- ASS1T 0ASTTIO0RNEy Date: I v 5 ., . . . STATE OF FLORIDA COUNTY OF iikift tr.4-<-, day,of ,pc..1-ob-ef-,- , , ef me ,the undersigned notary public, personally -P.J.,...-.,..;'1-,kknown to me o be the person whose name is subscribed - cabove:or,who produced ;,,-...;. .- r - ,'. s-identification, and acknowledged that he/she is the personcwho,-executed 1.:the: above f-contract with Monroe County for GATO BUILDING EXTERIOR PAINTING&REPAIRS for the purposes therein contained. -'441A-L,11i -r-,--d-g--- Notary Pulalic, .4011t11111111/1/404,. ---( 1..e_ -es 64- ,e-a•-er--- w sA g.tr-44. 4000 Print Name My-,:comrnission expires: (si._//:3 490' (r- i\Ni:...M..y.60C°oitcelim-rimA32,0RE27x07p.1916rie.<(\.s1:-....., la'. %. • • .., •;.--' ominnimmo ... . , ...,... ........ _ ._ ........„ , AGREEMENT . • -- • -::::-;.,:•,-.,' ', -'-:<..:.': .1;.',. .• - • - Page 14:of 48 ' :. -','-=;-•.-= - . • . -.. , . ,. . • . . 1 General Conditions of the Contract for Construction Where Project Management is Not a Constructor Table of Articles 1. General Provisions 2. Owner 3. Contractor 2 4. Administration of the Contract 5. Subcontractors ,.. a 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10.Protection of Persons and Property 11.Insurance and Bonds 12.Uncovering and Correction of Work 13.Miscellaneous Provisions .,, 42_ 14.Termination or Suspension of the Contract 4, ,€;^r t"a • GENERAL CONDITIONS .. Page 15 of 48 . GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions •i.; 1.1.1 • The Contract Documents: . The Contract Documents consist of the Agreement Owner and Contractor Conditions of the Contract (General, Supplementary and other Conditions);...Drawings; Specifications, addenda issued prior to execution of the Contract, 1,:lOwners proposal documents, other,documents listed in the Agreement and Modifications issued •:. ' -r.,:.-,.after,execution,Of the:Contract; and the Contractor's proposal and supporting documentation. A ModificatiorvisT1) a written amendment to the Contract signed by both parties, (2) a Change • , Order,(3)a Construction.,Changenirective or(4)a written order for a minor change in the Work issued by Project Management ▪ The ContractLEThe,Contract,represents the entire and integrated agreement between :theiparties. hereto .andEsupersedes prior negotiations, representations or agreements, either vvritten-or,::.oral....1-he'Conttact may or modified only by a Modification. The Contract Documents shall not be7cOnstruedlo create a contractual relationship of any kind (1-) between -,,the-Architettrand Contractor, (2) between Project Management and Contractor, (3) between the ,,;,-r-ArchitecLand.Project.:Managementi.(4) between the Owner and a Subcontractor or(5) between .pergons-orentitie.s otherthan the Owner and Contractor. The Owner shall, however, be • -toenforce 4heobligations' under the Contract intended to facilitate performance of the • duties of Project Management and Architect. 0 ,*, 1▪1%.37.'"'The Work::Aki,! Thelertri':'WOrk" means the construction and services required by the Contract Documents; whether completed or partially completed, and includes all other labor, •• " • ormaterials;- equipment and services provided or to be provided by the Contractor to fulfill the Contractor'srobligations:The Work may constitute the whole or a part of the Project 1▪1 4 The Project ;-.ThaiProjectisthe total construction of which the Work performed under . pae-t Ahe,Contract,•Documentsrmawbe-the whole or a part and which may include construction by oher Contractorsand bylhe,,Owners own forces including persons or entities under separate contracts not administered by Project Management. Drawings: The Drawings are the graphic and pictorial portions of the Contract Documentswherever lOcated-: and..whenever issued, showing the design, location and dimensions of theWork,•.generally•-including plans, elevations, sections, details, schedules and diagrams. 1.1..5,c.The SpecificationStfT.he4Specifications are that portion of the Contract Documents ... r:consistingof_thewritten requirements-for materials, equipment, construction systems, standards and.workmanship for the Work, and performance of related services. ,.The,Project Manual: ThetPrOject Manual is the volume usually assembled for the Work fwhich -May. include'the;proposal requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent ▪ Execution,of the'Contract by the Contractor is a representation that the Contractor has • . -. isitedithe:site, become familiar-with local conditions under which the Work is to be performed and correlated,personal,observations with requirements of the Contract Documents. . GENERAL CONDITIONSc,•,';,--:_-, • '.Page 16 of 48. • , . . .. . . 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; <performancer 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. _ A.2.4,:Organization of the-Specifications into divisions, sections and articles, and arrangement of:Drawings=shallnot 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 j. ,-vindicated 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 ;,;The$=Drawing;.Specifications and other documents prepared by the Architect are ',instruments:of;the:Architeds,_service through which the Work to be executed by the Contractor r-leslescribed The Contractor may retain one contract record set. Neither the Contractor nor �- :. r any,7Subcontractor;,-Sub-subcontractor or material or equipment supplier shall own or claim a ;.s copyright m vthe Drawings ,-Specifications and other documents prepared by the Architect. All :copies of them, ëxceptthe Contractor's record set, shall be returned or suitably accounted for to t: :Project Management; on..request;':upon completion of the Work. The Drawings, Specifications • r * and-other'documents prepared by::the Architect, and copies thereof furnished to the Contractor, n are;for usersolelylwith respect-to°the Project. They are not to be used by the Contractor or any ,:! 1'.1: :r . =Subcoptractor 3Sub=subcontractor_or material or equipment suppliers unless they are granted a ct.s` 'r aimited license-:to•,use,and;.reproduce applicable portions of the Drawings, Specifications and t<other:documents`sprepared by the Architect appropriate to and for use in the execution of their ;, al.Workainder the Contract.:Documents. All copies made under this license shall bear the statutory,copyrightnotice, if any;•ahown on theDrawings, Specifications and other documents -J• :: prepared by the.-Architect.:y:Submittal or distribution to meet official regulatory requirements or t forother purposes in= connection-,with this Project is not to be construed as publication in derogation of copyright or other reserved rights : Unless:;otherwise^provided inahe Contract Documents, the Contractor will be furnished, .;two:(2) original sealerdcopies:and one (1) electronic copy of Drawings, Specifications and the ', ,{,:Project:Manual freeof•charge,for he_execution of the Work. Additional copies may be obtained ;:from°:ProjecttiManagementat,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 1:41 Terms'capitalized m :these:.General Conditions include those which are (1) specifically .defined; (2).: theotitles of tnumbered articles and identified - references to Paragraphs,,• - - S;ubparagraphs and:Clauses in::the:document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation • GENERAL CONDITIONS r, .; '" Page 17 of 48 1.5.1.,::lrn the interest of brevity the Contract Documents frequently omit modifying words such as-"all" and any and articles;such,as tithe" 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. 2.0 OWNER 2.1 Definition Y,< 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 ;2s2 2._; T;he >owner shall'furnish ,initial site surveys describing physical characteristics, legal *imitations-:and utility locations for the site of the Project, and a legal description of the site: { 2:2.3 ;;For.a'existing-facilities the.:Owner shall secure and pay for necessary approvals, E. easements;- assessments ,ands charges, required for construction, use or occupancy of 6npermanent,structures or for permanent changes in existing facilities except for permits and fees which! are ithe;:responsibility: of the Contractor under the Contract Documents. It is the jr•Yx' :, s ;s-Contractor's.�responsibilityto secure and pay for the building permit(s)for the project. t Information or.services-;underrthe Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. �;2a2t5 ;Unless otherwise provided}inLthe Contract Documents; the Contractor will be:furnished . .:two (2);original sealed.copies and:one (1) electronic copy of Drawings, Specifications and the •=n '01 ,y •ProjectcManual-free of-charge,'for the execution of the Work as provided in Subparagraph 1.3.2. • K iY 9i. 2:2.6. 7.The. Owner shall., forward;u.all communications to the Contractor through Project !. rM r3..:.Management_and-may contemporaneously provide the same communications to the Architect.. -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 E :r' .Other Contractors),Article:9_(Payments and Completion)and Article 11 (Insurance and Bonds). sir 2.3 Owner's Right to Stop the Work ' 2.31 _,:If;theContractor-fails,.to_correctWork which is not in accordance with the requirements of :. .,< nthe;contract Documents as;.required by Paragraph 12.2 or persistently fails to carry out Work in - accordance witfrthe Contract Documents, the Owner, by written order signed personally or by ' -anagent specifically SO:empowered'by the Owner, may order the Contractor to stop the Work, or,any:portiornthereof until the cause-for such order has been eliminated; however, the right of ::the Owner,to stop the Work shal(not:give rise to a duty on the part of the Owner to exercise this . t :,r ;:righttfor the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the.Work If-:the Contractor Aefaults, or_neglects to carry out the Work in accordance -with the ContractDocuments and fails within-a three-day period after receipt of written notice from the Owner to commence•and continue 'correction of such default or neglect with diligence and • promptness,•the:Owner{may,=.after:such three-day period give.the Contractor a second written ;-_notice to'correct.:such :.deficiencies within a three-day period. If the Contractor within such GENERAL CONDITIONS f: Page 18 of 48 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-: Architects...and their respective consultants' additional services- and _,..expensessnade 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 • differenceto the Owner. In:the'event of clean-up issues, Owner has right to provide a minimum 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. 3.0 CONTRACTOR • 3.1 Definition 3.11 : The Contractor is the person entity identified as such in the Agreement and is referred -to throughout this-Agreementas if,singular in number. The term 'Contractor" means the Contractor or the Contractor's authorized representative. - 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. 3.2z c,.; ',I3eview.of Contract Documents and Field Conditions by Contractor 2 2 The-Dontractorshall.,carefully study and compare the Contract Documents with each t:vc, 6 other andTwith-information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once, réportcto Project;'Management and Architect errors, inconsistencies or omissions C•,:,discoVered.. TheDontractor Shall.not be liable to the Owner, Project Management or Architect ,-Jdr;tdamage Tesulting-ifrorrterrorsinconsistencies or omissions in the Contract Documents --,.-.tpless,the,ContractorsecogniZed:such error, inconsistency or omission and knowingly failed to • report it to:Project Management iand Architect. If the Contractor performs any construction •3activity knowing it involves a',recognized error, inconsistency or omission in the Contract Documents,without such notice to Project Management and Architect, the Contractor shall astumw appropriateTesponsibilitylorsuch performance and shall bear an appropriate amount " of the attributable costs for correction. 322 'Contractor Lshaltitake',field measurements and verify field conditions and shall • ..,carefully compare such,field measurements and conditions and other information known to the -,,CoTitractormith the Contract.Documents before commencing activities. Errors, inconsistencies oromissions discovered shall be reported to Project Management and Architect at once. 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 The Contractor shall supervise and direct the Work, using the Contractor's best skill and ,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 Wdrk under this Contract, subject to overall coordination of Project Management as provided in• - — Subparagraphs 4.6.3 and 4.6.5. GENERAL CONDITIONS,-,1-. Page 19 of 48 • , . - .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. Contractor shall.inspect:portions of the Project related to the Contractor's Work in K., w ,.,,orderto;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, :., ,f ,c utilitiesAransportation, and:_otherafacilities and services necessary for proper execution and 10 c r; ,r completion of theWork .whether. temporary or permanent and whether or not incorporated or to be incorporated in the Work. Ther,'Contractor;.shall tenforce-_.strict discipline and good order among the Contractor's. - L5a, see t .;employees::and: other-persons carrying out the Contract. The Contractor shall not permit r ; ,,-,:employment•of:unft persons or persons not skilled in tasks assigned to them. :, a" P i3.4 3: cThe_Contractor-ilis responsiblefor the conduct of his employees at all times. Misconduct, , r^ destruction.:of: roeu p p rty,:unsafe :practices, or violation of any Federal or State regulations • se :gas ;, including33abuse:.of alcohol;or drugs, will be cause for permanent dismissal from the project. If �, , �;r4any Contractor_'semployee: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 S , Management.,,-,,Employees.dismis.seid-from-the project will be transported from the job site at the n`r 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. L._, w 3:4 5 ,The ...Contractor,ushall; be ;responsible for complete, timely and accurate field -. measurements.as:necessary.for.proper coordination,fabrication and installation of his materials €and equipment: :The-:Contractoragrees to cooperate with Project Management, if required, to ;� )accommodate.any discovered,variations or deviations from the Drawings and Specifications so • :.w that the progress of the Work is not adversely affected. 3.5 Warranty :>= 3 5.1 r),:The:Contractor warrants.to-the Owner, Project Management and Architect that materials .:and equipment fumishedt.:under-:the::.Contract will be of good quality and new unless otherwise ..m 1- - required ora::pemiitted-by-the::Contract Documents, that the Work will be free from defects not w , t inherenviin-.thei,:quality required ;ors perrri"itted, and that the Work will conform:With the _,,requirements.ofthe: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• ,. • • GENERAL CONDITIONS Page 20 of 48 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, ;surreys and utility fees required by Federal, State, Municipal or - Utility entities:havingiurisdiction 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 :,. f required-at thelime 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 regulationst-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. • 3:7:4R ,If,the.Contractor°.performs,Work knowing it to be contrary to laws, statutes, ordinances, building4'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. f. Other-communications. shall:.be similarly confirmed on written request in each case. The • superintendent shall.be,satisfactory to Project Management and shall not be changed except 'with-the consent of;:Project:Management, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10 11-he 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<Projectishall-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 GENERAL CONDITIONS:, I Page 21 of 48 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. : .3.1.0.4 The Contractor shall conform to the most recent schedules. - 3:1:05 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 a `` , ::3:1:1.1-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 Shop:Drawings are drawings,diagrams, schedules and other data specially prepared for :the7Work by,the:Contractor:or:a:_•Subcontractor, Sub-subcontractor, manufacturer, supplier or 4.. distributor to illustrate some portion of the Work. ,3 12;2 Product,-Data: are illustrations, standard schedules, performance charts, instructions, ;il... ;brochures; diagrams.and other::information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.1.2:3.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 .ares: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 rt, :with_the schedule and.-sequence.approved by Project Management, Shop Drawings, Product r:Data, Samples and.similar_submittals required by the Contract Documents. The Contractor ., shall cooperate with Project.- Management in the coordination of the Contractor's Shop -__ ::Drawings;:Product,Data, _Samples and similar submittals with related documents submitted by other-Contractors: Submittals:made by the Contractor which are not required by the Contract Documents may be returned without action. . 1-3.12.6-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, GENERAL CONDITIONS Page 22 of 48 • . field measurements and field construction criteria related thereto, or will do so, and has checked • ,z..and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. •-% _ 3.12.8The Contractor shall not be relieved of responsibility for deviations from requirements of the-_,Cotitrapt.:-Docurnents-;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 submittals by Project Management's approval thereof. • 3.12,9 The -'Contractor::shall ;direct specific attention, in writing or on resubmitted Shop •:.Drawings, ProductData,„Samples or similar submittals, to revisions other than those requested .• by Project Management and Architect on previous submittals. • . —Informationat.-submittals-upon which Project Management are not expected to take ........tesponsive action may be so identified in the Contract Documents. • . • When„professional certification of performance criteria of materials, systems or 17-t'Ll E.equipmentis.requiredby,the Contract Documents, Project Management and Architect shall be .Jentitled tolely.,upon.the.accuracy and completeness of such calculations and certificatians. ,-.11 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 • .. „ 3.111-.TheContractor.,shalFtonfine•.operations at the site to areas permitted by law, ordinances, sz •upermitsi,:and theContract-Documents and shall-not unreasonably encumber the site with materials or equipment. - 3 13.2.-ThenContractorshalk:„coordinate the Contractor's operations with, and secure the 7'apgitoval'of, Project Management before using any portion of the site. 3.14 Cutting and Patching AA-4.1i-The.Contractor shall be responsible for culling, fitting or patching required to complete the Work-or'to-makeitt-,-partS ifit•together properly; He shall also provide protection of existing work as required. The.COntractorshaltnot.damage or endanger a portion of the Work or fully or partially completed..construction.of.the:Owner's own forces or of other Contractors by cutting, patching, excavating- or otherwise,altering such construction. The Contractor shall not cut or otherwise ;::.'„alter'such:-construction--by-other Contractors or by the Owner's own forces except with written ,consent:-of Project Management, Owner and such other contractors: such consent shall not be r„unreasonably..:withheld.,. .The Contractor shall not unreasonably withhold from the other ,:_:Contractors.or the Owner•.the.2.Contractor's consent to cutting or otherwise altering the.Work. -• . , ,,.:1.... .i.v.i1N.Plenstructuratmembersareinvolved, the written consent of Project Management shall also be 7- The-Contractor-shall-mot unreasonably withhold from Project Management or any • -. • :-..---'separate contractor his consent to cutting or otherwise altering the Work. •,, 3.141.3;The Contractor shall.arrange for any blockouts, cutouts, or openings required for the • , materials-and equipment and the execution of his work, whether or not shown GENERAL CONDITIONS*,,::-, Page 23 of 48 . . . .• . „. . .- • . :.• •• ...• . . . , Or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishingvin:.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 TheContractor.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 Contractor shall provide the Owner, Project Management and Architect access to • the Work in preparation and progress wherever located. . 3.17 Royalties and Patents' TheContractorshall-pay all,royalties and license fees. The Contractor shall defend suits `2 or folaims-lorinfringementot-patent.rights and shall hold the Owner, Project Management and _-.LArchitect harmless4rOm loss on account thereof, but shall not be responsible for such defense ior loss whenc,a- iparticularc'design, process or product of a particular manufacturer or Uoc:ur.t3r,P.i: HiTnanufacturerels'required by theContract Documents. However, if the Contractor has reason to believe',-that2-the;'required design, process or product is an infringement of a patent, the Contractorcshall be responsible for such loss unless such information is promptly furnished to the Architect and Project Management. 3.18 Indemnification and Hold Harmless ,Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, COntractorshall defend, indemnify and hold the COUNTY and the COUNTY's electedend,appOinted'officers and employees harmless from and against(i)any claims, actions orf-LaUsqs, *action; (ii) any litigation, administrative proceedings, appellate proceedings, or - other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or businessinterruption;end(iii)-any costs or expenses that may be asserted against initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any L':cactivity:of,Coritractorr.orany-of its employees, agents, contractors or other invitees during the . -.'---term Of;this':Agreement (B):.the negligence or recklessness, intentional wrongful misconduct, :errors or 'other-wrongful act or:omission of Contractor or any of its employees, agents, sub- contractors,or;other invitees,...or(C).Contractor's default in respect of any of the obligations that it undertaket,under the terms of this Agreement, except to the extent the claims, actions, causes -actioN litigation;:-proceedings;costs or expenses arise from the intentional or sole negligent FES, omissionsof-theCOUNTY.Or any of its employees, agents, contractors or invitees (other than Contractor)., Insofar as claims, actions, causes of action, litigation, proceedings, costs or expenses relate ito events or circumstances that occur during the term of this Agreement this - , --section wilt surviVe the expirationof the term of this Agreement or any earlier termination of this Agreement. : - GENERAL QONPITIONS.:,c, Page 24 of-48--- - the event that the:--completion of the project (to include the work of others) is-delayed or • -:, suspended.as a result of:the Contractors 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:)0) of'remuneration paid to the Contractor is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer F,4:1.1 The' Architect:::and /or Engineer is the person lawfully licensed to practice architecture/engineering:or any entity lawfully practicing architecture/engineering identified as U ,=suclvin the Agreement and is referred to throughout the Contract Documents as if singular.in ;number:cThe term"Architect"-means the Architect or the Architect's authorized representative. 4.2 Project Management 421 Project.Managementis the person or entity identified as such in the Agreement and is . W. .: • referred;to!.throughoutthe-:Contract:Documents as if singular in number. The term "Project , ,� Management f:means- Monroe ,County Project Management Department or Project Management's authorized representative. -y, 4:3 ,Duties responsibilities,andt limitations of authority of Project Management and Architect tr ; set forth iin the ContractDocuments shall not be restricted, modified or extended without -. , hi written:consent_of the:,O.wner•, Project Management,Architect and Contractor. Consent:shall not ,;. be unreasonably withheld. k, cf. ..,-1n=case,of:terminationcofemployment of Architect, the Owner shall appoint an Architect : :LL:whose status under:the Contract Documents shall be that of the former Architect. 4.5 Not Used • 'r 4.6 Administration of the Contract . ;4.6.1 Project.:Management,:and Engineer 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 Engineenwill 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 zh written instrument in accordance with other provision of the Contract. -,,Project,Management and;Engineer will determine in general that the Work is being ...r _ .:,;performed;in:accordance=with:thesequirements of the Contract Documents, will keep the Owner :informed.ofahe.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 Owners own-forces with the Work of the Contractor, who shall cooperate with them. GENERAL CONDITIONS Page 25 of 48. , , • 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. ,_ 4:65-.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. C. 4.66,: ::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 programs-in_connection with the Work, since these are solely the Contractor's responsibility as provided:in Paragraph 3.3', and neither will be responsible for the Contractor's failure to carry out_-the:Work;.in..accordance:with:the Contract Documents. Neither Project Management nor the Architect wilkhave, 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_.;CommunicationsTacilitating ;Contract Administration. Except as otherwise provided in _:ahe Contract,00cuments:or when direct communications have been specially authorized, the ::3 ; Owner:' and .;Contractor shall ::.communicate through Project Management, and shall contemporaneously:_provide the same communications to the Architect. Communications by m, ;,: andwith the:Architect'sconsultants shall be through the Architect. Communications by and with i fTX 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. 4.69F. Based_ on Project .Management's observations and evaluations of Contractors' Applicationsfor.Payment;.'Project Management will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4,6A0 Project:.Management:will have authority to reject Work which does not conform to the - -Contract :Documents; to ,require additional inspection or testing, in accordance with • <.:Subparagraphs "13.5.2..and 13:5.3,- whether or not such Work is fabricated, installed or "' completed,,but will.take-such action only after notifying Project Management. Subject to review, 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 GENERAL CONDITIONS::.:. • • Page 26 of 48 • 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 4.6.10nor a decision made by either of them in good faith either to exercise or • r.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. - 46.11 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 „a--2 ContractorsiFrand,reviev 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. , 'Project-Management will;review and approve or take other appropriate action upon the' Contractor's 4 C'Ontractors°,:-submittalsisuch,as.:Shop Drawings, Product Data and Samples, but only for the - climited purpose,:oftchecking for conformance with information given and the design- concept expressed In the 'Contract Documents. Project Management action will be taken with such • pr5 promptness consistent with-theconstraints of the project schedule so as to cause no delay in -the:Work.ntithelContractor or in the activities of the other Contractors, the Owner, or Project Management, while :allowingo sufficient time to permit adequate review. Review of such submittalsjs,ript:conducted=for the purpose of determining the accuracy and completeness of flw", ;5,:other:detalis such:as dimensions snd quantities, or for substantiating instructions for installation eft, -oil-performancebfequipMerittorsystems, all of which remain the responsibility of the Contractor E)•!:'CrInT;F•;'•IF 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, ,CF 15randE3:12:vfProject.Management's review shall not constitute approval of safety precautions unless.„Ptherwise,,specificallystated by Project Management of any construction rneans, rnethodsitechniques;rsequences or procedures. Project Management's approval of-a specific . item'shall-not indicate approval of an assembly of which the item is a component. t Project Management wiltprepare Change Orders and Construction Change Directives. • t; 4.6)14iFollowingl-conpultatiorf,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. 4:616,,,The:Contractor will-assist'Project Management In conducting inspections to determine 17 the datesolSubstantial completion-and final completion, and'will receive and forward to Project rz-:Management writtermarranties and-related documents required by the Contract and assembled byr,,the-ContractOr.. Project Management will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. Project Management 7-will :provide one or more project representatives to assist in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority;of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. =,-4:618,Project Management wilL interpret and decide matters concerning performance under andrequirementt-of.-the Contract Documents on written request of the Owner or Contractor. GENERAL"CONDITIONS-i•-:.,: - ' Page 27:of 48 -2 Project Management's response to such requests will be made with reasonable promptness and -within anytime 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 4.6then Aelay 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 AO secure faithful performance by both Owner and Contractor, will not show partiality to either results of interpretations or decisions so rendered in good faith. 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 , DefinitionA.Claim is_a demand or assertion by one of the parties seeking, as a matter ..otrightf.adjustrnentor interpretation of Contract terms, payment of money, extension of time or -Otherreliewith.,tespect-to2the, terms of the Contract. The term "Claimff also includes other ,:',-.;disputestandlhatters in-question:between the Owner and Contractor arising out of or relating to rtheZontract,-,Claimsmust be made,by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4;7,.2. 9Meetf.and-Copfer.r.:-:.The,,Contractor and Project Management shall try to resolve the - C-0 claim or dispute witivmeet and confer sessions to be commenced within 15 days of the dispute 1:1r::claint: Any,clairtit or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. Tiine,,Limits,on.Claims.a Claims by either party must be made within 21 days after - c occurrence,of the!event-giving',rise,to such Claim or within 21 days after the claimant first recognizes therdondition:giving-Lrise:to the Claim, whichever is later. Claims must be made by written notice additional Claim made after the initial Claim has been implemented by Change Order will not be unless submitted in a timely manner. This notice is not a rl condition precedent to any other legal action or suit. 4;7.4 Continuing Contract Performance. Pending final resolution of a Claim unless 3therwisol.;pgreed;.ini Vritingothe,,i Contractor shall proceed diligently with performance of the : C-ontractcandithe,-OWnercshalkoontinue to make payments in accordance with the. Contract , Documents. Walver,of Claims; finakPayment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: liens Claims,isecurity;,interests or encumbrances arising out of the Contract and unsettled; 1.-?t• failure-.of the,Workto comply with the requirements of the Contract Documents; or ',.1..;.:8:terms of special Warranties required by the Contract Documents. -- A., C 4.7.6-,.'Claims for Concealed or Unknown Conditions. If conditions are encountered at the site-which,are,(1).'substirface 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 GENERALCONDITIONS . _ , - Page,28 of 48 . • . , recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice bylhe 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 • ,; tonditions:-. 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 thecontract Surn,Twritten:notice as provided herein shall be given before proceeding to execute cthe WorkPrior notice-i“mt 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 z;;;-,f \-;•• 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 other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. adversemeather conditions are the basis for a Claim for additional time, such Claim • ;,;7' shall:bw•'documented by data:substantiating that weather conditions were abnormal for the : rperiodof time'and could:nothave been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. cf; ;.: Injury,orDamage AoP,erson or Property. If either party to the Contract suffers injury wTor.damageAozrperson,or propeq:because of an act or omission of the other party, of any of the ‘' other:partys;ernployees;orAgents•,:or of others for whose acts such party is legally liable,written notice of.suchinjury or damage,;whether or not insured, shall be given to the other party within aseasonable ;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 fJoritime::relatecido this Glairn:i.i&;to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS 5.1 Definitions • 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-z,of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. ' 5.1;2 ,Sub-subcontractor:is a ;person or entity who has a direct or indirect contract with a - ; Subcontractor to perform portion of the Work at the site. The term "Sub-subcontractor" is -,:referred to..throughout the,,,ContractDOcuments 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 - 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 GENERAL CONDITIONS ;-;:••; Page,29 of 48 . _ 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 inwriting 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 which 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 Owner or Project Management makes reasonable objection to such change. 5.3 Subcontractual Relations 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 ;!. Lterms.of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the1 Contractor, by these Documents, assumes toward the Owner or Project Management. :Each subcontract agreement shall preserve and protect the rights of the •JOwner 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. r,- 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 • r. -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: , 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. If the work , has been suspended for more than 30 days, the Subcontractor s compensation shall be equitably adjusted. ' 1. .6.0: -CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS ' GENERAL CONDITIONS , Page 30 of 48 . , 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-ucontractors 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. r part::.,of. the: Contractor's: Work depends for proper execution or results upon iconstruction,: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 uch proper:execution andv: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 isfit,and;proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 62.3: 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. :.Claims:and otherdisputes.and matters in question between the Contractor and other contractors shall be subject-.to.'the:provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. _ 6,.2.6- The Owner and other contractors shall have the same responsibilities for cutting and • patching as are described for the Contractor in Paragraph 3.14. :;.;:; 6.2.7 :;:Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the-delay,-notify Project.Management in writing, of his contention: setting forth (A)the cause for the delay;-(B) a description of.the portion or portions of work affected thereby, and (C) all • GENERAL CONDITIONS,- _ • Page 31 of 48 details pertinent thereto. A:subsequent written application for the specific number of days of xtension-of time requested shall bemade by the Contractor to Project Management within (72) hours after the delay has ceased to exist. :• :1,.41t is .a condition precedent to the consideration or prosecution of any claim for an :r 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; The Contractor agrees that whether or not any delay, regardless of cause, shall be the basisfor an extension of,time- he shall have no claim against the Owner or Project Management for an increase.in Contract price, nor a claim against the Owner or Project Management for a paymentor allowance of any kind for damage, loss or expense resulting from -delaysnor:shall.the: Contractor have any claim for damage, loss or expense resulting from interruptions to, or_suspension of;7his work to enable other contractors to perform their work. Thdonly remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6-.3.1.F.--Ifa dispute arises,among the Contractor, other contractors and the Owner as to the 1- reeponsibility.-'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. 7.0 CHANGES IN THE WORK 7.1 Changes Chahges-int,the.,Work:may bd.accomplished after execution of the Contract, and without invalidating'the-Contract,•by Change'Order, Construction Change Directive or order for a minor ;:changecin;the WorKdsubjecktOlhelimitations stated in this Article 7 and elsewhere in the Contract Documents. - `h5 A,°:Change,„Order. shall be •_based upon agreement among the Owner, Project Management and Contractor; a Construction Change Directive require agreement by the (3,1, °,,-.,,:,,/c,Owner,,Project,Managementand 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. in°:°the:-Work:_shall-be performed under applicable provisions of the Contract ',Documentsi 'and the!Contractor shall proceed promptly, unless otherwise provided in the ,:f.:Change Orderi-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 -, quantitie-scriginallysontemplatedrare-so changed in a proposed Change Order or Construction ,-,-Change.Directive that application.cf:such unit prices to quantities of Work proposed will cause substantial:inequity,:lo.,,the.-Owneror Contractor, the applicable unit prices shall be equitably adjusted. 2 t 7.2 Change Orders - change..Orderis a written instrument prepared by Project Management and signed by the,:owner, Project ManagementAnd Contractor stating their agreement upon all of the following: .1 a change in the Work; GENERAL CONDITIONS Page 32 of 48 . , .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'(stateda-in the..Contract Documents or-subsequently agreed upon, and approved by the appropriate authority in writing; cost,t ..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-setforth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, / :provideda•Written_-order signedby.the Owner or Project Management is received,shall promptly' {.f.. .; ,,proceed:with..the Work:involved. The cost of such Work shall then be determined by daily force ;; r ., ,.accountstin-a form acceptable:tolhe Owner and Project Management. The daily force account ; Lforms-shall'identify.Contractorand/or Subcontractor personnel by name, total hours for each =t ..,.:( --r:Tmanc-each°piece of:equiprnentc.andtotal hours for equipment and all material(s) by type for each Fw.extra-Mork activity',claim: :Each_daily force account form shall be signed by the. designated ..-,!ProjectcManagement representative:no later than the close of business on the day the Work is Fit=-performed;to.;Verify 1cthe,c itemw-,and::=,hours listed. Extended pricing of these forms shall be ,a . , -4.in4.submittedltto,::Projectta Manage'ment-.`with all supporting documentation required by Project r t'.;t;Management for&inclusion:,fnto'(achange order. Unless otherwise provided in the Contract < , ° Documents =cost shall(be limited::to:.the following: cost of materials, including sales tax and cost cec ' .—:Y 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; r i =rand the;rental::valueI 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 .w,;. irthe°Contractorforany.:deletion_or,change, which results in a net decrease in the Contract Sum, O.:- :,:. twill_be ithe4 amount of.thel:actual;net;cost to the Owner as confirmed by Project Management. rim s"'" :-When:both additions and;credits,covering related Work or substitutions are involved in any one - . s _ -..change; the allowance-,for overhead::and profit shall be figured on the basis of the net increase, if any with respect to that change. ;-The actual costof 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 _-a ;:,E✓.: charges,suchas.Public::Liability:and Workmen's Compensation Insurance. No percentage for overhead:and profit shall be.-allowed:on items of Social Security and Sales Tax. If deductions x are ordered :the-:amountof_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 ,.. .c'sabove, cbond n or bonds superintendent, timekeeper, clerks, watchmen, use of small tools, E miscellaneous supplies,ricidentalcjob costs, warranties, and all general home/field office ,. . expenses:; The:actualcost-of-Changes in the Work (other than those covered by-unit prices set L forth in the Contract Documents)shall be computed as follows: GENERAL CONDITIONS - r . , •: - .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%); • - if the Subcontractor performs the actual Work, the subcontractor's percentage mark- lip-.for:overhead Arid profit shall be..a,maximum addition of ten.percent(10%). If the Contractor - • --doesinot perform the Work, the maximum iark-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 overheadand profit-shall be&maximum addition of ten percent(10%)on his direct Work only. If • 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. D2:5-. ...The,-Contractor.shall furnish.to the Owner through Project Management, an itemized '1J:breakdown:of,thequantitiesand.prices used in computing the value of any change that might be -.,-;;-,.,ueordered. Any.additionalsupporting documentaticin requested by Project Management such as certified quotations orinvoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. the;Contractor claims-that any instructions given to him by Project Management, by ;.." trawings:orotherwise,-,.involvez-extra Work not covered by the Contract, he shall give PrOject Management wtitten-notice:thereof within five (5) days after the receipt of such instructions and - before proceeding,lo:executeithe.work, except in emergencies endangering life or property, in which:ccase,theiContractor shall proceed in accordance with Paragraph 10.3. to Project Management for the Extra Work shall include a complete description ot Ahe-extratWorkJIthe.total cost and a detailed cost breakdown by labor, material , btland'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 unlessdhe complete notice specified by this subparagraph is given by the Contractor. :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 C.,:r:paymentsto the Contractorinaccordance with the Contract Documents. Disputes unresolved Inshtlibesettled.ini accordance.withsubparagraph 4.7. The Contractor shall maintain-completed cdaily forte accoUnt forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.3 Authority -::7.3.-1'.---Project-ManagementWill-haveauthority to order minor changes in the Work not invoMng f..>7.:-IK':adjuttmentin:the:Contractsunor extension of the Contract Time and,not inconsistent with the Qontract Documentsli:Such changes shall be effected by written order issued through,Project Managernentiandrshall be binding on the Owner and Contractor.The Contractor shall carry out such written order promptly. 8.0 TIME 8.1 Definitions 8:1A Unless otherwise:provided;,Contract Time is the period of time, including authorized ,-.::•adjuttrnents,-allotted in the Contract Documents for Substantial Completion of the Work. GENERAL CONDITIONS- --,,,, ; ' Page 34 of 48 - • ' , . 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 which 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. - • ' 'The:term !.1dar.:-.as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 'The. Owner/Project Wanagement 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 Time limits,:stated.inlhe 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. The Contractor 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 Articlelllo be furnished by the Contractor. The date of commencement • ,,of the Work shall not be changed by the effective date of such insurance. 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-.34:',It 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 .< • Managernent 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. :r! 6.3.2 Any claim for extension of time shall be made in writing to Project Management not more c : thanSeventHwor.(72)•.:.hours'-.after_,the commencement of the delay in accordance with :paragraph.6.2-.7;,otherwiseltshall 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 -2 - --;•<,: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 paragrapit6.2.7; otherwise,•any claim for extension of time based upon that cause shall be waived. < 8.3.3 . No;-_clairry.for an increase'in the Contract Sum for either acceleration or delay will be apowed for extensions of,'.time'.pursUant to this Paragraph 8.3 or for other changes ;in the Construction Schedules. _ Itthez Project is-delayed as a result of the Contractors 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 GENERAL CONDITIONS ," Page 35 of 48 ,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. 9.0 PAYMENTS AND COMPLETION• 9.1 Contract Sum 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 z:.in:such form and-supported by such data to substantiate its accuracy as Project Management may-require.,--Thisschedule, 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 • At least fifteen days before-the date established for each progress payment, the Zontractor-shall:submit to,Project'Management an itemized Application for Payment for Work 01 completed in with the schedule of values. Such application shall be notarized and fipsupportethby such datasubstantiating the Contractor's right to payment as the Owner or Project - .J :•1 -r;.:Managernent,_,may,,,require-,..such-;as-copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 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. Such,applicationt-,may not include requests for payment of amounts the Contractor 5does-,not intend to par to.a Subcontractor or material supplier because of a dispute or other reason. ;f1 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 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 i-- 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 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 laterthan the fime 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 GENERAL CONDITIONS " Page 36 of 48 , . - • 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 passupon-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 „ ,:',,... .;?i:_orcrOwner-tOpay: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 . Project-Management wilLassernble a Project Application for Payment by combining the , TContractors applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 14;2.--1:Afterthe Project Management's receipt of the Project Application for Payment, Project Management will the Application for Payment, with a copy to the Contractor, for amount Project'Management determine, is properly due, or notify the Contractor in :';. ' ' writlng of-Project reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. P 2 issuance.,:ofiaTgeparate Approval for Payment will constitute representations-made by ProjectManagementta 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 pecigre$sed lhe-2point 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 t Contract DOcumentsuuponSubstantial Completion, to results of subsequent tests and Dc,intinspectionsi,:tai;minordeviations,frOm the Contract Documents correctable prior,to completion r. and to specifictqualifications expressed by Project Management The issuance of a separate, , ' - -Approval for PaymentwillJurtherconstitute a representation that the Contractor is entitled to , payment in the amountapprOVect:4,.However, the issuance of a separate Approval for Payment ber.,a,:representation that Project Management has (1) made exhaustive or continuous r intpections3tolCheCk-thetquality or quantity of the Work, (2) reviewed'the Contractor's cpnstructiomineans;,Methodsilechniques, sequences or procedures, (3) reviewed copies of -,...reqUisitions received lrom.Subcontractors and material suppliers and other data requested by , the' Ownerto substantiate.the,')Contractor's right to payment or (4) made, examination to .ascertain;hovii4.43r.fohwhat,purpose-the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval Project Marfagement-'May decline to approve an Application for Payment if, in his hopinionthe applidatiOn:is,notaclequately supported. If the COntractor and Project Management a tevised,amount-i Project Management shall process the Application for the amountilt, deems:,appropriate:, :Project Management may also decline to approve any !Application ;,.for- Payment'-because--,'of subsequently discovered evidence •or subsequent . affr .7-inspections-At maydullify,in wholedr part, any approval previously made to such extent as may. '• be-necessaryip ittppihionbepause'of: (1) defective Work not remedied; (2) third party claims- filed mr:reascinable':*vidence .,:indicating probable filing of such claim's; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; •.!;‘,1,--(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 - - GENERAL CONDITIONS - • ' ' -Page 37 of 48 , , - the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7)persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of ' compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and.Project Management. ; . 9.5:2-:.When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments • . 9.6.1 r 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. a>: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 i _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..2-The•Contractor shall promptlypay 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":Workhthe"amount to,which said Subcontractor is entitled, reflecting percentages actually ..._r . retained._from;payments.Ito.the Contractor on account of such Subcontractor's portion of the Mork: 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, , dcr, 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. =,; w 9.6.4 :Neither`the,Owner.nor.Project Management shall have an obligation to pay, or to see to, • .the payment of moneyto a Subcontractor except as may otherwise be required by law. 9:6:5 Payment:to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. - 9.6.6:-•;!-A progress.payment, or partial or entire use or occupancy of the Project by the Owner not constitute acceptance of.Work not in accordance with the Contract Documents: 9.6 7.4=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 : GENERAL-CONDITIONS. `?• Page 38 of 48 , • • r I , beermade 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. ,z-y,:9.6:8i!,Except:in case of bona-fideAisputes, or where the Contractor has some other justifiable - reason for delay,,the Contractor shall pay for all transportation and utility services not later than Ahe:end,pfAhe'calendarmonth 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 ,.--2,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 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 'HD -:-..,'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 sosthe Owner can occupy or utilize the Work for its intended use. 9.8.2ANhen-the_Contractor-ccinsiders that the Work, or a portion thereof which the Owner --agrees to accept Separately,:is:substantially complete, the Contractor and Project Management ,4,, prepare a comprehensive list of items to be completed or corrected. The Contractor cc ccc shall proceed,promptly to.complete,and correct items on the list. Failure to include an item on h•-,(,_z C;,-;:;;" •,,,,,,-. .auchillstdbes not alter the responsibility of the Contractor to complete all Work in accordance t: COntract,DocumentsUpon receipt of the list, Project Management will make, an inspection to determine whether the Work or designated portion thereof is substantially 1:4 QC A. :::completel:;:lf,the-inspection'discloses any item, whether ornot included on the list, which is not , , "• .-...irv: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 rTcccc '.!:;'--,notificatiorrby:Trojecti Management: The Contractor shall then submit a request for another -!Ff, Managethent,Ao determine Substantial Completion. When the Work or designatediportion;-,thereof-,:issubstantially complete, Project Management will prepare a cc cccccr Certificatel'of-Substantial Completion, shall establish responsibilities of the Owner and Contractor forsecurity,, maintenance, heat, utilities, damage to the Work and insurance, and 41, 'shallIfix the time-withih:which the.:Contractor shall finish all items on the list accompanying the Certificate1-:-,Warranties required by the Contract Documents shall commence on the date of ,,,-:, -,.Substaritial‘Completiorvof the Work or designated portion thereof unless otherwise provided in Ccccccc the:4CertifiCate'af Substantial Completion. The Certificate of Substantial Completion shall be to the,Ownerand Contractor for their written acceptance of responsibilities assigned to them in such Certificate. :983-:;aliport,-,SubstantiaL-Completion of the Work or designated portion thereof and upon application by the Contractor and;Certification by Project Management, the Owner shall make payment, reflecting:adjustment in retainage, if any, for such Work or portion thereof as provided • in the Contract Documents. 9.9 Partial Occupancy or Use • !9,:9A,;:iThe-,Clwnermay occupy:of use any completed or partially completed portion of the Work at any-.-stage,:when such portion::is:designated by separate agreement with the Contractor, : I- provided-suchaccupendy or:use:is consented to by the insurer as required under Subparagraph At3:11 and,authorized by_public'.authorities having jurisdiction over the Work. Such partial cc accUpancy or use may_commence whether or not the portion is substantially complete, provided ..„GENERAL CONDITIONS . -•- Page 39 of 48, • . , , • - =,: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: list;as,:provided underSubparagraph 9.8.2. Consent of the,Contractor."to. partial '3 .r„, 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 99:20=Immediately prior to such partial occupancy or use, the Owner, Project Management and _+ c 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 c' _ Work shall:not,constitute:•:acceptance of Work not complying with the requirements of,the Contract Documents. ad r: 9.10 Final Completion and Final Payment 8:.10:1-1 Upon completion ofrthe-Work, the Contractor shall forward to Project Management a ritten-Notice,:that-the,Work is ready:for final inspection and acceptance and shall also forward L°� to -Project,Mana9ement,:a;final "Contractor's Application for Payment. Upon receipt, Project `L „Management,will-promptly!make=such inspection. When Project Management, finds the Work r <a acceptable `"under. the;::Contract l=Documents and the Contract fully performed,' Project `- : :Management will..promptlydssue 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 =;;;,p ; Work has been:completedrin:accordance with terms and conditions of the Contract Documents LG:ti r-1: ;.candAhat;the.-'entire.balanceSound: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 a"tM?tt being entitled to final payment have been fulfilled ,_. 9:10:2'Neitherfinal::payment:norany 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 mightbe;,responsible or encumbered (less amounts withheld by Owner) have: e f; been paid or-otherwise satisfied, (2) a certificate evidencing that insurance required by the t.:r. er Contract-Documents:to:remain inforce after final payment is made, is currently in effect and will i :;:_ no#be canceled'or.allowed to expire-until at least 30 days' prior written notice has been given to .2 ,f- , M. . <::the:Owner,:(3)4 written:rstatemen#`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- surety;Jfnany,ctorfinal'payment and (5), if required by the Owner, other data -,t, : establishing payment or•satisfaction::Of obligations, such as receipts, releases and waivers of 1 aiens: claims, csecurity, interests oP-encumbrances arising out of the Contract. The following -s documents-'(samoles included 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 _- r, (5) Contractor's Affidavit of Release of Liens „ GENERAL CONDITIONS Page 40 of 48 , (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and - one (1)-saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) , 'format delivered °ma downloadable CD/DVD of all the following but not limited to: • A .Project Record Documents(As Built Documents). &Operating and maintenance data, instructions to the Owner's personnel.. C.Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F.Electronic copies of approved submittals c-GirEvidenceiof paymentand final release of liens and consent of surety to final release ar,c ,''oE(includes final release from all utilities and utility companies). . ' 9:10:3 -Acceptance,of final payment by the Contractor, a Subcontractor of material Supplier shall txonstituteii-a,_waiveruof claims by payee except those previously made in writing and ljdentified by that payee asiinsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. _ 9.11 Payment of Subcontractors 9 111F Any requirementofthis Article,9 that the Contractor furnish proof to the Owner or Project at :hManagernent thatthe,zubcontractorsand materialmen have been paid is for the protection and conveniencer.ialithe- Ownerconly:q,,,Unpaid subcontractors and materialmen may only seek th payment-from Ahe ContraCtonand-the surety that provided the Contractor'S Public Construction ThezContractorrInust:insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10'.1.17he Contractorshali be responsible for initiating, maintaining and superviting all safety precautions and programs-in:connection with the performance of the Contract. The Contractor shall-subrnit the Contractor'srsafetIvprogram to Project Management for review, approval and • coordination with the safety programs of other Contractors. 101:25-1n-,,theJaventthe:COntractor encounters on the site material reasonably believed to be r: asbestos- or 'polychlorinated,biphenyl (PCB) which has not been rendered harmless, the ContractorshalF immediately stop'Work in the area affected and report the condition to the Project.Management.in writing. The Work in the affected area shall not thereafter be.rsumed-ecept by.Written agreement of the Owner and Contractor if in fact the material is lasbestos orpolychlorinated 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 GENERAL CONDITIONS , . -Page 41:of 48 • (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). 10.1.5 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 properly qualified personnel. GENERAL CONDITIONS. _... .. . ;. Page 42 of 48 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 Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner 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 Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970 for minimum requirements of job site safety plan. 11.0 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 specified 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.Contractor's failure to provide satisfactory evidence of insurance. • 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision'may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. GENERAL CONDITIONS Page 43 of 48 11.1.4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence of the required insurance, either. Certificate of Insurance Or A certified copy of the actual insurance policy 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as"Additional Insured"on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: Not Required 11.3 Public Construction Bond 11.3.1 A Public Construction Bond in the amount of the cost of construction is not a requirement of this Contract. 12.0 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 try 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. GENERAL CONDITIONS Page 44 of 48 . J 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Project Management's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, _or by terms of.an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. _•, :.. 12.2.3 The. Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the - . Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from Project Management, the Owner may remove it and store the salvageable 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. .122.6: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 GENERAL CONDITIONS Page 45 of 48 a 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. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13:1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or.Project Management(as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Project Management. 13.3 Written Notice 13.3.1 .Any written notices or correspondence given pursuant to this contract shall be sent by • United States Mail; certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: Kenmar General Contracting, LLC 1075 Duval Streets C21 PMB15D 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 GENERAL CONDITIONS • Page 46 of 48 ._ 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 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. ,.1,3.5.4: Required certificates ofaesting, inspection or approval shall, unless otherwise required • - :by the.,Contract-Documents, be secured by the Contractor and promptly delivered to Project Management. •-u :.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. 140.. . 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; GENERAL CONDITIONS Page 47 of 48 .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. 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 Mork in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination the Owner shall pay for work completed to date of Termination. . GENERAL CONDITIONS Page 48 of 48 KENMA-1 OP ID:TO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/06/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tamar Porras R.V.Johnson Insurance E 400 N.Cypress Drive,Suite 24 (AICO,NN ,Ext):561-745-8894 FAX No):561-745-8871 Tequesta,FL 33469 E-MAIL Donald L.Brady ADDRESS:tporras@rvjohnson.com • INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Colony Insurance Co NAIC#3993 INSURED Kenmar General Contracting LLC INSURERa:Auto-Owners Insurance Co#1898 18988 1075 Duval St,C-21 PMB 150 INSURER C:Rockhill Insurance Company Key West,FL 33040 INSURER D INSURER E: INSURER F: ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE �ADDLSUBRI POLICY EFF POLICY EXP W LTR INSR VD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE-TO RENTED A X COMMERCIAL GENERAL LIABILITY X X 103GL00156600 12/06/2014 12/06/2015 PREM S S(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 X Blkt Add'I Insd PERSONAL&ADVINJURY S 1,000,000 X Bkt Waiver Subro GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000; B X ANY AUTO X X 4926476000 09/01/2015 09101/2016 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS • X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (PER ACCIDENT) $ I UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 ,q X EXCESS LIAB CLAIMS-MADE BD766713 12/06/2014 12/06/2015 AGGREGATE $ 1,000,000 DED RETENTION$ 0 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE i E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A - (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Pollution 1,000,000 C Pollution Liab ENVP01338200 05/07/2015 05/07/2016 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) PROJECT: Gato Building Exterior"Painting Certificate holder is named as additional insured. BYPfi ED MENT. WAI R A CERTIFICATE HOLDER CANCELLATION MONRO04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whitehead St AUTHORIZED REPRESENTATIVE Key West,FL 33040 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Kenmar _, : eneral Contracting, LLC September 17, 2015 Monroe County Purchasing Department 1100 Simonton Street, Room 2-213 Key West,FL 33040 RE: Gato Building Exterior Painting Proposal Due Date: September 17,2015(3:00 p.m.) • To Whom It May Concern: Kenmar General Contracting, LLC (Kenmar G.C.) is pleased to submit our proposal for the Gato Building Exterior Painting, Key West,Florida. . As you will note in our submission, Kenmar G.C. is a local Design-Build contracting firm founded in February of 2002 in Key West and is a Women Owned Small Business, SBA 8(a) Certified and DBE Certified in Florida. During our 13 years in business we have established a strong working relationship with the Key West Building Department, Monroe County Building Department, local subcontractors and vendors. Our strong professional team members are qualified, trained and experienced in Project Management, Safety and Construction Quality Control. Kenmar G.C.stands ready to focus on the successful completion of the Gato Building requirement. If selected, Kenmar can deliver a highly successful program with the finest staff and support available within our industry and our community for this project. Proposal Responses and Attachments A. A list of the entity's shareholders with five(5)percent or more of the stock or,if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. Kenmar General Contracting,LLC is a Limited Liability Company. Vicki Marino is the Sole Managing Member and owns 100%of the stock in the company. (See attached State of Florida Certificate of Good Standing) B. A list of the officers and directors of the Entity. Vicki Marino,Sole Managing Member/Owner C. Relevant Experience: The number of years the person or entity has been operating and,if different,the number of years it has been providing the service, goods, or construction services called for in the proposal specifications(include a list of similar projects). Kenmar General Contracting, LLC has been providing construction services for the past 13 years in Key West, Florida. In addition,Vicki Marino (Certified General Contractor)served for two years on HARC, Key West's Historic Architectural Review Commission and as such realizes the historical significance of the Gato Building to our community(See Project Data Sheets attached with project description.) g/r' 923 White Street,Key West,Florida 33040—305.320.0407 Mailing Address: 1075 Duval St.C21PMB150,Key West,Florida 33040 •GENERAL CONTRACTING* T enmar General Contracting, LLC • D. The number of years the person or entity has operated under its present name and any prior names. Kenmar General Contracting, LLC was founded February 12, 2002 in Key West, Florida and has no prior names. E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (if yes,provide details of the job including where the job was located and the name of the owner.) No. Vicki Marino, Sole Managing Member of Kenmar has never failed to complete work or provide the goods for which it was contracted. 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? (If yes,provide details,include enough information about the judgment,claim,arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) No. Vicki Marino,Sole Managing Member of Kenmar has no judgments,claims or arbitration proceedings or suits since inception. 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. (if yes,provide details,include enough information about the judgment,claim,arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) No. Vicki Marino,Sole Managing Member of Kenmar has not been party to any law suit or arbitrations with regard to a contract for services,goods or construction services since inception. 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. (if yes,provide details,include enough information about the judgment,claim,arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) No.Vicki Marino,Sole Managing Member of Kenmar has never initiated litigation against the County or been sued by the County in connection with a contract to provide services,goods or construction. 923 White Street,Key West,Florida 33040-305.320.0407 Mailing Address: 1075 Duval St.C21PMB150,Key West,Florida 33040 *GENERAL CONTRACTING. en ' r General Contracting, LLC 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. Vicki Marino, Sole Managing Member of Kenmar has never failed to perform services or furnish goods similar to those sought in the request for bid. f. Customer references(minimum of three),including name,current address and current telephone number: CUSTOMER REFERENCES Name Address • Phone Number Mark Tipsord,R.A. FEAD PWD (305)748-7451 Construction Manager Boca Chica,NAS,Key West, FL Scott Pridgen 1434 Kennedy Drive (305)293-4800 Chief Executive Officer Key West,FL 33040 AIDS Help of Monroe County Danny Hughes 512 Front Street (504)915-3525 Chief Executive Officer Key West, FL 33040 Diversified Group,Inc. CREDIT REFERENCES Name Address Phone Number Centennial Bank 1229 Simonton Street (305)676-3141 • Mark Todaro,Vice President Key West,FL 33050 Manley deBoer 1109 Eaton St. (305)294-5900 Stacy/Accounting Key West, FL 33040 Overseas Lumber 30251 Overseas Hwy. (305)872-3787 Accounting Department Big Pine Key, FL Sherwin Williams 908 Kennedy Drive (305)296-8501 Accounting Department. Key West,FL33040 g. Financial statements for the prior three years. Please provide in a separate sealed envelope for the the Contractor's confidentiality,and clearly label the envelop"CONFIDENTIAL" one(1)original copy. Financial Statements provided in a separate sealed envelope(Confidential). We look forward to hearing from you on this exciting project and should you have any questions, please do not hesitate to contact me. - Sincerely, Kenmar General Contracting, LLC /fie t Vicki Marino • Managing Member 923 White Street,Key West,Florida 33040-305.320.0407 Mailing Address: 1075 Duval St.C21PMB150,Key West,Florida 33040 •GENERAL CONTRACTING• SECTION 00110 PROPOSAL FORM Revised 9/3/2015 PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS do PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1-213 • KEY WEST, FLORIDA 33040 )) PROPOSAL FROM: /14'n in i -12,.Op.»v rn L (Yt�'-,rn 4' aTs Du,/A 5 dal ' 0esi-, PL 3,3D4-D The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: GATO BUILDING EXTERIOR PAINTING AND REPAIRS 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. , 4d &rs/ (Total Base Proposal-woi)4(//teeziAtt s) (Total Bane Proposal—numbers) I acknowledge Alternates as follows: 1. Alternate#1 s 0-Thy- A-3 A de)6l r took- Dollars (Alternate#1-words) PROPOSAL FORM 00110 Page 22 of 205 (Alternate#1—numbers) • 2. Alternate#2 I kip (� hq"n 6— Dollars (Alternate#2-words) (Alternate#2—numbers) 3. Alternate#3 A /O e 1lJ t�� Dollars (Alternate#3-words) $ (Alternate#3—numbers) 4. Alternate#4 f uo J� (� f Dollars (Alternate#4-words) (Alternate#4—numbers) 1. Unit Price#1�gox IW �tDollars/linear Foot (Unit Price#1 -words $ '"r I p�. o—O /Linear Foot (Unit Price#1 —numbers) 2. Unit Price#2 Cementitious Mortar / > d /J a..gc `dollars/Linear Foot (Unit Price#1 -words) $ ��(AZt� /Linear Foot (Unit Price#1 —numbers) I acknowledge receipt of Addenda No.(s) No. Dated g/j g i o No.C2 Dated 9/1 a /> No. Dated • 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 s/ , b. Proposal Security(Bid Bond) , c. Non-Collusion Affidavit V, / d. Lobbying and Conflict of Interest Clause I , e. Drug-Free Workplace Form f. Subcontractor Listing Form g., Proposer's Insurance and Indemnification Statement , h. Insurance Agents Statement(signed by agent) and Local Preference Form and requirements (if applicable), In addition, Proposer states that he has included a certified copy of Contractor's License, and Monroe County Occupational License. (Check mark items above, as a reminder that they are included.) Mailing Address: ! 1' 75 7 spraV 4 f cT ea/ pm 3 /6 Z Rey , e� FL �3.3LY- 0 Phone Number: Jac — I 1 1 -534 "-S-274/1(geA-,64,._ Date: //17//5 Signed: ///'c/C M4E/A)D (Na OD/� .094 /�1 n / /2,' nt, t i (Title) V Witness: /2/X-- Sid? (Seal) Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management SECTION 00310 SUPPLEMENTARY BID FORM FOR UNIT PRICES TO: Monroe County.Board of County Commissioners hereinafter called"Owner" 1. The-undersigned,having examined the proposed Contract Documents titled: • GATO BUILDING EXTERIOR PAINTING 1100 Simonton St. • Key West Fl 33040 and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor,materials,equipment,and appliances,and to perform operations necessary to complete the Work as required by said proposed Contract Documents. The following prices include all General Contractor mark-up and are net to the Owner. 2. In order to meet budget requirements,the undersigned proposes the following unit prices. A. Spelling Repair ,N 1. Unit price per cubic foot of spelling repair: Cti 09tf6 . 1.14e011_ /'` a `"' DD:LI:ARS/Cei.Ft (Words) 1-1: 1217 -D Cu.i=t (Numbers) 3. The undersigned understands and agrees to comply with and to be bound by any instructions to bidders issued for this Work. 4. The undersigned acknowledges receipt of Addenda: NO. / , DATED:, 6Il*,1i NO. DATED: NO. DATED. NO. DATED: NO. DATED: NO. DATED: Page 1 of 2 - . • ' Monroe County Engineering �„ 1100 Simonton Street,2-2I6 • W Key West,FL 33040 Project Management BIDDER:. l iC r)rn 4 E., a•ri e "9- alliel4.64/7(5 BY: ADDRESS: / 75 (/1_. Aledy teig,s/ FA, 33011 D LICENSE NO.4 G . 16 02.. 16 3�� LICENSE TYPE: ,-(-)fe i7g ie9- (Vb ,`14 C-)LO e 7°1 e Bid dated tiits ! / dau.of �.�c ;220 f 5-7 END SUPPLEMENTARY BID FORM FOR UNIT PRICES t I } I I E Page 2 of 2 S1 � GATO BUILDING EXTERIOR PAINTING SECTION 00110 NON-COLLUSION AFFIDAVIT I, o( • ?�� t9 ; of the city jer Gf/e S� according to law on my oath, and under penalty of perjury, depose"and say that J 1. I am SDI 11'1 i n 19- o 1i7 Me fn. f��12, of the firm of MI)9 74 yL JU�'jl 4°Y AL ( 1-))1 r e1 C1`a A�jj .4.4 c the proposer making the Proposal for the project described in the notice fokicalling for proposals for: al; /C _ /��(- ,i`Sib -ey1`D - f� h)4 / and that I executed the said proposa1jvith 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 orwith 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 in this affidavit are true and correct, and made with full knowledge that said project. 9-/7-070/` (Signature of Propose (Date) STATE OF: lO12 Id COUNTY OF: Man R(7 PERSONALLY APPEARED BEFORE ME,the undersigned authority, I/ r c 7 171,7 ) IlJ who, after first being sworn by me, (name of individual signing)affixed his/her signature in the space provided above fry i on this 1 / "" day of , 20 f J . 'sea Notary Public state of Ra id° Partiela M Edwards WAV-a•C.-- 14•04,04) PUBLIC - : EAyCommiss/2019 296 NOTARY PUBLIC Expires 05113/2018 My commission expires: • • PROPOSAL FORM 00110-Page 24 of 210 GATO BUILDING EXTERIOR PAINTING LOBBYING AND CONFLICT OF INTEREST CLAUSE. SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ?en /2 4J7eJL 4.54'il-& gin %iv C° (Company) I 1 "... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its'discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or • otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: F71)de; ' COUNTY OF: �,r Subscribed and sworn to(or affirmed)before me on 5c�,t'7 /f 2Q 1 5 (date) by ic (name of affiant).'He/She is rsonally known me or has produced as identification. (Type of identification) at►Y Notary Public State of Florida Pamela M Edwards �� (/ I _F My Commission FF 220296 74+a C. r L eo •• G0. Expires 05113f2019 NOTARY PUBLIC My commission expires: PROPOSAL FORM • 00110-Page 25 of 210 GATO BUILDING EXTERIOR PAINTING DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: per digit,q-eArnd} (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. Njwazze....1 • Proposer's Signature Date PROPOSAL FORM 00110-Page 26 of 210 ! _ GATO BUILDING EXTERIOR PAINTING LOCAL PREFERENCE FORM A.Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015, must complete this form. - Name of Bidder/Responder Xer1 rn R-2 den tfAt L DNA Date: 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 of request for bids or proposals? (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? (The physical business address must be regist ed as its principal place of business with the Florida Department of State for at least one year prior to t ecnotice of request for bid or proposal.) List Address: /a 3 /AJ b; T� ( )�• We' y U)e6 FL 3 3D b Telephone Number: ��r / 9 / 5311 274' 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? A.1D If yes, please provide: 1. Copy of Receipt of the 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's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) 9 3 /t)A,1e jtiko1 ,�,�30yD Tel. Number 305 1g713t// Address _ ak ' / o Print Name: V /6 Atie/AD Signature - • Title f Authorized Signatory for Bidder/Responder STATE OF Fib ie l G 9 COUNTY OF filo `t= On this /7 day of 0-e . , 20 / 5, before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced - as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: Print Name 4Yd . l,a(,/,, 4(. . 6-0.0." Notary Public State of Florida Pamela M Edwards c'f My Commission FF 220296 or,op� Expires 05/13/2019 • PROPOSAL'FORM 00110-Page 27 of 210 GATO BUILDING EXTERIOR PAINTING PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither /4 l7/fe � -'C/�hsCls�L (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) • Date: 9`// STATE OF: F/DE/dn __-- COUNTY OF: )7pm/9p ` Subscribed and sworn to(or affirmed)before me on the /-r day of s-eio7- 20 /7,by /Ara I /?'I f//V v (name of affiant).•He/She is personally known to me or has produced (type of identification)as identification. My Compton E press evert Notary Public State of Florida NOTARY PUBLIC Pamela M Edwards - oa My Commission FF 220296 'sop 0, Expires 05/13/2019 PROPOSAL FORM 00110-Page 28 of 210 GATO BUILDING EXTERIOR PAINTING SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w/area Fax: Cell: Address ,4 /� code b...44- Sett,„, -ei t 3 3.7-s881 - x-47,: g4k 6-it,I"Mr7 o3 & S A1)6, )s.a e, r), 3 a3 End of Section 00110 • PROPOSAL FORM .00110-Page 29 of 210 GATO BUILDING EXTERIOR PAINTING • PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury by Disease,each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Builder's Risk: Not Required Limits equal to the full replacement value of the complete project Vehicle Liability(Owned, non-owned, and hired vehicles) $100,000 Combined Single Limit If split limits are preferred: $50,000 per Person $100,000 per Occurrence $25,000 Property Damage Public Construction bond Not Required. Hold Harmless and indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 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 Contractor 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 INSURANCE REQUIREMENTS AND FORMS 00120-Page 40 of 210 GATO BUILDING EXTERIOR PAINTING 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. 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. C:f?Y1C,--141HPROPOSER Signat INSURANCE REQUIREMENTS AND FORMS 00120-Page 41 of 210 GAT• BU L* ING EXTERIO PAINTING 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 G-- enefa Lc i 4 6,oco pef pco.0{fc-r\oe-i- cr� ' ► I►�J N c)ne . t Liability policies are Occurrence Claims Made Rv \i nh( C C\ \ ,ns. UczAiLccA V 47}LigLaz5,4_- Insurance Agency • Signature End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00120-Page 42 of 210 GATO BUILDING EXTERIOR PAINTING INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES /04C 5q57137 7 —..!..---e--- Ii a Liability policies are X Occurrence 1 Claims Made A sjOil i\I CAA Ai C y No,,:kke ,, ..1 Insurance Agency / illature I . . End of Section 00120 i . . _ INSURANCE REQUIREMENTS AND FORMS 00120-Page 42 of 2i 0 • State of Flortda Department of State I certify from the records of this office that KENMAR GENERAL CONTRACTING, L.L.C., is a limited liability company organized under the laws of the State of Florida, filed on February 12, 2002. The document number of this company is L02000003631. I further certify that said company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on January 17, 2015, and its status is active: Given tinder my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventeenth day of January, 2015 4,9". ;. f:.:: N 4 - ',:1-t..1:41 ei,c•-•---.1 . ..',.:-:!-W---.. ...;.'§ 16e44 04:trotAy ���. Secretary of State Authentication ID:CC8327016549 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.su n biz.org/certauthver.html , 1 4 STATE OF FLORIDA • : r .'4. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION r'_4',----- - ' CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 ' � fi 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 MARINO, VICKI L KENMAR GENERAL CONTRACTING LLC 1075 DUVAL STREET C21 PMB 150 KEY WEST FL 33040 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 : STATE:OF FLORIDA -- from architects to yacht brokers,from boxers to barbeque restaurants, DEPARTMENT OF-BUSINESS AND and they keep Florida's economy strong.` -. PROFESSIONAL R GULATION .,- Every day we work to improve the waywe do business in order to < CGC15-21'633 a u -. 1 E13 a'06116l2014 ser�te (1 bet~ter. F©r�infom a#on abt oLlr.entices,please log onto ,`Nr y�` A ,, a = wvi wr_myflaridalicense.corn. There you can find more information . CERTIFIED GEN CObLTl i about our divisions and the regulations that impact you,subscribe ;f' ..MARINO,VIC(E3 X- -- to department newsletters and learn more about the Department's KENMAR:GENERAL ail: b lNG,f~•l_t initiatives. ? Our mission at the Department is: License Efficiently, Regulate Fairly. r ' We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, is'GERTIF:IEp:under:th&prbvision ofCh`:49s.E:S. and congratulations on your new license! '; Ev et-cc±b-riue3i20t6 _ Lt40s1e03o099a DETACH HERE. • RICK SCOTT, GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA:. ` ' - DEPARTMENT.OF BUSINESS AND.PROFESSIONAL REGULATION x r ir? , CONSTRUCTION INDUSTRY LICENSING BO.AR€3 4�'V `J FLICENSE-ANUME" Ai '.CGC162-1633 }r , `•i, The GENERAL CONTRACTORT', Named below'I.S CERTIFIED N.,4n� U.nderthe provisions of"Chapter4a9 FS. Expiration.date: AUG 31, 2016 Elk,- • ElMARINO,VICKI,L q ' KENMAR GENERAL CONTRACTING LLC y7, .,,; i3 400 ARONOV Z LAIE _ - ' �', , r- KEY VEST FL3040 ,i '"a ISSUED: 0614612014 DISPLAY AS REQUIRED BY LAW SEC/i# L1406160000996 To find out about business and economic opportunities !Or Florida veteran business enterprises,as well as Florida's small minority and • women-owned businesses,please contact or visit the Department u of Management Service's Office of Supplier Diversity at: =�• PP y?� brim://iuii'w.dms.ntt'floridu.com/oilier programvo%fice of supplier diversity osil To find out about State of Florida tools supporting statewide centralized procurement activities which have streamlined interactions between vendors and state government entities,please contact or visit the Departnien;of Manaaement Services'iviyFloridaMarketPlace . at: Mips://rendar.tnl'floridutnarketplace.com AC# 4 7 8757 IGNATURE • (For the protection of our professional license holders,this license contains hidden security features to prevent counterfeiting. Unauthorized reproduction is strictly prohibited and will be prosecuted to the fullest extent of the taw) The Department of Business and Professional Regulation(DBPR), issues licenses for many licensed businesses and practitioners in the State of Florida. DBPR is changing the way you interact with state government_ Many of DBPR's services are available online at www.;VlvFloridaLicense.com. We encourage you to utilize these services to make-address changes,licensing changes or to renew your license. Name changes require legal documentation verifying the name change,which must be mailed to the DBPR. An original,a certified copy or a duplicate copy Dian original or certified copy of a document that shows the legal name change will be accepted,unless the DBPR has a question about the authenticity of the document. If applicable,the DBPR will send a renewal notice to your last known address or email address of record, If you have not received your renewal notice,please call our Customer Contact Center at 850.487.1395 or online at www.MvFloridaLicense.comicontactus. Please refer to your profession's governing statutes and Administrative codes for further information regarding renewals. These may be accessed from our website. y AC# i �' ill s, I , ‘s: ,‘• J ; s " r (;- A /' k---) •• ' 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 KENMAR GENERAL CONTRACTING LLC Ct1Nbr : 0011862 Location Addr 923 WHITE ST Lic NBR/Class 15-00029895 CONTRACTOR - CERT GENERAL CONTRACTOR • Issue Date : September 26 , 2014 Expiration Date : September 30 , 2015 • License Fee $309 . 75 Add. Charges $0 . 00 Penalty $0 . 00 Total $309 . 75 opertKENBLO Typet tiC Dpat4ef-; ba'cet SY6/2_4 .31 Eece:pt nat Comments : 2015 ,f38St, JA LLC OULUM.LUAL fttNEWHL • • This document must be prominently-rAj_qpIyed. KENMAR GiNgfiaL CONTRAdTTNG KENMAR GENERAL CONTRACTING LLC ToE6ittqAet .u2'5/14fr 1075 DUAL ST C-21 PMB150 • KEY WEST FL 33040 .. ?ip', yl,'. �:v,isa" .y a r '' �1 t ��f 1 •)�'i c'-h y3 'GENERAL CONTRACTlNG0 ` :_'� ".7 `v 45' rlkY�.A '�5�,`, TG wayj. X • .. DESIGN,BU11D S1NCE=2002 _ _ . ; � ' ` r l c, r CQ,NTRACTOR: ,§^, � , , ,y , y aR ., „ ,fc KeitrnarGeneral Contracting,LLC r�*- { -a 2 L s v -v ,I.r ,may ,- � -� '? " Y ti I • llic_, Marino,President :i ' 4, ;a""'r' ;5- r :" -� ) l.Ja Wesley House (305)797 5344 ,,L`r� ,�"� . ,. ;, ,' ✓ k "'-1 Family Services vmarmo'@kenmargc.com arc 1 t 4. ; t4 1,1:4 '•-a t d .1. • ;m �'y Zg. V • t• L.wr., °UR Ka,.IS PRCMOT!NG ANOENHANUNG 1HE Self EnY,YeL"-9FJNG - { ,' ' 1 Y/Et T'•t -. f•' 71 A55O 55 tOOPNENf 0.CHILL]k'eN eYFOUCAiING.3UPPIXRING'ANO T 1 �aaa .r,.` yY jttY I.� j+`s' Xt' �, 11 31EETHG I/1E NEEDS GF f:J.IIUEi � ..,.ojEcT TITLE E " 4.t ti Wesley Howse Family Services Ya I 1 ='- ; Iris ▪ Headquarters Renovation t. �1 - d „a, 7 I, West;FL PROJECT DESCRIPTION • TYPE OF CONTRACT Kenmar General Contracting, LLC was contracted for the design/build Wesley House Design/Build Family Services Headquarters Renovation. Wesley House is located on Truman j Avenue in the Historic District of Key West, FL. Wesley House Family Services was .AWARD DATE I founded in the early part of the last century by the Methodist Church and is the .:09/14/2013 coordinating agency throughout the Florida Keys. Agency programs encompass all f I aspects of the dependency care system including family support and prevention • ORIGINAL COMPLETION DATE services for troubled families experiencing challenges and discord; full case management services when there is risk of harm to a child; foster and adoptive 0.1/24/2014 family recruitment, training and support services when it is necessary to remove a child from his or her family and the Healthy Families-Monroe program promoting FINAL COMPLETION DATE positive parent-child relationships for expectant and new families. 01/24/2014 Wesley House is one of only 1,300 social service organizations accredited by the CONTRACT AWARD AMOUNT prestigious international Council on Accreditation(COA). $1,000,058 Project Features &Renovations Included: V Design-Build Multi-Story Renovations FINAL CONTRACT AMOUNT ✓ 9,000 SF Office Building in the Historic District $1,000,058 ✓ Mezzanine for Storage ✓ Re-Designing the Reception/Lobby Area ✓ Enclosed Offices as well as System Offices for 45 Employees OWNER ✓ Renovated Conference Rooms&Restrooms Wesley House Family Services ✓ New Carpeting,Painting,Furniture&Lighting 1304 Truman Avenue ✓ New Storefront at the Main Entrance Key West, Florida ✓ New Interior Doors for the Offices V New Drywall POINT OF CONTACT ✓ New Electrical for the New Construction ✓ Retrofit the Mechanical Doug Blomberg,CEO(Ret.) • ✓ New Acoustic Ceilings (305)849-4922 ✓ New Upper&Lower Tie Beams Bryan Green,Chairman ✓ FF&E for 45 Offices Wesley House Family Services ✓ New 5,000 SF Parking Lot,all to current ADA Life Safety&Building • Codes (305) 849-4922 ARCHITECT Meridian Engineering • Rick Milelli (305)293-3263 t ,y T `` r , �-x a�+ r,if x iFF .t414 {Ni £` sy ., 4-1,1r4.. P -,a,,,,,..„,;,.„:„.„,,,,,,,,,.,,,,,,,,,,:,,,,...„A i,f,?� r ary -1 4`4.4, 4 . 4kp{. i,�j, , 6".�.a { � � tli *GENERAL CONTRACTING , ' , � � .= 71 Y,,3 X' _ i F J.A i,„ Q ,„y 7 yq Y .„ • .4 UESIGtt di BUILD..SINGE 200� ..� , t ra y ° r y 4 4 4 ` �x f w rM . - " ' , ;. : ' - " ; _VV , 1^" , CONTRACTOR: x x KermarGeneral Contracting,.LLC o-� 7 x 4 i p `;) ,, t t k I Es , r , : Vrctcr ,Nfariria,President. ; ,�7 � � ... (305).797-5344 i • .�--.,, _<74,4 ,,:c i f g,-1F�• vmarino(a kenrnargc.corn iNg.t.:41:F;f4tel:,.;„4:0;";;;,', .'..>"'I- i ..' . *,*Aier:Vig. .;!:'"..- .• - *4 ��t'VV4-.,..t-r5,-4.,_.; ; .,,, ",,,(4,.':•42.'L:', ' e-, -, i -,1;4-A-4",,,;._:17.• . . . P OJ"CT TITLE �' r 1. • , 1 s `- Desrgn/Build Exterior Hospital `.re`ff"'ice��i .`rg lfi,,a ` ;, f '.. r° it_� wr ,, t Renovanons e l�r f r sf/t F i �,• ' r t �i ✓/ ,!f r 2 � ; Naval Hosprtal. q r 4�x { ! Naval Air Station,Key West,Florida CONTRACT NUMBER PROJECT DESCRIPTION Kenmar General Contracting, LLC was contracted to Design-Build Exterior Hospital r.N6945.0-.11 C 4325 Renovations for the Naval Hospital, Naval Air Station, Key West, Florida. The project - includes exterior envelope repairs to the existing Key West medical facility including '°TYPEOF CONTRACT repairs to exterior stucco, soffits, gutters and downspouts, fascias, roof flashings and Design-Build Firm Fixed Price coatings, glazed entry curtain wall, re-glazing all windows, and exposed architectural wood timbers. Integrate sustainable strategies and features into the design to minimize the energy consumption of the facilities;conserve resources; minimize adverse effects to AWARD DATE the environment; and improve occupant productivity, health, and comfort to reduce the 08/01/2011 total cost of ownership of the project using a whole building, life-cycle approach. The design and construction shall incorporate sustainable design strategies and features to COMPLETION DATE the fullest extent possible,consistent with mission, budget and client requirements. - 11/02/2012 ; This work includes the Main Hospital, Energy Building and recoating the Historic Front Entrance element. Exterior repairs will be accomplished on this operational medical CONTRACT AWARD AMOUNT facility. The facility remained open and required detailed coordination with the Contracting Officer and Medical staff to accomplish repairs while maintaining access to $1,036,230 the site and facilities FINAL CONTRACT AMOUNT Key West Branch Clinic is a multifaceted facility that houses the Occupational Health, $1,079,287 Preventive Medicine, Aviation Medicine, Military Medicine, and Family Medicine Clinics, as well as SARP,The Key West Dental Clinic,The Veteran's Administration Clinic, and the local TRICARE offices.The Naval Branch Health Clinic Key West provides outpatient care OWNER I for all active duty military,their family members,as well as visiting foreign military service - NAVFAC SOUTHEAST members and their families. PWD Key West PROJECT RELEVANCY Key West,Florida 1 Design-Build Renovations&Alterations to an Occupied Facility V Sustainable Design Features ✓ Federal Project - ✓ Historic Renovation POINT OF CONTACT ✓ Coordination with CO and Medical Staff Mark Tipsord,Construction Manager Completed on Time and Within Budget V 51,000 Square Feet Phone: (305)7487451 V Re-glazing ofAll Windows Email: mark.tipsord@navy.mil V. Kenmar's innovative approach to safety entitled"Get Caught Doing Something Right" i • has been recognized by the NAVFAC SE construction team at NM Key West as an award innovative e program. - / *GENERAL CONTRACTING* :_' � } x, ` ", '.$' "i( _, '�' 1 , .4t i"a 7. ' .. .. ° �'"-'a�r,--I -'4'1 �..r"t �`' i • #, -spy; ' DESIGN• BUILD•'SINCE 2002 r F4x ,.f • . - el.-.,i �`: CONTRACTOR: '" + �. ., . Kenmar General Contracting,LLC •- - s` . '• ' •• ti Vicki Marino;President (30'5)797-5344 , ,+. , r vrriarinaC@kenmargc.com ily M • �- _ r 4„ ` ,), _ PROJECT TITLE: - '� :F --�Q' 'w, ' l j Noise Mitigation Program ,, + :` "', + f f r4 ,} Buffalo Niagara International Airport j „ pyy��( /If rp+�`} 4 r . , rl ;11,A . ' , -,` I • Bt:I alo,New York ,.r '� "-K �t�:. l �� 'f^F`, � '6 4qd' r 4^,:�G rT'n f f'-'�. 1. . , ^.�,;, < `` C, �r • Ii. -1 CONTRACT NU NIB ER z . , ' `' :j i t $ Project No.676 1 ', y �..; a s .� .=3 h+ .r� _'~ ,,. .�, TYPE OF CONTRACT 1_ , . Firm Fixed Price I PROJECT DESCRIPTION ` Kenmar General Contracting, LLC was contracted to renovate 75 privately AWARD DATE owned and occupied residences of various types and sizes surrounding the 10/12/2013 Buffalo Niagara International Airport. The overall objective of the Residential Sound Insulation Program is to achieve quantitative noise reductions in =. ORIGINAL COMPLETION DATE selected homes most affected by the aircraft operations to noise insulation 09/15/2014 decibel requirements. FINAL COMPLETION DATE The work included replacement of existing windows and doors; door weather - stripping, mechanical and electrical modifications. The scope of work on each 07/1.1/2014 home varied based on sound exposure levels, existing building conditions and homeowner requests among other design criteria. The work also included CONTRACT AWARD AMOUNT removal/demolition and installation of acoustical windows, acoustical doors; •. $2,496,452 - door frames; storm doors; hardware; glazing; interior wall/ceiling treatments; architectural woodwork (including finishes); and heating-ventilating-air FINAL CONTRACT AMOUNT conditioning. _ $2,496,452 Kenmar self performed all windows, doors; storm doors, architectural and OWNER mechanical-all scopes with the exception of electrical.This represented a total Niagara Frontier Transportation of 91% of the contract self performed by Kenmar General Contracting. This project included replacing 300 doors, and 700 windows as well as heating- Authority&FAA ventilating-air conditioning. Paul Pfieffer,Engineer . Phone: (716)855-7241 PROJECT RELEVANCY - Paul pfeiffer@nfta.com ✓ Completed Ahead of Schedule and Within Budget ✓ Installation of 700 New Energy Efficient Acoustical Windows Including POINT OF CONTACT Resistant Frames,Trims and Insulated Glass Eric Coomey,,Project Manager ✓ Replaced 300 Acoustical Doors g •. ✓ Removal of Existing Frames C&S Companies ✓ Privately Owned and Occupied Homes Direct:(315)263-6602 ✓ Kenmar Self-Performed 91%of the total work ecoomev@cscos.com q YT ,„ g ID) "GENERAL CONTRACTING' DESIGN: BUILDr.'SINCE2002; y `` ` ti> • CONTRACTOR: Frr Kennmrar General Contracting, LLC Vicki Marino, President r n� (3'05)797-5344 vmarino@kenmargc_com HOL T NAi RPOR1 SYSTEM PROJECT TITLE ;-HIAS Residential Noise Mitigation . :Program Houston Airport System Houston,Texas PROJECT DESCRIPTION Kenmar General Contracting, LLC was contracted to renovate 11 privately CONTRACT NUMBER owned and occupied residences of various types and sizes "surrounding the , Project No.676 Houston International Airport. The overall objective of the Residential Sound Insulation Program is to achieve quantitative noise reductions in qualified TYPE OF CONTRACT- homes most effected by aircraft operations. The program provides for the Firm Fixed Price.` improvement of openings in the exterior envelope using know technology and - quality workmanship. The proposed improvements will result in a total benefit AWARD DATE to the Homeowner. 11/05/2014 The work included replacement of existing windows and doors; door weather ORIGINAL COMPLETION DATE stripping, mechanical and electrical modifications. The scope of work on each 04/22/2015 home varied based on sound exposure levels, existing building conditions and homeowner requests among other design criteria. The work also included FINAL COMPLETION DATE removal/demolition and installation of acoustical windows, acoustical doors; 04/22/2015. .. door frames; storm doors; hardware; painting; glazing; interior wall/ceiling treatments; architectural woodwork (including finishes); and heating- ventilating-air conditioning. CONTRACT AWARD AMOUNT $579,872.77 Kenmar self performed all windows, doors, storm doors, architectural and mechanical-all scopes with the exception of electrical.This represented a total FINAL CONTRACT AMOUNT of 87%of the contract self performed by Kenmar General Contracting. $579,872.77 OWNER PROJECT RELEVANCY ✓ Completed Ahead of Schedule and Within Budget The City of Houston ✓ Installation of Energy Efficient Acoustical Windows Including Resistant Houston Airport Authority Frames,Trims and Insulated Glass Houston,Texas ✓ Installation of Acoustical Doors ✓ Removal of Existing Frames POINT OF CONTACT V Privately Owned and Occupied Homes Penny Merritt,Project Manager ✓ Kenmar Self-Performed 87%of the total work C&S Engineers, Inc. Phone:(281)775-4672,Ext.672 pmerritt@cscos.com - 00 1 'yy A, ! R 4af y:l fl i14 N i . .4 4,4 "`22Y\ i f 1 7 3 ^ ` 1tt \ " `� �9'y��` # ,GENERAL CONTRACTING '� ` : DESIGN BUILD..SINCE 2002 . • - • - x >. _ ' • .w . ..- - T 1J...." • i.�.err T. •.CIt.,j �f fez.?ti1�1 ¢ `3 t v- +;�"s r ;' a- r s3 k � , „ z -, _ a.1 r . CONTRACTOR: � r � Y� • l., t ` . t • ,ti �ertmar General Contracting,LLO tt ' ,`4. - I � 0.Y �- (- te' ,�- A r'. \ c . 9 c+� i -� , � -F r e,� � c V�ck�Manno;President. •('r t ,ail. �y /.J ,�' s o r i� 7t t ti-r. ., 't µ , 1 (305)• 5344 - T, NAVAL AIR'STATION %'A z vrn` ,,,.., �kenmar c.com aa•-!• 1t it" '5 3 ! Tatoms aNM X a t , • i �� � FiT'-i PROJECT`TITLE f _-•� ._ ��" Renovations to Distinguished Visitors •. �1P--.—.; _+ _ Quarters;Truman Annex Naval Air Station, Key West,Florida PROJECT DESCRIPTION .- ,_. ,.:., ;,, t-, CONTRACT NUMBER Kenmar General Contracting, LLC -'-'"" - "' f N694.50-12-C-4322 renovation included new entry doors, and -- fi ^` side lites with key card readers. Interior --- -- . • renovations included new kitchens, new -,, , :' `4. 7.7 TYPE OF CONTRACT floor tile, new drop ceilings and fixtures, ivii': t ` r I'l 4,-% .. 'Firm Fixed Price electrical, and complete interior painting }' .�.� d for the Visitors Quarters at Truman Annex, Gun' 2 . i. ,�...� � :- " 'AiNARD DATE � Key West,FL. ";-.i.• ..'' _, r 08/02/2012 Kenmar self performed all door work and ',4 e��,i'. cabinetry in the kitchen. `,� ORIGINAL COMPLETION DATE i� _r . , '.� 01/28/2013 PROJECT FEATURES � �� 4 . .✓ Renovations&Alterations to an -' . ` Z • Occupied Facility a. x .4.r FINAL COMPLETION DATE ✓ Sustainable Design Features •. 3. N " �? 01/11/2013 ✓ r ', Federal Project ✓ Completed on Time and Within Budget '. f CONTRACT AWARD AMOUNT , }° {• $188,166 • FINAL CONTRACT AMOUNT $188,166 I OWNER NAVFAC PWD Key West Key West,Florida POINT OF CONTACT Renee Mims,Contracting Officer Email: renee.s.mims@naw.mil (305)293-2357 -