Item C04FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
Danny L. Kolhage
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Monroe County Board of Commissioners
MAILING ADDRESS
1901 S. Roosevelt Boulevard, #106n
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
❑ CITY LdCOUNTY ❑ OTHER LOCALAGENCY
CITY COUNTY
Key West Monroe
NAME OF POLITICAL SUBDIVISION:
Monroe County, Florida, Dirtrict 1
DATE ON WHICH VOTE OCCURRED
July 19 , 2017
MY POSITION IS:
4 ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non - advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANYATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B - EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34- 7.010(1)(0, F.A.C.
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APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Danny L. Kolhage hereby disclose that on July 19 20 17
(a) A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
nured to the special gain or loss of my business associate,
nured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Agenda item C4: My step son -in -law, Raymond Vazquez, owner of Florida Keys Electric, is listed as a
subcontractor with the contract with D.L. Porter Constructors, Inc. for the Department of Juvenile Justice (DJJ)
Building renovation for relocation of the Sheriffs evidence room from Jackson Square. Contract amount is
$473,468.00. Funding is through one cent infrastructure sales tax.
by
which
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
July 21, 2017
Date Filed
S3 ib n \
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 86 - EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34- 7.010(1)(0, F.A.C.
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C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
July 19, 2017
Agenda Item Number: C.4
Agenda Item Summary #3112
BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities
TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429
None
AGENDA ITEM WORDING: Approval of a contract with D.L. Porter Constructors, Inc. for the
Department of Juvenile Justice (DJJ) Building renovation for relocation of the Sheriffs evidence
room from Jackson Square. Contract amount is $473,468.00. Funding is through one cent
infrastructure sales tax.
ITEM BACKGROUND: Monroe County is renovating the DJJ Building on Stock Island to
construct a new evidence locker in order to relocate the Monroe County Sheriffs' Office evidence
locker from the Jefferson B. Browne Building. An RFP was issued for proposals to perform the
renovations. Bids were opened on June 29, 2017 at the Monroe County Purchasing Office. D.L.
Porter Constructors, Inc. (Porter) was the lowest responsive responsible bidder. Due to the bid
opening date, Porter has not been able to provide an executed copy of the proposed contract for it to
be placed on the agenda by deadline. The contract signed by Porter will be supplemented to the AIS
on the revised deadline or it will be provided to the Clerk after BOCC approval.
PREVIOUS RELEVANT BOCC ACTION: 6/8/16 - BOCC approved a task order with William
Horn Architect for design of the evidence locker renovations. 9/11/16 — BOCC approved the project
funding and advertisement of an RFP to solicit proposals for this work.
CONTRACT /AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
DL Porter Proposal Submitted for DJJ Bldg. Renovation
BID TAB SHEET DJJ Bldg. Evidence Locker Renovation
DJJ Bldg. Evidence Locker Renovation DL Porter Contract
FINANCIAL IMPACT:
Effective Date: 7 -19 -17
Expiration Date: 11 -20 -17
Total Dollar Value of Contract: $473,468.00
Total Cost to County: $473,468.00
Current Year Portion: $473,468.00
Budgeted: yes
Source of Funds: 314
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No
Grant: No
County Match: No
Insurance Required: Yes
Additional Details:
If yes, amount:
Construction Cost of $473,468.00 to be spent between August, 2017 and November, 2017.
07/19/17 314 -24006 - GEN GOV PROJECTS FUND 31
CG1516
REVIEWED BY:
$473,468.00
Ann Mytnik
Completed
06/30/2017 11:24 AM
Cary Knight
Completed
06/30/2017 3:00 PM
Chris Ambrosio
Completed
06/30/2017 3:43 PM
Kevin Wilson
Completed
07/03/2017 10:53 AM
Budget and Finance
Completed
07/03/2017 10:59 AM
Maria Slavik
Completed
07/03/2017 11:15 AM
Kathy Peters
Completed
07/03/2017 1:16 PM
Board of County Commissioners
Pending
07/19/2017 9:00 AM
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Danny Kolhage, District 1
Heather Carruthers, District 3
Sylvia Murphy, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
Clerk of the Circuit Court Assistant County Administrator PW&E
Kevin Madok Kevin G. Wilson, P. E.
May 25, 2017
PREPARED BY:
Monroe County Project Management Department
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6
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item Description
1. Proposal Form
2. Bid Bond (Proposal Security)
3. Non - Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug -Free Workplace Form
6. Local Preference Form
7. Public Entity Crime Statement
8. Subcontractor Listing Form
9. Insurance Requirements and Checklist
10. Workers Compensation and Employers' Liability
11. General Liability
12. Vehicle Liability
13. Proposer's Insurance and Indemnification Statement
14. Insurance Agent's Statements
15. Contractor License:
A Current Copy to be submitted with Proposal.
Subcontractor Licenses to be Submitted Prior to
Award of Notice to Proceed.
23
26
27
28
29
30
31
32
33 -37
35
36
37
38 -39
40
1. In order to determine if the persons or entity submitting proposals are responsible, all
Proposals for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five percent (5 %) or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; if a solely owned proprietorship, names(s) of
owner(s). A copy of documentation demonstrating that the entity is a legally
viable entity shall be attached. See attached Profit Corp. Annual Report
B. A list of the officers and directors of the entity. See attached Profit Corp. Annual Report
PROPOSAL FORM 00120- Page 20 of 211
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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). See attached 'Relevant Experience"
D. The number of years the person or entity has operated under its present name
and any prior names. D. L. Porter Constructors, Inc. (19 years)
D. L. Porter Construction, Inc. (39 years)
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.)
YES NO X
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 able to obtain a
copy of the judgment or claim or locate the suit by location and case
number.)
YES NO X
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 able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES
LX N OEJ See attached
d. Has the person, principal of the entity, or its officers, owners, partners,
major shareholders or directors, ever initiated litigation against Monroe
County or been sued by Monroe County in connection with a contract to
provide services, goods or construction services? This specifically
PROPOSAL FORM 00120- Page 21 of 211
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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 able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES NO X
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. (If yes, provide details and
information about the failure to perform services or furnish goods that will
enable the Owner to thoroughly consider the matter.)
YES NO X
f. Customer references (minimum of three), including name, current
address and current telephone number. Credit References (minimum of
three), including name, current address and current telephone number.
See attached last.
g. Financial statements for the prior three (3) years. Please provide in a
separate sealed envelope for the Contractor's confidentiality, and clearly
label the envelope "CONFIDENTIAL" one (1) original copy.
( "Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a
road or any other public works project is exempt from F.S. 119.07(1) and
s.24(a), Art. 1 of the State Constitution. ")
PROPOSAL FORM 00120- Page 22 of 211
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PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIONTON STREET
ROOM 2213
KEY WEST, FLORIDA 33040
PROPOSAL FROM: D. L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, FL 34238
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
Ps -. , b JUSTICE
F D
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 /herself 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 /she has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he /she
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 Ease Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
Three Hundred Eighty -One Thousand Five Hundred Eighty -Two & 00 /100-------------------- - - - - -- Dollars
(Total Base Proposal- words)
$ 381,582.00
(Total Base Proposal — numbers)
PROPOSAL FORM 00120- Page 23 of 211
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I acknowledge Alternates as follows:
Alternate #1: Scope for Alternate Proposal is to include demolition of existing and, construction
and installation of new plumbing and electrical fixtures in area shown as the Limits for ADD Alt 1
on sheet A -2. Items such as HVAC work that is physically located in the limits of ADD alternate
1 as shown on drawings but is necessary for completion of work in Base Bid section shall be
included in the base bid.
Ninety -One Thousand Eight Hundred Eighty -Six & 00 /100 Dollars PM
(Cost in !lords)
( $91,886.00 )Dollars
Cost in Numbers
Unit prices, if any, are as follows: None
I acknowledge receipt of Addenda No.(s)
No. Dated
No. Dated
No. Dated
No. Dated
Proposer, states by his /her check mark in the blank beside the form and by his /her signature
that he /she has provided the following requirements (located in Section 00120):
1. Proposal Form
2. Proposal Security (Bid Bond)
3. Non - Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug -Free Workplace Form
6. Local Preference Form and requirements (if applicable)
7. Public Entity Crime Statement
8. Subcontractor List Form
9. Proposer's Insurance and Indemnification Statement
10. Insurance Agents Statement (signed by agent)
PROPOSAL FORM 00120- Page 24 of 211
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11. Answered Required Questions
12. Provided Customer References
13. Provided Three (3)- years of Financial Statements in separate envelope
14. Certified copy of Valid Florida Contractor's License
15. Current Monroe County Occupational License
Business
Name: D. L. Porter Constructors, Inc. DBA:
Business
EIN # 65- 0848440
Business Mailing
Address: 6574 Palmer Park Circle Address:
City, City,State
State, Zip Sarasota, FL 34238 ,Zip
Local
Phone: 941- 929 -9400 Phone: 305- 293 -2931
The physical business address must be registered as its principal place of business with the
Florida Department of State for at least one (1) year prior to the notice of request for bid or
proposal.
Date: LQ I aq `` Signed:
Witness:
Printed: C. Marshall White
Title: Vice President
. J
Kim McGinnis
PROPOSAL FORM 00120- Page 25 of 211
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DEPARTMENT OF JUVENILE JUSTICE REMODEL
BID (PROPOSAL) BOND
KNOW ALL MEN BY THESE PRESENTS, that we D.L. Porter Constructors, Inc.
6574 Palmer Park Circle, Sarasota, FL 34238
(Here insert name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company
175 Berkeley Street, Boston, MA 02116
(Here insert full name and address or legal title of Surety)
ssachusetts
a corporation duly organized under the laws of the State o as Surety, hereinafter called
the Surety, are held and firmly bound unto Monroe County Board of County Commissioners,
1100 Simonton Street, Room 2 - 213, Key West, FL 33040
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of F ive Percent of Amount Bid Dollars
($ 5% amt bid ) , for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Department of Juvenile Justice Remodel
Stock Island, FL,
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect. Any action instituted by a claimant under this bond must be in accordance with the
notice and time limitations provisions in Section 255.05(2), Florida Statutes.
Signed and sealed this 19th day of June, 2017.
D.L. Porter Constructors, Inc.
(Principal) (Seal)
(Witness)
c . , - A
(Title) Vice President C. Marshall White
Liberty Mutual Insurance Company
(Surety) '!`'> (Seal)
(Witness) Brandy Baich •�� ,
r a
(Title) Eileen C. Heard, Attorney -in -fact and
Florida Licensed Resident Agent
PROPOSAL FORM c/o Wlllls of Florida, Inc. 00120- Page 26 of 211
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Incuiries: (813) 281 -2095
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THI - — This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7368917
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
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KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Anett Cardinale; Brandy L. Baich; David H. Carr; Eileen C. Heard; Margaret A. Ginem
all of the city of Tampa state of FL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this lath day of May 2016
ANC c t ` { lrs, s ,, NS American Fire and Casualty Company
A ,,; U q Q t , The Ohio Casualty Insurance Company
r f U T c Liberty Mutual Insurance Company
`a 1906 a o 1979n 1912 ° 1991
x o x av West American Insurance Company
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STATE OF PENNSYLVANIA ss David M. Careyr Assistant Secretary
COUNTY OF MONTGOMERY
On this 18th day of May 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first abo
we ve
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{ x y Teresa Pastella, Notary Public g
OF Plymouth Two., Montgomery County Teresa Pastella, Notary Public
My Commission Expires March 28, 2017
�'pr lgy�G Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set f orth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked.
f
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1� day of 20 — L::) .
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SECTION 00120
NON - COLLUSION AFFIDAVIT
C. Marshall White of the city Sarasota
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am Vice President
of the firm of D. L. Porter Constructors, Inc.
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
Monroe County Department of Juvenile Justice Remodel
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
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 i of said project.
a A June 29, 2017
(Signature of Proposer) (Date)
STATE OF: FLORIDA
COUNTY OF: SARASOTA
PERSONALLY APPEARED BEFORE ME, the undersigned authority, C. Marshall White
who, after first being sworn by me, (name of individual signing) affixed his /her signature in the
space provided above.
on this - ,�cA _ day of uk'y�G- , 20 17
My commission expires:
February 24, 2019
PROPOSAL FORM 00120- Page 27 of 211
KIM MCGINNIS
NOTARY
COMMISSION_ # FF203112
• PUBLIC
EX PIRES Feb 24, 2019
1 STATE OF
FLORIDA
BONDED THROUGH
RU INSURANCE COMPANY
PROPOSAL FORM 00120- Page 27 of 211
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4-1 Ifflif
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO, 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
D. L. Porter Constructors, Inc.
(Company)
warrants that he /it has not employed, retained or otherwise had act on his /its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee ".
(Signature) C. Marshall White, Vice President
Date:
STATE OF: FLORIDA
COUNTY OF: SA RASOTA
Subscribed and sworn to (or affirmed) before me o
by C. Marshall White
or has produced
My commission expires: February 24, 2019
KIM MCGINNIS
N OTAR Y c COMMISSION # FF203112
NOTARY PUBLIC
PUBLIC C E XPIRES Feb 24, 2019
Kim McGinnis
STATE OF
(FLORIDA) BONDED THROUGH
My commission expires: February 24, 2019
KIM MCGINNIS
N OTAR Y c COMMISSION # FF203112
PUBLIC C E XPIRES Feb 24, 2019
STATE OF
(FLORIDA) BONDED THROUGH
1 94W RLI INSURANCE COMPANY
(name of affiant). He /She is ersonally known to me
as identification. (Type of identification)
PROPOSAL FORM 00120- Page 28 of 211
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DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
D. L. Porter Constructors, Inc.
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
C
Proposer's Signature
Date
ch
a.
M
0.
PROPOSAL FORM 00120- Page 29 of 211
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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 D. L. Porter Constructors, Inc.
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector
dated at least one (1) year prior to the notice of request for bids or proposals? Yes (Please
furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the goods
or services being offered to Monroe County? Yes
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1) year prior to the notice of request for bid or proposal.)
List Address: 471 US Highway 1, Suite 102, Big Coppitt Key, FL 33040
Telephone Number:
305- 293 -2931
B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location? Yes
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one (1) 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 (1) year prior to the notice of request for bids or proposals)
Address
Signature and Title of Authorized Signatory for
Bidder /Responder
STATE OF FLORIDA
Tel.Number
Print Name: C. Marshall White
Vice President
COUNTY OF SARASOTA
On this �q — day of � .. 20 17 , before me, the undersigned notary public,
personally appeared C. Marshall White known tom o 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 reference For f the urposes therein contained.
My commission expires: February 24, 2019
Print Name
Kim McGinnis
Date: 6/29/17
PROPOSAL FORM 00120- Page 30 of 211
KIM MCGINNIS
TARS
COMMISSION # FF203112
NO_
PUBLIC ;
EXPIRES Feb 24, 2019
STATE OF
FLORIDA
BONDED THROUGH
- Iudw -
RU INSURANCE COMPANY
PROPOSAL FORM 00120- Page 30 of 211
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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 C, Marshall White
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty -six (36) months.
(Signature) C. Marshall White, Vice President
Date: .J LAS ,C. "I } —Qc E`1
STATE OF: FLORIDA
IRE
COUNTY OF: SARASOTA
�} `
Subscribed and sworn to (or affirmed) before me on the Jq day of
20 17 by C. Marshall White
mown to m or has produced
identl Ication) as identification.
M Commission Expire .: February 2 2019
NOTARY PUBLIC Kim McGinnis
KIM MCGINNIS
NOTARY C
COMMISSION # FF203112
PUBLIC ;
EXPIRES Feb 24, 2019
STATE OF
�FLORIDA
BONDEDTHROUGH
`tV'
RLI INSURANCE COMPANY
(name of affiant). He /She is ersonall
(type of
PROPOSAL FORM 00120- Page 31 of 211
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p w F� l e„e, g ..�' • 2.. f.., t o 3, ... ...... 4.,.
Division Subcontractor Contact Person Ph # w /area code Fax: Cell: Address
Electrical Florida Keys Electric Raymond Vazquez (305) 296 -4028 (305) 296 -9283 (305) 797 -1794 5730 2nd Ave
Key West, FL 33040
Plumbing Gary's Plumbing & Fire Gary Centonze (305) 296 -6013 (305) 292 -4978 (305) 797 -1062 6409 2nd Terrace, #1
Key West, FL 33040
PROPOSAL FORM 00120- Page 32 of 211
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SECTI 00 130
` !� • ° •
General Insurance Requirements for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre- staging of
personnel and material), the Contractor shall obtain, at his /her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub - Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre- staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self- insured retentions that may
be contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
Certificate of Insurance or
A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 33 of 211
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The acceptance and /or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County -owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 34 of 211
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes and the requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 211
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GENERAL
-7
INSURANCE Q.
FOR
CONTRACT: DEPARTMENT OF JUVENILE JUSTICE REMODEL
BETWEEN
MONROE COUNTY, FLORIDA
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
® Premises Operations
® Products and Completed Operations
® Blanket Contractual Liability
® Personal Injury Liability
The minimum limits acceptable shall be:
$500,000 Combined Single Limit
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County. Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 211
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lip
VEHICLE
INSURANCE REQUIREMENTS
FOR
WEPARTMENT OF JUVENILE JUSTICE REMODEL
BETWEEN
j MIAONROE COUNTY FLORID
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
Owned, Non- Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 211
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PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Statutory Limits
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee
$500,000 Combined Single Limit
Vehicle Liability (Owned, non - owned, and hired vehicles) $300,000 Combined Single Limit
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida.
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). The monetary limitation of liability under this
contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event 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 shall indemnify the County from any and all increased expenses resulting from
INSURANCE REQUIREMENTS AND FORMS 00130- Page H of 211
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°, • �� �. V I 1 2 � ,
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
D. L. Porter Constructors, Inc.
15606 C
C
Signature C. Marshall White, Vice President
INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 211
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fti''J
DEPARTMENT OF JUVENILE JUSTICE
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
Colony General Liability
$2,500 Bodily Injury/Property Damage
Colony Excess Liability
Old Dominion Commercial Auto
Liability policies are X Occurrence
Bouchard Insurance
Insurance Agency
No deductible
No deductible on liability
Claims Made
Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS
00130- Page 40 of 211
4 ;Inn ;oea ;uoo 10 lenoaddV : Z��C) uol ;enouab • ffa aol pe ; ;!wgnS lesodoad aa:lod -1a : ;uauayoe ; ;V
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395
oVa 2601 BLAIR STONE ROAD
TALLAHASSEE FL 32399 -0783
LOER, GARYALAN
D L PORTER CONSTRUCTORS INC
6574 PALMER PARK CIRCLE
SARASOTA FL 34238
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque
restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order
to serve you better. For information about our services, please
log onto www.myfloridalicense.com. There you can find more
information about our divisions and the regulations that impact
you, subscribe to department newsletters and learn more about
the Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate
Fairly. We constantly strive to serve you better so that you can
serve your customers. Thank you for doing business in Florida,
and congratulations on your new license!
A t 5 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CGCA51066 ISSUED: 08/28/2016
CERTIFIED GENERAL CONTRACTOR
LOER, GARYALA1
D L PORTER CONSTRUCTORS;INC
IS CERTIFIED under the provisions of Ch.489 FS.
Expiration date : AUG 31, 2018 L1608280003472
DETACH HERE
RICK SCOTT, GOVERNOR
KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
LICENSE NUMBER
1.
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2018
LOER, GARYALAN
D L PORTER CONSTRUCTORS INC
6574 PALMER PARK CIRCLE.
SARASOTA FL 34238
❑ L 11 03 �•�;
ISSUED: 08/28/201 - - - DISPLAY AS REOUIRED BY LAW SEQ # L1608280003472
- - - - - - -- - -- - - - - - -- - - - - - -- - - - - - --
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2016 / 0'
M ONROE COUNTY BUSINESS TAX RECEIP
E XPIRES . E 1 20
Business Name: D L PORTER CONSTRUCTORS INC
RECEIPT# 30140 -60602
Owner Name: GARY A LOER
Mailing Address:
471 US HWY I STE 102
KEY WEST, FL 33040
471 US HWY 1 STE 102
Business Location: KEY WEST, FL 33040
Business Phone: 941 - 929 -9400
Business Type: CONTRACTOR (GENERAL CONTRACTOR
CGCO51066)
Employees �0
STATE LICENSE: CGCA51066
Tax Amount
Transfer Fee
Sub -Total
Penalty
Prior Years
Collection Cost
Total Paid
- 50.00
0.00
50.00
1 0.00 1
0.00 1
0.00
50.00
Paid 000 -15- 00022132 09/22/2016 50.00
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND /OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
MONR ®E COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041 -1129
EXPIRES SEPTEMBER 30, 2017
Business Name: D L PORTER CONSTRUCTORS INC RECEIPT# 30140 -60602
471 US HWY 1 STE 102
Business Location: KEY WEST, FL 33040
Owner Name: GARY A LOER
Mailing Address: Business Phone: 941- 929 -9400
471 US HWY I STE 102 Business Type: CONTRACTOR (GENERAL CONTRACTOR
KEY WEST, FL 33040 CGCO51066)
Employees 20
STATE LICENSE: CGCA51066
Tax Amount
Transfer Fee
Sub -Total
Penalty
Prior Years
Collection Cost
Total Paid
50.00
0.00
50.00 1
0.00
1 0.00
1 0.00
50.00
Paid 000 -15- 00022132 09/22/2016 50.00
- ----------
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This Document is a business tax receipt {(L
Holder must meet all City zoning and use provisions. ',w
P.O. Box 1409, Key West, Florida 33040 (305) 809 -3955 �,
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Business Name D.L. PORTER CONSTRUCTORS, INC. Ct1Nbr:0004032 .
a
Location Addr 471 US HIGHWAY 1 102
Lic NBR /Class 17- 00032058 CONTRACTOR - CERT GENERAL CONTRACTOR
Issue Date: October 24, 2016 Expiration Date:September 30, 2017
License Fee $357.50
Add. Charges $0.00
Penalty $32.50
Total $357.50
Comments:
This document must be prominently displayed.
D.L. PORTER CONSTRUCTORS, INC.
D.L. PORTER CONSTRUCTORS, INC.
471 US HWY 1, STE 102
KEY WEST FL 33040
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20-- _ __ _ _® _ _ _
DOCUMENT# P98000042047 Apr 2E, 2017
Entity Name: D. L. PORTER CONSTRUCTORS, INC. Secretary of State
Current Principal Place of Business: CC7735606931
6574 PALMER PARK CIR
SARASOTA, FL 34238
Current Mailing Address:
6574 PALMER PARK CIR
SARASOTA, FL 34238
FEI Number: 65- 0846440 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
WHITE, C. MARSHALL
6574 PALMER PARK CIRCLE
SARASOTA, FL 34238 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer /Director Detail
Title VP
Name WHITE, C. MARSHALL
Address 6574 PALMER PARK CIR
City- State -Zip: SARASOTA FL 34238
Title P
Name LOER, GARY A
Address 6574 PALMER PARK CIR
City- State -Zip: SARASOTA FL 34238
Title S
Name JEWELL, PAULETTE
Address 6574 PALMER PARK CIRCLE
City- State -Zip: SARASOTA FL 34238
Title T
Name WHITE, C. MARSHALL
Address 6574 PALMER PARK CIRCLE
City- State -Zip: SARASOTA FL 34238
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: PAULETTE JEWELL SECRETARY 04/28/2017
Electronic Signature of Signing Officer /Director Detail Date
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A Compliance Segment #'s 1 & 2
32 Monroe County Public Facilities
* Monroe County, FL ($673,203)
Monroe County Board of Cty Commissioners
K2M Design
Key West, FL
Adderley House Renovation
Tabby Concrete Repairs
* Monroe County, FL ($108,943.00)
Aids Memorial Addition
Granite Memorial Bench
* Key West, FL ($159,000)
Ash Transfer Center
* Key West ($854,041)
Big Coppitt Fire Facility
* Big Coppitt Key, FL ($1,043,000)
Buguebus Ferry Terminal
* Key West, FL ($2,261,997)
Courthouse Annex Renovation
* Key West, FL ($584,484)
Crawl Ivey Fire Training Addition
* Crawl Key, FL ($54,860)
Department of Homeland Security
* Key West, FL ($2,545,711)
FL, Keys Mosquito Control Hangar
* Key West, FL ($7,545,222)
Florida Keys Land & Sea Trust
Bender & Associates Architects
Marathon, FL
Monroe County Board of Cty Commissioners
mbi -k2m Architecture, Inc.
Key West, FL
City of Key West
Key West, FL
Monroe County Board of Cty Commissioners
Morrison/Knudsen Gerrits
Key West, FL
City of Key West
Peter Pike & Associates
Key West, FL
Monroe County Board of Cty Commissioners
Gonzalez Architects
Key West, FL
Monroe County Board of Cty Commissioners
Key West, FL
Key West GSA, LLC
Tampa, FL
RMJ Architects
Tampa, FL
FL Keys Mosquito Control District
Thomas E. Pope, P.A.
Key West, FL
Fort Village & Robert Gabriel Housing Housing Authority of the City of Key West
Complex (Doors & Windows Replacement) Key West, FL
12 Bldgs
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* Key West, FL ($570,453)
Freeman Justice Center Drug Court
Renovations
* Key West, FL ($512,998)
Gato Bldg. Interior Renovation
* Key West, FL ($1,812,444)
Gato Bldg. Exterior Restoration
(Historic Preservation)
* Key West, FL ($4,027,200)
Ivey West Bight, Public Restrooms
" Key West, FL ($246,000)
Ivey West Customs Mouse MEP & FP
* Key West, FL ($330,379)
Ivey West Fire Station #2
* Key West, FL ($6,326,649)
Ivey West IIistorie Seaport, Phase I
* Key West, FL ($553,172.54)
Ivey West International Airport
Baggage Claim Mall Renovations
* Key West, FL ($1,044,404)
Monroe County Board of Cty Commissioners
Currie Sowards Aguilla Arch.
Delray Beach, FL
Florida Department Of Health
Bender & Assoc., Architects
Key West, FL
Monroe County Board of Cty Commissioners
Bender & Assoc., Architects
Key West, FL
City of Key West
Gonzalez Architects
Key West, FL
Key West Art & Historical Society
Bender & Associates
Key West, FL
City of Key West
MBI / K2M
Key West, FL
City of Key West
Bender & Associates
Key West, FL
Monroe County Board of Cty Commissioners
Key West, FL
Jacobs
Miami, FL
Ivey West International Airport Monroe County Board of Cty Commissioners
Hanaar Development, Taxiways & Aprons Key West, FL
URS Corporation
* Key West, FL ($3,431,000) Miami, FL
Key West International Airport
Addition & Renovation
* Key West, FL ($3,629,050)
Ivey West International Airport
Generator w/Building
Monroe County Board of Cty Commissioners
Key West, FL
Gonzalez Architects
Key West, FL
Monroe County Board of Cty Commissioners
Key West, FL
URS Corporation
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* Key West, FL ($270,650) Miami, FL
Key West International Airport Monroe County Board of Cty Commissioners
Miscellaneous Improvements Key West, FL
URS Corporation
* Key West, FL ($198,000) Miami, FL
Fester Building Enclosure Monroe County Board of Cty Commissioners
Gonzalez Architects
Key West, FL ($319,796) Key West, FL
Little Harnaca Park City of Key West
Key West, FL
Key West, FL ($149,780)
Mallory Square IZestroorn City of Key West
Gonzalez Architects
* Key West, FL ($224,173) Key West, FL
Mallory Square Seawall & Plaza City of Key West
and Sculpture Garden Gonzalez Architects
* Key West, FL ($2,900,000) Key West, FL
Marathon Airport Sheriffs Flan2ar Monroe County Sheriff's Office
Simulator Classroom Monroe County Board of Cty Commissioners
* Marathon, FL ($103,779) Marathon, FL
Manatee County Detention Facility Manatee County Board of Cty Commissioners
Centex Rooney Constr. Co.
* Port Manatee, FL ($3,480,000) Lake City, FLP
Marathon Diesel General Florida Keys Electric Coop
Generating Plant Marathon, FL
* Marathon, FL ($862,000)
Marathon Ilanaar Building Monroe County Board of Cty Commissioners
Key West, FL
* Marathon Key, FL ($374,980) Rosenblatt- Naoeri Associates
Summerland Key, FL
Monroe County Detention Monroe County Board of Cty Commissioners
Facility -Key Vest Key West, FL
* Concrete Pkg. ($1,071,286) Morrison- Knudsen /Gerrits
* Masonry Pkg. ($1,079,555) Construction Managers
Monroe County Detention Monroe County Board of Cty Commissioners
Facility- Foundation Pka. Key West, FL
Hansen Lind Meyer
* Key West, FL ($506,103) Orlando, FL
Monroe County Detention Monroe County Board of Cty Commissioners
Sheriffs headquarters Morrison - Knudsen Gem'ts
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* Key West, FL ($3,472,000)
Monroe County Library
* Key West, FL ($652,773)
Monroe County Public Service Facility
Asbestos Abatement Demolition
* Key West, FL ($429,339)
Monroe County Sheriffs HanjZar
Marathon Airport
* Marathon, FL ($1,569,414)
Monroe Sheriffs Substation &
Tax Collector's Offices
* Marathon, FL ($733,000)
Naval Air Station
Repairs & Alterations A -149
* Key West, FL ($1 13,700)
Naval Air Station
Addition to Rld2 A1019
* Key West, FL ($120,806)
Naval Air Station- Indoor
Racquetball Courts
* Key West, FL ($142,715)
Old Mariner's Hospital Renovation
Plantation Ivey Sheriffs Substation
* Key West, FL ($3,015,400)
Park and Ride Parldna Garage
* Key West, FL ($3,597,557)
Public Service Facility
Fire Station #1 Phase I
* Key West, FL ($2,027,000)
Key West, FL
Monroe County Board of Cty Commissioners
Thomas E. Pope, AIA
Key West, FL
Monroe County Board of Cty Commissioners
Key West, FL
Monroe County Board of Cty Commissioners
URS Corporation
Miami, FL
Monroe County Board of Cty Commissioners
Bender & Associates Architect
Key West, FL
United States Navy- SOUTFIDIV
Key West, FL
United States Navy- SOUTHDIV
Key West, FL
United States Navy- SOUTHDIV
Key West, FL
Monroe County Board of Cty Commissioners
Bender & Associates Architect
Key West, FL
City of Key West
Key West, FL
City of Key West
Key West, FL
Gonzalez Architects
Key West, FL
Public Service Facility City of Key West
Police Station — Phase II Key West, FL
Gonzalez Architects
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* Key West, FL ($4,230,038)
Retail Store Expansion
201 William St.
* Key West, FL ($122,796)
Roof Canopy at SWT'E
* Key West, FL ($82,025)
Senior Citizens Plaza Concrete Repair
* Key West, FL ($7,841,206)
H20 Hotel (fka Spindrft)
* Key West, FL ($ )
Studios of Key West, PH 1 & 2
* Key West, FL ($1,737,181 —PH 2)
($675,193 —PH 1)
West Martello Public Restrooms
* Key West, FL ($159,900)
Savannah, GA
City of Key West
Key West, FL
Peter Pike Architect
Key West, FL
City of Key West
CH2M Hill, Architect
Gainesville, FL
Housing Authority of the City of Key West
Wiss, Jenney, Elstner Assoc.
Northbrook, IL
Casa Marina -1220 Simonton St., LLC
Peter Pike Architect
Key West, FL
The Studios of Key West Inc.
Michael Miller Architect
Key West, FL
Monroe County Board of Cty Commissioners
Key West, FL
William P. Horn Architect
Key West, FL
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CD
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Ci on a Saiicl Faundafea'I a
16 E.c.
June 29, 2017
Monroe County Board of County Commissioners
1100 Simonton Street, Room 2 -213
Key West, FL 33040
RE: Department of Juvenile Justice Remodel
Stock Island, Monroe County, FL
Litigation Summary
D.L. Porter Constructors, Inc. hereby acknowledges that it had a pending
litigation with the Florida Keys Mosquito Control District and 1800 Atlantic
Homeowners Association, Inc. both of which have been resolved.
C. Marshall White, Vice President
6514 Palmer Pail, Circle, Sarasota, Florida 34238 [V Office (941) 929 -9490 Fax (941) 929 -9500
diporter.com
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Innova on a Sol Foundation
16E.f.
CUSTOMER REFERENCES
Name Address Phone
William P. Horn, Architect 915 Eaton Street (305) 296 -8302
ATTN: Bill Horn Key West, FL 33040
El Rancho Motel 830 Truman Ave. (305) 304 -8140
ATTN: Tejas Soni Key West, FL 33040
Gonzalez Architects 14 NE First Avenue, Suite 909 (305) 455 -4216
ATTN: Jose Gonzalez M 33132
Bender & Associates 410 Angela St. (305) 296 -1347
ATTN: Bert Bender Key West, FL 33040
CREDIT REFERENCES
Name Address Phone
Power Air Conditioning, Inc. 1525 N. Osprey Ave. (941) 362 -8801
ATTN: Bob Castiglione Sarasota, FL 34236
Bella Construction of KW Inc. 35 Diamond Dr. (305) 292 -9888
ATTN: Eddie Braswell Key West, FL 33040
3C Construction Corporation 3601 NW 55th St, Suite 201 (305) 638 -5511
ATTN: Orlando Casariego Key West, FL 33040
Douglas H. Kresge LLC 1915 11th St. (941) 376 -1580
ATTN: Doug Kresge Sarasota, FL 34236
D.L. Porter Constructors, Inc.
6574 Palmer Parlc Circle, Sarasota, Florida 34238 LJ Office (941) 929 -9400 Fax (941) 929 -9500
d?paorter.com
BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: JUNE 29, 2017 AT 3:00 PM
TITLE: DEPARTMENT OF JUVENILE JUSTICE REMODEL
MONROE COUNTY, FLORIDA
RESPONDENT
BID BOND
BID AMOUNT
D.L. Porter Constructors, Inc.
5%
Base: $381,582.00 Alternate: $91,886.00
Pedro Falcon Contractors, Inc.
5%
Base: $486,000.00 Alternate: $70,500.00
Bid Committee Present N/A
Members of the Public Present Kathleen Smith (Pedro Falcon Contractors), Robert Blanchard (D.L. Porter Constructors)
4-
0
0
L
a
a
a
N
M
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened By: Lisa Abreu, OMB
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DEPARTMENT OF JUVENILE JUSTICE REMODEL
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Nineteenth Day of July Two Thousand and Seventeen
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: DL Porter Constructors, Inc.
6574 Palmer Park Cir.
Sarasota, FI 34238
For the following Project: DEPARTMENT OF JUVENILE JUSTICE REMODEL
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Drawings and Specifications. 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,
equipment, supplies, permits and any other means of construction necessary or proper
for performing and completing the Scope of Work, unless otherwise specifically stated.
Contractor's scope of work is to demolish interior walls and detention cots as shown in
plans and construction of new walls and infill existing interior windows. Contractor is to
provide and install new doors and relocate existing lighting in lobby and entry area. The
existing toilets with sinks and cell's cots are to be removed. The reconfigured space is to
include new handicap bathroom, janitor closet, break room, lobby, and entry vestibule.
The existing HVAC system is to remain. HVAC vents are to accommodate new interior
walls. Provide and install new exhaust in the evidence storage and dry storage as shown
on plans. Contractors work will take place in an interior secure envelope. Contractor will
be required to abide by Department of Juvenile Justice security requirements, clean
jobsite and access routes, and haul away debris at the end of each day. Contractor is
required to move Dryer in existing space to new location identified by Department of
Juvenile justice next to existing washing machine, contractor will be required to cut hole
in concrete fire rated floor, and reseal for Dryer exhaust (not shown in drawings).
AGREEMENT Page 1 of 51
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DEPARTMENT OF JUVENILE JUSTICE REMODEL
Scope for Alternate Proposal is to include demolition of existing and, construction and
installation of new plumbing and electrical fixtures in area shown as the Limits for ADD
Alt 1 on sheet A -2. Items such as HVAC work that is physically located in the limits of
ADD alternate 1 as shown on drawings but is necessary for completion of work in Base
Bid section shall be included in the base bid.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: NIA
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
Ninety (90) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed
in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
AGREEMENT Page 2 of 51
FIRST
SECOND
31ST DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under $50,000.00
$50.00IDay
$100.00IDay
$250.00IDay
$50,000.00- 99,999.00
100.00IDay
200,001Day
750.00 /Day
$100,000.00- 499,999.00
200.00 /Day
500.00IDay
2,000.00 /Day
$500,000.00 and Up
500.001Day
1,000.00 /Day
3,500.00IDay
AGREEMENT Page 2 of 51
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DEPARTMENT OF .JUVENILE JUSTICE REMODEL
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Four hundred seventy three thousand four hundred
sixty eight and 001100 Dollars ($473,468.00), where contract sum includes the
acceptance of alternate 1, subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
Alternate #1: Scope of the alternate proposal is to include demolition of existing and
construction and installation of new plumbing and electrical fixtures in area shown as
the limits for ADD Alt 1 on sheet A -2 Items such as HVAC work that is physically located
in the limits of ADD Alt 1 as shown on drawings but is necessary for completion of work
in the base bid shall be included in the base bid.
Ninety one thousand eight hundred eighty six and 00 1100 dollars
(Cost in Words)
$( 91.886.00 )
4.3 Unit prices, if any, are as follows:
None
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5,2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows;
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
AGREE=MENT Page 3 of 51
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DEPARTMENT OF JUVENILE JUSTICE REMODEL
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values
shall allocate the entire Contract Sum among the various portions of the Work and be
prepared in such form and supported by such data to substantiate its accuracy as the
Director of Project Management may require. This schedule, unless objected to by the
Director of Project Management, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of ten percent 10 %. Pending final determination of cost to the
Owner of changes in the Work, amounts not in dispute may be included in Applications
for Payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be the net
cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
change Request, as indicated in the corresponding line item in the Approved Schedule
of Values for that line item as confirmed by the Director of Project Management. When
both additions and credits covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be figured on the basis of net
increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
Conditions.
5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735
(8)(b), Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 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
AGREEMENT Page 4 of 51
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DEPARTMENT OF JUVENILE JUSTICE REMODEL
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
than twenty (20) days after the issuance of the final approval for payment. The following
documents (samples in section 01027, Application for Payment) 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 CDIDVD 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.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities,
of the General Conditions.
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.
AGREEMENT Page 5 of 51
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DEPARTMENT OF JUVENILE JUSTICE REMODEL
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 repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
thirty -six (36) months from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of
the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the County or Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid
to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent
of this Agreement. The County and Contractor agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against
AGREEMENT Page 6 of 51
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the non - prevailing party, and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it
has had ample opportunity to submit this Contract to legal counsel of its choice and
enters into this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida
law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Nondiscrimination. The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. The parties agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
§§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on
AGREEMENT Page 7 of 51
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the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
§§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal
or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
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.
Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation /Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
AGREEMENT Page 8 of 51
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The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess
the requested records, the County shall immediately notify the Contractor of
the request, and the Contractor must provide the records to the County or
allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119. 10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
AGREEMENT Page 9 of 51
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE## 306 - 292 -3470 BRADLEY -
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self - insurance
coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
p) Privileges and immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it
be construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute,
and case law.
r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug -Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
AGREEMENT Page 10 of 51
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of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless 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). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the
term of this Agreement or any earlier termination of this Agreement.
In the event 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 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.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
AGREEMENT Page 11 of 51
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with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
Contractor agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with applicable federal and
state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in award and
performance of contracts, entered pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any
or all of the work in this project to any third party, the Contractor specifically agrees
to identify the COUNTY as an additional insured on all insurance policies required by
the County. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
7.7 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: Marshall White 941 - 929 -9400
DL Porter Constructors Inc.
6574 Palmer Park Circle
Sarasota F134238
For Owner: Director of Project Mana ement Assistant County Administrator,_PW & E
1100 Simonton St., Room 2 -216 1100 Simonton St
Key West, Florida 33040 Key West, Florida 33040
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
AGREEMENT Page 12 of 51
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a) Drawings: none
b) Project Manual: Dated May 2017
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1 .3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: May 2017
9.1.4 The Addenda, if any, are as follows:
Number Date Page
This Agreement is entered into as of the day and year first written above and is executed in at
least three (3) original copies of which one (1) is to be delivered to the Contractor.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
AGREEMENT Page 13 of 51
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Execution by the Contractor must be by a person with authority to bind the entity,
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL)
Attest: Keven Madok, Clerk
By:
Deputy Clerk
Date
(SEAL)
CONTRACTOR'S Witnesses Attest:
Contractor must provide two witnesses
signatures
Signature.
Print Name: Coleen Castagna
Title: Controller
Date: 71101
and
Signature: / f -�C - --
Print Name: P aulette Jewell
Title: Corp. Secretary
Date: 7110117
STATE OF FLORIDA, COUNTY OF Sarasota
On this 10th day of July , 20 1 7 , before me, the undersigned notary public,
personally appeared Gary A. Loer known to
me to be the person whose name is
subscribed above or who produced xxxxxxxxxxxxxxxxx
as identification, and acknowledged
that he/she is the person who executed the above
contract with Monroe County for
(DEPARTMENT OF JUVENILE JUSTICE BLDG. EVIDENCE
LOCKER REMODEL) for the
purposes therein contained.
Public _>l
KIM MCGINNIS
Notary
NOTARY c COMMISSION 4 FF203112
Print Name Kim McGinnis
srnrr EXPIRES Feb 24, 2014
1rL:7.41LA BONDED THROUGH
My commission expires: Feb. 24, 201
RLI INSURANCE COMPANY
End of Section 00500
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRIS AMBROSIO
ASS�ST T COUNTY ATTORNEY
Date:
3 r `� � 7
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
MayorlChairman
CONTRACTOR: IJJ'Porti�.r Cgtstructors Inc.
Signature: '
Print Name: Gary A. Loer
Title: President
Date: July 1 0, 2017
AGREEMENT Page 14 of 52
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GENERAL CONDITIONS OF THE CONTRACT
1.0 GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between
Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners proposal documents, other documents listed in the Agreement and Modifications
issued after execution of the Contract, and the Contractor's proposal and supporting
documentation. A Modification is (1) a written amendment to the Contract signed by both
parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for
a minor change in the Work issued by Project Management.
1,1,2 The Contract: The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contractual relationship of any kind
(1) between the Architect and Contractor, (2) between Project Management and
Contractor, (3) between the Architect and Project Management, (4) between the Owner
and a Subcontractor or (5) between any persons or entities other than the Owner and
Contractor. The Owner shall, however, be entitled to enforce the obligations under the
Contract intended to facilitate performance of the duties of Project Management and
Architect.
1.1.3 The Work: The term "Work" means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The Work may constitute the whole or a part of the Project.
1. 1.4 The Project: The Project is the total construction of which the Work performed under the
Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under
separate contracts not administered by Project Management.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules
and diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems,
standards and workmanship for the Work, and performance of related services.
1.11 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the proposal requirements, sample forms, Conditions of the Contract
and Specifications,
General Conditions of the Contract Page 15 of 52
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1.2 Execution, Correlation and Intent
1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
1.2.2 The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce
the intended results.
1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors
or in establishing the extent of Work to be performed by any trade.
1.2.4 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.
1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the
Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the
Contractor is described. The Contractor may retain one contract record set. Neither the
Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier
shall own or claim a copyright in the Drawings, Specifications and other documents
prepared by the Architect. All copies of them, except the Contractor's record set, shall be
returned or suitably accounted for to Project Management, on request, upon completion
of the Work. The Drawings, Specifications and other documents prepared by the Architect,
and copies thereof furnished to the Contractor, are for use solely with respect to the
Project. They are not to be used by the Contractor or any Subcontractor, Sub -
subcontractor or material or equipment suppliers unless they are granted a limited license
to use and reproduce applicable portions of the Drawings, Specifications and other
documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other
documents prepared by the Architect. Submittal or distribution to meet official regulatory
requirements or for other purposes in connection with this Project is not to be construed
as publication in derogation of copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and
General Conditions of the Contract Page 16 of 52
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the Project Manual free of charge for the execution of the Work. Additional copies may be
obtained from Project Management at a fee of $5.00 per page for full size drawings (.25
per page for written specifications or 11 "x 17" drawings).
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published
by the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as
"all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article
is absent from one statement and appears in another is not intended to affect the
interpretation of either statement.
2.0 OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner.
2.2.2 The Owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
223 For existing facilities, the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities, except for permits
and fees which are the responsibility of the Contractor under the Contract Documents. It
is the Contractor's responsibility to secure and pay for the building permit(s) for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and
the Project Manual free of charge for the execution of the Work as provided in
Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and may contemporaneously provide the same communications to the
Architect.
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2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated
herein and especially those in respect to Article 6 (Construction by Owner or by Other
Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out
Work in accordance with the Contract Documents, the Owner, by written order signed
personally or by an agent specifically so empowered by the Owner, may order the
Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty
on the part of the Owner to exercise this right for the benefit of the Contractor or any other
person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a three -day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three -day period give the Contractor a second
written notice to correct such deficiencies within a three -day period. If the Contractor
within such second three -day period after receipt of such second notice fails to commence
and continue to correct any deficiencies, the Owner may, without prejudice to other
remedies the Owner may nave, correct such deficiencies. In such case an appropriate
Change Order shall be issued deducting from payments then or thereafter due the
Contractor the cost of correcting such deficiencies, including compensation for another
contractor or subcontractor or Project Management's and Architect's and their respective
consultants' additional services and expenses made necessary by such default, neglect
or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover
such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-
up issues, Owner has right to provide a minimum of twenty -four (24) hours' notice. In the
event of safety issues determined to be of a serious nature, as determined by Project
Management, notice will be given, and Contractor is required to rectify any deficiency
immediately.
3.0 CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under
Conditions of the Contract that are administered by Project Management, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
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3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other
and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Project Management and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Project Management or
Architect for damage resulting from errors, inconsistencies or omissions in the Contract
Documents unless the Contractor recognized such error, inconsistency or omission and
knowingly failed to report it to Project Management and Architect. If the Contractor
performs any construction activity knowing it involves a recognized error, inconsistency or
omission in the Contract Documents without such notice to Project Management and
Architect, the Contractor shall assume appropriate responsibility for such performance and
shall bear an appropriate amount of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors,
inconsistencies or omissions discovered shall be reported to Project Management and
Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under this Contract, subject to overall coordination of
Project Management as provided in Subparagraphs 4.6.3 and 4.6.5.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other
persons performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with
the Contract Documents either by activities or duties of Project Management in its
administration of the Contract, or by test, inspections or approvals required or performed
by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor
will perform the work strictly in accordance with this contract.
3.4 Labor and Materials
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3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project.
If any Contractor's employee is determined to be detrimental to the Project, as deemed
by Project Management, the Contractor will remove and/or replace the employee at the
request of Project Management. Employees dismissed from the project will be transported
from the job site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements
as necessary for proper coordination, fabrication and installation of his materials and
equipment. The Contractor agrees to cooperate with Project Management, if required, to
accommodate any discovered variations or deviations from the Drawings and
Specifications so that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free
from defects not inherent in the quality required or permitted, and that the Work will
conform with the requirements of the Contract Documents. Work not conforming to these
requirements, including substitutions not properly approved and authorized, may be
considered defective. The Contractor's warranty excludes remedy for damage or defect
caused by abuse, modifications not executed by the Contractor, improper or insufficient
maintenance, improper operation, or normal wear and tear under normal usage. If
required by Project Management, the Contractor shall furnish satisfactory evidence as to
the kind and quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
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3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees,
licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal
or Utility entities having jurisdiction over the project for the proper execution and
completion of the Work which are customarily secured after execution of the Contract and
which are legally required at the time bids are received. The Contractor will be responsible
for all building permit costs or impact fees required for this project. The Contractor shall
secure and pay for all building and specialty permits including plumbing, electrical, HVAC,
etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents
are at variance therewith, the Contractor shall promptly notify Project Management,
Architect and Owner in writing, and necessary changes shall be accomplished by
appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Project Management,
Architect and Owner, the Contractor shall assume full responsibility for such Work and
shall bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The
superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly
confirmed on written request in each case. The superintendent shall be satisfactory to
Project Management and shall not be changed except with the consent of Project
Management, unless the superintendent proves to be unsatisfactory to the Contractor or
ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Project Management's approval a
Contractor's Construction Schedule for the Work. Such schedule shall not exceed time
limits current under the Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be related to the entire Project
construction schedule to the extent required by the Contract Documents, and shall provide
for expeditious and practicable execution of the Work. This schedule, to be submitted
within fourteen (14) days after Contract Award, shall indicate the dates for the starting and
completion of the various stages of construction, shall be revised as required by the
conditions of the Work, and shall be subject to Project Management's approval.
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3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing
the Contractor's Work to avoid conflict, delay in or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.3 The Contractor shall conform to the most recent schedules,
3.10.4 Project Management will schedule and conduct a project meeting at a minimum of one (1)
meeting per month in each month which the Contractor shall attend. At this meeting, the
parties can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one (1) record copy of the
Drawings, Specifications, addenda, Change Orders and other Modifications, in good order
and marked currently to record changes and selections made during construction, and in
addition approved Shop Drawings, Product Data, Samples and similar required submittals.
These shall be available to Project Management and Architect and shall be delivered to
Project Management for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier
or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate
materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and
establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work
for which submittals are required the way the Contractor proposes to conform to the
information given and the design concept expressed in the Contract Documents. Review
by Project Management is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance
with the schedule and sequence approved by Project Management, Shop Drawings,
Product Data, Samples and similar submittals required by the Contract Documents. The
Contractor shall cooperate with Project Management in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related
documents submitted by other Contractors. Submittals made by the Contractor which are
not required by the Contract Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop
Drawings, Product Data, Samples or similar submittals until the respective submittal has
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been approved by Project Management. Such Work shall be in accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified
materials, field measurements and field construction criteria related thereto, or will do so,
and has checked and coordinated the information contained within such submittals with
the requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Project Management approval of Shop Drawings, Product
Data, Samples or similar submittals unless the Contractor has specifically informed Project
Management and Architect in writing of such deviation at the time of submittal and Project
Management have given written approval to the specific deviation. The Contractor shall
not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data,
Samples or similar submittals by Project Management's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples or similar submittals, to revisions other than those requested by
Project Management and Architect on previous submittals.
3.12.10 Informational submittals upon which Project Management are not expected to take
responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Project Management and Architect
shall be entitled to rely upon the accuracy and completeness of such calculations and
certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to Project Management
for approval by the Owner.
113 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval
of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the
Work or to make its parts fit together properly. He shall also provide protection of existing
work as required.
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3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting,
patching, excavating or otherwise altering such construction. The Contractor shall not cut
or otherwise alter such construction by other Contractors or by the Owner's own forces
except with written consent of Project Management, Owner and such other contractors:
such consent shall not be unreasonably withheld. The Contractor shall not unreasonably
withhold from the other Contractors or the Owner the Contractor's consent to cutting or
otherwise altering the Work. When structural members are involved, the written consent
of Project Management shall also be required. The Contractor shall not unreasonably
withhold from Project Management or any separate contractor his/her consent to cutting
or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his /her materials and equipment and the execution of his /her work, whether
or not shown or indicated on the Drawings. The Contractor shall be further responsible for
sealing and /or finishing, in an acceptable fashion and meeting any applicable code
requirements, and such block -out, cutout opening, or other hole in any fire - related floor,
ceiling, wall, security wall, or any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the
Work, the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up
shall be performed to the satisfaction of the Owner or Project Management.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project
Management may do so with the Owner's approval and the cost thereof shall be charged
to the Contractor.
3,16 Access to Work
3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to the
Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Project Management
and Architect harmless from loss on account thereof, but shall not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer
or manufacturers is required by the Contract Documents. However, if the Contractor has
reason to believe that the required design, process or product is an infringement of a
patent, the Contractor shall be responsible for such loss unless such information is
promptly furnished to the Architect and Project Management.
3.18 Indemnification and Hold Harmless
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3.18.1 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). The monetary limitation of liability under this contract shall be not less
than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Consultant shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity in the plans and specifications provided by the Contractor, the
Contractor agrees and warrants that the Contractor shall hold the County harmless and
shall indemnify it from all losses occurring thereby and shall further defend any claim or
action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
4.0 ADMINISTRATION OF THE CONTACT
4.1 Architect/Engineer
4.1.1 The Architect and/or Engineer is the person lawfully licensed to practice
arch itecturelengineering or any entity lawfully practicing arch itecturelengineering
identified as such in the Agreement and is referred to throughout the Contract Documents
as if singular in number. The term "Architect" means the Architect or the Architect's
authorized representative.
4.2 Project Management
4.2.1 Project Management is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term "Project
Management" means Monroe County Project Management Department or Project
Management's authorized representative.
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4.3 Duties, responsibilities and limitations of authority of Project Management and Architect
as set forth in the Contract Documents shall not be restricted, modified or extended without
written consent of the Owner, Project Management, Architect and Contractor. Consent
shall not be unreasonably withheld.
4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect
whose status under the Contract Documents shall be that of the former Architect.
4.5 Not Used.
4.6 Administration of the Contract
4.6.1 Project Management and 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 Engineer will advise and consult with the Owner and will have authority
to act on behalf of the Owner only to the extent provided in the Contract Document, unless
otherwise modified by written instrument in accordance with other provision of the
Contract.
4.6.2 Project Management and Engineer will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will keep the
Owner informed of the progress of the Work, and will endeavor to guard the Owner against
defects and deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other Contractors and
of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Project Management and
Owner in reviewing their construction schedules when directed to do so. The Contractor
shall make any revisions to the Construction schedule deemed necessary after a joint
review and mutual agreement. The construction schedules shall constitute the schedules
to be used by the Contractor, other Contractors, Project Management and the Owner until
subsequently revised.
4.6.4 Not used.
4.6.5 Project Management will visit the site at intervals appropriate to the stage of construction
to become generally familiar with the progress and quality of the completed Work and to
determine in general if the Work is being performed in a manner indicating that the Work,
when completed, will be in accordance with the Contract Documents. However, Project
Management will not be required to make exhaustive or continuous onsite inspections to
check quality or quantity of the Work. On the basis of on -site observations as an architect,
Project Management will keep the Owner informed of progress of the Work, and will
endeavor to guard the Owner against defects and deficiencies in the work.
4.6.6 Project Management will not have control over or charge of and will not be responsible for
construction means, method, techniques, sequences or procedures, or for safety
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precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible
for the Contractor's failure to carry out the Work in accordance with the Contract
Documents, Neither Project Management nor the Architect will have control over, or
charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or
their agents or employees, or of any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the
Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Project Management, and shall
contemporaneously provide the same communications to the Architect. Communications
by and with the Architect's consultants shall be through the Architect. Communications by
and with Subcontractors and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through Project Management and
shall be contemporaneously provided to the Architect.
4.6.8 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 Contractors into a Project
Application for Payment. After reviewing and certifying the amounts due the Contractors,
the Project Application for Payment, along with the applicable Contractors' Applications
for Payment, will be processed by Project Management.
4.6.9 Based on Project Management's observations and evaluations of Contractors'
Applications for Payment, Project Management will certify the amounts due the
Contractors and will issue a Project Approval for Payment.
4.6.10 Project Management will have authority to reject Work which does not conform to the
Contract Documents, and to require additional inspection or testing, in accordance with
Subparagraphs 13,5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed, but will take such action only after notifying Project Management. Subject to
review, Project Management will have the authority to reject Work which does not conform
to the Contract Documents. Whenever Project Management considers it necessary or
advisable for implementation of the intent of the Contract Documents, Project
Management will have authority to require additional inspection or testing of the work in
accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is
fabricated, installed or completed. The foregoing authority of Project Management will be
subject to the provisions of Subparagraphs 4.6.17 through 4,6.19 inclusive, with respect
to interpretations and decisions of the Architect. However, neither the Architect's nor
Project Management's authority to act under this Subparagraph 4.6.10 nor a decision
made by either of them in good faith either to exercise or not to exercise such authority
shall give rise to a duty or responsibility of the Architect or Project Management to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees,
or other persons performing any of the Work.
4.6.11 Project Management will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from
other Contractors, and review those recommended for approval. Project Management
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actions will be taken with such reasonable promptness as to cause no delay in the Work
of the Contractor or in the activities of other Contractors or the Owner,
4.6.12 Project Management will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. Project Management action will be taken
with such promptness consistent with the constraints of the project schedule so as to
cause no delay in the Work of the Contractor or in the activities of the other Contractors,
the Owner, or Project Management, while allowing sufficient time to permit adequate
review. Review of such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. Project Management review of the Contractor's submittals shall not relieve
the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project
Management's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by Project Management, of any construction means,
methods, techniques, sequences or procedures. Project Management's approval of a
specific item shall not indicate approval of an assembly of which the item is a component.
4.6.13 Project Management will prepare Change Orders and Construction Change Directives.
4.6.14 f=ollowing consultation with the Owner, Project Management will take appropriate action
on Change Orders or Construction Change Directives in accordance with Article 7 and will
have authority to order minor changes in the Work as provided in Paragraph 7.3.
4.6.15 The Contractor will assist Project Management in conducting inspections to determine the
dates of Substantial completion and final completion, and will receive and forward to
Project Management written warranties and related documents required by the Contract
and assembled by the Contractor. Project Management will review and approve a final
Project Application for Payment upon compliance with the requirements of the Contract
Documents.
4.6.16 Project Management will provide one (1) or more project representatives to assist in
carrying out his/her responsibilities at the site. The duties, responsibilities and limitations
of authority of such project representatives shall be as set forth in an exhibit to be
incorporated in the Contract Documents.
4.6.17 Project Management will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Owner or Contractor.
Project Management's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning
the time within which interpretations required of Project Management shall be furnished in
compliance with this Paragraph 4.6, then delay shall not be recognized on account of
failure by Project Management to furnish such interpretations until fifteen (15) days after
written request is made for them.
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4.6.18 Interpretations and decisions of Project Management will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and decisions, Project Management will
endeavor to secure faithful performance by both Owner and Contractor, will not show
partiality to either and will not be liable for results of interpretations or decisions so
rendered in good faith.
4.6.19 Project Management's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of
time or other relief with respect to the terms of the Contract. The term "Claim" also
includes other disputes and matters in question between the Owner and Contractor arising
out of or relating to the Contract. Claims must be made by written notice. The
responsibility to substantiate Claims shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the claim
or dispute with meet and confer sessions to be commenced within fifteen (15) days of the
dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by
the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within twenty -one (21)
days after occurrence of the event giving rise to such Claim or within twenty -one (2 1) days
after the claimant first recognizes the condition giving rise to the Claim, whichever is later.
Claims must be made by written notice submitted to the designated representative. An
additional Claim made after the initial Claim has been implemented by Change Order will
not be considered unless submitted in writing to the Owner's representative in a timely
manner.
4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the
preceding provisions shall be deemed conclusively to have been waived and shall be
dismissed at the option of the Owner. The claim shall set forth in detail all known facts
and circumstances supporting the claim; final costs associated with any claim upon which
notice has been filed must be submitted in writing to the Owner with thirty (36) calendar
days after notice has been received. In the event the Contractor seeks to make a claim
for an increase in the contract price, as a condition precedent to any liability of the Owner
therefore, unless emergency conditions exist, the Contractor shall strictly comply with the
requirements of this Section and such claim shall be made by the Contractor before
proceeding to execute any work for which a claim is made. Failure to comply with this
condition precedent shall constitute a waiver by the Contractor of any claim for additional
compensation.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise
agreed in writing, the Contractor shall proceed diligently with performance of the Contract
and the Owner shall continue to make payments in accordance with the Contract
Documents.
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4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver
of Claim by the Owner except those arising from:
1 liens, Claims, security interests or encumbrances arising out of the Contract
and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ
materially from those indicated in the Contract Documents or (2) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist
and generally recognized as inherent in construction activities of the character provided
for in the Contract Documents, then notice by the observing party shall be given to the
other party promptly before conditions are disturbed and in no event later than ten (10)
days after first observance of the conditions. Project Management will promptly
investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2.
4.7.6.1 As a condition precedent to the Owner having any liability to the Contractor due to
concealed and unknown conditions, the Contractor must give the Owner and Owner
Engineer written notice of, and an opportunity to observe, such condition prior to disturbing
it. The failure by the Contractor to give the written notice and make the claim as provided
by the provisions herein shall constitute a waiver by the Contractor of any rights arising
out of or relating to such concealed and unknown condition.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to
execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Paragraph 10.3 If the Contractor believes
additional cost is involved for reasons including but not limited to (1) a written interpretation
from Project Management, (2) a written order for a minor change in the Work issued by
Project Management, (3) failure of payment by the Owner, (4) termination of the Contract
by the Owner, (5) Owner's suspension or (6) other reasonable grounds, a Claim shall be
filed in accordance with the procedure established herein. In a claim by the Contractor
against the Owner for compensation in excess of the Contract Sum, any liability of the
Owner to the Contractor shall be strictly limited and computed in accordance with the
contract documents and shall in no event include indirect costs or consequential damages
of the Contractor or any estimated costs or damages.
4.7.8 Claims for Additional Time.
4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
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4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather
conditions had an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or
damage to person or property because of an act or omission of the other party, of any of
the other party's employees or agents, or of others for whose acts such party is legally
liable, written notice of such injury or damage, whether or not insured, shall be given to
the other party within a reasonable time not exceeding twenty -one (21) days after first
observance. The notice shall provide sufficient detail to enable the other party to
investigate the matter. If a Claim for additional cost or time related to this Claim is to be
asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8.
5.0 SUBCONTRACTORS AND SUB - SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to
throughout the Contract Documents as if singular in number and means a Subcontractor
or an authorized representative of the Subcontractor. The term "Subcontractor" does not
include other Contractors or subcontractors of other Contractors.
5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor"
is referred to throughout the Contract Documents as if singular in number and means a
Sub - subcontractor or an authorized representative of the Sub - subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
521 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Project Management for review by the Owner and Project Management the names of
persons or entities (including those who are to furnish materials or equipment fabricated
to a special design) proposed for each principal portion of the Work. Project Management
will promptly reply to the Contractor in writing stating whether or not the Owner or Project
Management, after due investigation, has reasonable objection to any such proposed
person or entity. Failure of Project Management to reply promptly shall constitute notice
of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or
Project Management has made reasonable and timely objection. The Contractor shall not
be required to contract with anyone to whore 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,
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the Contractor shall submit an acceptable substitute. However, no increase in the Contract
Sum shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner or Project Management makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the
extent of the Work to be performed by the Subcontractor, to be bound to the Contractor
by terms of the Contract Documents, and to assume toward the Contractor all the
obligations and responsibilities which the Contractor, by these Documents, assumes
toward the Owner or Project Management. Each subcontract agreement shall preserve
and protect the rights of the Owner or Project Management under the Contract Documents
with respect to the Work to be performed by the Subcontractor so that subcontracting
thereof will not prejudice such rights. When appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor
shall make available to each proposed Subcontractor, copies of the Contract Documents
which the Subcontractor will be bound, and, upon written request of the Subcontractor,
identify to the Subcontractor terms and conditions of the proposed subcontract agreement
which may be at variance with the Contract Documents. Subcontractors shall similarly
make copies of applicable portions of such documents available to their respective
proposed Sub - subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the
Owner provided that:
assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the
Owner accepts by notifying the Subcontractor in writing; and
2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
I. If the work has been suspended for more than thirty (30) days, the
Subcontractor's compensation shall be equitably adjusted.
6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the Project
with the Owner's own forces, which include persons or entities under separate contracts
not administered by Project Management. The Owner further reserves the right to award
other contracts in connection with other portions of the Project or other construction or
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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/her work with the work of
other contractors on the site. The Owner and Project Management shall be held harmless
for any and all costs and time increases associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other
contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction
or operations by the Owner's own forces or other contractors, the Contractor shall, prior
to proceeding with that portion of the Work, promptly report to Project Management any
apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report
shall constitute an acknowledgment that the Owner's own forces or other contractors'
completed or partially completed construction is fit and proper to receive the Contractor's
Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an
extension of time.
624 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other
contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other
contractors have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he /she is entitled to an extension of time for completion
of any portion or portions of the work, he/she shall, within seventy -two (72) hours of the
occurrence of the cause of the delay, notify Project Management in writing, of his /her
contention: setting forth (A) the cause for the delay, (B) a description of the portion or
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portions of work affected thereby, and (C) all details pertinent thereto. A subsequent
written application for the specific number of days of extension of time requested shall be
made by the Contractor to Project Management within seventy -two (72) hours after the
delay has ceased to exist.
1 It is a condition precedent to the consideration or prosecution of any claim for
an extension of time that the foregoing provisions be strictly adhered to in each
instance and, if the Contractor fails to comply, he/she shall be deemed to have
waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall
be the basis for an extension of time he /she shall have no claim against the
Owner or Project Management for an increase in the Contract price, nor a claim
against the Owner or Project Management for a payment or allowance of any
kind for damage, loss or expense resulting from delays; nor shall the Contractor
have any claim for damage, loss or expense resulting from interruptions to, or
suspension of, his /her work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish as described in Paragraph 3.16,
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
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere
in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Project Management
and Contractor. A Construction Change Directive require agreement by the Owner, Project
Management and may or may not be agreed to by the Contractor. An order for a minor
change in the Work may be issued by Project Management alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or
Construction Change Directive that application of such unit prices to quantities of Work
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proposed will cause substantial inequity to the Owner or Contractor, the applicable unit
prices shall be equitably adjusted.
7.2 Change Orders
7.2.1 A Change Order is a written instrument prepared by Project Management and signed by
the Owner, Project Management and Contractor stating their agreement upon all of the
following:
1 a change in the Work;
2 the amount of the adjustment in the Contract Sum, if any; and
3 the extent of the adjustment in the Contract Time, if any,
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the
appropriate authority in writing;
2 unit prices stated in the Contract Documents or subsequently agreed upon,
and approved by the appropriate authority in writing;
,3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Project Management is received, shall
promptly proceed with the Work involved. The cost of such Work shall then be determined
by daily force accounts in a form acceptable to the Owner and Project Management. The
daily force account forms shall identify Contractor and/or Subcontractor personnel by
name, total hours for each man, each piece of equipment and total hours for equipment
and all material(s) by type for each extra Work activity claim. Each daily force account
form shall be signed by the designated Project Management representative no later than
the close of business on the day the Work is performed to verify the items and hours listed.
Extended pricing of these forms shall be submitted to Project Management with all
supporting documentation required by Project Management for inclusion into a change
order. Unless otherwise provided in the Contract Documents, cost shall be limited to the
following: cost of materials, including sales tax and cost of delivery; cost of labor, including
social security, old age and unemployment insurance, and fringe benefits required by
agreement or custom; works' or workmen's compensation insurance; and the rental value
of equipment and machinery. Markups for overhead and profit will be in accordance with
subparagraph 7.2.4. Pending final determination of cost, payments on account shall be
made as determined by Project Management. The amount of credit to be allowed by the
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Contractor for any deletion or change, which results in a net decrease in the Contract
Sum, will be the amount of the actual net cost to the Owner as confirmed by Project
Management. When both additions and credits covering related Work or substitutions are
involved in any one change, the allowance for overhead and profit shall be figured on the
basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage
for overhead and profit shall be allowed on items of Social Security and Sales Tax. If
deductions are ordered the amount of credit shall be a net cost to Owner as defined in
section 5.5.1 of the Contract. Items considered as overhead shall include insurance other
than that mentioned above, bond or bonds, superintendent, timekeeper, clerks,
watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties,
and all general home /field office expenses. The actual cost of Changes in the Work (other
than those covered by unit prices set forth in the Contract Documents) shall be computed
as follows:
1 If the Contractor performs the actual Work, the maximum percentage markup
for overhead shall be five percent (5 %) and the maximum percentage for profit
shall be five percent (5 %);
2 If the Subcontractor performs the actual Work, the subcontractor's percentage
mark -up for overhead and profit shall be a maximum addition of ten percent
(10 %). If the Contractor does not perform the Work, the maximum mark -up for
managing the Work will be five percent (5 %);
3 If the Subcontractor performs part of the actual Work, his/her percentage mark-
up for overhead and profit shall be a maximum addition of ten percent (10 %)
on his/her direct Work only. If the Contractor performs part of the actual Work,
his/her percentage mark -up for overhead and profit shall be a maximum
addition of ten percent (10 %) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized
breakdown of the quantities and prices used in computing the value of any change that
might be ordered. Any additional supporting documentation requested by Project
Management such as certified quotations or invoices shall be provided by the Contractor
to Project Management at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him/her by Project Management, by
drawings or otherwise, involve extra Work not covered by the Contract, he/she shall give
Project Management written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies
endangering life or property, in which case the Contractor shall proceed in accordance
with Paragraph 10.3.
.1 The written notice to Project Management for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost
breakdown by labor, material and equipment for each additional activity
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